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HomeMy WebLinkAboutord2000-048WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -344 CLEARANCES Initial Date Date Received w Council 0 Agenda Date Assinedm: ?ginamr. Xro/g Amon q i. — /a 2 F - I=. I\� C - SEP I y 2000 WHATCOf,; COUNTY COUNCIL 9/2(12000 Introduction vamp Head: Sylvia Goodwin /y /5/2000 10/24/00 P &D Worksession Council Dept. al: J.E. J.E. Ryan, macron He". q�13I Prosecutor: Karen Frekes ! i a 1' -1 A - o O '1 P +� Cou clL. Parchming4ludgen Erecull Pete Kerman -nb SUBJECT: Ordinance adopting changes to the Whalcom County Comprehensive Plan, Chapter Two - Land Use to establish goals and policies to guide planning, development and utility extensions in unincorporated non- industrial UGAS and define criteria for designating Short Term Planning areas within unincorporated non - industrial UGAs. ATTACHMENTS. (1) Proposed Ordinance (2) Staff Report (3) 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: 17he Council must hold a hearing if they want to change the Planning Commission's recommendation (WCC2a]0.110. SUMMARY STATEMENT: The request is to amend the Whatcom County mprehensive Plan to add specific policy direction for evaluating proposed _..anges from long-term to short-term planning area designations within independent, non - industrial Urban Growth Areas (Birch Bay and Columbia Valley). 2000 -344 926/2000: Introduced 10/24/2000: Held in committee to November 14th 11/14/2000: Amended and adapted 7A, Ord. #2000 -048 Distribution Indicate those who shuuldreceive List speciftc names to the fight Request a caps after Councd=non. ADS Facdities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court E cudw Health Hearing Examiner Michael Bobbink Jag Juvenile Parks P/amang J.E. "Sam "R an Prmecutor Public Works Sheri Superior Court Related County Contract #: Treasurer Other 4abed File Numbers: File #CMP2000 -00004 Ordinance or R¢soI D' Number (this item): .TNf -• rV�,.ly/[ SEE AB2000 -349 FOR PLANNING COMMISSION BACKGROUND DOCUMENTATION SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 9/26/2000 ORDINANCE NO. 2000 -048 AMENDING THE UNINCORPORATED URBAN GROWTH AREA AND SHORT TERM PLANNING AREA POLICIES OF THE WHATCOM COUNTY COMPREHENSIVE PLAN. WHEREAS, Pursuant to WCC 20.10, proposed Comprehensive Plan amendments shall be docketed for consideration once per year; and WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non - significance on April 3, 2000; and WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on May 11, 2000; and WHEREAS, The Planning Commission held a public hearing on the proposed amendment on May 25, 2000 and considered all testimony. WHEREAS, the County Council has considered the Planning Commission's Findings of Fad, 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, based on the following findings and conclusions: FINDINGS OF FACT 1. Notice of the hearing for the subject amendment was published in the Bellingham Herald on May 11, 2000. 2. A public hearing was held on the subject amendment on May 25, 2000. 3. A Determination of Non - significance was issued under the State Environmental Policy Act (SEPA) on April 3, 2000. 4. The Growth Management Act provides direction for phasing of development within Urban Growth Areas (RCW 36.70A.110(3). 5. The Growth Management Act provides for Urban Growth Areas that are not associated with incorporated areas if the area is characterized by urban growth (RCW 36.70A.110(1). 6. The Whatcom County Comprehensive Plan provides a distinction within Urban Growth Areas for Short Term Planning Areas (STPA) and Long Term Planning Areas (LTPAs) (Goal 2R and subordinate policies) and provides criteria which must be met prior to a change in designation from STPA to LTPA status. 7. The Whatcom County Comprehensive Plan provides no specific criteria for the change from LTPA to STPA status for Unincorporated Residential /Recreational Urban Growth Areas (non -city UGAs). 8. The Whatoom County Comprehensive Plan requires interiocal agreements with all cities as one of the criteria for a change in designation from LTPA to STPA status: no similar language exists to address Unincorporated Residential /Recreational Urban Growth Areas. 9. Unincorporated Residential /Recreational Urban Growth Areas currently have no clear policy Page 1 of 7 I:\Planning \Rezones \Comp Plan 200MCMP2000-0 004.01RD. one of the criteria for a change in designation from LTPA to STPA status: no similar language exists to address Unincorporated Residential /Recreational Urban Growth Areas. 