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Home My WebLink Aboutres1990-01100004 WHATCOM COUNTY COUNCIL AGENDA BILL NO. ri rADAAtrr4z- w....:......d T... I�C�6MdGD J AN 2 5.1990 WHATCOM COUNTY. v...,__ I COUNCIL J 1/29/90 Planning & Devel 2/1/90 Council& 2/12/90 Planning & Devel 2/15/90 Council SUBJECT: URBAN FRINGE SUBAREA PLANNING WITH THE CITY OF BELLINGHAM ATTACHMENTS: Draft resolution with annotations and amendments proposed at a joint County - City Planning and Development Committee meeting Public Hearing Needed? Yes /_/ No IX —1 SUMMARY STATEMENT: Because of'the area growth, and the presence of Bellis Fair and Cordata Business Park the Urban Fringe Subarea plan is in need of updating. The recent annexation disputes have also indicated the present interlocal agreement between the County and City of Bellingham is not adequate. In an effort to resolve the issues the County and City administration with Councils' support have pursued the concept of joint planning in the subarea. The resolution would officially set this process in motion. A joint meeting of the two councils' Planning Committees resulted in some proposed changes to the draft resolution and the desire to work on several additional elements (see notations and attached draft resolution) RECOMMENDED ACTION: 1. Further refinement of resolution by Planning & Development Committee to be returned to City for review at their February 5, Planning & Community Development Committee meeting. 2. Adoption of final resolution on February 15. COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 2/15/90 Passed Related File Numbers: Q6 10-0Z/f Ordinance or Resolution Number: R90 -11 "9f -3S.S Whatcom County Resolution No. 90 -11 RESOLUTION NO. 6 -90 A JOINT RESOLUTION OF THE WHATCOM COUNTY COUNCIL AND BELLINGHAM CITY COUNCIL A RESOLUTION ENDORSING JOINT CITY - COUNTY PRODUCTION OF A NEW COMPREHENSIVE PLAN FOR THE URBAN FRINGE SUBAREA WHEREAS, the laws of the State of Washington empower Counties and Cities to adopt comprehensive land use plans to guide growth and development and to protect the environment; and WHEREAS, Whatcom County Council adopted the 1984 Urban Fringe Subarea Comprehensive Plan and required a 5 year review; and WHEREAS, the Bellingham City Council adopted Ordinance 9461 which approved the Urban Fringe Plan as an interim land use plan, delineated policies for providing City utility services for the urban fringe and established policies and procedures by which the City will consider annexations within its urban service area; and WHEREAS, Whatcom County and the City of Bellingham are implementing a 1985 Interlocal Agreement which provides the basis for cooperative review of ministerial and discretionary development permits in the Urban Fringe; and WHEREAS, growth pressures in the Urban Fringe have accelerated since 1985 due to the development of a regional retail center, increased airport use and potential expansion, increased office and industrial development, and increased residential development; and WHEREAS, urban development should be managed to prevent environmental damage and to protect natural resources; and WHEREAS, the County Council and City Council find it is in the public interest to focus urban development within the Urban Fringe so that outlying agricultural and forestry lands are protected and urban services are delivered in the most cost - effective way; and City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676 -6903 WHEREAS, the County Council and City Council wish to cooperatively establish growth management policies and regulations for the Urban Fringe; NOW THEREFORE BE IT JOINTLY RESOLVED: 1. The Urban Fringe Subarea Plan shall be updated to provide a new comprehensive plan that guides development, protects the environment and establishes policies for orderly urbanization, including utility extensions, phased annexations and overall growth strategy recommendations. 2. The Plan update shall be jointly prepared by the City of Bellingham Planning and Economic Development Department and Whatcom County Planning Department. 3. Public review and comment on the updated Plan shall be coordinated by a joint committee of equal membership of the Bellingham Planning and Development Commission and the Whatcom County Planning Commission. The Committee shall administer a process for soliciting public comment from residents, property owners, businesses, local interest groups and other local, state and federal agencies. 