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Home My WebLink Aboutord1993-091,WHATCOM COUNTY COUNCIL AGENDA BILL NO. 93 -291A CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: 7riginator: Dan Taylor 11 -17 -93 "" EC' E�� Yf A E D Ll NOV 7 1993 WHATCOM COUNTY '11/23/93 Council Introduction Division Head: 12/7/93 P &D COunci Dept. Head: Dan Taylor Prosecutor: Purchasing/Budget: Executive: SUBJECT. An Ordinance Amending the Official V�lia�comvhunty Zoning Code, Title 20, Chapter 20.88, Major Development Permits, to eliminate unrealistic and confusing deadlines. (Planning Commission File #22- 93:ZT) ATTACHMENTS: Agency Report Staff Report with draft text amendments, Attachment A Draft Planning Commission minutes Proposed Ordinance SUMMARY STATEMENT: Please complete sections of box as appropriate & explain the item below. Related County contract #: Should Clerk schedule a hearing? NO /XX/ YES % / Requested date: Amount budgeted for this item/project: $ Is it or will it be within budget? YES / / NO / / lease explain below) ryudget line item number(s): This request originated with Council after experiencing difficulties processing the Cherry Point Industrial Park Major Development Permit. Staff made minor modifications to the original Council proposal which were further modified by the Commission to express all deadlines in terms of the number of working days. ORIGINATOR'S RECOMMENDED ACTION: The Director of Land Use and Economic Planning recommends Council adopt the recommendations of the Planning Commission. COMMITTEE ACTION TAKEN.• COUNCIL ACTION TAKEN: 11/23/93: Council introduction 12/7/93: \Related File Numbers: AB93 -291 -. N IN ` t 4? vIN • JP/ 1 1E Ordinance or Resolution Number (this item only): OrO( 93 -09i 1 .ord Major Development Permits 11/17/93 SPONSORED BY: Consent PROPOSED BY: Council INTRODUCTION DATE: 11/23/93 ORDINANCE NO. 93-091 AN ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY CODE, CHAPTER 20.88, MAJOR DEVELOPMENT PERMITS TO MODIFY AND ELIMINATE UNREALISTICALLY RESTRICTIVE AND CONFUSING DEADLINES. WHEREAS, on September 14, 1993, the County Council passed a motion directing the Planning Commission to process proposed amendments to Title 20 regarding deadlines for Major Development Permits; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, October 28, 1993; and WHEREAS, the staff made minor revisions to proposed amendments prepared by Council staff and submitted them to the Planning Commission for review; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on November 10, 1993 and approved the amendments as modified; and WHEREAS, the Council held a public meeting on December 7, 1993 to consider this matter and approved the Planning Commission recommendation; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. The deadlines for Council actions on the major development permits are unrealistic and in some cases conflicting. 2. The proposal, as originally drafted, corrected the deadlines, but did not provide a deadline for setting a final Council hearing. 3. The language is inconsistent in its use of calendar days versus working days. CONCLUSION Modification to the Major Development Permit procedures are in order but should include ultimate time limits on Council actions. The language regarding deadlines should be made consistent. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Code, Title 20, Chapter 20.88, Major Development Permits, is hereby amended as follows: Page 1 .315 Awritten notice of the scheduled public hearing shall bemailed to all property owners of record with ' in o three. hundred (300) foot radius of the oxtonno| boundaries of the oueot proporty, not less than days prior to the hearing. Also notice of the hearing ohoU be published in o newspaper of general circulation in the area ofthe proposed project at least ban (1 0) days prior to the public hearing. Notice ohoU consist of time and dote of heohng, and brief description of the property and the proposed project. Further, signs meeting the approval of the Zoning Administrator oho|| be erected on each frontage of the project site by the applicant not |eoo than �ve4w*—�� days prior tothe hearing. 335 Within ten (40) 0@@M working days after the Hearing Examiner's recommended decision has been filed. the County Council ohoU do one ofthe (1) Refer the onz�aot to the Planning Commission for additional public hearings and a recommendation. C2> Make ofino| decision on the application booed on the recommended decision of the Hearing Examiner with such modifications as the Council deems appropriate. (3) Set the project application for their own public hearing. 230 If the project is referred body shall within thirty C30> necessary public hearings and file with the County Council ovvritten recommendation for approval or denial and may include conditions of opprovo, together with the findings upon which the recommendation is based. The applicant may waive the thirty (3O) day time limitation. .235 Avvhtten notice of the public hearing before the Planning Commission or the County Council oho]| be mailed to all parties of reoond, on fiha with the Clerk of the County Council not less thon days prior tothe hearing. .2,540 The recommendation of the Planning Commission shall bebased upon the criteria set forth in Section 20.88.130(l) through (7). .245 Upon receipt ofthe Planning Commission recommendation, the County Council oho| within thirty-five (35) working days ` nlohe ofino| decision on the application based on the recommended decisions of the Hearing Examiner U 1090=i and Planning Commission, 1`0`111"ib:q or shall withOR .250 Any public hearing before the County Council shall be held within tweRty k2-% .01-My working days of filing of the recommendation from the Planning Commission or the recommended decision from the Hearing Examiner, whichever is filed last. Page 2 1 .255 Within thi ty five (35 fw..... t l � working days after the last public hearing, 2 the County Council shall issue a final written decision including conditions 3 when the project is approved and stating the findings of fact upon which the 4 decision is based. 5 6 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance 7 shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the 8 part so declared to be invalid. 9 10 ADOPTED this 7th day of December 1993. 11 12 13 14 WHATCOM COUNTY COUNCIL 15 ATTEST: WHATCOM COUNTY, WASHINGTON 16 17 18 19 , /I /) -C� /� , �' �L 20 Ramona Reeves, Council Clerk Marge L law, Chairperson 21 22 23 24 APPROV D as to form & content: (,Approved () Denied 25 26 27 18 aren Frakes, Civil Deputy Prosecutor Shirley Van Zantdn, Executi e 2-9 30 31 Date: Page 3