HomeMy WebLinkAboutord1996-006WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1996 -19 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned To.
Originator County Council
01/23/96
1/23/96
Council
Division Head:
Dept. Head:
Prosecutor
Purchasing/Budget:
Executive:
SUBJECT.•
Emergency ordinance declaring the adoption of interim urban growth areas
ATTACHMENTS:
Ordinance
SUMMARYSTATEMENT.• Please complete sections of box as approptiate & explain the item below.
Related County Contract #: Should clerk schedule a hearing? (Y/N) N Requested Date:
An emergency ordinance declaring the adoption of iterim urban growth areas in accordance with the Growth management
act as amended.
CLERK'S RECOMMENDED MOTION (for final action):
I move to approve....
COUNCIL ACTION TAKEN.-
1/23/96: Adopted as amended 7 -0.
Related File Numbers: Ordinance or esolution Number (this item only):
96 -019 96 -006
IUGA.EmergenryOrd
SPONSORED BY:
PROPOSED BY: consent
INTRODUCTION DATE: 1/ 23 / 96
1 ORDINANCE NO.96 -006
2 AN EMERGENCY ORDINANCE DECLARING THE ADOPTION OF INTERIM
3 URBAN GROWTH AREAS IN ACCORDANCE WITH THE GROWTH
4 MANAGEMENT ACT AS AMENDED
5 WHEREAS, Chapter 16.04 of the Whatcom County Code (WCC) established the
6 Planning Goals and Policies for the 1970 Whatcom County Comprehensive Plan; and
7 WHEREAS, said goals include (1) concentrating urban development to prevent
8 sprawl and assure adequate public facilities; (2) recognizing that development in rural areas
9 should be low density and should complement the rural character; (3) conserving agricultural,
10 and forestry lands; (4) limiting the demand for urban services; and (5) developing land use
11 regulations intended to implement the adopted goals; and
12 WHEREAS, from 1981 through 1994, the County adopted subarea plans that
13 included more specific policies to limit urban sprawl and to specify that development in
14 rural areas should be low density that complements the existing rural character; and
15 WHEREAS, RCW 36.70A 110 (5) of the Growth Management Act requires Counties
16 to adopt Interim Urban Growth Areas (IUGAs); and
17 WHEREAS, the Cities proposed IUGAs and the County considered these areas
18 along with various alternatives for growth areas not associated with Cities; and
19 WHEREAS, the County prepared an Environmental Impact Statement (EIS) on the
20 IUGAs including four alternatives and issued a final EIS on January 11, 1994, and
21 subsequently prepared a second Draft Supplemental Environmental Impact Statement, May
22 16, 1994; and
23 WHEREAS, Ordinance 94 -033, establishing interim urban growth areas, was adopted
24 by the Whatcom County Council on May 24, 1994; and
25 WHEREAS, subsequent to adoption of IUGAs, County Planning staff completed
26 the draft Whatcom County Comprehensive Plan, dated November 1994; and
27 WHEREAS, Community Value Statements, included in the draft Whatcom County
28 Comprehensive Plan, are based on an extensive public participation process, as required in
Page 1
1 RCW 36.70A.140, and are the foundation upon which the policies in the plan are
2 formulated; and
3 WHEREAS, the draft Whatcom County Comprehensive Plan includes the land
4 capacity analysis for city urban growth areas as required in the Growth Management Act;
5 and
6 WHEREAS, the draft Whatcom County Comprehensive Plan includes a section on
7 County unincorporated urban growth areas that establishes policy basis and discussion of the
8 unincorporated growth area categories; and
9 WHEREAS, the County prepared a draft EIS, dated February 15, 1995, on the draft
10 Whatcom County Comprehensive Plan; and
11 WHEREAS, the County held a series of joint County Council /Planning Commission
12 introductory work sessions in November and December 1994 and four public hearings from
13 January through March 8, 1995 on the draft Whatcom County Comprehensive Plan; and
14 WHEREAS, the public record was held open for written comments on the draft plan
15 until March 17, 1995; and
16 WHEREAS, all comments were collected and compiled by topic area, including
17 proposed urban growth areas; and
18 WHEREAS, the Planning Commission has held 35 work sessions since March 1995
