HomeMy WebLinkAboutres2000-010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 128
CLEARANCES Date Dale Received in Council Office Agenda Date Assigned To
Ong. Dept.: Planning & Develop
Division Head:
03/00/2000
IdCJll1 ff` J' \/
EE ^
MAR 0 8 2000
WHATCOM COUNTY
COUNCIL
03/07/2000
Full Council
Dept Head.
Prosecutor.
gadget
Fxeub ve:
SUBJECT
Res. initiating emergency zoning text amendments to 20.90 - Amendments Section
ATTACHMENTS
SUMMARYSTATEMENT.
Related County Contract #: Should the Clerk schedule a haring? (YM Requested Dote:
Resolution initiating emergency zoning text amendments to Section 20.90 - Amendments Section
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
2000 -128 3RI2000: Approved 5 -0, Nelson absent, Imhof out of room,
Res. #2000 -010
Related File Numbers: Ordinance or Resolution Number (this item only):
Rese* uxm 4010
Sponsored by: Hoag
Proposed by: Planning & Development Services
Introduction date: 3/7/2000
RESOLUTION NO. 2000 -010
INITIATING EMERGENCY ZONING TEXT AMENDMENTS TO
20.90 - AMENDMENTS SECTION
WHEREAS, the provisions of WCC 20.90 indicate that proposed zoning amendments
shall be docketed for consideration once per year, and
WHEREAS, the provisions of WCC 20.90.020 provide for the initiation of "emergency"
zoning amendments outside of the annual amendment cycle to address a situation that necessitates
expeditious action upon approval of a resolution by a two - thirds majority of the County Council,
and
WHEREAS, the Planning Commission has advertised and held a public hearing on a text
amendment to Title 20.90 which removes the requirement for processing zoning amendments as a
"batch ", and
WHEREAS, the text amendment to Title 20.90 is procedural only and will have no
substantive affect on any proposals currently under review or in the future, and
WHEREAS, the Whatcom County Council has determined that expeditious review of
amendments to Title 20 which would allow for the removal of the "batching" requirement as
presently included in 20.90 are necessary to support the economic and environmental well being
of the County, and
Resolution, page 1
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby
initiates for immediate formal review outside the amendment review cycle pursuant WCC
20.90.020 the above referenced text amendments to Title 20 (Exhibit 1) to modify the procedural
requirements of Chapter 90 concerning zoning text amendments.
APPROVED this 7 day of March, 2000.
ATTEST
Dana Brown - Davis, Clerk of the Council
APPROVED AS TO FORM:
DR
Civil Deputy rosecutor
Resolution, page 2
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
9�
Mar ene Dawson, Council Chair
Staff Report
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EXHIBIT 1
1) Section 2.33.010 of Chapter 2.33 (Permit Review Procedures) is amended as follows:
2.33.010 Purpose and Applicability.
B. This chapter describes how the county will process applications for development. The provisions
of this chapter shall apply to all applications for a project permit that require an open record hearing
including, but not limited to:
1. Conditional uses;
2. Variances;
3. Subdivisions;
4. Shoreline permits when an open record hearing is required;
5. General binding site plans;
6. Lot consolidation relief. (Ord. 96 -031 1 ).
7. Site specific rezones.
2.33.020 Exemptions.
The following are exempt from the provisions of this chapter:
A. Project permits not subject to open record hearings; including, but not limited to, building
permits and short plats, are exempt from the provisions of this chapter; provided that:
1. The county shall make a determination of completeness pursuant to WCC 2.33.050; and
2. A final decision is made by the county pursuant to WCC 2.33.090:
a. Within 90 days of a determination of completeness if the project is exempt from
SEPA review unless a shorter review period is provided in the other provisions of Whatcom County
Code;
b. Within 120 days of a determination of completeness if the project is subject to
SEPA review unless a shorter review period is provided in other provisions of Whatcom County
Code;
B. Planned unit development permits; provided, that the county shall make a determination of
completeness pursuant to WCC 2.33.050;
C. Major development permits; provided, that the county shall make a determination of
completeness pursuant to WCC 2.33.050;
D. Concomitant rezones; provided, that the county shall make a determination of completeness
pursuant to WCC 2.33.050;
E. Legislative actions including ^•^^ •••'•'p Fe7nn^^ and text amendments, standard map
amendments, comprehensive plans or other related plans and regulations.
