HomeMy WebLinkAboutord1996-029WIIATCOM COUNTY COUNCIL AGENDA BILL NO. _ 96 -248
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
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lriginator: Planning & Development
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6/25/96
Introduction
Division Head: Vickie Hardin Woods
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Dept. Head: Michael T. Knapp,
Prosecutor:
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1�Executive:
SUBJECT. • FILE REF: 09- 96:IZO AN ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE, CHAPTER 2.24A
UNTIL JULY 15,1997, OR UNTIL PERMANENT ZONING IS ESTABLISHED FOR ALL AREAS WITHIN WHATCOM
COUNTY JURISDICTION.
ATTACHMENTS: Agency Report with attached Staff Report
Excerpts from Planning Commission Minutes
Draft Ordinance
Draft Resolution
SUMMARYSTATEMENT: Please complete sections qf box as appropriate & explain the item below.
Related County contract k: n/a Should Clerk schedule a hearing? NO /X/ YES / / Requested date:
Amount budgeted for this item/ project: $ n/a is it or will it be within budget? YES / / NO / / Please explain below n/a
,udget line item number(s): n/a
Whatcom Countys Interim Zoning Ordinance, Chapter 2.24A, will expire on July 15 unless the ordinance is extended. This request is
for a one year extension or until permanent zoning is established for the fee lands of the Lummi Reservation, and private property
exclaves within the National Forest.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning & Development Services recommends the
Council uphold the Planning Commission recommendations as described in the attached resolution.
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.•
1996-248 6125/96: Introduced
7/9/96: Adopted 7 - 0. Ord. 96-029
Related File Numbers: Ordinance or Resolution Number (this itenz only):
CO
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FILE REF: INTERIM. ORD [C. :1fWV jlo INTRODUCED BY. Planning
PROPOSED BY.- PLANNING
DATE: 6/25/96
ORDINANCE NO. 96 -029
AN ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE, CHAPTER 2.24A UNTIL
JULY 15, 1997, OR UNTIL PERMANENT ZONING IS ESTABLISHED FOR ALL AREAS WITHIN
WHATCOM COUNTY JURISDICTION.
WHEREAS, Pursuant to RCW 36.70.790, Whatcom County adopted an Interim Zoning
Ordinance; and
WHEREAS, The Interim Zoning Ordinance, Chapter 2.24A of the Whatcom County Code,
is scheduled to expire on July 15, 1996; and -
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham
Herald on Thursday, June 13, 1996; and
WHEREAS, a Determination of Non - Significance was issued by the Deputy SEPA Official
on June 12, 1996; and
WHEREAS, the Planning Commission held a public hearing on this matter on Thursday,
June 13, 1996, and heard all public testimony on the issues and after due deliberation made
a determination that the ordinance be extended; and
WHEREAS, the Council reviewed the Planning Commission recommendation at a regular
meeting on DATE.
WHEREAS, the Council has adopted the following findings and conclusions which were
developed by staff and the Planning Commission:
FINDINGS
1. Pursuant to RCW 36.70.790, Whatcom County adopted an Interim Zoning Ordinance.
2. Areas under the present jurisdiction of the Interim Zoning Ordinance include certain lands
within the Lummi Reservation and private property exclaves within the National Forest.
3. The County has established permanent zoning in eleven geographic subareas and is
ready to proceed with exclaves in the National Forest.
4. The Interim Zoning Ordinance, Chapter 2.24A of the Whatcom County Code, is
scheduled to expire on July 15, 1996.
5. Unless it is extended, the Interim Zoning Ordinance will expire prior to the implementation
of permanent zoning in certain areas of the County leaving those areas without county
zoning.
6. Whatcom County desires to cooperate with the Lummi Tribe in achieving compatible
zoning and enforcement of that zoning within the boundaries of the Reservation.
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FILE REF: INTERIM. ORD [c.-V2121J jlo
Page 2
7. Two main issues, water purveyorship and land use jurisdiction, should be resolved before
cooperative land use planning is considered again.
8. Water resource issues are currently being addressed through government to government
negotiations over the use of groundwater resources underlying the reservation.
CONCLUSIONS
It is in the County's best interest to extend the Interim Zoning Ordinance. An extension of one
year would allow enough time to plan for the exclaves within the National Forests and to make
significant progress with the Lummi Nation on cooperative planning efforts.
All of the above paragraphs represent Findings of Fact by the Whatcom County Council.
Based upon these Findings of Fact, it is declared that enactment of this ordinance will promote
the public health, safety and general welfare.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
Section 1. The Interim Zoning Ordinance, Chapter 2.24A of the Whatcom County
Code, is hereby extended to July 15, 1997, or until permanent zoning is established for all areas
within the jurisdiction of Whatcom County, whichever is first.
Section 2. Adjudication of invalidity of any 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.
PASSED this 9
ATTEST:
Clerk of the Council
day of July
APP OVED AS TO FORM:
wren Frakes
Civil Deputy Prosecuting Attorney
1996.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
IyAd. — ik:::�,
E. Ward Nelson, Ch irperson
( PROVED ()VETOED
Pete Kremen, County Executive
Date % —/,� —1�6