19 reviewing the draft Comprehensive Plan, chapter by chapter; and
20 WHEREAS, on November 9, 1994, the Growth Management Hearings Board
21 ordered the County to establish IUGAs at municipal boundaries that were not to be
22 extended without proper analysis of current data and without appropriate public
23 participation; and
24 WHEREAS, the Growth Management Hearings Board, further ordered the County
25 to adopt development regulations that prohibit new urban growth in areas outside properly
26 established IUGAs; and
27 WHEREAS, the Growth Management Hearings Board ruled on February 23, 1995,
28 that the County had taken no steps to rectify the noncompliance and that the original
29 noncompliance continued; and
30 WHEREAS, the Growth Management Hearings Board issued a second compliance
31 order on December 28, 1995, remanding the matter to Whatcom County with direction to
32 achieve compliance by January 19, 1996; and
Page 2
1 WHEREAS, the Growth Management Hearings Board set a further hearing on
2 January 30, 1996, to address whether the County IUGA ordinance should be found invalid,
3 pursuant to the standards found in RCW 36.70A.300(2); and
4 WHEREAS, the representatives of the County Council and the County Executive met
5 with officials of the Washington State Department of Community, Trade, and Economic
6 Development and agreed to work toward compliance with the order of the Growth
7 Management Hearings Board; and
8 WHEREAS, the County Council, at a public meeting on January 4, 1996, expressed
9 its intent to comply with the Growth Management Hearing's Board order to achieve
10 compliance in the matter of IUGAs by adopting new IUGAs; and
11 WHEREAS, the draft Comprehensive Plan proposes final UGAs; and
12 WHEREAS, RCW 36.70.795 establishes a procedure for Counties to adopt interim
13 official controls; and
14 WHEREAS, in order to meet the date designated by the Growth Hearings Board,
15 the Council deemed it necessary to proceed with adopting an interim official control to
16 establish new IUGAs based on proposed final UGAs in the draft Whatcom County
17 Comprehensive Plan; and
' 8 WHEREAS, the Planning Commission issued a report on January 11, 1996, to the
A County Council on the proposal to adopt the draft Comprehensive Plan proposed final
20 UGAs as new interim UGAs; and
21 WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the
22 Bellingham Herald on January 13, 1996; and
23 WHEREAS, the Council held a public hearing on January 23, 1996; and
24 WHEREAS, consistent with County -wide Planning Policies, the draft Comprehensive
25 Plan recommends growth boundaries to accommodate a population of 189,100 people in
26 2010, plus a market factor of 150 %, resulting in a need for growth boundaries to
27 accommodate 215,000 people; and
28 WHEREAS, the Office of Financial Management has revised growth projections for
29 Whatcom County. The OEM's Medium Series (most likely) Projection for the year 2010 is
30 192,506, reducing the market factor to less than 123 %; and
31 WHEREAS, the Office of Financial Management's Medium Series (most likely)
32 Projection for the year 2015 is 208,242 and Cities have planned urban growth boundaries
33 to the years 2014 and 2015, further reducing the market factor; and
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1.6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
WHEREAS, RCW 36.70A.110 (2) was amended to allow Cites and Counties
discretion to set a reasonable land market supply factor; and
WHEREAS, a further analysis has been prepared for County Unincorporated Urban
Growth Areas as contained in findings; and
WHEREAS, each of Whatcom County's Cities prepared findings to justify their
IUGAs as contained in Findings, that are adopted as Exhibit B; and
WHEREAS, the Council finds the amendments to be in the best interests of the
public health, safety, and welfare; and
Declaration of Emergency
WHEREAS, the Council adopts the following Findings and Conclusions:
Findings
1. Due to the activity by the Growth Hearings Board, including the January 19,
1996, compliance deadline, and the threat of a finding of invalidity, it is
necessary for this ordinance to take effect as soon as possible.
