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HomeMy WebLinkAboutord2000-016WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -159 CLEARANCES fni(mi Date M(D$te'Rr �$a Ctiux, O a it Agenda Date Ass' nedto: iginamr: Kraig Okuon 'lJ� - — - -" �i,Sn S y��� Ii4J L�!G vt'_ 4/4/00 Introduction Dworman Head: Syivm Goodwin 4/18/00 P & D / Council Dept HeadaE. Ryan Prosecutor: David Grant OM Y PnrchasingBpdger. ? Exam ve: 1 SUBJECT: Emergency Zoning Amendment - Whatcom County Code 20.90- - ATTACHMENTS: -- Ordinance adopting proposed text ` ' CC fry COUNTY PL ANN Ii G Planning Commission Recorded Motion SEPA review required? ( x ) Yes ( ) NO SEPA review completed? (x J Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes (x ) NO Requested Date: SUMMARYSTATEMENT: `rdinance to adopt amendments to WCC 20.90 as an emergency ..mendmentper County Council Resolution # 2000 -010. Distribution Request Indicate those who to (he fight ve a tour other Cannel anion. y;,.t,pee.4;e na,nermme>:gnc ADS FacIDties Management ADSFinance ADS Human Resources ADSinfo Services Assessor Auditor Cooperative Extension District Court Executive Heahh Hearing Examiner !a COUNCIL ACTION TAKEN: 2000 -159 4/412000: Introduced 4/18/2000: Amended and adopted 7-0, Ord. #2000 -016 Related County Contract a: Juveniie Parks Planning Silvia Goodwin Prosecutor David Grant Pubic Works Shetil/ Superior Court Tremurer other Related File Numbers: Ordinance or Reso[ui�tQn (this item): Q D, Number I — '1(/ SPONSORED BY: Planning PROPOSED BY Planning INTRODUCTION DATE: 4 4(2000 ORDINANCE # 2000 -016 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TEXT 20.90 - AMENDMENTS SECTION, TITLE 20.92 - HEARING EXAMINER SECTION, AND TITLE 2.33 - PERMIT REVIEW PROCEDURES. WHEREAS, Resolution No. 2000 -010 Initiating Emergency Zoning Amendments to Title 20.90 , the Amendment Chapter of Whatcom County Zoning Ordinance and minor amendments to WCC 2.33 and WCC 20.92 to accommodate the changes to WCC 20.90, was adopted by Whatcom County Council on March 7, 2000, 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 WCC 20.90 are necessary to support the economic and environmental well being of the County, and WHEREAS, The Deputy SEPA Official for Whatcom County has determined that this proposal is exempt from SEPA requirements, and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald December 30, 1999, and WHEREAS, The Planning Commission held public hearings on the proposed amendment on January 13, and considered all testimony, and WHEREAS, The Planning Commission has evaluated the merits of the amendment in relationship to the County Wide Planning Policies and the goals, policies and objectives of the Comprehensive Plan, as required by WCC 20.90.070, and WHEREAS, The Planning Commission, upon request of the County Council to initiate the proposed amendments to WCC 20.90 as an "emergency amendment', has reaffirmed its initial informal recommendation at a study session held March 23, 2000, and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact, Reasons for Action, and Recommendations for the amendments, as required by WCC 20.90.110, and WHEREAS, The County Council finds that the zoning text amendments, as revised, conform to the Growth Management Act and are consistent with and implement the Comprehensive Plan, and WHEREAS, The County Council finds the amendments in the best interest of the public, safety, and welfare, based on the following findings and conclusions: 1- FINDINGS The Whatcom County Council adopts the Planning Commission's findings relating to the Zoning text amendments as set forth in their Findings of Fact, Reasons for Action, and Recommendations which state: 1. The proposal is exempt from SEPA, pursuant to WAC 197 -11- 800(20) - procedural actions. 2. Legal notice was published in the Bellingham Herald on Thursday, December 30, 1999 which advertised a public hearing for January 13, 1999. 3. The Growth Management Act does not require that all zoning amendments be reviewed concurrently. 4. The Comprehensive Plan does not require that zoning amendments be reviewed according to any predefined schedule. 5. The Growth Management Act does require local jurisdictions to establish a docketing procedure by which suggested amendments are reviewed at least annually (RCW 36.7A.040). 6. Current regulations require all applications, other than County Council Initiated Emergencies, be "batched ", meaning that applications which have received a Planning Commission recommendation must wait until all other applications for the year have been reviewed and receive a recommendation from the Planning Commission. Only then can amendments move forward to County Council for final decision. This requirement allows for months of delay prior to final County Council decision. 