Loading...
HomeMy WebLinkAboutres1997-011WIL4TCOM CO UNTY CO UNCIL AGENDA BILL NO. AB96 -401A CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: .vinator: Carl Batchelor Division Head: Elizabeth Sjostrom 0S 1 Z7 9 11/26/96 Introduction S 1 2/11/97 Pu Dept. Head: Michael Knapp L—'i 3/11/97 Council Prosecutor: D 6 Purchasing/Budget: Executive: SUBJECT: A Resolution amending the County -wide Planning Policies ATTACHMENTS: Proposed Resolution Staff Report with attachments: Attachment "1" Summary and analysis of changes to County -wide Planning Policies as recommended by Oversight Committee, January 10, 1997. Attachment "2" WHATCOMCOUNTYCOUNTY- WIDE PLANNING POLICIES, January 10, 1997 Draft Revisions to Policies Incorporating December 12, 1996 and January 10 1997 Oversight Committee Review and Discussion (new text highlighted; deleted text struck out). VUMMARYSTATEMENT: Please complete sections of box as appropriate & explain the item belol Related County contract #: n/a Should Clerk schedule a hearing? NO / / YES /x/ Requested date: )unt budgeted for this item/project: $ n/a Is it (or will it be) within budget? YES /_/ NO /_/ (Please explain below) n/a Budget line item number(s): n/a The request is to amend the County -wide Planning Policies (CPPs) that were originally adopted pursuant to provisions of the Growth Management Act (GMA), RCW 36.70A.210. The proposed amendments specifically address compliance with various goals and requirements of the GMA and generally serve to provide clearer statements than the original CPPs adopted in April, 1993. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council accept this recommendation of the Oversight Committee and approve the requested County -wide Planning Policy amendments. COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN. 1996-401A 11/26/96: Introduced 2/11/97: Public Hearing Held. Held in Council until 3/11/97 3111/97: Substitute resolution amended & adopted 6 -1, Brenner opposed. Res. #97 -011 inance or Resolution Number (this item only): SPONSORED BY: consent PROPOSED BY: INTRODUCTION DATE: 11/26/96 1 RESOLUTION NO. 97 -011 2 A RESOLUTION AMENDING THE COUNTY -WIDE PLANNING POLICIES 3 4 5 WHEREAS, the Whatcom County Planning and Development Services 6 Department has requested certain revisions to the County -wide Planning Policies to 7 comply with the Growth Management Act; and 8 9 10 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the 11 Bellingham Herald on November 30, 1996; and 12 13 14 WHEREAS, the Deputy SEPA Official has determined in a November 20, 1996 15 Memo, that the Environmental Checklist and Phased Determination of Nonsignificance 16 issued on January 9, 1992 for the original adoption of the County -wide Planning 17 Policies is still valid; and that the proposed changes are not significant enough to ?. warrant additional SEPA review; and j 20 21 WHEREAS, the Whatcom County Council held a public hearing on the proposed 22 amendments on February 11, 1997 and considered all testimony; and 23 24 25 WHEREAS, the Council found the amendments in the best interest of the public 26 health, safety, and welfare; and 27 28 29 WHEREAS, the Council has adopted the following Findings and Conclusions: 30 31 32 FINDINGS 33 34 1. On April 13, 1993, the Whatcom County Council adopted County -wide Planning 35 Policies to comply with the requirements of GMA. 36 37 2. Since the 1993 adoption, events have occurred to warrant updating the CPPs, 38 including Growth Management Hearings Board Appeals and Decisions; Page 1 retention by the County Council of private legal counsel for guidance in adopting a GMA compliant comprehensive plan; updated population estimates and projections from OFM . 3. The Oversight Committee has met and discussed the CPPs and consented to the revisions presented in this Staff Report. 4. The incorporated cities of Whatcom County are presently reviewing the proposed changes and anticipate a timely recommendation to the County Council. 5. The proposed amendments, in addition to grammatical corrections and clarifications of intent, include four substantive areas of change that would influence comprehensive plans and development regulations: A. New policies to distinguish certain types of rural areas. B. New policies that distinguish certain types of Urban Growth Areas not contiguous with incorporated cites. C. Revisions to policies dealing with population projections and market factors. D. Revisions to economic development policies. E. Clarification of the policy distinguishing priorities among water resource protection and other GMA requirements. CONCLUSIONS The proposed amendments correct grammatical errors, provide clarification of the original policy intent, provide an improved organizational framework, and remove inflexible references to circumstances which frequently change (population estimates and projections, for example). In addition, the proposal brings the CPPs more closely into alignment with the goals and requirements of the Growth Management Act, particularly as recently, interpreted by the Hearings Board. Finally, there is some strengthening of references to the County's vision for economic development and employment. All together, the proposed changes make for a stronger, longer lasting document that is more closely attuned to the County's long term vision and needs and that provides an improved fit with GMA. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: Section 1. The County -wide Planning Policies are hereby amended as summarized in Attachment "'I" and detailed in Attachment "2 ". Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Resolution shall not affect or impair the validity of the Resolution as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this ATTEST: 11 day of March 1995? WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON D � rown- Davis, Clerk of the Council L• Ward Nels n, Council Chair APPROVED as to form a'4 J41� — Civil Deputy Prosecutor cb\ c:\ wpwin60 \wpdocs \arsrord\ordnanc \cpp. res ( ) Approved ( ) Denied Signature not needed Pete Kremen, Executive Date: Page 3 Staff Report File # 16 -91: GMA c: lw,owin60lwpdocslarsrordlstafreptlCPP2 .SR January 27 1997 -- Page 6 ATTACHMENT "'" Summary and analysis of changes to County -wide Planning Policies as recommended by Oversight Committee, January 10, 1997. 1. Page 1, Policy A2: insert "and" This is a grammatical correction. 2. Page 1, Policy A4: change "draft plans. . ." to "final plans. . . " This was suggested by Kathy Sutter and is a good clarification of process. 3. Page 1, Section B: Split into four sections, with original B as "URBAN VERSUS RURAL DISTINCTIONS ", new C ( Page 2) as "URBAN GROWTH AREAS," new D (Page 3) as "CITY URBAN GROWTH AREAS," new E (Page 4) as NON -CITY URBAN GROWTH AREAS, and re- number subsequent sections. Revision 3. provides a more logical format for organizing the policies for purposes of clarity. 4. Page 2, Policy B1: insert "and natural resource based industries" This suggestion from Ms. Sutter broadens the scope of interest in natural resources and their value to the local economy to include the peripheral economic benefits of industries that are based on natural resources such as lumber mills and fish processors. Change #54 below provides a definition for Resource -based industries. 