2. The public welfare could be severely jeopardized by a finding of invalidity by
the board.
Conclusion
This ordinance is necessary for the immediate preservation of the public
peace, health, or safety, and /or the support of the County government.
WHEREAS, the Council adopts the following Findings and Conclusions:
Findings
1. Whatcom County has an extensive growth management based comprehensive
planning history including the adoption of 1979 County Planning Goals and the
completion of ten subarea plans.
2. The proposed Whatcom County Comprehensive Plan, currently in draft form,
(hereinafter referred to as the 'Plan, "), completed November 17, 1994, includes an
analysis of urban growth areas that is based on the proposed boundaries by the cities
of Whatcom County. The proposed Plan recommends preliminary, final Urban
Growth Areas that considers the in -fill capacity of each city, twenty year growth
needs, the in -fill capacity of proposed urban growth areas, and the resulting densities.
Page 4
1 The analysis is based on the year 2010 as a target year, but includes discussion of city
2 projected needs and boundaries for a range of years from 2010 to 2015.
3 3. The Plan is based on a population projection of 189,100 in the year 2010, as adopted
4 in the County -wide Planning Policies (CWPPs).
5 4. Subsequent to adoption of the CWPPs and the completion of the Plan, the Office of
6 Financial Management issued revised population figures for the county. The new
7 numbers projected a mid -range population of 192,506 for the year 2010 and a mid -
8 range population of 208,242 in 2015.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
City UGAs
5. The City of Bellingham's findings support proposed interim UGA slightly smaller
than the area proposed in the draft Whatcom County Comprehensive Plan.
6. The City of Blaine's findings support a proposed interim urban growth area
consistent with the one proposed in the draft Whatcom County Comprehensive Plan,
and includes a conditional area identified as a water resource protection area. Policy
2R -1 in the Plan requires adoption of a Critical Aquifer Recharge Protection Plan
as a prerequisite for inclusion of the conditional area as part of Blaine's urban
growth area.
7. The City of Ferndale's findings support a proposed interim urban growth area slightly
different from the one proposed in the draft Whatcom County Comprehensive Plan.
The findings support Ferndale's UGA as a whole, with the exception of the area east
of Ferndale, but do not specifically address the differences from the proposed Final
UGAs in the Plan. Additional findings with regard to the area east of Ferndale are
as follows:
A) The area east of Ferndale consists of a unique small community known
historically as North Bellingham, which is mixed in types of housing
and very independent in nature, having its own school, grange, grocery
stores, churches, gas stations, and fire station.
B) Throughout extensive public process, testimony for the Final UGAs
overwhelmingly supported exclusion of the North Bellingham area
from Ferndale's UGA.
C) The North Bellingham area is the only buffer between Bellingham and
Ferndale.
D) Northwest Road, which cuts through the North Bellingham area, is a
good alternate north -south connector for those wishing to avoid Guide
Meridian. It takes some burden off Guide Meridian. Increased
densities would serve to congest this major arterial.
Page 5
1 E) Ferndale's IUGA is more regular by eliminating the North Bellingham
2 area.
3 F) The residents of the North Bellingham area have overwhelmingly
4 supported maintaining their unique identity, separate from Bellinngham
5 or Ferndale.
6 G) Retaining North Bellingham's unique character is consistent with
7 finding #34 of the substitute ordinance.
8 8. The Cities of Everson, Lynden and Nook-sack's findings support an interim urban
9 growth area the same as the one proposed in the Plan.
