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Home My WebLink Aboutord1998-042WHATCOM COUNTY COUNCIL AGENDA BILL NO. 98 -213 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator: Carl Batchelor 03 518 N IIl4��► U V i �Y J1., Ary- �j r C0M ()()j a !'" r HA COl 11*1. 5/19/98 Introduction Division Head. Sylvia Goodwin 518 6/2/98 P & D / Council Dept. Head. Michael Knapp 518 Prosecutor: J.II 1 PurchasingB udget. Executive. 7 � SUBJECT. File Reference: 21 -90: CZMT An ordinance adopting the Urban Fringe Subarea Plan Land Use Element; i i i ATTACHMENTS: Proposed Ordinance with Exhibit "A" (Bellingham City Council Findings of Fact and Conclusions Regarding Final Urban Growth Areas) and Exhibit "B" (Urban Fringe Subarea Comprehensive Plan, Land Use Element, September, 1997). Related County Contract #: Should Clerk schedule a hearing: NO /X / YES % / Requested Date: SUMIVIARYSTATEMENT. After substantial public involvement and numerous public hearings, the 'rban Fringe Subarea Plan was adopted as an interim.development regulation on September 9, 1997. The Subarea Plan was originally conceived and has always been processed as an element of the Wltatcom County Comprehensive Plan. Adoption as an interim development regulation was done as a response to legal advice. The Plan was not designed and does not work as a development regulation and the Growth Management Act specifically anticipates adoption of subarea plans outside of the annual cycle for comprehensive plan amendments. ORIGINATOR'S RECOMMENDED ACTION. The Director of Planning and Development Services recommends Council adopt the proposed ordinance without any further hearings or work sessions. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District court Executive Health Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN. • 1998 - 213 5/19/98: Introduced 6/2/98: Amended & adopted 6 - 0, Dawson absent. Ord. #98- 042 Prosecutor Public Works - - Sheriff Superior Court Treasurer — Other Ordinance or Resolution Number (this item): n C &'(W4Q •ninglrezonelabll ufplan.ab! 2 3 FileRef:21- 9o:CZMT SPONSORED BY: Consent PROPOSED BY: Consent INTRODUCTION DATE: 5k/19198 ORDINANCE NO. 98 -042 ADOPTING THE URBAN FRINGE SUBAREA PLAN LAND USE ELEMENT WHEREAS, IN 1990 the Whatcom County Council and the Bellingham City Council adopted a Joint Resolution giving direction to the respective planning departments to begin work on updating the 1984 Urban Fringe Subarea Comprehensive Plan; and WHEREAS, the Bellingham City Council on February 10, 1997 forwarded Findings of Fact and Conclusions Regarding Final Urban Growth Areas and the Urban Fringe Subarea Comprehensive Plan-(Exhibit A) to the Whatcom County Council, and. WHEREAS, the proposed Subarea Plan underwent substantial review by the public and elected officials as outlined in Bellingham's Findings of Fact and Conclusions (Exhibit A); and WHEREAS, the proposed Subarea Plan underwent substantial SEPA review as described in Bellingham's Findings of Fact and Conclusions (Exhibit A); and WHEREAS, Whatcom County adopted a comprehensive plan on May 20, 1997 that designates an Urban Growth Area for the City of Bellingham consistent with the Bellingham City Council's recommendations for the Urban Fringe Subarea, and WHEREAS, the section of the Whatcom County Comprehensive Plan that describes the Comprehensive Plan Designations Map indicates that the Comprehensive Plan Designation Descriptors "are intended to be general in nature and that more specific criteria and explanation will be incorporated into subarea plans;" and WHEREAS, Land Use Action Plan item number 15 in the Comprehensive Plan directs the County to revise subarea plans'to incorporate Urban Growth Area boundaries, ensure consistency with the Plan, and eliminate redundancy in policy; and WHEREAS, on September 9, 1997, in Ordinance No. ,97 -048, the Whatcom County Council adopted the Urban Fringe Subarea Plan as an interim development regulation consistent with input from the Council's legal advisors and consistent with Policy 2L -2 of the Whatcom County Comprehensive Plan; and WHEREAS, because the Urban Fringe Subarea Plan was conceived and written as a comprehensive plan policy document and not as a development regulation it does not function as a development regulation in a manner that serves the public interest. _ WHEREAS, all public review, City and County Planning Commission hearings and work Page 1 sessions, City and County Council hearings and work sessions and SEPA review of the proposed subarea plan were conducted with the understanding and presumption that the subarea plan would be adopted by Whatcom County as part of the Whatcom County Comprehensive Plan; and WHEREAS, the Growth Management Act,. as it is codified in RCW 36.70A. 1 30(2)(a)(i) expressly anticipates the adoption of a subarea plan as a periodic amendment to a county's comprehensive plan that is exempt from the prohibition on amending the comprehensive plan no more frequently than once every year; and WHEREAS, the proposed Urban Fringe Subarea Plan (Exhibit B) provides more specific criteria and designations for land use, incorporates Urban Growth Area boundaries, ensures consistency and eliminates redundancy; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Whatcom County Council Ordinance No. 97 -048, which adopted the Urban Fringe Subarea Plan as an interim development regulation is hereby repealed in its entirety and the proposed Urban Fringe Subarea .Plan Land Use Element (Exhibit B) is hereby adopted as part of the Comprehensive Plan. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 2 day of June , 1998. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON T. APPR ED as to form: (� d () Denied l r aren Frakes, Ci it Deputy Prosecutor Pete Kremen, Executive Page 2 iXfl.13 /T A 3ET,LINGHAM CITY COUNCIL FINDINGS OF FACT AND CONCLUSIONS Final Urban Growth Areas Urban Fringe Subarea Comprehensive Plan February 10, 1997 �F Gn-b- re- E ldi 16-1+- A b 9 9 - Q 13 Qq GIB @ Qvun4j Nu rg; 1 0 �e- _ URBAN FRINGE SUBAREA _ . "COMPREHENSIVE PLAN; LAND USE ELEMENT September, 1997 Whatcom Count Executive Pete Kremen Whatcom County Council Barbara Brenner Alvin Starkenburg Tom Brown Kathy Sutter Ward Nelson, Chair Robert Imhof Marlene Dawson Whatcom County Planning Commission Rod Erickson David Simpson Gerald Landcastle, Chair Sam Crawford Oanna Beech Cheryl Ferrier Richard Gilda Bob Wiesen Rob Ney Whatcom County Planning and Development Services Department Michael Knapp, Director Planning Division Sylvia Goodwin, Manager Carl F. Batchelor, Senior Planner, Project Manager Elizabeth K. Olsen, Planner II Becky Garney, Clerk III /Receptionist Sarah Watts, Planner II, GIS Chris Behee, Planner I, GIS Jeff Griffin, Senior Planner Amy deVera, Planning Technician Jane Doughty, Administrative Secretary Sue Blake, Water Resource Planner. Whatcom County Planning Northwest Annex, 5280 Northwest Road Bellingham, WA 98226 -9094 (360) 676 -6907 j . r 61-