5. Page 2, Policy 131: add language regarding rural areas. The language was suggested by Mr. Mackie to clarify our intent to prevent sprawl in compliance with GMA. 6. Page 2, Add language to policy B2 regarding intensive development. The Committee suggested this change to assure our intent to prevent sprawl in compliance with GMA. 7. Page 2, Add new policy B3 regarding infill of intensively developed rural areas. This new policy is to allow existing developed areas to infill where appropriate. 8. Page 2, Add new policy B4 regarding rural settlements. Revisions #5. through #8 above (Policies B1, B2, B3, and 134) establish a framework for designating certain areas of Whatcom County as rural that may be presently intensively developed but may not be appropriate for urban growth. These changes are responsive to Hearings Board discussions that caution Staff Report File #16- 91:GMA c: I wp win 601 wpdocsIarsrordlstafreptICPP2.SR January 27 1997 -- Page 7 against inappropriate designation of urban growth areas where adequate services are not demonstrated and that support some latitude in designating rural areas consistent with their existing character and circumstances unique to different geographic regions. 9. Page 2, Update reference.to SHB 1025 to RCW 36.70A.350. This corrects an outdated legislative reference. 10. Page 2, Revise previous policy C11 to become C1. Delete first part of the sentence and add language regarding "infill" and "municipal and non - municipal Urban Growth Areas." This is both a clarification of the intent of the original language and a further emphasis on measures to prevent sprawl. 11. Page 2, Revise previous policy B4, now policy C2 to replace "fiscal and physical ability ... " with "capital facility plans." The Committee agreed that the capital facilities plan is where physical and fiscal capability are defined and is therefore a broader and more appropriate reference for provision of services. 12. Pages 2 and 3, Revise previous policy B6 to become new policies C3a, C3b, and C4. Substitute specific population numbers for specific years with using current accurate projections and OFM range; remove reference to adding market factor to population; provide for determining Urban Growth Areas using a land needs analysis; and separate last paragraph of old B6 as new C4 and revise language to describe more appropriate land supply evaluation process. Reorganization of these policies provides a clear break between various different policy topics. it also provides a clearer discussion of the criteria to be applied in future revisions of Urban Growth Boundaries with respect to land supply and provides the flexibility to fine tLine market factors to meet specific growth needs: Policy C3a provides flexibility to adjust population figures used in the Comprehensive Plan to keep up with updated annual estimates and projections provided from OFM and from other sources the County may choose to utilize. The previous language trapped -the County into using a figure that is already outdated based on growth that has occurred since the CPPs were adopted in 1993. The Oversight Committee agreed that it is better to have a more general reference to population projection in the CPPs so that the CPPs will not have to be amended every time new population figures become available. The change also removes the reference to adding a specific market factor to the projected population. The GMA Hearings Board has specifically identified the inappropriateness of using the inflated population figure. The correct methodology, as supported by publications from Washington Department of Community Trade and Economic Development ( DCTED) and decisions and orders of the Hearings Board, is to apply market factors to the projected need for land; in other words to add the market factor to acres, not -the projected number of people. These changes are partly in response to suggestions made by DCTED in a November 27, 1996 letter to the Whatcom County Executive. Staff Report File # 9 6 -9 9: GMA c: Iwp win 601wpdocsIarsrordlstafreptlCPP2 .SR January 27 9997 --Page 8 13. Page 3, Revise previous policy B15 to become policy C5 and add "and market availability of undeve loped acreage." This provides some flexibility to respond to changing land market conditions. 14. Page 3, From previous policy C11 create new policy C7 by adding "Urban Growth Areas should be established" at the beginning. This is both a clarification of the intent of the original language and a further emphasis on measures to prevent sprawl. 15.. Page 3, Previous policy B3 becomes policy 01. Add "with a balance of jobs and housing." This change was suggested by the Committee to provide clarification of community economic goals. 16. Pages 3 and 4, Previous policy B5 becomes policy D2. Add "for cities." Clarify language about contiguous areas, add "as defined by the Act." Delete reference to "urban zoning," reference to "urban ... development," and references to specific areas. This clarifies the intent of the previous language, removes a reference to using existing zoning as a basis for a land use designation, and deletes reference to certain areas of the County that may not be appropriate as City UGAs and are addressed in policy B4, revision #8 above. The use of "as defined by the Act" refers to the GMA reference to "within a reasonable distance" in designating UGAs. The change also helps to address Kathy Sutter's question about "what needs are contemplated here ? ". The answer is urban growth needs and the phrase goes to address the GMA requirement that urban growth is to be located first within city limits, and secondly in city UGAs outside of existing city limits if projected needs (urban growth) cannot be met inside existing city limits. 17. Page 4, Previous policy B10 becomes policy D3. Replace "should" with "shall." Add provision for short-term and long -term boundaries. This suggestions from Mr. Mackie emphasize the GMA requirement to plan for urban services and establish the ability to use short-term and long -term boundaries. If utilized, they will be further defined in the revised comprehensive plan (see policy E4, change #23 below). 18. Page 4, Revise previous policy 1312 to new policy D4. Add reference to community vision. Revise reference to impacts on critical areas and resource lands. This is another clarification of intent and moves toward better coordination with city planning efforts. 19. Page 4, Revise previous policy B13 to new policy D5 adding "where reasonably possible." This change provides flexibility to respond to a variety of circumstances'that may not be immediately foreseeable. Staff Report File # 16 -91: GMA c: I wp win 601 wpdocs I arsrordlstafrep t I CPP2. SR January 27 1997 -- Page 9 20. Page 4, Under new Section E, "NON -CITY URBAN GROWTH AREAS" (see # 2 above) add new policy E1 to provide for urban growth areas that are not contiguous to existing cities. This suggestion from Mr. Mackie was revised by the Committee for clarification. The intent is to accommodate unique circumstances in Whatcom County such as Cherry Point (see policy E3, change #22, below). 21. Page 4, Add new policy E2 regarding infill of urbanized non -city UGAs. This is directed toward the GMA goal of preventing sprawl. 22. Page 4, Add new policy E3 regarding Cherry Point industrial growth area.. This specifically addresses the unique Whatcom County situation of the Cherry Point industrial area, its value to the economic vitality of Whatcom County, its existing uses and other site specific characteristics. Policy 12 attests to the need for a site with the unique characteristics of Cherry Point (see policy 12, change #31 below). 