10 9. The City of Sumas is surrounded by floodplain. Goal 2W states that Sumas should
11 set an Urban Growth Area which accommodates future growth needs and recognizes
12 the unique constraints imposed by flooding of the Sumas and Nooksack Rivers. The
13 County proposed UGA includes a conditional area suggested by Sumas as being
14 inappropriately classified as floodplain. Policy 2W -2 requires completion and
15 adoption of a flood study for the area due east of Sumas prior to inclusion in the
16 final urban growth boundary.
17 County Unincorporated UGAs
18 10. The Plan categorizes County Unincorporated UGAs as follows:
19 A) Areas which are already platted and will be allowed to continue to
20 build out, but will not be encouraged to expand;
21 B) Areas which are already platted and /or presently have zoning and
22 adequate provision for utilities which could allow future expansion;
23 C) Existing or proposed major industrial areas which, because of specific
24 location needs, are not contiguous to cities; and
25 D) Hamlets or small unincorporated urban areas with partial services
26 which will be designated and encouraged to grow subject to need and
27 when a full range of services are provided.
28 11. RCW 36.70A.110(3) suggest that urban growth should be located in the following
29 priority:
30 A) Areas already characterized by urban growth that have adequate public
31 facilities.
32 B) Areas already characterized by urban growth that will be served
33 adequately by a combination of both existing public facilities and
34 services and any additional needed public facilities that are provided
35 by either public or private sources.
36 C) Other urban growth areas.
37
38 12. The Planning Division's Staff Report, dated February 8, 1995, provided analysis of
Page 6
1 the capability of water service provision to the County's Unincorporated UGAs and
2 indicated that all urban growth areas should include some strategy for the delivery
3 of water services.
4
5 13. The proposed County Unincorporated UGAs were developed as a result of an
6 extensive public process specifically articulated in the Visioning Value Statements
7 and reflected throughout the Land Use Chapter of the Plan and were evaluated
8 against the Growth Management Act requirements.
9 County Unincorporated Residential UGAs
10 14. Population distribution for the County Unincorporated Residential Urban Growth
11 Areas (UGAs) for the next twenty years project the need to accommodate 3,282
12 more people within four major residential areas, with the potential for several small
13 Hamlets.
14 15. County UGAs are based on subarea planning efforts developed between the years
15 1981 and 1994. These plans identified urban reserve areas located in areas which are
16 either adjacent to existing, specified municipalities, or are satellite areas that are of
17 sufficient size to adequately accommodate the projected demands for residential and
18 commercial growth. They are located in areas where a range of urban services
19 presently exist or can be economically and efficiently provided in the near future.
20 Zoning densities in these areas are limited to one unit per five acres until such time
21 as both water and sewer can be provided. In no case have any additional growth
'7,2 areas been proposed beyond those identified in this earlier planning effort.
23 16. By the year 2010, potential population distribution among the unincorporated
24 residential UGAs indicates the Birch Bay UGA (Map A -8a -I) will absorb 1,149
25 people; the Sudden Valley UGA (Map A -8d -I) will absorb 1,213 people; the Paradise
26 Lakes /Peaceful Valley UGA (Map A -8b -I) will absorb 361 people; and the Point
27 Roberts UGA (Map A -8c -I) will absorb 459 people. The remaining 100 people will
28 be accommodated within the creation of small Hamlets.
29 17. County unincorporated residential UGAs contain a total of 9,279 acres.
30 18. The Birch Bay UGA (Map A -8a -I) is based on zoning established by Birch
31 Bay /Blaine Subarea Plan, adopted in September 1987. This zoning pattern is
32 intended to accommodate historical development patterns and estimated future
33 demands. There are 4,166 acres of land designated for residential use; 39 acres for
34 industrial use; and 480 acres for commercial use. In 1990, the area contained a
35 population of 2,307 with 2,471 dwelling units. Using a market factor of 150 %, the
36 area must accommodate an additional 1,846 dwelling units. Densities are expected
37 to increase by 43 %. The Birch Bay area has traditionally been an area of
38 recreational use with over 50% of the parcels in Canadian ownership. The
39 speculative nature of development in the area and the close link to the Canadian
Page 7
N
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
12
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
economy have made predicting residential demands very difficult. The area is served
with water and sewer by the Birch Bay Water and Sewer District.