9. Unincorporated Residential /Recreational Urban Growth Areas currently have no clear policy which suggests how the County will coordinate the continual transition to a more intense urban development pattern. CONCLUSIONS Current Comprehensive Plan language does not provide specific criteria regarding the change in status from Long Term Planning Area to Short Term Planning Area status within Unincorporated Residential /Recreational Urban Growth Areas. Nor does the Comprehensive Plan provide direction for establishing residential development density goals or a mechanism for providing community representation regarding the long term development within Unincorporated Residential /Recreational Urban Growth Areas. 2. The subject amendment is consistent with the Whatcom County Comprehensive Plan's goals and policies that seek to provide for orderly transition from rural land uses to urban land uses within established Urban Growth Areas, creates a more consistent treatment of city and Unincorporated Residential /Recreational Urban Growth Areas and addresses the need to establish a heightened form of citizen representation to interface with County government. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan — Chapter Two Land Use be amended as shown in Exhibit One attached. 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 14 day of November , 2000. Dana Brown- Davis, Clerk of the Council APP VED as to form /L Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUN Y, WASHINGTON , M lene Dawson, CouncilM Dawson, Council Chair proved () Denied k4,.V� Pete Kremen, Executive Date: 11.1 •QO Page 2 of l (:\Planning \Rezones \Comp Plan 2000 \CMP2000 - 00004 -0RD. Exhibit One Goal 2M: Establish Urban Growth Boundaries outside present city limits, within which the County will maintain has jurisdictions ° ga....e - the - aerie-' between the adoption of this plan and „ until annexation or incorporation of the property. During this interim period the following policies shall be in place to assure that the purposes of this plan and growth management are in -fast accomplished. Policy 2M -1: Establish urban growth areas for cities, first, by including contiguous areas which have urban characteristics; second, by including areas which presently have urban zoning; and, finally, by including other areas as necessary to accommodate growth. Policy 2M -2: Reevaluate UGA boundaries when changes in city land uses are proposed. Policy 2M -3: Consider cities and Short Term Planning Areas as receiving areas for development rights transferred from sending areas. Policy 2M-4: Ensure that cities or other service Providers do not extend sewer or urban levels of water service to serve new areas of urban densities outside urban growth areas unless emergency or health hazards exist. Policy 2M -5: Increase densities within existing city boundaries before expanding into county resource lands and protect resource lands by controlling or buffering adjacent uses. Policy 2M -6: Encourage provision of serviced industrial sites by cities. Policy 2M -7: Prevent annexation from occurring within a City UGA until the County has an intedocal agreement with the annexing jurisdiction on issues such as timing, logical service areas, and economic balance between commercial, industrial, residential and other lands within the UGA. Policy 2M -8: The County will require a power of attorney to annex to the applicable jurisdiction (and /or support incorporation in the case of Birch Bay) as a condition of any development approval within the county controlled UGA; including any action pursuant to Chapter 58.17 RCW, the approval of any binding site plan or other development permit, including any permit issued under the Uniform Building Code which increases the square footage of property within the UGA. The County shall use the powers granted to assist in achieving the balance sought under Policy 2M -7 above. Goal 2N: Encourage larger cities such as Bellingham and Ferndale to establish new residential developments at densities averaging six to eight units per acre; encourage Lyndon to establish new residential developments at densities averaging five to seven units per acre; and encourage Page 3 of 7 I: \Planning\Rezones \Comp Plan 2000\CMP2000 -00004 -0RD. remaining smaller cities and Unincorporated Residential /Recreational Urban Growth Areas not associated with a City to establish new residential development at average densities of four units per acre, Policy 2N1 -4 Provide planning assistance to Unincorporated Residential /Recreational Urban Growth Areas for the purpose of developing and implementing Comprehensive Community Plans to further define future uses and facilitate orderly urban development. Policy 2N1 -5 Encourage the establishment of an advisory committee for each Unincorporated Residential /Recreational Urban Growth Area to Provide a mechanism