23. Pages 4 and 5, Add new policy E4 regarding provision of services to non -city urban growth areas and interlocal agreements with service providers. The reference to interlocal agreements comes from previous policy C10, now F10. Short -term and long - term boundaries, if utilized, will be further defined in the revised comprehensive plan (see policy B10, change #17 above). 24. Page 5, In previous policy C1, now policy F1, insert "Planning" after "County- wide." Revision 18. (Policy D5) is a grammatical correction. 25. Page 5, In previous policy C5, now policy F5, delete "adopting" and insert "The County shall adopt" before "zoning." This is clearer language based on a suggestion from Ms. Sutter with Committee revision. 26. Page 5, In previous policy C6, now policy F6, insert "outside of Urban Growth Areas" after "are made" and delete "at rural levels of service." This clarifies the intent of the policy and resolves the dilemma of trying to define "rural levels of service" (see #53, below). 27. Page 7, To previous policy D4, now policy G4 add "lot sizes." The Committee recommended this change to provide additional flexibility. Staff Report File # 16 -91: GMA c: lwpwin60lwpdocslarsrordlstafreptlCPP2 .SR January 27 1997 --Page 10 28. Page 7, In previous policy D8, now policy G8, insert "and/or" between "impact' and mitigation." This suggestion from Ms. Sutter broadens the scope of options for development fees (see policy L1 and L3, changes #47 and 48 below). 29. Page 7, In previous policy E3, now policy H3, insert "to the extent it is feasible." This clarification was added based on known circumstances. 30. Page 8, In previous policy F1, now policy 11, move "Economic development shall be coordinated with environmental concerns" to previous policy F2, now policy 14. Add references to the Overall Economic Development Plan, family wage jobs and industrial development. This change relocates some language for clarity and more clearly states economic development and employment goals with reference to the Overall Economic Development Plan (OEDP). 31. Page 8, Add new policy 12 regarding industrial land needs GMA hearings boards have clearly stated that the rationale for land use designations based on GMA cannot rely solely on past planning activities. This policy provides the ability to address a variety of unique needs in Whatcom County and describes the unique site characteristics that underlie the need for the Cherry point Industrial Area (see policy E3, change #22). 32. Page 8, Add new policy 13 regarding industrial land supply. This was originally proposed as part of policy 12 above but the Committee recommended that it should stand as a separate policy. 33. Page 8, Renumber previous policy F2 to 14, and add reference to OEDP and sentence from previous policy F1 discussed in #28, above. This provides an additional link with the OEDP referenced in policy 11 above. 34. Page 8, In previous policy F4, now policy 16: insert "and in designated areas of the county." This broadens the emphasis on economic vitality and job development beyond the confines of the incorporated cites of the County. 35. Page 8, In previous policy F5, now policy 17, change "desirable" to "family." This is a more precise term. 36. Page 8, In previous policy F6, now policy 18, revise d) to specify "reinvestment" and add e) regarding "expansion of existing businesses." The intent here is to go beyond promoting new business and keeping profits to include expansion of existing businesses. Staff Report File # 16 -91: GMA c: Iwp win 601wpdocs4arsrordlstafreptlCPP2 .SR January 27 1997 -- Page 11 37. Page 9, Add new language to previous policy F7, now policy 19, to address importance of natural resource lands and industries and natural resource -based industries. Increased emphasis on resource lands was suggested by Lesa Starkenburg and revised by the Committee. This substantially beefs up the previous policy language and emphasizes the community's interest in assuring that the full range of economic benefits is derived from natural resource protection. 38. Page 9, Add new policy 110: regarding siting of Major Industrial Developments. This provides a basis for greater flexibility for industrial development as authorized by GMA. 39. Page 9, Add new policy 111:. regarding industrial access to transportation etc This provides a cross - reference to the need for Cherry Point and other industrial areas. 40. Page 9, To previous policy G1, now policy J1, add language to update reference to Regional Transportation. The Whatcom Count Council of Governments (COG) provided valuable assistance in revising the Section J policies relating to transportation (see also #41 through #44 below). The change to J1 revises an outdated references to the Regional Transportation Plan (RTP). 41. Page 9, In previous policy G3, now policy J3 insert "within Urban Growth Areas" between "encouraged" and "in areas." The added text assures compliance with GMA. 42. Pages 9 and 10, Rewrite previous policy G4, now policy J4 to discuss strategies for maintaining levels of service on County roads and delete previous references to "demand management policies. ". The new language was provided by COG to assure compliance with GMA concurrency requirements and provides a link to the 1991 Commute Trip Reduction Law.. 43. Page 10, In previous policy G5, now policy J5, delete references to incentives and purchase for trail and bicycle corridors. This provides greater flexibility in selecting appropriate alternatives. 44. Page 10, In previous policy G6, now policy J6, add reference to freight rail, delete references to "Amtrak" and "high speed rail" and add "and other transportation facilities." High speed rail is not proving to be feasible in Whatcom County, Amtrak may not be the only provider of passenger rail service; freight rail and other transportation facilities provides greater flexibility; and bus is not the only option for transit service. Staff Report File # 16 -91: GMA c:l wpwin601 wpdocslarsrord1stafrept1CPP2.SR January 27 1997 --Page 12 45. Page 10, In previous policy H2, now policy K2, insert "early and continuous," between "includes" and "public involvement." This provides a better match with GMA language. 46. Page 10, in previous policy H3, now policy K3, delete "Major" and change "should" to "shall." This provides clarification and flexibility. 47 Page 10, In previous policy 11, now policy L1, insert "and /or mitigation" between "impact" and " fee ordinances." This suggestion from Ms. Sutter broadens the scope of options for development fees (see policy G8, change # 28 above and policy L3, change #48 below). 48. Page 11, In previous policy 13, now policy L3, insert "coordinate with each city" between "should" and "encourage" and insert "andlor mitigation" between "impact" and " fees." This is a clarification of language describing process required for standardization to occur. It also broadens the scope of options for development fees (see policy G8 and L1, changes #28 and 47 above). 