19. The Sudden Valley UGA (Map A 8d -I) is based on zoning established by the Lake
Whatcom Subarea Plan adopted in August 1982. The zoning pattern is intended to
accommodate historical development patterns and estimated future demands. There
are 1,694 acres of land designated for residential use and 20 acres designated for
commercial use.. In 199% the area contained a population of 2,592 and 1,388
dwelling units. Using a market factor of 150 %, the area must accommodate an
additional 974 dwelling units. Densities are expected to increase 41 %. Platting
patterns in the area were established in the 1970s. Well over 90% of the land area
within the UGA is already platted. The area is served with water and sewer by
Water District 10. The Sudden Valley UGA is consistent with findings #34; the
existing pattern of zoning represents prior zoning commitments to residents, and was
an important consideration in setting urban growth boundaries.
20. The Paradise Lakes /Peaceful Valley UGA (Map A 8b -I) is based on zoning
established by the Foothills Subarea Plan adopted in November 1988. The zoning
pattern is intended to accommodate historical development patterns and estimated
future demands. There are 1,055 acres of land designated for residential use. In
1990, the area contained 726 people and 970 dwelling units. Using a market factor
of 150 %, the area must accommodate an additional 723 dwelling units. Densities are
expected to increase by 43 %. 75% of the UGA area consists of platted lots. It has
potential to be served by water and sewer.
21. The Point Roberts UGA (Map A -8c -I) is based on zoning established by the Point
Roberts Subarea Plan adopted in 1990. The zoning pattern is intended to
accommodate historical development patterns and estimated future demands. There
are 1,899 acres of land within the area designated for urban levels of development,
of which, 1,572 acres are residential, 316 acres are commercial, and 11 acres are
industrial. In 1990, the area contained 923 people and 1,798 dwelling units. Using
a market factor of 150 %, the area must accommodate an additional 1,341 dwelling
units. The density is expected to increase by 43 %. Point Roberts is a particularly
unique area of the United States. While it is part of Whatcom County, it is not
contiguous to the US border, but exists as a peninsula. Travel into Point Roberts
requires crossing through Customs at the Canadian border; thus, the Canadian
economy has very heavily influence Point Roberts growth and development patterns.
The area is a popular Canadian resort and over 80% of the land is owned by
Canadian citizens. Much of the area has already been platted. It is served by water
and sewer.
22. The remaining Unincorporated Residential UGAs, the Acme and Glacier areas
(Maps A -8d -III and A- 8b -IV), are envisioned as potential Hamlet areas that are not
intended to absorb major population allocations.
Page 8
1 23. The proposed County Unincorporated Residential UGAs reflect existing
2 development patterns which are a result of the unique location of Whatcom County
3 adjacent to the Canadian border. Large resort areas exist for Canadian citizens,
4 malting it difficult to predict market demands and population projections.
5 County Unincorporated Commercial UGAs
6 Maps A- 8a -IV, A -8a -V, A- 8a -VI, A -8a -VII, A -Bb -I, A -Bb -II, A -Bb -III, A -8c -II, A -8d -IV
7 24. There are 486 acres of land designated as County Unincorporated Commercial UGA,
8 Of this number, 404 acres are designated General Commercial, intended to provide
9 a range of retail goods and services to the surrounding community; 40 acres are
10 designated Tourist Commercial, intended to serve the traveling public; and 42 acres
11 are designated Neighborhood Commercial, intended to provide goods and services
12 to persons residing within a neighborhood trade or service area.
13 25. Commercial zoning was established in various subarea plans based on existing
14 development patterns and future demands for rural services.
