HomeMy WebLinkAboutord2000-063WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -300
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CLEARANCES
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Date
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Agenda Date
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AUG 0 1 2000
WHATCoM COUN
COUNCIL
8 -2000
Introduction
Division Head: Sylvia Goodwin
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Imerim Dept. Head: JE 'Sun "Ryan
Prosecutor: Karen Frakes
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PurchmiagBudget'
liremine: Pete Bremen
SUBJECT: Ordinance adopting chang s to the Official Wh¢tcom County Zoning Code, Title 2Q to modify the procedures for
Processing Comprehensive Plan amendments.
ATTACHMENTS:
(1) Proposed Ordinance
Note., Planning Commission Findings, Planning Commission Minutes, and the staff report are on fde at the Council office. li
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 ifthey want to change the Planning
Commission's rerommendanon WCC 20.90.051.
SUMMARY STATEMENT. In February, 1998, the County Council passed
Ordinance #98 -Olt formalizing the process for reviewing Comprehensive Plan
amendments and codified it as Chapter 20.70 of the Official Whalcom County
Ding Ordinance. This proposal would provide changes that will refine and
..prove the extsting procedure.
Distribution Request
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COUNCIL ACTION TAKEN..
2000- 300 818/2000: Introduced
11/28/2000: Amended and adopted 7 -0, Ord, #2000-063
Relat
Related File Numbers: ZON99 -00004
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SPONSORED BY: Consent
PROPOSED BY: Planning and Development Services
INTRODUCTION DATE: 8/8/2 00
ORDINANCE NO. 2000 -063
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, CHAPTER 20.10 and
20.97, TO MODIFY THE PROCEDURES FOR PROCESSING COMPRE13ENSIVE PLAN
AMENDMENTS.
WHEREAS, In February, 1998 the Whatcom County Council passed Ordinance #98 -011
formalizing the process for reviewing Comprehensive Plan amendments and codifying it as Chapter
20.10, and
WHEREAS, Changes have been identified to refine and improve the procedure for
reviewing Comprehensive Plan amendments, and
WHEREAS, The proposed amendments to WCC 20.10 were included in the annual zoning
docket for 1999, and
WHEREAS, The Deputy SEPA Official for Whatoom County issued a Determination of Non -
significance on December 28, 1999, and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald February 10, 2000, and
WHEREAS, The Planning Commission held a public hearing on the proposed amendments
on February 24, 2000, and considered all testimony, and
WHEREAS, The proposed amendments to the WCC 20.10, have been requested by
Whatcom County Planning and Development Services, and
WHEREAS, The Planning Commission has evaluated the merits of the amendment in
relationship to the goals, policies and objectives of the Comprehensive Plan, and
WHEREAS, The County Council finds these text amendments in the best interest of the
public health, safety and welfare, based on the following findings and conclusions:
FINDINGS
1. Notice of the Planning Commission hearing on the subject amendment was published in
the Bellingham Herald on February 10, 2000.
2. The Planning Commission held a public hearing on February 24, 2000.
3. The Deputy SEPA Official for Whatcom County issued a Determination of Non - Significance
on December 28, 1999.
4. Whatcom County Comprehensive Plan Goal 2D is to "Refine the regulatory system to
ensure accomplishment of desired land use goals in a fair and equitable manner' (p. 2 -9).
The subject amendment would be consistent with this goal because it would ensure that
Comprehensive Plan amendments are treated fairly by establishing approval criteria that
would uniformly be applied to all proposals.
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5. The subject amendment would provide the County Council with specific factors to be
considered when they are deciding whether or not to initiate a proposed Comprehensive
Plan amendment, thereby avoiding arbitrary decisions.
6. The subject amendment would define and prohibit "illegal spot zoning," to avoid violating
legal principles set forth in Washington State case law.
7. The subject amendment would further the public interest by eliminating redundant language
and ensuring consistency between State and County law relating to submittal of
Comprehensive Plan amendments to State agencies.
CONCLUSIONS
1. The amendment conforms to the Whatcom County Comprehensive Plan.
2. The amendments would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance, Chapters 20.10 and 20.97, are
hereby amended as shown in Exhibit 1.