4. The staff recommendations and public review shall be completed in a timely fashion so that each Planning Commission can then hold their legally required public hearings and make their recommendations by March 31, 1991. 5. Whatcom County and the City of Bellingham shall revise the existing Interlocal Agreement to further implement the updated Plan once approved. 6. The updated Plan will conform to the State Growth Management legislation encouraging inter -local cooperation and coordination. 7. The updated Plan will integrate information and coordinate findings of the Whatcom.County Transportation Study, including the I -5 Corridor Study being conducted cooperatively by various Federal, State and local jurisdictions. City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (206) 676 -6903 PASSED by the Council this 15th day of February 1990, for WHATCOM COUNTY: Whatc County ouncil G�'t.Gt r r-!tit 4 t APPROVED by me this 3 , day of � �. 1990. �^ Whatcom County Executive Attest: Clerk of the County Council Approved as to Farm: Civil Deputy Prosecuting Attorney PASSED by the Council this 5th day of Fphruary 1990, for the CITY OF BELLINGHAM: Council President PASSED by me this /? day of Attest: Finance Di ector Approved as to Form: 0 of the City Attorney 2/5/90 G0315 ' 1990. Timothy B. D glas, Mayor City of Bellingham CITY ATTORNEY 210 Lottie Street Bellingham. Washington 98225 Telephone (206) 576 -6903 INTERLOCAL COOPERATION AGREEMENT This Interlocal Agreement made and entered into by and between the CITY OF BELLINGHAM and the WHATCOM COUNTY, WITNESSETH: WHEREAS, both WHATCOM COUNTY and the CITY OF BELLINGHAM desire to cooperate in providing for the orderly development and economic growth of the region; and WHEREAS, both WHATCOM COUNTY and the CITY OF BELLINGHAM recognize that urban growth outside the corporate limits of the CITY OF BELLINGHAM should be concentrated in areas-immediately surrounding the City, hereby identified as the Urban Service Area; and WHEREAS, both WHATCOM COUNTY and the CITY OF BELLINGHAM recognize that the present lack of services to the Urban Service Area may constrain the region's economic development; and WHEREAS, both WHATCOM COUNTY and the CITY OF BELLINGHAM recognize that the CITY OF BELLINGHAM is the logical purveyor of urban level sewer and water services to the Urban Service Area; and WHEREAS, WHATCOM COUNTY, through its Urban Fringe, Lake Whatcom and future ' Chuckanut - Lake Samish Subarea ,Comprehensive Plans and the CITY OF BELLINGHAM, through its Utility Extension Ordinance, Urban Service Area and Annexation Policies, and its proposed Comprehensive Plan for the Urban Service Area, are providing a framework for cooperative action toward orderly growth and development in the Urban Service Area; and 0718N (1) City of Bellingham CITY ATTORNEY 210 Lotlie Street Bellingham, Washington 98225 Telephone (206) 676-6903 K WHEREAS, WHATCOM COUNTY and. the CITY OF BELLINGHAM agree that situations may occur where both WHATCOM COUNTY and the CITY OF BELLINGHAM will have jurisdiction over aspects of future development in the Urban Service Area, resulting in conflicts between the requirements of the City and County; and WHEREAS, both WHATCOM COUNTY and the CITY OF BELLINGHAM wish to minimize unnecessary delays and obstacles to appropriate development within the Urban Service Area, while retaining their authority to direct and control that growth; and WHEREAS, public agencies such as WHATCOM COUNTY and the CITY OF BELLINGHAM are authorized under provision of RCW Chapter 39.34 to enter into agreements with one another for cooperative action; NOW THEREFORE, WHATCOM COUNTY and the CITY OF BELLINGHAM do mutually agree as follows: I. Applications for discretionary approvals within the Urban Service Area filed prior to the adoption of the City's Comprehensive Land Use Plan for the Urban Service Area shall be reviewed under WHATCOM COUNTY ordinances with the City's Public Works, Planning and Economic Development, Police and Fire Departments providing comment for the County Technical Review Committee's consideration of the .proposed development. Review by City administrators is intended to provide consistency-with uses and standards of the Bellingham Comprehensive Plan, Subdivision Ordinance, Street% Standards Ordinance and Service Extension Ordinance which may be considered in subsequent City annexation or service zone extensions affecting