49. Page 11, In previous policy K2, now policy N2, rewrite to specify "regulations and development standards" to protect water resource protection areas; and specify regulatory protection of "potable water supplies and water resources" when there are conflicts with other designations required by GMA. Also delete "potential" between "there are" and "conflicts." Revisions to this policy were the subject of much debate, discussion and input from the County Council, the cities and from various members of the community. The concern arose that the original policy might prevent any type of plan designation or land use that might have a "potential" conflict with any type of water resource. Several alternatives were discussed before agreeing on the present proposal. The intent of the proposal is to assure that the balance between water resource protection and other GMA requirements is attained with regulatory means. 50. Page 12, In Glossary, revise definition of "Impact Fees" to replace "created" with "necessitated." This is a grammatical correction suggested by the Committee 51. Page 13, In Glossary, revise definition of "In -fill" by inserting "or rural settlement" between "a city" and "or in," delete "a city center and to," and change "further" to "farther" in two instances. This coordinates with policy B4 (see change #8) and corrects a grammatical error. 52. Page 13, In Glossary, revise definition of "Interlocal Agreements" by deleting "drawn up" after "agreement." This is a grammatical correction. Staff Report File # 16 -91: GMA c :Iwp win 601 wpdocsIarsrordlstafreptlCPP2.SR January 27 1997 --Page 13 53. Page 13, In Glossary, delete definition of "Rural Level of Service." This removes an inappropriate and undesirable constraint on the ability to provide fire protection and addresses one of Ms. Sutter's questions. The definition is no longer needed as other CPPs (see #26 above) no longer use this term. 54. Page 13, In Glossary, add a definition for "Resource -Based Industry." This provides a definition for a term used in policy 19 (see policy B1, change #4 and F7, change #37 above). A TTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 1 WHATCOM COUNTY COUNTY -WIDE PLANNING POLICIES March 11, 1997 Draft Revisions to Policies Incorporating January 10, 1997, December 6, 1996, December 12, 1996 and January 10, 1997 Oversight Committee Review and Discussion A. CITIZEN INVOLVEMENT 1. The county and the cities shall cooperate to provide public education on the requirements of the Growth Management Act. 2. The county and the cities shall provide opportunities for citizens to become involved in the growth management planning process through various mechanisms, such as surveys, public workshops, meetings, hearings, and advisory committees. The method of citizen involvement may vary based on the needs and constituents in various communities and shall include representation of both rural and urban interests on those issues that affect both urban and rural areas. 3. Citizens shall be notified in a timely manner of opportunities to have input and key decision points in the planning process. This should include actions such as use of telephone hotlines, notification to interest groups, pre - development meetings, early incorporation of public comments and broader notification of property owners and residents during a planning process as well as working more extensively with community and neighborhood groups. The cities shall also develop a public participation process to solicit and incorporate comments from residents outside city limits but within proposed Urban Growth Areas. 4. Citizen comments and viewpoints shall be incorporated into the decision - making process in development of draft plans and regulations. Consideration of citizen comments shall be evident in the decision - making process. 5. The county and the cities shall establish a system for subarea, community and neighborhood liaison to foster communication between the respective government and its neighborhoods. This system would also provide a point of contact for issues that may affect subareas, the community, or neighborhoods. 6. Various planning techniques, such as overlay maps and Geographic Information Systems, shall be utilized to allow citizens and public officials the ability to make accurate comparison of issues so appropriate trade -offs can be consciously made. ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 2 B. URBAN VERSUS RURAL DISTINCTIONS* ' 1. Whatcom County shall primarily become a government of rural areas in land use matters directed towards agriculture, forestry and other natural resources and natural resource based industries. The county shall work with citizens to define a variety of types of rural areas based on the characteristics and needs of different areas. This Section shall not preclude county governance of large urban industrial areas outside of the city UGA's (see Cherry Point below), developed urban areas within urban growth areas not yet annexed, and developed rural areas where the "urban" designation is inappropriate. 2. The county shall discourage urban level development outside Urban Growth Areas and outside of areas currently characterized by a development threshold greater than a rural development density. 3. Consistent with the character of existing development, and the ability to provide needed services, Whatcom County shall allow infill of rural areas characterized by existing commercial, industrial, and intensive residential development greater than a rural development density and rural settlements. These areas should be clearly delineated, and not expanded. Impacts on critical areas and other environmental considerations as well as. the availability of capital facilities and rural levels of service must be considered before allowing infill in these areas. 4. Whatcom County shall promote appropriate land uses and allow for infill within rural settlements consistent with the community character, environmental constraints and the ability to provide needed infrastructure and needed services. 5. In the next 20 years, Whatcom County should discourage "new fully contained communities" (as defined and authorized by RCW 36.70A.350) outside designated Urban Growth Areas. 6. Whatcom County should undertake a public process to define rural areas and rural growth as distinct from urban areas and urban growth. C. URBAN GROWTH AREAS 1. Urban growth needs shall be met by a combination of in -fill within cities and by growth within designated municipal and non - municipal Urban Growth Areas. 2. The size and location of Urban Growth Areas shall be consistent with adopted local policies and with the capital facilities plans. 3a. The most current, accurate population projections based on a range provided for Whatcom County by the Office of Financial Management shall be used as the basis 1 Those headings with asterisks (") are the ones required by the Growth Management Act. The title was expanded for the first required category to better reflect the content as the policies developed. ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 3 for determining that Urban Growth Areas shall include sufficient area to permit the urban growth that is projected to occur in the county for the succeeding twenty - year period. 