15 26. Commercial areas along Guide Meridian (Maps A -8a -V, A- 8a -VI, A -8 -VII) have
16 been under study in the Whatcom County Council of Government and the
17 Washington State Department of Transportation Guide Meridian Corridor Study. The
18 draft study considers access management plans for Guide Meridian and addresses the
19 issues of traffic safety, circulation and access, infrastructure, and business
10 competition. There has been an extensive public involvement process for owners of
21 property along the Guide Meridian Corridor. The study suggests that no downzoning
22 occur, a "cottage industry corridor" be encouraged using existing zoning and transfer
23 of development rights, and the preservation of the floodplain and agricultural areas
24 north of Lynden. Existing zoning is consistent with this proposal.
25 County Unincorporated Industrial UGAs
26 27. The Whatcom County Industrial Lands Inventory was completed August 30, 1995.
27 The inventory indicates there are a total of 10,385 acres of land zoned for industrial
28 development in unincorporated Whatcom County. Of that area, there are 4,371 acres
29 unconstrained by wetlands and available for development. Only 99 acres are served
30 with water, sewer, and all weather roads.
31 28. County Unincorporated Industrial UGAs include 8,109 acres of industrially zoned
32 land. Of this, 6,578 acres are zoned for Heavy Industrial use; 1,156 acres are zoned
33 for Light Impact Industrial use; 26 acres for General Manufacturing; and 225 acres
34 of Gateway Industrial.
35 29. Industrial zoning was established in various subarea plans based on existing
36 development patterns and the need to provide a reasonable supply of land for
37 ancillary uses to the manufacturing and commercial sectors, as well as the need to
Page 9
provide large areas away from urban development for heavy industrial uses.
2 30. The underlying rationale of Gateway Industrial (Map A 8a -III) is to supply a
3 reasonable amount of land for displaying industrial capabilities and to allow for
4 phased expansion in areas so that each phase presents a healthy economic image.
5 Locational criteria requires proximity to major international transportation routes,
6 potential availability of sewer, water and storm drainage facility and labor pool
7 supply within 45 minute commute.
8 31. The Light Impact Industrial zone at Custer (Map A -8a -III) was established with a
9 zoning amendment adopted in March 1995. Findings for the rezone included
10 reference to earlier Birch Bay /Blaine Subarea Plan language that indicated a need
11 for industrial land adjacent to rail access and changed circumstances since the
12 subarea plan's adoption which indicated a need for additional land in this location,
13 including the re- establishment of Amtrak Service, recognition of the need for
14 industrial jobs, and the availability of gas and electrical power. This is a unique
15 transportation area. The zoning amendment underwent SEPA review and extensive
16 public participation. The results of the Visioning Process established that Whatcom
17 County citizens support industrial development along the I -5 corridor.
18 32. The proposed County Unincorporated Industrial Areas include sufficient land area
19 to cover a reasonable market supply factor for the short-term, but do not propose
20 any additional areas to address long -term needs. In the long -term, it will be
11 necessary to consider the creation of additional industrial zoning to enhance the tax
G2 base for rural school districts and to provide sufficient variety of parcel sizes and
23 serviced industrial land.
24 33. The majority of developable acres within County unincorporated UGAs are located
25 in the Cherry Point area which will be considered as a major industrial development
26 in Final UGAs.
27 34. The existing pattern of zoning, representing prior zoning commitments to residents
28 was an important consideration in setting urban growth boundaries.
29 35. The Plan, including the proposed UGAs, developed in conjunction with and in
30 response to a lengthy public involvement process that included the creation of citizen
31 committees, a fair booth at the August 1993 Northwest Washington Fair, sixteen
32 Town Hall meetings, 12,000 written surveys, a statistically -valid phone survey,
33 development of Community Value Statements and Land Use Alternatives, and an
34 additional fourteen Town Hall meetings.
35 36. RCW 36.70A.060 requires Counties to assure the conservation of agricultural, forest,
36 and mineral resource lands through the adoption of designations and development
37 regulations.