7. The proposed language eliminates the requirement for applications to be "batched" (20.90.051(6)(a) and provides for a more expeditious method of amendment processing . CONCLUSION 1. The proposed text complies with the Growth Management Act and Whatcom County's Comprehensive Plan. 2. The proposal will aid in minimizing the time applicants are required to wait for a final decision. 3. Amendments to the Official Whatcom County Zoning Ordinance should be adopted as set forth in Exhibit 1. NOW, THEREFORE, BE IT ORDAINED by the Whatoom County Council that: Section 1. The Official Whatcom County Zoning Ordinance text (Title 20) is hereby amended as shown in the attached Exhibit 1. 0 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 18th day of April, 2000 WHATCOM COUNTY COUNCIL S ' WHATCOMCOUNT(YY, WASHINGTON Dana Brown- Davis, Council Clerk Marlene Dawson, Chairperson APPROVED as to form: Civil De ty Prosecutor - 3- eWA,,wmfecl QDenied vv t=remen, *—Execut'i've Date: I-1—W-00 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 Wee wide Fezenes and text amendments, standard man 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 20.90 030 8 to ed fiG Fein. nes 20.90.040.030 Initiation of ^--- ••gip.. '-'-•^ amendments. 20.90.040 Docketing procedures 20.90.050 initial an of emeFgeney amendmeRts Processing of initiated amendments. 20.90.070 PFOcessing .. ed anieRdRiePA&-Transmission of amendments the state. development semees. 20.99.100 Review and FeGemmendatien by the planning Gemm ss an. 29.90.110 Review and appFe,,al by esunty ssuneil,. 20.90.420 Rey ew SGhedu4e-. 20.90.140 Maintenance of dGGI(ets and publie myiew�. 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) ,. Wee ••.,,�,de rezone" "Standard map amendment' means a proposed change or revision to the official county zoning map that affects a number of properties under various owner - ships. A standard map amendment is generally comprehensive in nature, deals with homogeneous communities, is geographically distinctive, or has unified interest within the county, such as sub -area 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 mad affecting Site GpeG fie "^Z^^^^ ^ff ^^t 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. arrsrrt�rr _ 20.90.040 30 Initiation of area wade and 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. ii.L. 0 -1 moon lull I W I W I M11. M1 NOW m m7- 20.90.040 30 Initiation of area wade and 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 NO . - 20.90.040 Docketing procedures. Initiated amendments are docketed on either the Annual or the Regular Title 20 zoning amendment docket as provided below. (2) Citizen initiated standard map amendments. (2) Citizen initiated text amendments. (3) County initiated emergency amendments. Moro 20.90.050 Processing of initiated amendments (1) Initiated amendments are reviewed pursuant to the timelines as outlined in .052 and .053 of this section. shall evaluate the merits of each amendment in relationship to the goals, policies and obiectives of the comprehensive Plan, for compliance with any other special provisions recommendation, if aoolicable. No draft ordinance is required if the recommendation is to not approve the initiated amendment proposal. (6) (a)The county council shall receive the aporooriate hearing body s findings, recommendations and copy of the proposed amendment of the initiated date for a public meeting where it shall consider the aoorooriate hearing body's findings and recommendations, and may: (i) by ordinance, adopt: or fii) by motion reject: or {iii) by resolution, remand the recommendation back with instructions, to the appropriate hearing body for reconsideration of the official control or amendment: or .052 Annual Docket .053 Regular Docket. occurred Pursuant to the Provisions of RCW 36.070 which Prescribe the requirements for adoption of official controls. lap 0. 11 IffiReill 41. *110 t 1010. ow 1-111.4 mi-ll VAN I NOW 1 20.90.060 Special Provisions. .061 Initiation of emergency amendments. comment. .062 Suggested revisions and suggested revisions docket docket. .063 Site Specific Rezones review. (e) includes a completed Environmental Checklist. (a) That the proposed amendment to the zoning map is consistent with the effective to warrant the proposed amendment to the zoning map (d) That the proposed amendment is consistent and compatible with the current services, and iii) if located within a non - industrial Urban Growth Area, the site shall, a) be serviced by full urban services or be capable of receiving urban services in time to serve the development: access control, landscaping, screening, buffering, improvements to public services including drainage, sewer, water and roads, lot coverage restrictions and phasing of proponent and administrative official) and shall also include, but not be limited to: (a) General location of structures. (b) Location and number of access points. (c) Approximate cross floor area of structures. (d) Name of the proposal. e) Identification of areas reouirinq special treatment due to their sensitive nature. (f) North directional arrow. (g) Names and location of all public streets or roads boarding the site. (h) General legal description(s) for the site. 