3b. The determination of each Urban Growth Area shall be based upon a land needs analysis that incorporates. reasonable market factors and addresses the ability of the area to provide for urban levels of density and services. Urban areas shall permit a range of densities and uses. In recognition of local diversity, the market factor and range of densities used may be different among each Urban Growth Area. 4. Urban Growth Areas shall be evaluated at least every ten years to determine if they contain sufficient area to accommodate the urban growth that is projected for the succeeding twenty -year period. The market factor for each Urban Growth Area shall also be evaluated to determine whether the land supply is adequate to meet the needs of the community' or whether the land supply is excessive and contributing to sprawl. 5. The county and the cities shall develop an approach to calculating the need for additional land area taking into consideration limitations imposed by individual critical areas regulations and other considerations such as infrastructure, open space, existing uses and market availability of undeveloped acreage. 6. The county and the cities shall coordinate drainage, stormwater management and flood control in Urban Growth Areas and work toward the development of common standards. 7. Urban Growth areas should be established in a way that minimizes impacts on agricultural land, forestry, mineral resources, water resources, and critical areas. D. CITY URBAN GROWTH AREAS 1. The Urban Growth Areas for the small cities shall be of an adequate size to allow them to become viable economic centers with a balance of jobs and housing. The small cities shall do appropriate planning to ensure adequate distribution of land uses and services at a range of urban densities and zoning classifications. 2. Urban Growth Areas for cities shall include those areas contiguous to cities and with urban characteristics as defined by the Act. 3. Cities shall develop a plan to provide urban level water and sewer services within their Urban Growth Areas. This plan should be developed in cooperation with existing water purveyors and other municipal corporations providing water or sewer services within each city's Urban Area, and should be implemented through interlocal agreements. Short term and long term boundaries may be used to facilitate provision of urban levels of service and to not preclude future urban densities as defined within the Whatcom County Comprehensive Plan. ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 4 4. Existing cities should absorb additional population at a range of densities appropriately responsive to the city's community vision before extending city Urban Growth Areas into areas where growth would adversely impact critical areas and resource lands. In those small cities entirely surrounded by flood plains, critical area and resource lands, the county and the city shall seek to negotiate a balance between protection of resources and the allocation of adequate land area to meet the growth needs of the city and to maintain the desired character of the community. 5. All cities should grow in an efficient .manner while maintaining their character and, where reasonable, shall provide for adequate open space between cities to prevent strip development. 6. Cities should be encouraged to provide positive incentives for in -fill. E. NON -CITY URBAN GROWTH AREAS 1. Urban Growth Areas. may also be established in areas that are not contiguous to existing cities, and are already characterized by urban growth where adequate facilities and services can be provided and which are intended to meet needs not met by cities and their Urban Growth Areas. 2. Non -city urban growth areas, for already urbanized unincorporated residential areas shall be encouraged to infill in a way that will facilitate efficient provision of facilities and services consistent with the scale of development. 3. Cherry Point shall be designated as an urban industrial growth area in recognition of existing large scale industrial land uses. Additional large scale development shall be encouraged consistent with the ability to provide needed services and consistent with protecting critical areas along with other environmental protection considerations. The Cherry Point industrial area is an important and appropriate area for industry due to its access to deep water shipping, rail, all- weather roads, its location near the Canadian border, and its contribution to the County's goal of providing family wage jobs. 4. The County shall assure that there are plans to provide appropriate levels of urban facilities and services within non -city Urban Growth Areas. These plans should be developed by special purpose districts, water associations and private service providers within each of these Areas, and should be implemented, where appropriate, through interlocal agreements. Short term and long term boundaries may be used to facilitate provision of urban levels of service. F. CONTIGUOUS, ORDERLY DEVELOPMENT AND PLANNING IN URBAN GROWTH AREAS* Cities, the county and special districts shall execute interlocal agreements to coordinate plans for and manage growth in Urban Growth Areas prior to annexations. Interlocal agreements shall acknowledge and implement the County- ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 5 wide Planning Policies. 2. Interlocal agreements shall incorporate clear and reasonable criteria for orderly annexation. The county and the cities shall establish a process to incorporate citizen input into interlocal agreement and encourage appropriate districts to participate. If adequate procedures are developed to replace it, the Boundary Review Board may. be replaced. 3. All urbanized areas currently within urban growth boundaries associated with cities should be encouraged to annex to cities. Orderly annexations with logical boundaries shall be encouraged. Interlocal agreements shall specify guidelines on size, timing of annexations and urban levels of development, and tax revenue sharing when appropriate. 4. Within Urban Growth Areas, cities shall not extend water and sewer utilities without an adopted program for annexation and an adopted Capital Facilities Plan. Exceptions may be made in cases where human health is threatened as determined by the County Health Department. If water extensions are made, they shall be consistent with the service area boundaries and other provisions within the adopted Coordinated Water System Plan. 5. In the areas where utilities presently extend beyond city limits, but are within Urban Growth Areas, the city, county, and the existing water purveyors for the area should jointly plan with the county. The County shall adopt zoning which reflects this joint planning. 6. Cities, other municipal corporations, and other public and private utilities shall not extend urban levels of water service to serve urban uses outside Urban Growth Areas. If water extensions are made outside of Urban Growth Areas, the maximum number of connections shall be consistent with current zoning and the number of connections shall be specified in a legally binding document at the time the extension is approved. Property contiguous to extension of utilities necessary to solve existing water deficiencies, but which cannot benefit from them because of zoning constraints, shall not be assessed for those improvements. 7. The availability of pipeline capacity required to meet local needs and /or supply shall not be used to justify development counter to the county -wide land development pattern and shall not be considered in conversions of agricultural land, forestry, and rural areas. 