Page 10
1 37. Outside of proposed urban growth areas, the County has 86,619 acres of agricultural
2 land designation, restricting densities to one dwelling unit per 40 acres; 187,552 acres
3 of forestry designation with development regulations prohibiting residential
4 development; 33,703 acres of forestry designation, restricting development to one
5 dwelling unit per twenty acres; and 1,252 acres of mineral resource land designation,
6 restricting development to one unit per twenty acres, and there exists over 940,000
7 acres of public owned land in Whatcom County, in addition to the land previously
8 cited.
9 38. Inside proposed urban growth areas, there are 1,759 acres of land presently zoned
10 for agriculture, no areas designated as forestry resource lands, and 120 acres of land
11 designated as mineral resource.
12 39. Whatcom County Code, Chapter 16, adopted in 1979, contains Planning Goals for
13 Whatcom County which require concentration of urban growth, elimination of sprawl,
14 protection of resource lands and rural character. Chapter 16 also requires adoption
15 of land use regulations to implement these policies. Title 20, Whatcom County
16 Zoning Code, was revised specifically to implement the Planning Goals.
17 40. RCW 36.70A 070 (5) requires Counties to include a rural element which permits
18 land uses that are compatible with the rural character of such lands and provides for
19 a variety of rural densities.
10 41. Outside of proposed urban growth areas, the County presently has 26,861 acres zoned
21 Rural Ten Acre (R10A), restricting densities to one unit per ten acres; 77,357 acres
22 zoned Rural Five Acres (R5A), restricting densities to one unit per five acres; 5,213
23 acres zoned Rural Two Acre (R2A), restricting densities to one unit per two acres;
24 1,867 acres zoned Rural Residential One (RR1), restricting densities to one unit per
25 acre; 4,124 acres zoned Rural Residential Two (RR2), restricting densities to one
26 unit per acre unless either public water or sewer is available, in which case two units
27 per acre is allowed; 542 acres zoned Rural Residential Three (RR3), restricting
28 densities to one unit per acre unless public water or sewer is available, in which case
29 three units per acre are allowed; and 2,612 acres zoned Rural Residential Island
30 (RRI), restricting densities to one unit per five acres when located in an aquifer
31 recharge area and one dwelling unit per three acres when not in an aquifer recharge
32 area.
33 42. The citizens of Whatcom County have made it clear that they do not support
34 downzoning. Many arguments have been made by local citizens against downzoning
35 including: (1) property owners' expectations based upon existing zoning, and
36 legitimate claims of entitlement to that zoning, (2) the need to ensure stability,
37 fairness, and predictability in land use planning, (3) the Growth Management Act's
38 goal to avoid arbitrary and discriminatory actions or takings of property without just
39 compensation, RCW 36.70A.020(6), and (4) the County's duty to avoid violating the
Page 11
1 Taking, Equal Protection, and Due Process clauses of the U.S. Constitution, Fifth
2 and Fourteenth Amendment, corresponding provisions of the Washington State
3 Constitution, and the County's recent Charter Amendment No. 2, and the adverse
4 effects upon County taxpayers which could result from claims being asserted against
5 the County under these provisions.
6 43. Planning Commission and Council work schedules to complete the comprehensive
7 plan, most likely, will prohibit any further rezones from receiving final Council
8 approval before adoption of final UGA boundaries.
9 Conclusions
10 1. The analysis of proposed final UGAs included in the draft Whatcom County
11 Comprehensive Plan (Plan), in conjunction with the further analysis prepared for
12 adoption of this ordinance, is based on population projections and market factors
13 consistent with the requirements of the Growth Management Act and is sufficient to
14 meet the land capacity analysis required by the act.