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 Whatoom 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 20.90.940080 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). I /irT�citini`�ici� a9tl� E ). 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 seatcaet 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 20.90.030063, have no jurisdiction over any project that requires a legislative action, such as but not limited to an aFea •••'v.�o- ..,de- �o.,vFezGAe standard map 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 applications. The hearing examiners recommendations may be to grant or deny any subdivision, major 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; or 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 Games 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 fled 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 Aft. A A 2, 1996). 20.92.500 Process for subdivision application and major project permits. (Ord. 96 -056 Aft. A A 2, 1996). 20.92.510 Subdivisions. The county council shall process each recommended decision for subdivisions, consistent with the procedure set forth in W66- 21.20.100 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 Aft. A A 2, 1996). 20.92.530 Site specific rezones EXHIBIT #2 Staff Report Whatcom County Planning & Development Services BACKGROUND INFORMATION File #: ZON99 -00014 File Name: Title 20 Docketing Process Applicant: Initiated by Whatcom County Planning and Development Services Department. Public Notice: Legal notice was published in the Bellingham Herald on Thursday, December 30, 1999 regarding the public hearing scheduled for Thursday, January 13, 1999. SEPA: The amendment is exempt from SEPA pursuant to WAC 197 -11- 800(20) - Procedural Actions. Summary of Request: The proposal is to remove paid applications for proponent initiated text amendments from the Annual Docketing process and to eliminate the need for concurrent review and approval of the initiated amendments included in the Annual Docketing process. The proposal provides necessary procedural requirements and further clarifies the distinction between initiated amendments that are included in the Annual Docketing process and initiated amendments included in the proposed regular amendment docket. Background: The transition to an annual zoning docket process was initiated in February 1998, in response to changes required by the Growth Management Act. The Growth Management Act requires Comprehensive Plan amendments to be considered concurrently. While there is no such requirement that all zoning amendment requests be docketed on an annual basis, there is a requirement that a process for suggested zoning amendments be developed and that suggested amendments be reviewed at least on an annual basis. When WCC 20.90 (amendments section) was redrafted to incorporate requirements of the Growth Management Act it was decided to utilize an Annual Docket for all zoning related amendments with the exception of Council initiated emergencies. Both the Comprehensive Plan and Zoning amendments where to be conducted through Annual Docketing processes. In 1999, the County Council approved the addition of site specific rezones to Title 20 amendment options. Site specific rezones are processed as a "permit' as provided by RCW 36.70b.020(4) and are therefore generally subject to the timelines and requirements of Regulation Reform legislation. Site specific rezones are not included in the Annual Docket process for that reason. Suggested amendments are initiated by County Council, Planning Commission or the Department of Planning and Development Services. Typically, suggested amendments are submitted by private individuals, groups or other County departments to the Department of Planning and Development Services where they are evaluated for potential docketing. There are no fee requirements for suggested amendments Proponent driven text amendment requests are typically required in order to allow a certain use or development technique that is currently prohibited. In most chapters of Title 20 prohibited uses include all other uses not identified by the permitted uses, accessory uses, administrative approval uses or conditional uses sections. The listings of uses for each zoning district are not an exhaustive listing of all possible uses acceptable within the specific zone but rather a listing of the use types that have, to date, been identified as