Section 2. Adjudication of invalidity of any of the sections, causes, 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 28 day of November , 2000.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
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APPR VED as to form
ivil Deputy Prosecutor
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a ne Dawson, Council Chair
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to Kremen, Executive
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Exhibit 1
Chapter 20.10 COMPREHENSIVE PLAN AMENDMENTS
Sections:
20.10.010 Statutory authority.
20.10.020 Purpose.
20.10.030 Types of Comprehensive Plan amendments defined.
X0-10 -040 Gouneil adoption _o.,-- amendments.
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20.10.040030 Docketing of suggested Comprehensive Plan amendments.
20.10.030060 Applications for suggested Comprehensive Plan amendments.
20.10.960070 Initiation of Comprehensive Plan amendments excluding emergency amendments.
20.10.970080 Initiation of emergency Comprehensive Plan amendments.
20.10.080 Approval criteria for Comprehensive Plan amendments
20.10.090 Review and evaluation of Comprehensive Plan amendments - Staff report.
20.10.100 Review and evaluation of Comprehensive Plan amendments - Planning commission.
20.10.110 Review and evaluation of Comprehensive Plan amendments - County council.
20.10.120 Review schedule.
20.10.130 Transmittal of Comprehensive Plan amendments to the state.
20.10.140 Fees.
20.10.010 Statutory authority.
The Growth Management Act (GNU) requires that an adopted Comprehensive Plan shall be subject to
continuing review and evaluation and that any amendments or revisions to the Comprehensive Plan
conform to the requirements of Chapter 36.70A RCW, and that any changes to development regulations
or official controls are consistent with and implement the Comprehensive Plan (RCW 36.70A. 130(2)).
Additionally, GMA requires that the county establish procedures whereby proposed amendments or
revisions of the Comprehensive Plan are considered by the county council no more frequently than once
every year except that amendments may be considered more frequently under the following
circumstances:
(1) iThe initial adoption of a subarea plan;
(2) sAdoption or amendment of a shoreline master program; and
(3) tThe amendment of the capital facilities element of a Comprehensive Plan that occurs concurrently
with the adoption or amendment of a county or city budget ;
Board or court.
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20.10.020 Purpose.
The purpose of this chapter is to define the types of plan amendments and establish time lines and
procedures to be followed when proposals are made for amending or revising the county
Comprehensive Plan.
20.10.030 Types of Comprehensive Plan amendments defined.
0) "Area wide land use affl.pflduipmts" Means a PFaposed eh7flge BF Fevision
I.1_) (3) "Capital facilities element amendment' means a proposed change or revision to the
capital facilities element of the Comprehensive Plan .
(3) "Comprehensive Plan amendment' means a modification to the Whatcom Courtty
Comprehensive Plan- including but not limited to aft afea wide -- site -
..._,--- :.:,,^.:__ __- _,,_ -_. a capital facilities element amendment, emergency amendment,
text amendments change to the Comprehensive Plan Designations mao or urban growth
area amendment to the Gomprphensiw Plan.
M (4) "Emergency amendment' means a proposed change or revision to the Comprehensive
Plan that arises from a situation that necessitates expeditious action to preserve the health,
safety or welfare of the public, or to support the social, economic or environmental well
being of the county or region. Emergency amendments may be reviewed and acted upon
outside the annual amendment review cycle. Emergency amendments may be adopted by
emergency ordinance pursuant to Section 2.40 of the Whatcom County Charter when
immediate rather than expeditious action is required.
(44)(6) "Text amendments" means a proposed change or revision in the text of any element of
the Comprehensive Plan including revisions to the goals, policies, objectives, principles or
standards of the plan.
W O "Urban growth area amendments" means a change or revision to an urban growth area
boundary as adopted by the Comprehensive Plan including both county urban growth areas
and those associated with cities.
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20.10.040050 Docketing of suggested Comprehensive Plan amendments.
(1) The department of planning and development services shall keep a docket of suggested plan
amendments submitted by interested persons, citizens, hearing examiner, county staff, staff of
other agencies, and county board or commission members. The docket shall include the
following:
(a) Docket number;
(b) Name and address of the person or agency proposing the plan amendment;
(b) Type of amendment being proposed and description of the amendment;
(d) Date of proposed amendment;
(e) Section, township and range of affected area, if applicable.
(2) A completed application form described in WCC 20.10.0450 shall be on file for all docketed
amendment proposals.
(3) The docket and application files shall be available to the public for review during normal
business hours.
(4) The county council shall consider the proposed amendments on the docket on an annual basis
during the pre - initiation phase of the amendment cycle (January 1st to Much 1st) for potential
initiation.