2) Chapter 20.90 (Amendments) is amended as follows:
Sections:
20.90.010 Purpose
20.90.020 Types of zoning amendments defined
nn nn non c t,.....eeifie Fea..nes
20.90.049.030 Initiation of 6Fea wide tex amendments.
20 90 040 Docketing procedures
20.90.050 in tiatien of emergency amendments Processing of initiated amendments.
20.90.060 pecial provisions.
20.90.070 Transmission of amendments to the state.
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20.90.010 Purpose.
The purpose of this chapter is to define the types of zoning amendments and establish time lines
and procedures to be followed when proposals are made for amending or revising the county zoning
ordinance.
20.90.020 Types of zoning amendments defined.
(1) Wea wide "Standard map amendment' means a proposed change or revision to
the official county zoning map that affects a number of properties under various ownerships. An
area -wide reclassification is generally comprehensive in nature, deals with homogeneous
communities, is geographically distinctive, or has unified interest within the county, such as subarea
plans.
(a) Rezone agreements may be required if, from the facts presented, and the findings, report
and recommendations of the planning commission as required by Chapter 20.90 hereof, the council
determines that the public health, safety and general welfare will be best served by a proposed
change of zone. The council may indicate its general approval, in principle, of the proposed rezoning
by the adoption of a "resolution of intent to rezone" the area involved. This resolution shall include
any conditions, stipulations or limitations which the council may feel necessary to require in the
public interest as a prerequisite to final action. The fulfillment of all conditions, stipulations and
limitations contained in said resolution, on the part of the applicant(s), shall make such a resolution a
binding commitment on the council. Such a resolution shall not be used to justify spot zoning, to
create unauthorized zoning categories by excluding uses otherwise permitted in the proposed
zoning, or by imposing setback, area coverage restrictions not specified in the code for the zoning
classification, or as a substitute for a variance. Upon completion of compliance action by the
applicant, the council shall, by ordinance, adopt such rezoning. The failure of the applicant to meet
any or all conditions, stipulations or limitations contained in the resolution, including the time limit
placed in the resolution, shall render the resolution of intent to rezone null and void, unless an
extension is granted by the council upon recommendation of the planning commission. The time
limitations shall be one (1) year. The council may grant up to five (5) one (1) year extensions, based
on demonstration of hardship or significant progress toward completion, after which the resolution
becomes null and void if all conditions, stipulations and limitations have not been met by the
applicant.
(2) "Site specific rezone" means a proposed change or revision to the official county zoning map.
affecting 9 to SPeG `^ rezones affeet a limited number of acres and must be composed of contiguous
parcels that are under one or a limited number of ownerships and are requested to allow a specific
project not allowed under the current zoning designation.
(3 ) "Concomitant rezone" is a site specific rezone which uses a concomitant agreement to
impose conditions on, or limitations on uses and may also require performance by the applicant(s)
which is /are directly related to mitigation of probable on and offsite impacts to adjacent uses, public
services and the environment. The agreement shall generally be in the form of a covenant running
with the land. The provisions of the agreement will be in addition to all other pertinent Whatcom
County Code requirements.
(4) "Text amendments" means a proposed change or revision in the text of Title 20, the zoning
ordinance.
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20.90.040-030 Initiation of area- wide -and text amendments.
Amendments to this title and /or to the official Whatcom County zoning map may be initiated as
follows:
(1) The department of planning and development services may initiate an amendment(s) by
placing the proposed amendment(s) on the WCC Title 20 and official zoning map initiated
amendment annual docket.
(2) The Whatcom County planning commission may initiate an amendment(s) by majority
vote of its members to place an amendment proposal on the WCC Title 20 and official zoning map
initiated amendment annual docket.
(3) In addition to the initiation of emergency amendments, the county council may initiate an
amendment by approving a resolution to place a proposed amendment(s) on the WCC Title 20 and
official zoning map initiated amendment annual docket.
(4) A citizen may initiate an amendment(s) to this title and /or to the official Whatcom County
zoning map by making application on forms provided by the department of planning and
development services and paying a processing fee The amendment Proposal shall be docketed by
fee has een paid.