appropriate for each zoning district. It is expected that additional use types or clarifying language will be suggested on a regular basis. Currently the processing of all zoning requests, with the exception of County Council initiated emergencies and site specific rezones, are conducted as part of an Annual Docketing process. The Planning Commission currently has to hold public hearings and make recommendations on all docketed amendments before sending their recommendations to County Council. Individuals who have submitted paid applications for requested amendments are required to wait for an extended period to receive a decision regarding their request. The 1998 annual zoning docket, took approximately 18 months from time of initial application to final adoption by County Council. If an applicant had failed to make the deadline (June 30) for the previous application period, they could be waiting for nearly three years for a decision. The potential for such an extended time delay for a decision on a text amendment suggests the need to re -evaluate including citizen initiated text amendments in the annual review docket. II. ANALYSIS OF THE PROPOSED AMENDMENT The factors that are to be considered in evaluating a proposed amendment are set forth in WCC 20.90.060, and RCW 36.70. These factors are addressed below. A. Whether the initiated rezone or text amendment conforms to the requirements of the GMA is internally consistent with the Comprehensive Plan and is consistent with County -Wide Planning Policies and any interlocal planning agreements executed pursuant to the GMA. Growth Management Act (GMA) Planning Policies The Growth Management Act (RCW 36.70A.130) requires that the Comprehensive Plan may be amended no more frequently than once every year and that all amendments be shall be considered concurrently so the cumulative effect of the various proposals can be ascertained. All development regulations are required to be consistent with the Comprehensive Plan (RCW 36.70A.040). Whatcom County complies with the purpose and intent of both provisions. The Comprehensive Plan amendments are reviewed concurrently and on an annual basis pursuant to WCC 20.10 (Comprehensive Plan Amendments). All proposed amendments to Title 20 are reviewed for compliance with the Comprehensive Plan. All citizen initiated text amendments are required to demonstrate compliance with the Comprehensive Plan. Title 20 amendment criteria requires the Planning Agency to affirm that any initiated amendment recommendations for approval comply with the Comprehensive Plan. The Growth Management Act requires each county and city planning under RCW 36.70A.040 to "include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at least an annual basis, consistent with the provisions of RCW 36.70A.130." Whatcom County, in adopting a revision of WCC 20.90 (Ordinance #98 -010) in February 1998, established the Annual Docket pursuant to RCW 36.70A.040, but rather than include only suggested amendments, all Title 20 amendments were included in the Annual Docket process. There are no other requirements within the Growth Management Act, which would compel Whatcom County to include all amendment proposal in an Annual Docket process. Comprehensive Plan A major theme of the Comprehensive Plan is the idea that regulations should be as streamlined as possible to facilitate greater predictability and expeditious decision making see Goal 2D, Policies 2D -1 through2D -6; Goal 3A, Policy 3A -1, through 3A -3; Goal 5D, Policy 5D -1 through5D -4; Goal 7D, Policy 7D -1 through 7D -9; Policy 8A- 6,86 -2, Goal 11 -B, Policy 11B -1 through 11 B -8). The proposal seeks to comply with that theme. First, by maintaining a predictable and regular process for addressing suggested amendments and citizen initiated map amendments. These will continue to be processed on the current Annual Docket process. Second, by establishing anew docketing procedure (referred to as the Regular Docket) for all other amendments not included in the Annual Docket as noted above. Third, by eliminating the requirement to "batch" amendments as formerly required by the Annual Docketing procedures. The Annual Docket is a useful tool for the Planning Agency. It allows the Department of Planning and Development Services to evaluate its annual workload and make better use of its available resources. It also provides citizens, other agencies, the County Council and the Planning Commission with a mechanism to list potential projects and to prioritize those projects. In addition, the Annual Docket process complies with the GMA requirement to accommodate citizen initiated amendments. For these reasons this proposal seeks to retain the Annual Docket but eliminates the requirement for "batching" proposed Planning Commission recommendations. Clarification