HomeMy WebLinkAboutord2000-038WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2000 -253
CLEARANCES
Intl
Date
=Afemdalhate
Assigned to:
'ginator: Sylvia Goodwin
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JUN 2 0 2000
WHATCOM COUNTk
COUNCIL
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/27/00
Introduction
.vision Head: Sylvia Goodwin
745/00
—51S100
P & D / Council
Dept Head: J.E. Ryon, Interim
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Prosecutor. KarenFmkeL
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Executl Pete Bremen
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SUBJECT.- Ordinance adopting hange to the Officia(Whalcom County Zoning Ordinance, 20.04.030, the Interpretation and
Conflict language. (File #ZON99- 00009).
ATTACHMENTS:
(I) Proposed Ordinance
(2) Agency Report with attached Staff Report
(3) Planning Commission Minutes
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( z ) NO
Requested Date:
The Council must hold a hearing ifthey want m change site Planning
Commission's recommendation OVCC 20.10. 110 and WCC 20.90.090).
SUMMARYSTATEMENT: The request is to amend the text of this general
provision so that the application of the County zoning regulations in relation to
-al community covenants is dear and understandable to the public.
Staff recommends the adoption of the proposed ordinance implementing the
Planning Commission recommendation.
Distribution Request
indicate those who should receive a copy Per Council action.
List specific names to the right.
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
£xecuaw
Health
Hearing Examiner
Michael Bobbink
Jail
COUNCIL ACTION TAKEN:
2000 -253 61292000: Introduced
&812000: Held
91122000: Adopted 7 -0. Ord. #2000-038
Re
Related File Numbers: ZON99 -00009
Javenite
Pala
Planning
J.E. "Sam "R an
Prosecutor
Public Works
sheriff
Superior Court
Treasurer
Other
Ordinance or R t *Number
(this item):
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 6/27/00
ORDINANCE NO. 2000 -038
AMENDING THE OFFICIAL WHATCOM COUNTY CODE, TITLE 20, TO CLARIFY CHAPTER
20.04.030 INTERPRETATION AND CONFLICT.
WHEREAS, the current language as included in WCC 20.04.030 is lacking specificity
relating to whether county zoning regulations supercede local community covenants and vice
versa, and
WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non-
significance on November 3, 1999; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on November 4, 1999, and
WHEREAS, The Planning Commission held a public hearing on the proposed amendment
on November 18, 1999 and considered all testimony; and
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact, Reasons for Action and Recommendations for the amendment, and
WHEREAS, the Council found the amendments in the best interest of the public health,
safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
1. Legal
notice for a public hearing was
published in the Bellingham
Herald on November 4,
1999.
2. A determination of non - significance was issued under the State Environmental Policy Act
(SEPA) on November 3, 1999.
3. A Public hearing was held on the proposed amendment on November 18, 1999.
4. The proposed amendment is consistent with the GMA, Whatcom County Comprehensive
Plan, County-wide Planning Policies and interlocal planning agreements.
5. The proposed amendment is in the best interest of the public health, safety, and welfare.
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CONCLUSIONS
That the proposed text amendments are consistent with the goals and policies of the
Comprehensive Plan and the overall intent of the Growth Management Act.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatoom County Zoning Ordinance, Title 20, is hereby amended as shown
in Exhibit 1.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this 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 12 day of September , 2000.
ATTEST:
Dana Brown- Davis,
Clerk of the Council
APPROVED as to form
' N I & *3.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
fill
06 App5112d () Denied
i
Pete Kremen, Executive
ins
Date: t0
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Exhibit One
ZON99 -00009 Interpretation /Conflict Revision
1) WCC 20.04.030 - Interpretation and Conflict is amended to read as follows:
WCC 20.04.030 - Interpretation and Conflict.
In interpreting and applying the provisions of this title, they shall be held to be the
minimum requirements for the promotion of public health, safety, convenience,
order, morals and general welfare. It is not intended by this title to interfere with,
abrogate or annul any easements, covenants or other agreements between parties;
provided however, that where this title imposes a greater restriction on the use of
buildings or land or requires larger space than is imposed or required by other
ordinance, rules or private agreements, the provisions of this title shall govern. In
the event that uncertainty is deemed to exist on the official Whatcom County zoning
map, district boundaries shall be on section lines; lot lines; the center lines of
highways, streets, alleys, railroad right -of -way or such lines extended; municipal
corporation lines; natural boundary lines, such as streams and topography; the
ordinary high water mark (OHWM) of lakes, streams and tidal waters subject to
Shoreline Management Program jurisdiction; or other lines to be determined by the
use of scales shown on said map. Where a zoning district line purposely divides a
land parcel, such parcel shall be subject to the procedures and requirements of the
respective districts as applied. In the event that districts are overlain by Shoreline
Management Program designation(s), the most restrictive regulations of either the
Shoreline Management Program or the Official Whatcom County Zoning Ordinance
shall apply.
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