(5) Amendments to this title or the official county zoning map that also require an amendment
to the comprehensive plan shall be initiated only if the accompanying comprehensive plan
amendment is initiated as provided in Chapter 20.10 WCC. The payment of the processing fee for
the zoning amendment as required by this section shall occur within 15 days of the approval of the
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resolution initiating the comprehensive plan amendment or the zoning amendment will be withdrawn.
(Ord. 98 -010 1, 1998).
041 The Annual Docket requires applications to be submitted by June 30 of each year.
042) The Reaular Docket accepts applications throughout the year. Amendments subject to the
Regular Docket Process include:
(1) Citizen initiated site specific rezones.
(2) Citizen initiated text amendments.
(3) County initiated emergency amendments.
20.90.050 Processing of initiated amendments
Initiated amendments are reviewed by the department of planning and development services as
listed below:
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20.90.050 Processing of initiated amendments
Initiated amendments are reviewed by the department of planning and development services as
listed below:
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comprehensive plan, for compliance with any other special provisions as provided by section .060 of
this chapter and shall make a recommendation as to whether the amendment should be approved,
aporove the initiated amendment proposal.
may:
(i) by ordinanm adopt: or
(ii) by motion reject: or
(iii) by resolution, remand the recommendation back, with instructions, to the
.052 Annual Docket
(a) Initiated amendments which are subiect to the annual docket requirements
received after June 30'h. that do not also require a comprehensive Plan amendment, will be
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.053 Regular Docket.
20.90.060 Special provisions.
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.061 Initiation of emergency amendments.
For the purposes of this chapter, an "emergency amendment' means a proposed change or revision
to this title or the official Whatcom County zoning map that arises from a situation that necessitates
(1) Emergency amendments shall be initiated by resolution approved by a two- thirds maiority
vote of the council upon a finding that a situation exists that necessitates expeditious action to
preserve the health safety or welfare of the public: or to support the social, economic or
062 Suggested revisions and suggested revisions docket.
docket as provided in WCC 20.90.030.
063 Site Specific Rezones
Site specific rezones are processed as "development applications" as prescribed by WCC 2.33
(Permit Review Procedures) and are reviewed by the hearing examiner in accordance with
20.92.205. The final decisions regarding a site specific rezone is made by county council. All site
specific rezones are processed within the timelines as reauired by WCC 2.33 except for Droiects that
are exempted by WCC 2.33.020(B -D
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(d) includes evidence that all property owners included within the proposed rezone boundary
concur with the rezone and project proposal as submitted for county review.
o an:
b That the proposed amendment to the zoning bears a substantial relationship to oubli c
health safety, morals general welfare or community needs, and will not adversely affect the
a) be serviced by full urban services or be capable of receiving urban services in
time to serve the development:
b) shall be done in a manner which will not preclude development at urban levels
of density when the area is annexed into the city, and
c) must be of five (5) acres or more in size.
specific rezone.
(5) Site specific rezones may be processed as concomitant rezones and may be processed
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and approval Procedures are not adequate to resolve the specific issues involved in the rezone
proposal.
(a) General location of structures.
(b) Location and number of access Points.
(c) Approximate cross floor area of structures.
20.90.430070 Transmittal of amendments to the state.
Pursuant to RCW 36.70A.106(3) and WAC 365- 195 -620 the department of planning and
development services shall notify and transmit copies of initiated amendments to this title and the
official Whatcom County zoning map to the Washington State Department of Community, Trade and
Economic Development (CTED) and other state agencies Identified on a list distributed by
CTEDat least 60 days prior to final adoption. The department of planning and development
20.90.440080 Maintenance of dockets and public review.
The WCC Title 20 and official zoning map initiated amendment dockets and the suggested revisions
docket together with their supporting application files shall be maintained by the department of
planning and development services and made available for public review during normal business
hours. (Ord. 98 -010 1, 1998).
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3) Chapter 20.92 (Hearing Examiner) is amended as follows:
20.92.205 Recommended decisions.
The hearing examiner shall conduct an open record hearing and prepare a record thereof, and make
recommendations to the county council for approval or disapproval of:
(1) Major project permits;
(2) Planned unit developments;
(3) Site specific rezones, including those processed as major project permits, PUDs and /or
concomitant seatraet rezones.
