HomeMy WebLinkAboutord2001-004WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -029
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';inaror: Mao W. Aamot
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DEC 2 9 2000
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Introduction
Division Held. Sylvia Goodwin
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed?
1)23 )O1
P &D — Council
Dept. Head: Ha/ H. Ras, Director
x
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Requested Date:
Frasecumr: Karen Frioes
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(1) Proposed Ordinance
SEPA review required?
(
) Yes
(
x
) NO
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed?
(
) Yes
(
x
) NO
Requested Date:
procedures for project permit, zoning text amendment, and zoning leap amendment _
applications that are withdraws before approval. Howe does not address hinicare those who should receive a copy after Council action.
--funds for Lint spec fc nation to the right.
• Applications to amend the Comprehensive Plan.
• Applications to amend codes other than zoning, such as proposed changes to
the land division regulations.
The proposal is intended to rectify these deficiencies, which came to light when a
citizen inquired about a refund for a Comp Plan amendment, and clarify refund
procedures.
2001-29 1/9/2001: Introduced
1/23/2001: Adopted 6-0, Imhof absent, Cod. 420014N04
Treasurer
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Related File Numbers: File #ZON2000 -00016 (this item): ��.
File Ref Za nl)onoma SPONSORED BY: Planning
12 -1400 PROPOSED BY: Planning
INTRODUCTION DATE: 11912 Di
ORDINANCE NO. 2001 -004
AMENDING WHATCOM COUNTY CODE 20.04.092 REFUND PROCEDURES
WHEREAS, WCC 20.04.092 contains refund procedures for project permit, zoning
text amendment, and zoning map amendment applications that are withdrawn prior to
approval or adoption; and
WHEREAS, WCC 20.04.092 does not contain refund procedures for
Comprehensive Plan amendment applications than are withdrawn prior to adoption; and
WHEREAS, WCC 20.04.092 does not contain refund procedures for certain types
of development regulation amendment applications, such as proposed amendments to the
land division regulations that are withdrawn prior to adoption; and
WHEREAS, refund procedures are needed to cover all types of applications; and
WHEREAS, the County Council finds that the subject amendments are in the
public interest:
FINDINGS
The Whatcom County Council adopts the following findings relating to the subject
amendments:
1. The SEPA Official for Whatcom County determined that the amendment is
exempt from review under the State Environmental Policy Act pursuant to WAC
197- 11- 800(15) on November 2, 2000.
2. A representative of the Prosecuting Attorney's office has advised that this
procedural amendment does not require Planning Commission review or a public
hearing.
3. Whatcom County Comprehensive Plan Goal 2D is to "Refine the regulatory
system to ensure accomplishment of desired land use goals in a fair and
equitable manner."
4. The amendment establishes uniform refund procedures for various types of
applications. This will provide predictability, fairness and equity in the issuance of
refunds.
CONCLUSIONS
The subject amendment is consistent with the Whatcom County Comprehensive
Plan.
2. The subject amendment will serve the public interest by providing fair and equal
refund procedures for the various types of applications.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The text of the Official Whatcom County Zoning Ordinance (Title 20) is
hereby amended as shown on Exhibit 1.
Section 2. 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.
ADOPTED this 23 day of January 2001.
WHATCOM COUNTY COUNCIL
QATTEST' WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk h e L. and Nelson
APP ROV D
as to form:
(�
ved (),Denied
Pete
Civil Deputy
Prosecutor
Kremen,
Executive
Date: Zl
EXHIBIT 1
Amend WCC 20.04.092 as follows:
20.04.092 Refund of application permit fees.
Refunds of application fees for project permits and for amendments to the
Whatcom County Comprehensive Plan development reaulations and official
maps this title OF the effiGial o0unty aening Fnap shall be computed based on the
following. All refund requests shall be submitted in writing to the department of
planning and development services. The date of application for a refund request
shall be the date the written refund request is received by the department. For
the purpose of computing elapsed calendar days, the day after the date of
application or deadline date as appropriate shall be counted as day one.
(1) Fees for Project Permits:
(a) Applications withdrawn on or before the fourteenth calendar day after
the date of application shall be eligible for a refund of 90 percent of all
application fees including any SEPA fees.
(b) Applications withdrawn after the period set forth in subsection (1)(a) of
this section but on or before the ninetieth calendar day after the date of
application shall be eligible for a refund of 50 percent of all application
fees except for any SEPA fees which shall not be eligible for a refund.
(c) Applications withdrawn after the ninetieth calendar day after the date
of application shall not be eligible for a refund.
(d) Notwithstanding the above, no fees shall be refunded for any permit or
approval that has been issued or granted by the county.
(2) Fees for Amendments to the Whatcom County Comprehensive Plan
development regulations and official maps
20.90.040(4).
(a) Applications for amendments to this title OF the offioial GOURty ZGRiAg
dead.: "c date set foFth'a GG 20.^0."^' that are withdrawn on or
before the fourteenth calendar day after the deadline for submitting the
Lee date shall be eligible for a refund of 90 percent of all application fees
including SEPA fees. If there is no deadline for submitting the fee, the 9(
(b) Applications for amendments
ceaElline Elate set teFth in VVC;(; 20.90.120(44 that are withdrawn after the
period set forth in subsection (2)(a) of this section but on or before the
ninetieth calendar day after the deadline for submitting the fee date shall
be eligible for a refund of 50 percent of all application fees except for
SEPA fees which shall not be eligible for a refund. If there is no deadline
fee was submitted.
PI
90 calendar days shall not be eligible for a refund.
(3) Withdrawal of an application shall constitute full surrender of any express or
implied rights inherent in an application which has been perfected and accepted
by the planning and development services department or its designees.