HomeMy WebLinkAboutord2001-069WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -373
CLEARANCES
Initial
Date
Date Received in Council Office
A endal me
Assi nedm:
Originator: Sylvia Goodwin
(� 2
R L � C E � V E
NOV 0 6 2001
WHATCOM COUNTY
COUNCIL
11/13/01
Introduction
Division Head: Sylvia Goodwin
11121101
P & D / Council
Dept Head: Hot H. Hart
'
6
Prosecutor. Karen Fakes
Purchasing/eudget:
Executive: Pete Kremen
MS a
SUBJECT: Ordinance adopting an extension of the Oray[ott Harbor Provisional Short Term Planning Area of the Blaine Urban
Growth Area for an additional two years.
ATTACHMENTS:
(1) Proposed Ordinance
(2) Ordinance 1000 -014
(3) Ordinance 99 -071
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x )Fes ( ) NO
Should Clerk schedule a hearing? ( ) Yes (X ) NO
Requested Date:
IThe Council most hold a hearing ifthey want to change the Planning
Commission's recommendation (WCC 20.10.110 ).
SUMMARY STATEMENT: The request is to extend the Provisional Short Term
Planning Area for Drayton Harbor for an additional two years. The property
owners have been working with Birch Bay Water and Sewer District to explore
options for design and funding of a sewer system. The city of Blaine is also
working on design and funding of a regional sewer system which could result In
sewer transmission lines in the area as well.
Distribution Request
Indicate those who should receive a copy after Council action .
List sinecfc names to the right
ADS Factlifies Management
ADS Fimanee
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Fx cudve
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN:
2001 - 373 11/1312001: Introduced
11127/2001: Decision delayed to 12111/2001
12/11/2001: Adopted 4 -2, McShane, Hoag opposed, Imhof
absent, Ord. # 2001 -069
Juvenile
Parks
Planning
Hal H. Hart
Prosecutor
Public Works
Sheriff
Superior Court
Related County Ordinance #s: 99 -071 and 2000 -014
Treasurer
Omer
Related File Numbers: File # 75 -98 CZMT
Ordinance or ROeso ulfourgbeG ( _
(this ftem): GIVW\ '
SPONSORED BY: CONSENT
PROPOSED BY: PDS
INTRODUCTION DATE: 11/13/01
ORDINANCE NO. 2001 -069
AMENDING ORDINANCE 2000 -014 TO EXTEND THE PROVISIONAL SHORT TERM PLANNING
AREA FOR THE DRAYTON HARBOR AREA OF THE BLAINE URBAN GROWTH AREA FOR
AN ADDITIONAL TWO YEARS, AS PROVIDED IN ORDINANCE 99.071.
WHEREAS, Resolution #98 -067 initiating Emergency Zoning or Comprehensive Plan
Amendments for the Drayton Harbor area was adopted by Whatcom County Council on October
13,2000;and
WHEREAS, the proposed amendments include amendments to the Comprehensive Plan
Policies and a provisional zoning map amendment; and
WHEREAS, the Deputy SEPA Official for Whatcom County issued determinations of non-
significance on November 4, 1998; and
WHEREAS, the Planning Commission held work sessions on January 14, January 28,
March 25, and June 24, 1999; and
WHEREAS, the Planning Commission evaluated the merits of the amendments in
relationship to the County -Wide Planning Policies and the goals, policies and objectives of the
Comprehensive Plan, as required by WCC 20.10.100 and WCC 20.90.070 and recommended
approval of the amendments with minor modifications; and
WHEREAS, the County Council considered the recommendation of the Planning
Commission, held additional public hearings and adopted Ordinances #99 -071 and 2000 -014,
which designated the Drayton Harbor Area as a Provisional Short Term Planning Area within the
City of Blaine Urban Growth Area for a period of two years to allow property owners to develop and
finance a public sewer system. This approval provided an option for a two year extension; and
WHEREAS, the property owners have been working with the Birch Bay Water and Sewer
District to explore options for design a funding of a sewer and the City of Blaine is working on
design a funding of a regional sewer system which could result in sewer transmission lines through
this area;
NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council that:
Section 1. The provisional STPA for Drayton Harbor area of the Blaine urban growth area,
shown on Exhibit A, is extended for an additional two years to allow additional time to plan and
finance a public sewer system. If a system is not designed and financed within two years, the area
reverts to a Long Term Planning Area.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the
raoning Amendments/Zoning 2001/Drayton Harbor Provisional UGA Extension
Page 1
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 11 day of December Zppf
WHATCOM COUNTY COUNCIL
ATTEST: ����� WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, L. Ward Nelson, Councit Chair
Clerk of the Council
APPROVED as to form (�) Denied
Karen Frakes, Civil Deputy Prosecutor a Krefnefi, Executive
Date: /J! z3 -O,L
L2oning AmentlmenbVZoning 2001 /Drayton Harbor Provisional UGA Extension
Page 2
F
m
Drayton Aarbor Area -. 1
Blaine Incorporated
WOMB ON
11111IM
IIIIIIIIIIIIIIIIIIIII Long Term UGA
1.