(4)Such other permits as may be required from the county along with subsections (1) or (2) of
this section for a given project. Applications where a major project permit is required, it shall be
processed as set forth in Chapter 20.88 WCC. Where the hearing examiner would normally make a
final decision to approve or deny an accompanying permit, the decision shall instead be in the form
of a recommendation and accompany the hearing examiner's recommendation on the major project
permit or planned unit development to the county council for final approval.
(5) Proposed rates and charges or special assessments for lake management districts.
20.92.245 Limited jurisdiction.
The hearing examiner shall, with the exception of site - specific rezones as provided for in WCC
20.90.0990063, have no jurisdiction over any project that requires a legislative action, such as but not
limited to an aF8a wide standard mar) amendment, a comprehensive plan map change or a
shoreline management program amendment. All such projects shall be considered and processed
concurrent with and in the same manner as applications for legislative action. The approval or denial
of such projects shall be solely within the discretion of the county council.
20.92.300 Recommended decisions to county council.
20.92.310 Recommended conditions Subdivision applisatiens.
The hearing examiner's recommendations may be to grant or deny any subdivision maior
development or site specific rezone application, or the hearing examiner may recommend that the
county council approve the application with such conditions, modifications or restrictions as the
hearing examiner finds necessary to make the application compatible with its environment; and carry
out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, nor
any other official policies and objectives of Whatcom County.
20.92.320 Recommended decision - Findings and conclusions.
Each recommended decision of the hearing examiner, for major developments, site specific
rezones and subdivisions, shall be in writing and shall include findings and conclusions, based upon
the record, to support the decision. Such findings and conclusions shall also set forth the manner in
which the decision carries out and conforms to the county's comprehensive plan and complies with
the applicable statutes, ordinances or regulations.
20.92.330 Filing recommended decision.
Each recommended decision of the hearing examiner, for major developments, site specific
rezones and subdivisions, shall be filed with the clerk of the county council. For major project
permits, a list of the parties of record as determined by the hearing examiner should be filed with the
recommended decision. (Ord. 96 -056 Att. A A 2, 1996).
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20.92.500 Process for subdivision application and major project permits.
(Ord. 96 -056 Aft. A A2, 1996).
20.92.510 Subdivisions.
The county council shall process each recommended decision for subdivisions, consistent with the
procedure set forth in YV66 :21 :20 400 Title 21.
20.92.520 Major project permits.
The county council shall, upon receipt of the recommended decision on a major project permit,
process that recommendation in the manner set forth in the major project permit chapter of this
ordinance (Chapter 20.88 WCC). (Ord. 96 -056 All. A A2, 1996).
20.92.530 Site specific rezones
The county council shall, upon receipt of the recommended decision on a site specific rezone
process that recommendation in the manner set forth in the Amendment chapter of this ordinance
(Chapter 20.90 WCC).
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Docket Type
Annual
Annual
Regular
EXHIBIT 2
Title 20 Proposed Amendments Process
*60 Day State Review
* *Remand Procedure -New Proposal -P.C. Recipient of Remand
* ** Exempt projects are not subject to Reg Reform one open record public hearing mles.
Area Wide
Suggested/
Text
Emergency
Site Specific
(Citizen)
Agency /Citizen
(Citizen)
(Council)
Rezone
Docket Type
Annual
Annual
Regular
Regular
Regular
Docket
Docket
Docket
Docket
Docket
Decision
P.C,
P.C.
P.C.
P.C.
H.E.
Process P.H.
Timeline to
Oct- May
Oct- May
14 days
None
Per WCC 2.33
Council
Following
Specified
A. Standard -120
PC Decision
(ASAP)
days from
(follow RCW
(36.70.610)*
complete appl.
36.70.610)*
B. Exempt - no
minimum time
re ui ed
Council Options
- Approve
- Approve
- Approve
- Approve
Subject to one open
-Deny
-Deny
-Deny
-Deny
record hearing; one
- Remand **
- Remand **
- Remand*
- Remand*
closed record
-Hold P.H.
-Hold P.H.
-Hold P.H.
-Hold P.H.
appeal.
-Remand
- Approve/Deny
- P.H. **
*60 Day State Review
* *Remand Procedure -New Proposal -P.C. Recipient of Remand
* ** Exempt projects are not subject to Reg Reform one open record public hearing mles.