HomeMy WebLinkAboutord1997-018WHATCOM COUNTY COUNCIL AGENDA BILL AB NO. 97 1 W
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Jriginator: Jeff Griffin
JG
Division Head: Sylvia Goodwin
QX
O17
Dept. Head: Michael Knapp
Prosecutor:
Purchasing Budget:
Executive:
SUBJECT. • An emergency ordinance extending CAO Emergency Ordinance 97 -012, which amends Chapter 16.16,
Whatcom County Code, "Critical Areas" to comply with the Washington State Growth Management Act.
ATTACHMENTS:
Proposed Ordinance
SUMMARY STATEMENT.•
slated County contract #: n/a
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Please complete sections of box as appropriate &
Should Clerk schedule a
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The request is to extend the critical areas emergency ordinance for sixty days to provide additional time for Planning
Commission to formulate a recommendation on the final critical areas ordinance.
ORIGINATOR'S RECOMMENDED ACTION: The Planning and Development Services Director recommends that
Council accept the recommendation and adopt the proposed ordinance.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN.
1997-178 5/6/97: Adopted 7 - 0. Ord. #97 -018
Related File Numbers: Ordinance or Resolution Number (this item only):
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File #: 3/11/97 SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 5/6/97
1 ORDINANCE NO. 97_018
2 AN EMERGENCY ORDINANCE REPLACING ORDINANCE #96 -017, WHICH AMENDS
3 CHAPTER 16.16, WHATCOM COUNTY CODE, "CRITICAL AREAS" TO COMPLY WITH
4 THE WASHINGTON STATE GROWTH MANAGEMENT ACT.
5 WHEREAS, the Washington State Legislature passed the Growth Management Act
6 in 1990 and amended it in 1991, requiring counties and cities to define, identify, and
7 manage environmentally critical areas and ecosystems; and
8 WHEREAS, on May 26, 1992 at a public meeting, the Council unanimously
9 approved the unanimous recommendations of the Planning Commission to adopt a Critical
10 Areas Ordinance (92 -032); and
11 WHEREAS, in November, 1992, the County Auditor validated over 11,000
12 signatures to a petition to strike certain provisions from the original CAO and put the
13 petition on the ballot as Referendum 92 -3, and on November 2, 1993, a majority voted
14 to support the referendum version of the CAO; and
15 WHEREAS, the referendum process was appealed to the Growth Hearings Board;
16 and
17 WHEREAS, on June 30, 1994 the Growth Hearings Board ruled that SEPA must
18 be applied to the amended CAO; and further ruled that the referendum process did not
19 comply with the expanded public participation required by GMA and remanded the CAO
20 back to the County for compliance; and
21 WHEREAS, in April, 1995 at a public meeting, the Council approved the
22 recommendations of the Planning Commission to bring the Critical Areas Ordinance ( #95-
23 019) into compliance with the Growth Management Act; and
24 WHEREAS, the April, 1995 CAO ( #95 -019) was appealed to the Growth Hearings
25 Board; and
26 WHEREAS, on Dec 20, 1995 the Growth Hearings Board invalidated Articles IX
27 (Wetlands), X (River and Streams), XI (Fish Habitat Conservation Areas), and XII (Wildlife
28 Habitat Conservation Areas) citing non - compliance with the Growth Management Act and
29 remanded the CAO back to the County for compliance within 120 days of the order; and
30 WHEREAS, in January, 1996, the County Council reaffirmed its intent to pursue
31 negotiations with State representatives in order to achieve agreement on the content of
32 the Whatcom County Critical Areas regulations; and
13 WHEREAS, in a series of five work sessions, the County met with State
I representatives to better understand and respond to the December 20, 1995, Growth
35 Hearings Board ruling and the State's concerns and, subsequently, developed a response
1 to the Board's ruling; and
2
3 WHEREAS, on April 30, 1996, voted to approve Ordinance #96 -017; and
4 WHEREAS, the referendum process was appealed to the Growth Hearings Board;
5 and
6 WHEREAS, The Growth Hearings Board ruled on September 12, 1996 to