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20.10.040050 Docketing of suggested Comprehensive Plan amendments.
(1) The department of planning and development services shall keep a docket of suggested plan
amendments submitted by interested persons, citizens, hearing examiner, county staff, staff of
other agencies, and county board or commission members. The docket shall include the
following:
(a) Docket number;
(b) Name and address of the person or agency proposing the plan amendment;
(b) Type of amendment being proposed and description of the amendment;
(d) Date of proposed amendment;
(e) Section, township and range of affected area, if applicable.
(2) A completed application form described in WCC 20.10.0450 shall be on file for all docketed
amendment proposals.
(3) The docket and application files shall be available to the public for review during normal
business hours.
(4) The county council shall consider the proposed amendments on the docket on an annual basis
during the pre - initiation phase of the amendment cycle (January 1st to Much 1st) for potential
initiation.
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20.10.050060 Applications for suggested Comprehensive Plan amendments.
(1) Applications for suggested Comprehensive Plan amendments shall include at least the
following infomation:
(a) A description of the Comprehensive Plan amendment being proposed including
proposed map or text changes;
(b) An explanation of how the Comprehensive Plan amendment conforms to the
(2) The department of planning and development services may prescribe additional information
requirements and provide forms for proposed Comprehensive Plan amendments.
20.10.060048 Initiation of Comprehensive Plan amendments excluding emergency
amendments.
(1) Comprehensive Plan amendments, excluding emergency amendments, shall be
initiated by a resolution of the county council adopted by majority vote.
(2) The following amendment proposals shall be deemed initiated and included in the
resolution that initiates Comprehensive Plan amendments:
(a) Amendment proposals that the council approves for initiation from those
proposed amendments listed in the docket of proposed Comprehensive Plan
amendments;
(b) Comprehensive Plan amendments proposed by council members that the
council approves for initiation;
(c) Docketed amendment proposals timely submitted by the county executive;
(d) Docketed amendment proposals timely submitted by cities.
(3) In determining whether to initiate a Comprehensive Plan amendment the Coun ty
Council will consider the following factors
(a) If the amendment relates to a site within a City's Urban Growth Are
modification of a City's Urban Growth Area boundary, or amending
Comprehensive Plan text relating to a City's Urban Growth Area the
County shall consult with and consider the comments of the Cite,
including comments relatin¢ to the availability of services
(b) If the amendment relates to removing designated agricultural forestry or
mineral resource lands. the Council shall consider any long term trends in
the loss of resource lands and cumulative impacts of approving such an
amendment.
(c) Whether the County has already set a future date for examining the area or
issue.
(43) The resolution setting the list of Comprehensive Plan amendments initiated for the
annual amendment cycle shall be forwarded to the department of planning and
development services. Upon receipt of the resolution, the department shall publish the
resolution in a newspaper of general circulation, make copies available to the public and
begin the process for the review and evaluation of the proposed amendments as set out in
WCC 20.10.090.
20.10.070080 Initiation of emergency Comprehensive Plan amendments.
(1) Emergency amendments shall be initiated by resolution approved by a two- thirds
majority 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 environmental well being of the county or region.
(2) Emergency amendments so initiated shall be forwarded to the department of planning
and development services who shall immediately begin processing the initiated
amendment in the manner set forth for the processing of Comprehensive Plan
amendments; provided, that the schedule set forth in WCC 20.10.120 shall not apply.
(3) In conducting their review and evaluation, the department of planning and
development service and the planning commission shall each endeavor to perform their
responsibilities expeditiously while assuring appropriate public participation.
(4) The emergency amendment process may also be used to process an amendment for
the purpose of resolving an appeal of the Comprehensive Plan filed with the Growth
Management Hearings Board or with the court.
(5) Nothing in this section shall be construed to the limit the authority of the council to
adopt an emergency amendment to the Comprehensive Plan by emergency ordinance as
provided in Section 2.40 of the Whatcom County Charter.