8. The cities, other municipal corporations, public utilities, and the county shall cooperate to identify and balance the needs of each jurisdiction and entity when planning for transition of services and annexation within Urban Growth Areas. This intergovernmental cooperation and coordination should be reflected in revenue agreements, work programs for joint projects, and regional solutions adopted by the affected parties. ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 6 9. Within Urban Growth Areas, major transportation, utility and greenway corridors should be planned. Development should be consistent with these corridors. The county should ensure conformance through the permit process and incentive programs. 10. Interlocal agreements shall include provisions for agreed upon development standards within Urban Growth Areas. Unless a different standard is negotiated, the more rigorous of the standards shall be enforced by the county. 11. The county and the City of Bellingham shall establish through the current (north) Urban Fringe Subarea Plan update, the policies, zoning and criteria to comply with current state Growth Management law. A similar process shall be used in planning for other areas around Bellingham. 12. To encourage contiguous, orderly development and annexation in Urban Growth Areas around cities, the county shall designate Urban Residential zones limiting density to a maximum of one dwelling unit per five acres in undeveloped areas until urban level utilities are provided. Developed or partially developed areas presently zoned Residential -Rural shall retain that zoning. In the Bellingham Urban Growth Area, substantial development and subdivisions already have occurred without annexation. The revised Urban Fringe Subarea Plan and a new Interlocal Agreement between the City of Bellingham and the county will address sequence and timing for annexations, subdivisions, and urban levels of development. 13. In Urban Growth Areas where development is occurring based on the presence of utilities, urban development shall meet common urban standards including fire flow requirements and supply. The county and the cities will work together to develop reasonable standards over time. G. AFFORDABLE HOUSING* 1. The county and the cities shall develop a definition for affordable housing. They should take actions to ensure a balance of housing and economic growth consistent with each jurisdictions' employment base and diverse income levels and to reduce commuting times and traffic congestion. 2. The county and the cities shall plan for a range of housing types and costs commensurate with their affordable housing needs. 3. Affordable housing should be convenient to public transportation, major employment centers and public services. 4. The county and the cities shall promote innovative techniques and develop strategies to provide for affordable housing with design, density, lot sizes and development standards that provide for a variety of housing types. 5. The county and the cities shall review existing regulations and policies that exclude or discourage affordable housing in their communities and shall not adopt ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 7 regulations and policies which do so. Mobile, modular, and manufactured homes on individual lots, mobile home parks, accessory units, inclusionary zoning, mixed use, and increased densities shall be reviewed as affordable housing alternatives. 6. The county and the cities should work with the private sector, other public and non - profit agencies, citizen groups, and trade representatives to assure that there is an adequate supply of sites available for affordable housing and to encourage housing design that is compatible with the surrounding neighborhoods. 7. Low income housing shall not be concentrated in only a few communities or neighborhoods. 8. The county and the cities shall consider reducing impact and /or mitigation fees for affordable housing provided in a proposed development. 9. Each jurisdiction should explore options for providing shelter for the homeless. H. OPEN SPACE /GREENBELT CORRIDORS 1. Adequate open space is vital to the quality of life and sense of place in Whatcom County. The county, cities, Port of Bellingham, and other appropriate jurisdictions should coordinate protection of linked greenbelts, within and between Urban Growth Areas, parks, and open space to protect wildlife corridors and to enhance recreational opportunities, public access and trail development 2. The county and the cities shall plan for greenbelts and open space in their Comprehensive Planning processes and coordinate with each other. Open space systems should include lands which contain natural areas, habitat lands, natural drainage features, and /or other environmental, cultural and scenic resources. With increased residential densities, jurisdictions also should ensure provision of adequate neighborhood parks and play areas within safe bicycling and walking distance for children. 3. The county and the cities shall encourage, to the extent it is feasible, separation of Urban Growth Areas through planning, zoning, development regulations, open space purchase, conservation easements and other mechanisms which may be appropriate. Also, an array of incentives such as density bonuses, design flexibility and transferable development rights shall be offered to affected land owners. I. ECONOMIC DEVELOPMENT AND EMPLOYMENT* 1. Whatcom County recognizes that a healthy economy which provides opportunity for diverse segments of the community is important to the quality of life in the area. As noted in the County Overall Economic Development Plan, family wage jobs are an important component for the economic health of the county. New industrial development and expansion of existing industry are key factors in providing family wage jobs and a strong tax base. ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County. County -Wide Planning Policies Page 8 2. Industrial land designations must be sufficient to permit the concentration of industry in appropriate locations beyond 20 years. This is necessary in order to avoid creating a demand for new industrial centers and industrial grade utilities beyond the 20 -year horizon of the current plan. Industrial designations must not only include lands suitable for development, but also lands suitably zoned to create air shed, noise shed, and other buffers to prevent unreasonable limitation on industrial growth and development. It is also important that these lands be conserved with appropriate land use and zoning provisions to ensure that they will be available for future use. 3. In order to attract new industry and provide for expansion of existing industries, the county and the cities will designate land supply of sufficient size and diversity to provide a range of suitable locations for industrial development. 4. The county and the cities should include an economic development element in their Comprehensive Plans. Economic development elements should be consistent with the County's Overall Economic Development Plan. Economic development shall be coordinated with environmental concerns to protect the quality of life. 5. The county and the cities should continue to cooperate in preparing the "Overall Economic Development Plan" for infrastructure funding. Other appropriate organizations, businesses, and individuals will continue to be involved in the process. 