in the form of a new term "Standard Map Amendment" has been included in the Types of rezones section. This term replaces the "Area -wide rezone" term currently contained in the Types of rezones section of the WCC 20.90. The change was made to clarify that all citizen initiated (paid application) map amendments would be processed as a "Standard Map Amendment ". The former term (area -wide rezone) appeared to provide for only larger area map amendments (generally legislative in nature). It is the intention that "Standard Map Amendments" include all non -site specific rezone map amendments. Because standard map amendment proposals are generally not proposed to allow a specific project, (rezone requests made to allow a specific project may be processed as a site specific rezone) they are less time sensitive than citizen initiated site specific rezones or citizen initiated text amendments. Standard map amendments continue therefore to be included in the Annual Docket process. The attached amendments propose the establishment of a Regular Docket as well as maintaining the Annual Docket. As noted in the Background discussion, timelines for processing initiated amendments have become excessive. Citizens initiated text amendments are often submitted to allow specific uses or to address restrictions on specific uses, which are currently limiting a proponent from a specific use. In keeping with the Comprehensive Plan's theme of responsive regulations, the amendment accommodates proponents by eliminating the extra step of " batching" proposals prior to submitting them to County Council for a final decision. B. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. No significant change is anticipated in the current rate or distribution of population growth, employment growth, development, or conversion of land. However, more predictable timelines for a final decision will encourage more activity which could lead to increases in all of the above. C. The anticipated effect upon the ability of County and /or other service providers, as applicable, to provide adequate public facilities including transportation facilities. No discernible effects are anticipated. D. Anticipated effect upon critical areas and resource lands. There are no anticipated discernible effects on resource lands as a result of this proposal. E. Other anticipated effects on the Comprehensive Plan, its policies and objectives that in the opinion of the Planning Department warrant consideration by the Planning Commission. Staff has not identified any other factors that warrant consideration by the Planning Commission. III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1. The proposal is exempt from SEPA, pursuant to WAC 197 -11- 800(20) - procedural actions. 2. Legal notice was published in the Bellingham Herald on Thursday, December 30, 1999 which advertised a public hearing for January 14, 1999. 3. The Growth Management Act does not require that all zoning amendments be reviewed concurrently. 4. The Comprehensive Plan does not require that zoning amendments be reviewed according to any predefined schedule. 5. The Growth Management Act does require local jurisdictions to establish a docketing procedure by which suggested amendments are reviewed at least annually (RCW 36.7A.040). 6. Current regulations require all applications, other than County Council Initiated Emergencies, be "batched ", meaning that applications which have received a Planning Commission recommendation must wait until all other applications for the year have been reviewed and receive a recommendation from the Planning Commission. Only then ran amendments move forward to County Council for final decision. This requirement allows for months of delay prior to final County Council decision. 7. The proposed language eliminates the requirement for applications to be "batched" (20.90.051(6)(a) and provides for a more expeditious method of amendment processing . IV. CONCLUSIONS 1. The proposed text complies with the Growth Management Act and Whatcom County's Comprehensive Plan. 2. The proposal will aid in minimizing the time applicants are required to wait for a final decision. V. RECOMMENDATION The Whatcom County Planning and Development Services Department recommends the adoption of this proposed amendment. EXHIBIT #3 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 rules. 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 - PC Decision (ASAP) 120 days from (follow RCW (36.70.610)* complete appl. 36.70.610)* B. Exempt - no minimum time required Council - Approve - Approve - Approve - Approve Subject to one Options -Deny -Deny -Deny -Deny open record - Remand ** - Remand** - Remand* - Remand* hearing;one -Hold P.H. -Hold P.H. -Hold P.H. -Hold P.H. closed record 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 rules.