to interface with the County regarding their respective community development issues. Policy 2N1 -6 Encourage and assist while respecting unique characteristics associated with each city. Policy 2N -1: Ensure that cities have adopted mechanisms which will encourage densities Growth Areas with incorporation at desired levels. Policy 2N -2: Consider natural limitation on the development capacity of land, such as critical aquifer recharge areas or floodplains, and other characteristics unique to each city, such as seasonal population or adjacent county urban zoning, in designating urban growth areas and densities. Policy 2N -3: Encourage in-filling to occur in existing areas with urban characteristics in a manner which is more harmonious with existing neighborhood character. Policy 2N-4: Encourage housing to develop with the greatest possible mix of household incomes by utilizing such techniques as lot clustering, varied lot sizes, small scale multi - family dwellings, and reductions in infrastructure requirements for subdivisions. GOAL 2N1 Ensure that development in Unincorporated Residential /Recreational Urban Growth Areas not associated with a City is of an urban level and proceeds in a logical and efficient manner. Policy 2N1 -1 Establish urban standards for development within Unincorporated Residential/ Recreational Urban Growth Areas. Policy 21\11 -2 Ensure that service providers do not extend sewer or urban levels of water service to serve new areas of urban densities outside urban growth areas unless emergency or health hazards exist. Policy 2N1 -4 Provide planning assistance to Unincorporated Residential /Recreational Urban Growth Areas for the purpose of developing and implementing Comprehensive Community Plans to further define future uses and facilitate orderly urban development. Policy 2N1 -5 Encourage the establishment of an advisory committee for each Unincorporated Residential /Recreational Urban Growth Area to Provide a mechanism to interface with the County regarding their respective community development issues. Policy 2N1 -6 Encourage and assist Unincorporated Residential /Recreational Urban Growth Areas with incorporation reguirements when appropriate. Page 4 of 11 Planningyiezones \Comp Plan 2000\CMP20NPDD004 -ORD. GOAL 2P: Establish an interlocal agreement with each city which sets out general guidelines to address revenue sharing, the provision of services, management of growth, annexation, delivery of services, protection of critical areas, and designation of open space within urban growth areas. Policy 213-1: Include in interlocal agreements, a clear, predictable, and fair formula for revenue sharing agreements which compensates jurisdictions that suffer revenue loss without attendant reduction in service demands as a result of annexation. Policy 2P -2: Establish procedures for development project review within urban growth areas which protect the interests of both the city and the county. Generally, city development standards and adopted levels of service should be applied within urban growth areas. Policy 213-3: Responsibility for construction of capital facilities, including transportation facilities to accommodate urban levels of growth, generally, should be assigned to cities. In some cases, timing may require installation of these improvements prior to annexation. In these cases, interlocal agreements should address allocations of costs and revenues between cities and the county. Policy 2P-4: Limit development within urban growth areas with no municipal sewer and water service to one unit per five acres. Policy 2P -5: Ensure that cities have done an adequate job of planning for development within urban growth areas and have coordinated this planning with the county including timing of annexations, service extensions and linkage of greenbelts and open space. Policy 213-6: Encourage the use and coordination of the existing geographical information system by cities and the county to provide a consistent and economical data base for making land use decisions. GOAL 20: Ensure adequate land supply Is provided to accommodate twenty years of growth within urban areas. Policy 2Q -1: Review urban growth areas for all jurisdictions every five years. GOAL 2R: Establish Short Term Planning Areas within which annexations and urban levels of development can occur and outside of which annexations and urban levels of development will not occur. This is intended to be a sprawl preventing measure where a need exists to promote phased development from the urban core outward, where final plans for urban services are not yet in place, and where joint planning at the development regulation level is appropriate. This will assure both