HomeMy WebLinkAboutord2000-039WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2000 -284
CLEARANCES
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Date
Date Received in Council 011we
Agenda Dome
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JUL 18 2000
WHATCOM COUNTY
COUNCIL
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Introduction
Division Hand: Sylvia Goodwin
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P & D / Council
Interim Dept Head: ✓E ^Sam ^Ryan
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Prosecutor: Karen FetRes
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Parchasing�Radgeh
Executive: Pere Kremen
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SUBJECT: Ordinance adopting ehaages to the Official Whatcom County Zoning Code, Title 20, to give the Hearing Examiner the
authority to hear and decide appeals relating to water service issues raised under the Coordinated Water System Plan (CWSP).
ATTACHMENTS'
(I) Proposed Ordinance.
(2) Planning Commission Findings
(3) Staff Report
4 Planning Commission Minutes
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
Requested Date:
The Council must hold a hearing if they want to change the Planning
Commission's recommendation (WCC 20.90.051 ).
SUMMARY STATEMENT: Modify the Official Whatcom County Zoning
Ordinance, section 20.92.210, for consistency with the appeal process in the
Coordinated Water System Plan (CWSP). This will add to the list of Hearing
:aminer duties by giving the Hearing Examiner the authority to decide appeals
relating to implementation of the CWSP. The need for the change is reflected in
state law, which in 1995 shifted responsibility from the state to local authorities to
resolve certain appeals regarding water issues.
Distribution Request
hAwate those who should receive a copy after Council action.
List specfic names to the right.
ADS Facilities management
ADS Finance
ADSHuman Resources
ADSinfo Services
Assessor
Anchor
Cooperative Extension
Dianlrt Court
Execuero
Health
Regina Delahunt
/tearing Eaammer
Michael Bobbink
Jail
COUNCIL ACTION TAKEN:
2000 -204 7@5r2000: Introduced
W812000: Held
9112/2000: Adopted e-0, Hoag abstained, Ord. #2000 -039
Rela
Related Fite Numbers: Agenda Bill #2000 -172 and ZON99 -00003
Juvenile
Paris
Planning
J.E. "Sam"Ryan
Prosecutor
Public Works
Sheri
Superior Court
Treasurer
Other
Ordinance or Resolu(jpn Number
(this item): •iTt a* 059
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 7/25/2000
ORDINANCE NO. 2000 -039
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, SECTION 20.92.2101
GRANTING THE HEARING EXAMINER THE AUTHORITY TO DECIDE COORDINATED WATER
SYSTEM PLAN APPEALS.
WHEREAS, in 1995 State law shifted responsibility for resolving certain water issue appeals
from the State to the County; and
WHEREAS, in working on the Coordinated Water System Plan, it was discovered that a
modification to the Zoning Ordinance was needed to implement the state law; and
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact, Reasons for Action and Recommendation for the amendment; and
WHEREAS, the Council finds 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. Notice of the Planning Commission hearing on the subject amendment was published in the
Bellingham Herald on January 13, 2000.
2. The Planning Commission held a public hearing on January 27, 2000,
3. The Deputy SEPA Official for Whatcom County issued a Determination of Non - Significance on
December 28, 1999,
4. The "Utilities - Action Plan" section of the Whatcom County Comprehensive Plan encourages
the adoption of the Coordinated Water System Plan and implementation of its recommendations
(p. 5 -19, item 15).
5. The Coordinated Water System Plan recommends amending WCC 20.92.210 to authorize the
Hearing Examiner to hear appeals relating to water service issues under the Coordinated Water
System Plan.
6. The subject amendment would amend WCC 20.92.210 to provide a defined appeal process
when a dispute arises in association with the CWSP.
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CONCLUSIONS
The amendment conforms to the Whatcom County Comprehensive Plan.
2. The amendment would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the Whatoom County Council that:
Section 1. The Official Whatoom County Zoning Ordinance, Title 20, is hereby amended as shown
in Exhibit One.
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:
`�- ry,Dana Brown- Davis,
0 Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY. WASHINGTON
yEt_J r
Dawson, Council Chair
7APPR ED as to form (A) AD Droved () Denied �,,�
�.r �i'v1..�►-
ivtl Depu y rosecutor Kremen, Exe utive
Date:? /7'00
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EXHIBIT ONE
20.92.210 Final decisions.
The hearing examiner shall conduct open record hearings and prepare a record thereof, and
make a final decision upon the following matters:
(1) Appeals from the decision of the administrative official or technical committee as set
forth in WCC 21.28.040 for short plats.
(2) Appeals from any orders, requirements, permit, decision or determination made by an
administrative official in the administration of this ordinance or the subdivision ordinance,
exclusive of long plat design and processing requirements.
(3) Appeals from a decision of the administrator of the Shoreline Management Program.
(4) Applications for zoning ordinance conditional use permits.
(5) Applications for variances from the terms of the zoning ordinance.
(6) Applications for shoreline management substantial development permits not
accompanied by a major project permit when an open record hearing is required.
(7) Applications for variances from the terms of the Whatcom County Shoreline
Management Program.
(8) Applications for Shoreline Management Program conditional use permits.
(9) Applications for Flood damage prevention variances.
(10) Appeals from SEPA determinations of significance, of nonsignificance, and mitigated
determinations of nonsignificance.
(11) Preliminary subdivisions and subdivision variances.
(12) Preliminary binding site plan proposals.
(13) Application for variances from the provisions of WCC Title 22.
(14) Revocation proceedings involving previously approved zoning conditional use permits,
shoreline management substantial project permits and shoreline conditional use permits.
(15) Applications to continue operations of non - conforming adult businesses pursuant to
WCC 20.83.015.
(16)Appeals of decisions relating to water service issues under section 9.2 of the
Coordinated Water System Plan.
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