ti
.,
BIRCH BAY
EXHIBIT A
1/
"O at Birch Bay Water and Sewer District
3�� Serving the Greater Birch Bay Area Since 1968 COMMISSIONERS
Carl Retchhudi
]096 POINT
SHINGTO 9flOAD Don Montfort
BIRCH BAY, WASHINGTON 9$130 -96 — _ Patnck Alesse
PHONE: (360)3]1 - ]100(20 hrs) EMAIL: oaice®waterdistnd.bimh.bayv4a t CtERALMANAG.
FAX: (360) 371-2806 -' _'. iRb9crr M. Brown
November 30, 2001 �' -� ; DEC Q
Sylvia Goodwin ( y _
Whatcom County Planning Department t-_ _
311 Grand Avenue
Dear Sylvia,
I understand the County Council, at their December 11, 2001 meeting, will be
considering rescinding the Short Tenn Planning Area (STPA) designation for the South
Drayton Harbor area. At the request of Muriel Terry, a resident of the South Drayton
Harbor area, I am writing to provide certain factual information to assist the Council in
their deliberations.
In June, 1999, the District provided Mrs. Terry a preliminary estimate of Utility Local
Improvement District (ULID) assessments of $170 -$207 per front foot to construct the
particular water and sewer improvements then being considered by local residents.
Subsequently, residents of this area have considered a significantly expanded version of
the project for which assessments were estimated in 1999. In the absence of further
engineering analysis, the 1999 estimates provide little guidance as to the likely range of
estimates for the expanded project — they could be either higher or lower. The potential
for the District to provide wastewater services to Blaine, moreover, raises the possibility
of significant grant funding to assist with construction of regional wastewater facilities.
If grant funding became available, and a ULID were formed in conjunction with a
regional consolidation project, cost burdens to local property owners could be lowered
substantially.
I would appreciate it if you would provide this letter to Council Members. Thank you
Sincerely,
4r'
Roger M. Brown
General Manager
Birch Bay Water & Sewer District
POTABLE WATER 8 WASTEWATER S�CONDARV TREATMENT SERVICES
MAIN OFFICE 8 MILES WEST OF 1 -5, EXIT 266. SOUTH EDGE OF BIRCH BAY STATE PARK
WHATCOMCOUNTY COUNCIL AGENDA BILL NO. 2000- 126
CLEARANCES Date Dare Received in Council Office Agenda Date Assigned To
Ong. Dept.: Planning & Develop
031032000
MAR 0 3 2000
WHATCOM COUNT
COUNCIL
03/07n000
Introduction
Division Head:
P6b COUiQC1L.
DWL Head:
pry 1011.
Budget
Eaeattve:
SUBJECT:
Ord. amending Ord. 99 -071 - Drayton Harbor Area of the Blaine UGA
ATTACHMENTS
SUMMARYSTATEMENT.• I
Related County Contact #: Should dk Clerk schedule a hearing? (YM Y Requested Date:
Ordinance amending Ordinance 99 -071 regarding the Provisional Short Tenn Planning Area for the Drayton Harbor Area of the
Blaine Urban Growth Area
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2000.126 3/12000: Introduced
3212000: Option #1 adopted 5-2, Hoag. Brenner opposed.