conformance and consistency for future plans and developments. Page 5 of r l :Planning \Rezones \Comp Plan 2000 \CMP2000-00004-0RD. Policy 2R -1: Policy 2R -1: A Short Term Planning Areas • The County and the city have agreed on a joint plan or are working toward agreement upon a city /county interlocal agreement for land use and development standards; or • The County and the water and /or sewer service provider, if an Unincorporated Residential /Recreational Urban Growth Area have entered into an interlocal acreemeft and • The land to be included within the revised Short Term Planning Area has planned facilities available or facilities capable of being made available in time to serve development within the new Short Term Planning Area at the time development occurs; and • The City and County have agreed on annexation issues identified in Policy 2M6, Goal 2P, Policy 2P -1, Policy 2P -3, and Policy 2P -5 above; and • The Short Term Planning Area adjacent to the vicinity proposed for inclusion is meeting UGA density objectives and there is a demonstrated need for additional land in the local area; and • The City has annexed to the STPA, or the Unincorporated Residential/ Recreational Urban Growth Area has infilled up to the LTPA and extension of the boundary is necessary to accommodate provision of urban services; or 1. The planning area extension is otherwise consistent with the policies of this Comprehensive Plan; and 2. The City, or the primary utility service Provider(s) in the case of Unincorporated ResidentiaVRecreation Urban Growth Areas, has corrected the deficiency which created the need for the Short Term Planning Area; and ❑ In any event, that adequate capacity in public facilities exists or is projected within ten years to serve the new area; and ❑ Short Term Planning Areas would be moved by zoning action consistent with the Comprehensive Plan. Policy 2R -2: Land within a UGA but outside a Short Term Planning Area shall retain its current zoning until a new joint plan is identified and the Short Term Planning Area is moved, but with the following additional limitations on development which shall be included in the County development regulations: ❑ No sewer shall be extended outside a Short Term Planning Area. Water lines shall not be extended to serve urban levels of development outside a Short Term Planning Area. Exceptions may be made in cases where human health is threatened as determined by the Page 6 of l lAPlanning \Rezones \Comp Plan 2000 \CMP2000 -00004ORD. County Health Department (the use of interties for emergency purposes will be allowed to the extent that other needed approvals are given; (2) where vested rights currently exist - the city/district will provide the County detailed maps specifying the location and nature of the vested rights; (3) to help meet regional supply needs, as discussed under the CWSP, so long as the purveyor has sufficient quantities of water to meet needs in its entire UGA as determined by the purveyor and agreed to by the County. ❑ All development in urban growth areas shall be done in a manner which will not preclude development at urban levels of density when the area is annexed into the city. ❑ No residential development shall occur at greater than one unit per five acres. ❑ All residential development on parcels greater than 20 acres shall be clustered on no more than 20 percent of the property. Policy 2R -3: land which exhibits severe environmental constraints for on -site septic systems may be included within a Short Term Planning Area, to allow for the provision of sewer to reduce or eliminate on -site sewage system related environmental impacts, if all of the following conditions exist; ❑ The land area is contiguous to existing city limits. ❑ The underlying zoning is urban and the land is located in an Urban Growth Area. ❑ The land has been designated as an area of special concern pursuant to WCC 24.05.230 due to extenuating environmental constraints and /or failing on -site septic systems have been identified as a significant source of non -point pollution as part of the development of a Closure Response Strategy Report for a Shellfish Protection District. ❑ Continued reliance on on -site sewage systems for existing development density and future low density development, within the subject area, would not provide adequate protection of adjacent critical areas from significant environmental impacts from on -site sewage systems. ❑ Where a Local Improvement District for necessary urban levels of service has been established. a Where interiocal agreements have been established between the County and the water and /or service provider. 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