6. Economic vitality and job development shall be encouraged in all the cities and in designated areas of the county consistent with community growth policies, particularly addressing adequacy of transportation corridors, public transportation, impacts on the environment, and the ability of the area to provide urban services. 7. Economic development that pays family wage rates should be encouraged. 8. Economic development shall be encouraged that: a) does not adversely impact the environment; b) strikes a balance with the community and encourages industry or development that gives jobs to local people; c) addresses unemployment problems of the county and seeks "innovative techniques" to attract different industries for a more diversified economic base; d) promotes reinvestment of profits in the local economy, and e) supports expansion of existing businesses. 9. The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be maintained in a sustainable manner. As part of the comprehensive planning process and through implementation of the comprehensive plan, the County shall develop and adopt goals, policies and regulations that protect resource land industries and support and encourage resource -based industries. ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 9 10. The cities and county agree to set policies for approving proposals to authorize siting of Major Industrial Developments as per RCW 36.70A.365. 11. Whatcom County encourages siting of industrial uses in proximity to and to further utilization of our access to deep water for shipping, rail, roadways and the international border. J. COUNTY -WIDE TRANS PORTATIOIV FACILITIES AND STRATEGIES* 1. A Regional Transportation Planning Organization (RTPO) has been established in Whatcom County to conduct regional, cooperative transportation planning. The RTPO has completed a Regional Transportation Plan (RTP) including County -wide transportation policies. The RTP has been approved by a regional transportation Policy Board consisting of elected representatives of most area jurisdictions. The Transportation Chapter of the Whatcom County Comprehensive Plan and the Comprehensive Plans for each of the City's must be consistent with the RTP as it is amended. The county and the cities will continue to support the RTPO on an on -going basis to coordinate transportation planning across Whatcom County. 2. Whatcom County jurisdictions shall encourage alternative modes of transportation to the single occupancy vehicle. Each jurisdiction will encourage: 1) Public education to encourage use of public transportation; 2) Development of linked on- street bicycle routes and pedestrian and bicycle trail corridors; 3) Adequate pedestrian facilities; 4) Links, including well designed pedestrian links, between different modes of transportation; and 5) Intermodal linkage of freight transportation. Public transportation includes fixed route transit, car pools, van pools, and other demand responsive modes. 3. To facilitate alternatives to the single occupancy vehicle,. pedestrian scale communities, and higher density shall be encouraged within Urban Growth Areas in areas with good access to major arterials and public, transportation. 4. Strategies for maintaining established levels of service on county roads shall include Commute Trip Reduction activities, project impact and /or mitigation fees, improved public transportation service, and /or other demand -based techniques intended to reduce or limit development induced increases in traffic congestion. Where these methods cannot maintain or cause return to established levels of service, development will be limited. 5. Priorities shall be established and expenditures coordinated for county -wide bicycle and trail corridors. 6. Transportation planning within Whatcom County shall incorporate inter - county and international transportation links, such as airports, passenger rail, freight rail, transit, ferries, and other transportation facilities. A TTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 10 K. SITING OF PUBLIC FACILITIES* 1. As part of the comprehensive planning process, the county and the cities shall identify appropriate land for public facilities which meets the needs of the community, such as schools, recreation, transportation and utility corridors, human service facilities, and airport and other port facilities. In order to reduce land use conflicts, policies related to a design component shall be incorporated in the comprehensive plans. 2. The county and the cities shall develop a cooperative and structured process, which includes early and continuous public involvement, to consider siting of public facilities of a regional and statewide nature, such as solid waste disposal, correctional, transportation, education and human service facilities. State facilities will conform to local siting procedures. 3. Public facilities that generate substantial travel demand should be sited along or near major transportation and public transit corridors. 4. The county and the cities shall work with their respective school district to encourage siting of schools in conjunction with areas where substantial development is projected and near public transportation corridors. 5. Sharing of corridors for major utilities, trails and other transportation rights -of -way is encouraged when not in conflict with goals to protect wildlife, public health and safety. 6. Essential public facilities will not be precluded from consideration within Whatcom County as required by GMA. A process consistent with GMA and the County- wide Planning Policies will be developed to address the siting of essential public facilities. L. IMPACT FEES 1. The county and the cities are encouraged to adopt fair and reasonable impact and /or mitigation fee ordinances to ensure that new growth pays its fair share of the cost of capital facilities, such as transportation improvements, parks, and schools. 2. The county and cities shall coordinate with their school districts to develop impact fee formulas as appropriate to the district's capital needs. 3. The county should coordinate with each city to encourage standardized formulas for the assessment and the collection of impact and /or mitigation fees. M. INTERGOVERNMENTAL COOPERATION 1. To adequately plan for growth and implement the policies of the Growth Management Act, the governmental jurisdictions in Whatcom County, including the ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 11 Lummi Nation and Nooksack Tribe, and the Port of Bellingham shall establish on- going mechanisms to improve communication, information sharing and coordinated approaches to common problems. 2. Whatcom County governments should communicate with neighboring counties and governments in British Columbia and work cooperatively on growth management issues that cross county and national borders. N. WATER QUALITY AND QUANTITY The quality of life and economic health of Whatcom County communities depend on the maintenance of a safe and reliable water supply. All jurisdictions and water purveyors should cooperate to ensure the protection and quality of the area's water resources. 1. The cities, and the county, in cooperation with other municipal corporations, tribal governments, federal and state agencies, and public and private utilities shall cooperate in conserving water and in drawing upon said water to support growth. 