HomeMy WebLinkAboutord1995-004WHATCOM COUNTY COUNCIL AGENDA BILL NO. 94 -549C
CLEARANCES
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Date
Date Received in Council Office:
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'lriginator.
Division Head:
2/7/95
County Council
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ORIGINATOR'S RECOMMENDED ACTION:
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COUNCIL ACTION TAKEN:
2/7/95: Adopted 6 -0
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Ordinance or Resolution Number (this item only):
ORD. 95 -004
crlram.ord 2 /8/95 SPONSORED BY: CONSENT
ns94-M8c PROPOSED BY: PLANNING
INTRODUCTION DATE: 217195
ORDINANCE NO. 95 -004
2 AN EMERGENCY ORDINANCE EXTENDING THE TERMS OF ORDINANCE #94
3 078, ADOPTING CRITICAL AREAS REGULATIONS FOR SIXTY DAYS
4 WHEREAS, the Washington State Legislature passed the Growth Management Act
5 (GMA) in 1990, and amended it in 1991, requiring counties and cities to define, identify,
6 and manage environmentally critical areas and ecosystems; and
7 WHEREAS, on May 26, 1992, at a public meeting, the Council unanimously approved
8 the recommendations of the Planning Commission to put into law a temporary Critical
9 Areas Ordinance (CAO); and
10 WHEREAS, in November 1992, the County Auditor validated over 11,000 signatures
11 to a petition to strike certain provisions from the original CAO and put the petition on the
12 ballot as Referendum 92 -3, and on November 2, 1993, a majority voted to support the
13 referendum version of the CAO; and
14 WHEREAS, the referendum process was appealed to the State Growth Hearings
15 Board; and
16 WHEREAS, on June 30, the Growth Hearings Board ruled that the State
17 Environmental Policy Act (SEPA) must be applied to the amended CAO and further ruled
18 that the referendum process did not comply with the expanded public participation required
19 by GMA and remanded the CAO back to the county for compliance; and
20 WHEREAS, the County Council passed a resolution on June 28, 1994, directing the
21 Planning and Development Services Department to prepare a modified CAO; and
22 WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the
23 Bellingham Herald on Saturday, October 15, 1994; and
24 WHEREAS, a Mitigated Determination of Non - Significance was issued on October
25 26, 1994, that required four measures to be addressed as a condition for approval of the
26 proposal as indicated in Exhibit A to this emergency ordinance; and
27 WHEREAS, the County Council and the Planning Commission held a joint public
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hearing on the proposal on October 26, 1994, and considered all testimony; and
2 WHEREAS, the Planning Commission held a work session on November 9, 1994, to
3 review the proposal and recommend an revised CAO based on the referendum version; and
4 WHEREAS, on December 8, 1994, the Washington State Supreme Court ruled the
5 referendum to be invalid and therefore, the original CAO is legally in effect; and
6 WHEREAS, Council wishes to adopt a temporary CAO as an interim measure until
7 a final package of regulations and incentives can be developed; and
8 WHEREAS, there is a need for continuity of administration while additional work is
9 completed on these regulations; and
10 WHEREAS, the Council at a public meeting on December 13, 1994, reviewed the
11 Planning Commission recommendation and found the proposed amendments to be necessary
12 for the immediate preservation of the public health, safety, and welfare; and
13 WHEREAS, the Council adopted Ordinance #94 -078 which adopted Critical Areas
14 Ordinance regulations for sixty days; and
15 WHEREAS, that sixty day emergency ordinance will expire on February 13, 1995, and
16 a final version will not be in place at that time; and
17 . WHEREAS, the Council feels it is necessary to extend the emergency regulation
18 another sixty days or until a final version is in place, whichever occurs first; and
19 WHEREAS, the Council has adopted the following Findings and Conclusions:
20 FINDINGS
21 1. Whatcom County has a number of areas subject to natural hazards or which, in their
22 natural state, carry, hold or purify water and /or support unique or fragile natural
23 resources. These areas are identified as Critical Areas.
24 2. Whatcom County is mandated by the Growth Management Act to protect these areas
25 as well as to protect the community from hazards associated with these areas.
26 3. As determined by SEPA review, the four measures in the Mitigated Determination
27 of Non - significance (MDNS) address major environmental concerns with the
28 referendum version of the CAO. Compliance with these conditions will help provide
29 adequate protection for wetlands, streams, and wildlife not protected under other
30 programs.
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1 4. Additional modifications based upon staff suggestions and public impact have refined
2 the administrative provisions of the referendum version of the CAO.
3 5. This ordinance represents the third attempt by Whatcom County to strike a balance
4 between environmental management and the rights of individuals.
5 6. A comprehensive management package of environmental controls and incentives is
6 being developed.
7 7. The Washington State Supreme Court has ruled the referendum version of the CAO
8 to be invalid, requiring the need to administer some other regulations.
9 8. Whatcom County is in compliance with the Growth Management Act under the
10 original CAO.
11 9. It is recognized that changes to the original ordinance are desirable.
12 10. In addition to the Supreme Court ruling, additional information on regulatory reform
13 will be available in the immediate future and could be incorporated.
14 CONCLUSION
15 This emergency ordinance will allow the county to immediately administer a replacement
16 to the referendum while allowing additional time to incorporate changes which will create
17 regulations that balance environmental control with property rights until the final
18 comprehensive package of environmental controls and incentives can be completed.
19 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
20 Section 1: Whatcom County hereby adopts the Whatcom County Critical Areas
21 Regulations, Exhibit "X, for sixty days or until a final version of the regulations are in place,
22 whichever occurs first.
23 Section 2: Adjudication of invalidity of any of the sections, clauses, or provisions of this
24 Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part
25 thereof other hat the part so declared to be invalid.
26 Section 3: This ordinance should take effect immediately and until expiration on April
27 8, 1995.
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I ADOP'T'ED this 7th day of February, 1995.
2
3 ATTEST:
4 c/
5 Ramona Reeves, Council Clerk
6- APPROVED AS TO FORM:
7
8 Ka k n Frakes
9 Civil Deputy Prosecutor
10
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
RM j f W, ..,1
' eirral
( ) Approved ( ) Denied
Shirley Van Zanten, Executive
Date:
Clerk's note: If the Executive does not either sign or veto an
ordinance it shall become law without the Executive's signature,
pursuant to the Home Rule Charter Section 2.30.
e—,110
Ramona Reeves, Clerk of the Council
2/21/95
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