HomeMy WebLinkAboutord1997-032WHATCOM COUNTY COUNCIL AGENDA BILL NO.97 -226
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
;iginator:JeffGriffm
Division Head: Sylvia Goodwin
JG
6/6/97
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COUNUCJ L
6/17/97
Introduction
7/1/97
Planning / Council
Dept. Head: Michael Knapp
Prosecutor:
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Purchasing/Budget:
Executive:
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K-lv-77
SUBJECT: An interim ordinance extending CAO Emergency Ordinance 97 -018, which amends Chapter 16.16,
Whatcom County Code, "Critical Areas" to comply with the Washington State Growth Management Act.
ATTACHMENTS.
Proposed Ordinance
SUMMARY STATEMENT.
11, County contract #: n/a
Amount budgeted for this item/project: $ n/a
Budget line item number(s): n/a
Please complete sections of box as appropriate & explain the item below.
Should Clerk schedule a hearing? NO /x/ YES // Requested date:
Is it (or will it be) within budeet? YES / / NO / / (Please explain below) n/a
The request is to extend the critical areas emergency ordinance for six months 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 -226 6/17/97: Introduced
7/1/97: Adopted 5 - 2, Brown and Sutter opposed. Ord. #97 -032
Related File Numbers: Ordinance or Resolution Number (this item only):
PrD . -4 9`7 -032
File #: SPONSORED BY: Consent
PROPOSED BY: Planning_
INTRODUCTION DATE: 6/17/97
ORDINANCE NO. 97 -032
2 AN INTERIM ORDINANCE WHICH AMENDS CHAPTER 16.16, WHATCOM COUNTY
3 CODE, "CRITICAL AREAS" TO COMPLY WITH THE WASHINGTON STATE
4 GROWTH MANAGEMENT ACT.
5 WHEREAS, the Washington State Legislature passed the Growth Management Act in 1990 and
6 amended it in 1991, requiring counties and cities to define, identify, and manage environmentally critical
7 areas and ecosystems; and
8 WHEREAS, on May 26, 1992 at a public meeting, the Council unanimously approved the
9 unanimous recommendations of the Planning Commission to adopt a Critical Areas Ordinance (92 -032);
10 and
11 WHEREAS, in November, 1992, the County Auditor validated over 11,000 signatures to a
12 petition to strike certain provisions from the original CAO and put the petition on the ballot as
13 Referendum 92 -3, and on November 2, 1993, a majority voted to support the referendum version of the
14 CAO; and
15 WHEREAS, the referendum process was appealed to the Growth Hearings Board; and
16 WHEREAS, on June 30, 1994 the Growth Hearings Board ruled that SEPA must be applied to
7 the amended CAO; and further ruled that the referendum process did not comply with the expanded
3 public participation required by GMA and remanded the CAO back to the County for compliance; and
19 WHEREAS, in April, 1995 at a public meeting, the Council approved the recommendations of
20 the Planning Commission to bring the Critical Areas Ordinance ( #95 -019) into compliance with the
21 Growth Management Act; and
22 WHEREAS, the April, 1995 CAO ( #95 -019) was appealed to the Growth Hearings Board; and
23 WHEREAS, on Dec 20, 1995 the Growth Hearings Board invalidated Articles IX (Wetlands),
24 X (River and Streams), XI (Fish Habitat Conservation Areas), and XII (Wildlife Habitat Conservation
25 Areas) citing non - compliance with the Growth Management Act and remanded the CAO back to the
26 County for compliance within 120 days ;f the order; and
27 WHEREAS, in January, 1996, the County Council reaffirmed its intent to pursue negotiations
28 with State representatives in order to achieve agreement on the content of the Whatcom County Critical
29 Areas regulations; and _
30 WHEREAS, in a series of five work sessions, the County met with State representatives to better
31 understand and respond to the December 20, 1995, Growth Hearings Board ruling and the State's
32 concerns and, subsequently, developed a response to the Board's ruling; and
33
34 WHEREAS, on April 30, 1996, voted to approve Ordinance #96 -017; and