the subject property. However, the above procedure shall not bind the City's action in considering provision of services through the mechanism of annexation or the extension of water and /or sewer service zones pursuant to Chapter 15.36 of the Bellingham Municipal Code. 071aN (2) City of Bellingham CITY ATTORNEY 210 Lottle Street Bellingham, Washington 98225 Telephone (206) 676-6903 2. Applications for ministerial and discretionary development permits within the jurisdiction of Whatcom County shall be submitted to Whatcom County consistent with the Whatcom County Development Standards. However, such standards for discretionary permits may vary as a result of a combined City /County Technical Advisory Committee review. Where,,. thereis,_an,... inconsistency -between the CITY OF BELLINGHAM•and WHATCOM COUNTY, development requirements for a development proposal, within the Urban = - Service- Area, the CITY OF BELLINGHAM and WHATCOM COUNTY- will°,work -to reach:: a. mutually_ agreeable compromise as expeditiously as possible. iz-,- Where - such - a- .compromise cannot be reached,- the CITY OF ;BELLINGHAM and- :WHATCOM COUNTY.: - agree.. to require the more restrictive of the- two standards of that development,:.proposal. 3. Development applications, submitted to Whatcom County following the adoption of tiie City of Bellingham's Comprehensive Land Use Plan for the Urban Service Area pursuant to Chapter 35.13,177 RCW, shall be administered by Whatcom County consistent with the Comprehensive Plan and Zoning Ordinance Title 20, In the event that certain Comprehensive Plan designations conflict, and a development proposal is submitted to Whatcom County that is consistent with the City's plan, however is inconsistent _i_th the County's plan, the applicant shall file for a comprehensive plan and zoning amendment with Whatcom County pursuant to Chapter 36.70 RCW. 4. The term of this agreement shall be 10 years, commencing June 25 • , 1985, and ending June 25 , 1995, and may be renewed by mutual agreement of the CITY OF BELLINGHAM and-WHATCOM COUNTY. 5,. This Interlocal Cooperation Agreement -contains the entire agreement between WHATCOM COUNTY and the. CITY OF BELLINGHAM and shall not be modified in any manner except by an .instrument in writing executed by both parties.. City of Bellingham CITY ATTORNEY 0718N ( 3 ) 210 Lottle Street Bellingham, Washington 98225 - Telephone (208) 878 -6903 II 2. Applications for ministerial and discretionary development permits within the jurisdiction of Whatcom County shall be submitted to Whatcom County consistent with the Whatcom County Development Standards. However, such standards for discretionary permits may vary as a result of a combined City /County Technical Advisory Committee review. Where,,. thereis,_an,... inconsistency -between the CITY OF BELLINGHAM•and WHATCOM COUNTY, development requirements for a development proposal, within the Urban = - Service- Area, the CITY OF BELLINGHAM and WHATCOM COUNTY- will°,work -to reach:: a. mutually_ agreeable compromise as expeditiously as possible. iz-,- Where - such - a- .compromise cannot be reached,- the CITY OF ;BELLINGHAM and- :WHATCOM COUNTY.: - agree.. to require the more restrictive of the- two standards of that development,:.proposal. 3. Development applications, submitted to Whatcom County following the adoption of tiie City of Bellingham's Comprehensive Land Use Plan for the Urban Service Area pursuant to Chapter 35.13,177 RCW, shall be administered by Whatcom County consistent with the Comprehensive Plan and Zoning Ordinance Title 20, In the event that certain Comprehensive Plan designations conflict, and a development proposal is submitted to Whatcom County that is consistent with the City's plan, however is inconsistent _i_th the County's plan, the applicant shall file for a comprehensive plan and zoning amendment with Whatcom County pursuant to Chapter 36.70 RCW. 4. The term of this agreement shall be 10 years, commencing June 25 • , 1985, and ending June 25 , 1995, and may be renewed by mutual agreement of the CITY OF BELLINGHAM and-WHATCOM COUNTY. 5,. This Interlocal Cooperation Agreement -contains the entire agreement between WHATCOM COUNTY and the. CITY OF BELLINGHAM and shall not be modified in any manner except by an .instrument in writing executed by both parties.. City of Bellingham CITY ATTORNEY 0718N ( 3 ) 210 Lottle Street Bellingham, Washington 98225 - Telephone (208) 878 -6903 �j