7 invalidated Articles IX (Wetlands), X (River and Streams), XI (Fish Habitat Conservation
8 Areas), and XII (Wildlife Habitat Conservation Areas) citing non - compliance with the
9 Growth Management Act and remanded the CAO back to the County for compliance
10 within 180 days of the order; and
11 WHEREAS, County resources have been focused on the Comprehensive Plan, time
12 has been short, staff limited, and the weather bad, the County determined that an
13 emergency ordinance containing the original Critical Areas Ordinance ( #92 -032) would
14 be the most expedient compliance move; and
15 WHEREAS, This will allow staff and the Planning Commission the necessary time
16 to meet the public process requirements of RCW37.70A for the final Critical Areas
17 Ordinance; and
18 WHEREAS, a Determination of Non - Significance was issued for Ordinance #92 -032
19 on January 14, 1992 and no changes have been made to the ordinance submitted herein;
20 and
.1 WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the
22 Bellingham Herald on February , 1997 for the County Council Hearing; and
23 WHEREAS, The County Council held a regular Public Hearing on March 11, 1997,
24 and re- adopted Ordinance No. 92 -032 as Ordinance No. 97 -012 on an emergency basis
25 for a sixty day period; and
26 WHEREAS, the Planning Commission has held two public hearings and three work
27 sessions and requires further time to formulate a recommendation on the final critical
28 areas ordinance; and
29 WHEREAS, the Council has adopted the following Findings and Conclusions:
30 FINDINGS
31 1. Whatcom County has a number of areas subject to natural hazards, or which, in
32 their natural state, carry, hold or purify water and /or support unique or fragile
33 natural resources. These areas are identified as Critical Areas.
34 2. Whatcom County is mandated by the Growth Management Act to protect these
35 areas as well as protect the community from hazards associated with these areas.
36 3. Over the course of two years, staff, working with technical assistance, community
17 advice and public input, produced a Critical Areas Ordinance (Ordinance No. 92-
,8 032).
1 4. Substantial public and technical input took place in the CAO development process
2 of Ordinance No.92 -032 including 21 TAC meetings,14 CAC meetings, 5 five
3 Agriculture meetings, 3 workshop - Wetlands, 2 town meetings - Wetlands, 1
4 workshop - Geologically Hazardous Areas, 1 town meeting Geologically Hazardous
5 Areas, 1 workshop - Aquifer Recharge Areas, 1 town meeting - Aquifer Recharge
6 Areas, 1 workshop -Fish Habitat Conservation Areas, 1 town meeting - Fish Habitat
7 Conservation Areas, 22 special interest meetings, 5 class presentations, 4 CAO
8 presentations at conferences,
9 5. Substantial public input was considered by the Planning Commission during three
10 (3) Public Hearings and seven (7) worksessions addressing Ordinance No.92 -032.
11 6. Substantial public input was considered by the County Council during three (3)
12 town meetings and two (2) public hearings addressing Ordinance No.92 -032.
13 CONCLUSION
14 These Critical Areas Regulations will provide adequate protection to Critical Areas and
15 bring Whatcom County into compliance with the Growth Management Act. The adoption
16 process has been sufficient to comply with the public participation requirements of the
17 GMA.
18 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
19 Section 1. Whatcom County hereby extends Ordinance No. 97 -012 for sixty days on
3 an emergency basis.
21 Section 2. Adjudication of invalidity of any of the articles, sections, clauses, -or
22 provisions of this Ordinance shall not affect or impair the validity of the ordinance as a
23 whole or any part thereof other than the part so declared to be invalid.
24 ADOPTED this 6 day of May , 1997.
25
29 APPRO D as to form:
30
-41 Karen Frakes, Civil Deputy Prosecutor
32
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
G
L. Ward Nelson, Chairperson
(OYApproved () Denied
Pete Kremen, Executive
Date: S� F_ 7