HomeMy WebLinkAboutord1990-128R 8 3g7
WHATCOM COUNTY COUNCIL AGENDA BILL NO. �6=
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Council
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DEC 0 111990 tzl<<lgo P4tt3 %C'au
WHATCOM COUNTY
COUNCIL
SUBJECT: FILE REF: 26 -90 ZT REQUEST TO AMEND THE TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, POINT ROBERTS SPECIAL DISTRICT (WCC 20.72.650) TO EXTEND THE
PROHIBITION ON TREE CUTTING IN THE GREAT BLUE HERON ROOKERY AND ASSOCIATED 200
METER BUFFER AREA UNTIL AUGUST 31,1991
ATTACHMENTS: Agency Report
Staff Report
Excer t from Draft Planning Commission Minutes 11/20/90
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Public Hearing Needed? Yes /—/ No /XX/
SUMMARY STATEMENT: 'fhe Whatcom County Planning Department has requested an amendment
to the text of the Official Whatcom County Zoning Ordinance, Point Roberts Special District
(WCC 20.72.650) to extend the time limit on the existing prohibition on tree cutting in the
Point Roberts heron rookery and associated 200 meter buffer area.
RECOMMENDED ACTION: The Planning Commission concurred with the findings and
conclusions as developed by staff and voted to support the staff recommendation to approve
the request with the provision that the time limit be extended to August 31 1991.
It is recommended that Council pass a motion supporting the Planning Commission
recommendation for approval with the extended date.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
12- 11 -90: Council passed 6 -0 (Mary Vanderpol absent)
amended ordinance
Related File Numbers: Ordinance or Resolution Number: ogn90 -i 28
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FILE REF: 26 -90.ZT INTRODUCED BY. CONSENT
Substitute 12 -7 -90 PROPOSED BY.- PLANNING _
DATE: 11 -27 -90
ORDINANCE NO. 90-128
AN ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, POINT ROBERTS SPECIAL DISTRICT (WCC 20.72.650) TO EXTEND THE
PROHIBITION ON TREE CUTTING IN THE GREAT BLUE HERON ROOKERY AND
ASSOCIATED 200 METER BUFFER AREA UNTIL AUGUST 31,1991
WHEREAS, the Whatcom County Planning Department has requested an amendment to
the text of the Official Whatcom County Zoning Ordinance, Point Roberts Special
District (WCC 20.72.650) to extend the time limit on the existing prohibition on tree
cutting in the Point Roberts heron rookery and associated 200 meter buffer area; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham
Herald on Saturday, November 10, 1990 and;
WHEREAS, A Determination of Nonsignificance was issued by the Deputy SEPA
Official on November 20, 1990; and
WHEREAS, the Planning Department reviewed the request and prepared a staff
report recommending in favor of the requested zone text amendment; and
WHEREAS, the Planning Commission held a public hearing on this matter on
November 20, 1990, and heard all public testimony on the issues and after due
deliberation made a determination that the request be approved with the provision that
more time be allowed; and
WHEREAS, the Council, at a public meeting on December 11, 1990, reviewed and
approved the Planning Commission recommendations.
NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
1. The Official Whatcom County Zoning Ordinance, Point Roberts Special District is
hereby amended as follows:
MODIFY WCC 20.72..652(6) TO READ:
For 180 -dam— after — the e;;eE a this erd;,Ta , hjo tree removal shall
be permitted within the heron rookery proper nor within a buffer located 200
meters from its outer perimeter before August 31, 1991.
2. The Council finds the public health, safety and general welfare are promoted by
the above change.
3. The Council adopts the following findings and conclusions as developed by staff
and approved by the Planning Commission:
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FILE REF: 26 -9O2T
P, 2
FINDINGS
A. It is a well documented fact that the heron rookery at Point Roberts is of major
regional biological significance; this is bolstered by the fact that the
Washington Wildlife and Recreation Coalition has allocated funds for the
purchase of the rookery as a preserve.
B. When the Point Roberts Subarea Comprehensive Plan and zoning were adopted in May
of this year a temporary restriction on timber harvesting in the great blue
heron rookery and associated 200 meter buffer area was imposed in order to allow
sufficient time to get appraisals on the heronry property so that a purchase
offer could be made.
C. According to the Washington Department of Wildlife, more time is needed to get
the appraisals required for meaningful purchase negotiations.
CONCLUSIONS
A. An extension of the original moratorium on tree cutting in the Point Roberts
heron rookery and surrounding buffer area until August 31, 1991 would provide
the needed additional time to perfect purchase negotiations.
B. The text amendment would help provide additional interim protection of a
regionally important biological resource in Whatcom County.
4. Adjudication of invalidity of any of the 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 11th day of December , 1990.
ATTEST:
t�L= A�L_
Clerk of the Council
APPR V S TO FORM:
Ro ert A. Carmichael,
Civil Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COU ASHINGTON
Do G. Han ey, Chair
(APPROVED ()VETOED
U G.w
Shirley Van 2tanten, Co ty Executive
Date ^�°? _ ?d