2. The Cities and the County in cooperation with other municipal corporations and tribal governments, shall adopt zoning regulations and development standards to protect water resources. Those regulations and development standards shall protect potable water supplies and water resources when there are conflicts with designations required by the Growth Management Act. 3. All jurisdictions shall cooperate to protect water quality and quantity within watersheds and marine water bodies which cross jurisdictional boundaries. 4. Jurisdictions involved in the development of ground and /or surface water management plans shall pursue the adoption and implementation of the plans and integrate the plans into local comprehensive plans. 5. All jurisdictions should participate in the process to establish a county -wide water resource management body. 6. All jurisdictions should maximize reduction of water pollutants from stormwater runoff and combined sewer overflows. O. FISCAL IMPACT* It is recognized that implementation of the Growth Management Act will promote more efficient growth patterns which may result in a reduced cost of public services and facilities in the long -term. It is also recognized that if the Growth Management Act and these policies are implemented to their maximum extent, county government may eventually lose the tax base needed to operate essential services, including the criminal justice function and the Offices of Treasurer, Assessor, and Auditor, which serve all jurisdictions in the area. A TTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies. Page 12 1. An economic analysis of changes in revenue caused by the Growth Management Act shall be provided by the County to the extent that resources are provided by the state. 2. If revenue sharing or fees for services are needed beyond those presently provided by state law, the county and the cities should seek state legislation to address the issue. P. PRIVATE PROPERTY RIGHTS 1. As required in the Growth Management Act, private property shall not be taken for public use without just compensation having been made. It is not the purpose of this paragraph to expand or reduce the scope of private property already provided in local, state and federal law. 2. The county as required by Whatcom County Home Rule Charter Section 1.1 1, and cities should establish a pro- active process to anticipate potential takings and other private property issues, including impacts on downstream property owners, and resolve them out of court. GLOSSARY Affordable Housing: In this document the definition of "affordable housing" is to be developed by each community as part of the Comprehensive Planning process. Capital Facilities Plan: A required element of the Comprehensive Plan designed to form a better match between development and provision of services. It must include an inventory of existing facilities, forecast of future needs and a six -year financing plan. Critical Areas: As defined by each jurisdiction, including at least the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. Greenbelts /Greenways: These are undeveloped open space, natural areas, including agricultural lands, golf courses and other recreational uses, wildlife corridors and similar uses. Impact /Mitigation Fees: A payment of money imposed upon new development as a condition of approval as defined and provided by RCW 82.02 and /or 43.21 c. This fee must be used exclusively to finance improvements in capital facilities that are necessitated by the development. Inclusionary Zoning: Zoning that requires developers to provide a portion of housing units in a specific project or area to meet the needs of low and moderate income people. ATTACHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 13 In -fill: The practice of using developable land that lies within a city, UGA, or developed area outside resource lands, where services are available rather than passing over such parcels in favor of land farther out or farther from available services. Interlocal Agreements: An agreement intended to apply within designated Urban Growth Areas to set clear and reasonable criteria for orderly annexations including guidelines on size and timing of annexations and urban levels of development, appropriate development standards and tax revenue sharing provisions. Participants in the agreement could include the county, any adjacent city, affected fire districts (if applicable) and any other utility provider. Low Income Housing: The federal government defines low income housing as .housing provided for individuals earning 50% or less of the average family wage of the local jurisdiction. Natural Resource Lands: Natural Resource Lands include agricultural, forestry, and mineral resource lands that are not already characterized by urban growth and that have long -term significance for the commercial production of food or other agricultural products, for the commercial production of timber, and that have long -term significance for the extraction of minerals. Private Utilities: Water and /or sewer service owned and operated by an entity other than a political subdivision of the federal, state or tribal governments. Public Utilities: Water and /or sewer services owned and operated by a political subdivision of federal, state or tribal governments (includes water and sewer districts and public utility districts). Regional Transportation Planning Organization: An organization created by the Growth Management Act to coordinate regional transportation efforts and to foster cooperation among state and local jurisdictions. Through voluntary association the Whatcom County Council of Governments has been designated as the Regional Transportation Planning Organization for Whatcom County. Resource Based Industry: A business or industry that has a direct relationship to natural resources such as agriculture, minerals, forestry and fishing. This type of industry is generally located in close proximity to the resource or resource land. Short - Term /Long Term Boundaries: Short Term boundaries are used as a tool for facilitating provision of urban levels of services and preventing sprawl. The Long Term boundary includes the short term boundary and areas that have unresolved issues within the identified 20 year Urban Growth Boundary. Urban Fringe Subarea Plan: A plan pertaining to that portion of Whatcom County immediately north of Bellingham and containing most of Bellingham's suburban growth. It is a plan designating the interface between urban and rural land uses. Some part of the Urban Fringe Area will be included in an Urban Growth Area. Some of the area already lies within Bellingham's Urban Service Area. A TTA CHMENT "2" (Revised) March 11, 1997 Whatcom County County -Wide Planning Policies Page 14 Urban Growth Area: An area designated within which urban growth will be encouraged and outside of which growth can occur only if it is not urban in nature. Urban Level of Service: The minimum level of urban facilities and services, including sanitary sewer, water service, police protection, fire protection and emergency medical services, parks and recreation programs, solid waste management, electric service, land use controls, communication facilities and public schools, to support urban levels of development. A full range of services would add urban public transit, natural gas, storm drainage facilities, street lighting, libraries, local parks, local recreation facilities and services, and health services.