�16 WHEREAS, the referendum process was appealed to the Growth Hearings Board; and
1 WHEREAS, The Growth Hearings Board ruled on September 12, 1996 to invalidated Articles
2 IX (Wetlands), X (River and Streams), XI (Fish Habitat Conservation Areas), and XII (Wildlife Habitat
3 Conservation Areas) citing non - compliance with the Growth Management Act and remanded the CAO
4 back to the County for compliance within 180 days of the order; and
5 WHEREAS, the County determined that an emergency ordinance containing the original Critical
6 Areas Ordinance ( #92 -032) would be the most expedient compliance move; and
7 WHEREAS, a Determination ofNon- Significance was issued for Ordinance #92 -032 on January
8 14, 1992 and no changes have been made to the ordinance submitted herein; and
9 WHEREAS, The County Council held a regular Public Hearing on March 11, 1997, and re-
10 adopted Ordinance No. 92 -032 as Ordinance No. 97 -012 on an emergency basis for a -sixty day period;
11 and
12 WHEREAS, The County Council extended the above emergency ordinance for an additional
13 sixty day period on May 6, 1997 through Ordinance #97 -018; and
14
15 WHEREAS, after two public hearings and five work sessions the Planning Commission requires
16 further time to formulate a recommendation on the final critical areas ordinance; and
17 WHEREAS, RCW 36.70.795 provides for the adoption of interim official controls for effective
18 periods of up to six months, and allows the adoption of interim official controls prior to a public hearing
19 if such hearing is held within 60 days of its adoption, and
20 WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
22 1. Over the course of two years, staff, working with technical assistance, community advice and
23 public input, produced a Critical Areas Ordinance (Ordinance No. 92 -032).
24 2. Substantial public and technical input took place in the CAO development process of Ordinance
25 No.92 -032 including 21 TAC meetings, 14 CAC meetings, 5 five Agriculture meetings, 3
26 workshop - Wetlands, 2 town meetings - Wetlands, 1 workshop - Geologically Hazardous Areas,
27 1 town meeting Geologically Hazardous Areas, 1 workshop - Aquifer Recharge Areas, 1 town
28 meeting - Aquifer Recharge Areas, 1 workshop -Fish Habitat Conservation Areas, 1 town
29 meeting - Fish Habitat Conservation Areas, 22 special interest meetings, 5 class presentations,
30 4 CAO presentations at conferences,
31 3. Substantial public input was considered by the Planning Commission during three (3) Public
32 Hearings and seven (7) work sessions addressing Ordinance No.92 -032.
33 4. Substantial public input was considered by the County Council during three (3) town meetings
34 and two (2) public hearings addressing Ordinance No.92 -032.
35 CONCLUSION
6 The proposed ordinance will provide adequate protection to Critical Areas and bring Whatcom County
.S7 into compliance with the Growth Management Act. The adoption process has been sufficient to comply
1 with the public participation requirements of the GMA.
2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
3 Section 1. Whatcom County hereby extends Ordinance No. 97 -018 for six months on an
4 interim basis.
5 Section 2. The Whatcom County Planning Commission shall hold a public hearing and
6 prepare findings of fact concerning the interim development regulations within sixty (60) days from
7 adoption of this Ordinance.
8 Section 3. Adjudication of invalidity of any of the articles, sections, clauses, or provisions
9 of this Ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof
10 other than the part so declared to be invalid.
11 ADOPTED this 1 day of July , 1997.
12 WHATCOM COUNTY COUNCIL
13 ATTEST: WHATCOM COUNTY, WASHINGTON
14 T
15 Dana- Brown- Davis CotxnArOerk L. Ward Nelson, Chairperson
16 APPROVED as to form: (9�A ved () Denied
17 1
18 Karen rakes, i eputy or Pete Kremeen, Executive
19 Date: / �