20.10.080 Approval criteria for Comprehensive Plan amendments
In order to anprove an initiated Comprehensive Plan amendment the County shall find all of the
following:
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(1) That the amendment conforms to the requirements of GMA is intemall
consistent with the Comprehensive Plan is consistent with County Wide Plannunz
Policies and is consistent with any interlocal planning agreements
(22) That further studies made or accepted by the department of planning and
development services and Planning commission indicate a need for the
amendment or that changed conditions indicate a need for the amendment
(a) The anticipated effect upon the rate or distribution of Population growth
employment growth development and conversion of land as envisioned
in the Comprehensive Plan
(b) The anticipated effect upon the ability of the County and/or other service
Providers. such as schools, water and/or sewer purveyors fire districts and
others as applicable to provide adequate services and public facilities
including transportation facilities
(c) The suitability of the site to provide on -site wells and/or on site sewage
disposal, if applicable
(d) Anticipated impact upon critical areas
(e) Anticipated impact upon desi nated agricultural forest and mineral
resource lands.
(4) The amendment does not include nor facilitate illegal spot zoning
20.10.090 Review and evaluation of Comprehensive Plan amendments - Staff report.
(1) The department of planning and development services shall conduct environmental
review under SEPA and prepare a reports including recommendations on all initiated
Comprehensive Plan amendments and forward both the reports and the result of the
environmental review to the planning commission.
(2) The reports shall evaluate the merits of each initiated amendment based on the approval
criteria of WCC 20.10.080 eao ,.�- -- -- --
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20.10.100 Review and evaluation of Comprehensive Plan amendments - Planning
commission.
(1) The planning commission shall receive the staffs findings and recommendations for the
initiated amendments and shall take
public comment and hold a public hearing(s) on the amendments. A41
_eparate hearings may be
conducted on one or more of the amendments at a time at the discretion of the
commission.
(2) At the conclusion of the public hearings and comment period the commission shall
evaluate the merits of each amendment in relationship to the approval criteria of WCC
20.10.080
Gompeehensive III shall consider all amendments concurrently. and shall make a
recommendation to the county council as to whether the amendments should be
approved, approved with modifications or denied. The planning commission shall then
cause written findings of fact, reasons for action. conclusions and recommendations to be
prepared for each amendment. The written findings of fact. reasons for action,
conclusions and recommendation shall be forwarded to the county council in the form of
an ordinance(s) for its consideration.
20.10.110 Review and evaluation of Comprehensive Plan amendments - County
council
(1) Comprehensive Plan amendments except for amendments adopted by emer encv
ordinance pursuant to the Section 2.40 of the Whatcom County Charter shall be adopted
by ordinance after a recommendation by the planning commission has been submitted to
the council for its consideration All initiated amendments to the Comprehensive Plan
with the exception of amendments set forth in WCC 20 10 010 shall be considered by the
council concurrently and no more frequently than once a year so the cumulative effect of
the various proposals can be ascertained
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amendments. The council d II TT id..- the - -
eano�eatlynad may schedule such additional public hearings as the council deems
necessary to serve the public interest.
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(2) If, after deliberating, the council believes the public interest may be better served by
departing from the recommendation of the planning commission on an initiated
amendment, the council shall conduct a public hearing on that amendment.
(3) The council shall base its decision to anprove approve with modifications or deny
Comprehensive Plan amendments upon the approval criteria of WCC 20.10.080.
20.10.120 Review schedule.
The following schedule for the annual review of Comprehensive Plan amendments is hereby
established:
(1) Submittal deadline for amendment proposals: December 31st.
(2) Council resolution initiating amendments: On or about March 1st.
(3) Staff reports and recommendations to planning commission: May through August On
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(4) Planning commission hearings aefien on initiated amendments: May through August
OR v. about �Tl- .
(5) Planning commission findings and recommendations submitted to county council: On
or about September 1 st.
(6) County council final action on initiated amendments: On or about November 30th.
20.10.130 Transmittal of Comprehensive Plan amendments to the state.
Pursuant to RC W 36.70A.106(3) and WAC 365 -195 -620 the department of planning and
development services shall notify and transmit copies of initiated Comprehensive Plan
amendments to the Washington State Department of Community, Trade and Economic
Development (CTED) and other state agencies identified on a list distributed by CTED at
least 60 days prior to final adoption. The department of planning and develonmen[
County Executive
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20.10.140 Fees
Fees shall not be required for any application submitted by Whatcom County or a city.
All other applicants shall pay fees as specified in the Unified Fee Schedule within 15
financial gain.
20.97.186 Illegal Soot Zoning.
benefit a particular individual or rrooW and not the welfare of the community as a whole
Note: Existing WCC 20.97.186 will be renumbered to WCC 20.97.187. Existing WCC 10.97.187
will be renumbered to WCC 20.97.188.
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