15 2. The land capacity analysis findings submitted by the cities, and further findings by the
16 County support the size and location of the Interim Urban Growth Areas for cities.
17 The Interim Urban Growth Area adopted by this ordinance for the City of
18 Bellingham is smaller than included in the proposed Whatcom County
19 Comprehensive Plan. The Interim Urban Growth Area adopted by this ordinance for
i.0 the City of Ferndale is the same as that cited in the proposed Whatcom County
Gl Comprehensive Plan and as modified in Finding #7 herein, although Ferndale
22 proposed a slightly different boundary.
23 3. The land capacity analysis and the policy basis of the Plan support the size and
24 location of the County unincorporated Urban Growth Areas (UGAs).
25 4. There has been sufficient public process to meet the requirements of the Growth
26 Management Act in considering the proposed final urban growth areas of the Plan.
27 This process has included the. Comprehensive Plan Visioning Process, four public
28 hearings, and multiple work sessions.
29 5. The existing Whatcom County Development regulations limit uses sufficiently to
30 prevent new urban development from occurring outside logically established IUGAs
31 until the Plan is completed.
32 6. These densities and uses outside urban growth areas are rural for purposes of this
33 ordinance, and it is the intent of this ordinance to allow development and use of
34 property in these zones in accordance with existing zoning. To avoid litigation on
35 these issues, and in response to the overwhelming desire of the citizenry, downzoning
36 is not being proposed. Existing zoning is consistent with a coherent rural vision for
Page 12
1 Whatcom County which provides for a variety of uses and densities, including a
2 variety of residential options, see, e.g. RCW 36.70A.020(4).
3 NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
4 Section 1. This ordinance is imposed on an emergency basis to protect the public health,
5 safety, and general welfare and will take effect immediately upon passage and
6 will be effective until Ordinance No.g6_.,00 becomes effective.
7 Section 2. The Interim Urban Growth Area for the City of Bellingham as presented in
8 the attached map (Exhibit A -1) be accepted.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 3. The Interim Urban Growth Area for the City of Blaine as presented in the
attached map (Exhibit A -2) be accepted.
Section 4. The Interim Urban Growth Area for the City of Blaine will include the
conditional areas as identified in the attached map (Exhibit A -2).
Section 5. The Interim Urban Growth Area for the City of Everson as presented in the
attached map (Exhibit A -3) be accepted.
Section 6. The Interim Urban Growth Area for the City of Ferndale as presented in the
attached map (Exhibit A -4) be accepted.
Section 7. The Interim Urban Growth Area for the City of Lynden as presented in the
attached map (Exhibit A -5) be accepted.
Section 8. The Interim Urban Growth Area for the City of Nooksack as presented in the
attached map (Exhibit A -6) be accepted.
Section 9. The Interim Urban Growth Area for the City of Sumas as presented in the
attached map (Exhibit A -7) be accepted.
Section 10. The Interim Urban Growth Area for the City of Sumas will include the
conditional area as identified in the attached map (Exhibit A -7).
Section 11. The Interim Urban Growth Areas for Unincorporated Whatcom County as
presented in the attached map (Exhibit A -8, [a -d]) be accepted.
Section 12. The County will oppose any annexation outside the boundaries of an IUGA
until the IUGA has been amended or replaced by a final UGA.
Section 13. The IUGAs are intended to be in effect until such time as final urban growth
areas are recommended by the Planning Commission and approved by the County Council,
Page 13
1 not to exceed eight months from time of adoption of this ordinance as provided in the work
2 plan attached as Exhibit C.
3 Section 14. Adoption of this ordinance replaces Ordinance # 94 -033.
4 Section 15. Adjudication of invalidity of any of the sections, clauses, or provisions of this
5 Ordinance shall not affect or impair the validity of the Ordinance as a whole
6 or any part thereof other than the part so declared to be invalid.
7 ADOPTED this 23 day of January , 1996.
8
9
10
11
WHATCOM COUNTY COUNCIL
Dana Brown Davis, Council
2 APPROVED as to form & content: (4 Approved () Denied
13
14 Senior Civil Deputy Prosecutor Pete Kremen, Executive
15 Date:
Page 14