Ord. #2000-014
Related File Numbers: Ordinance or Resolution Number (this item only):
AB99435 ORD -Ak 2C 01+
SPONSORED BY : Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 3/7/2000
ORDINANCE NO. 2000 -014
AMENDING ORDINANCE 99 -071 REGARDING THE PROVISIONAL SHORT TERM
PLANNING AREA FOR THE DRAYTON HARBOR AREA OF THE BLAINE URBAN
GROWTH AREA.
WHEREAS, Resolution No. 98 -067 Initiating Emergency Zoning or
Comprehensive Plan Amendments for the Drayton Harbor Area was adopted by
Whatcom County Council on October 13; and
WHEREAS, The proposed amendments include amendments to the
Comprehensive Plan Policies and a provisional zoning map amendment; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued
determinations of non - significance on November 4, 1998; and
WHEREAS, Pursuant to RCW 36.70.390 and RCW 36.70.590,. legal notice was
published in the Bellingham Herald on January 4, 1998 and June 10, 1999; and
WHEREAS, The Planning Commission held a public hearings on the proposed
amendments on January 14, 1999 and June 24, 1999, and considered all testimony;
WHEREAS, The Planning Commission held a work session on January 14,
January 28, and March 25, and June 24, 1999; and
WHEREAS, The Planning Commission has evaluated the merits of the
amendments in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20.10.100 and WCC
20.90.070 and recommended approval of the amendments with minor modifications; and
WHEREAS, The County Council considered the recommendation of the Planning
Commission, held additional public hearings and adopted Ordinance 99 -071, which
designated the Drayton Harbor area as a Provisional Short Term Planning Area within
the City of Blaine Urban Growth Area ; and
WHEREAS, Section 2, Paragraph 2. of Ordinance 99 -071 would require that a
latecomer option be offered to property owners within a portion of the potential ULID
area, which is not consistent with State statutes regarding ULID assessments.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Section 2, paragraph 2. Of Ordinance 99 -071 is hereby amended as
follows:
OPTION #1
NO MAP AMENDMENTS
2. The final STPA boundary will be established by the service area boundary of the LID
or area where sewer service is provided. :Pie PFOpeFly along Linealn Read Past Rf
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the
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 21 day of March, 2000.
. i
A� - ,I -
APPROVED as to form:
t
j Deputy Prosecutor
WHATCOM COUNTY COUNCIL
W�TC
H.AATCOM COUNTY, WASHINGTON
0 0.""1
Mariana Dawson, Chairperson
66 Approved ( ) Denied
Pete Kremen, Executive
Date: 3 �9-Oo
2
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Blaine Incorporated
Short Tenn UGA
Provisional Short Term U
Long Term UGA I
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EXHIBIT 2
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1999 - 435
CLEARANCES Dam Dak Received in Council Once Agenda Date Aw l ned To
Od9. DepL: Planning & Develop
Division Head:
1101999
� 2 � � 11 �� // I�
IS II V LS
NOV 0 2 1999
WHATCOM COUNTY
COUNCIL
,11/911999
pE p �pMl,l. INi�Y,O
3
p^t.d CBGULGt�.
Dept. (lead:
Prosecutor:
Budget
Executive:
SUBJECT.
Ordinance amending Comp Plan re: Drayton Harbor area of the Blaine
ATTACHMENTS
DEC 2 1 1999
SUMMARYSTATEMENT I WHATCOM COUNTY PLANNING
Related County Contract x: _ Should the Clerk schedule a hearing? (YIN Requested Date:
Ordinance amending the Whatcorn County Comprehensive Plan, authorizing provisional short term planning area status and
conditions for permanent short term planning area status for the Drayton Harbor area of the Blaine UGA
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999-435 115/99: Introduced
1123/99: Amended and adopted 6-1, Hong opposed. Ord.
NGeel
Related File Numbers: Ordinance or Resolution Number (this item only):
MOO* dkq 0011
SPONSORED BY : Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 11/959
ORDINANCE NO. 99 -071
ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN AND
AUTHORIZING PROVISIONAL SHORT TERM PLANNING AREA STATUS AND
CONDITIONS FOR PERMANENT SHORT TERM PLANNING AREA STATUS FOR
THE DRAYTON HARBOR AREA OF THE BLAINE URBAN GROWTH AREA.
WHEREAS, Resolution No. 98 -067 Initiating Emergency Zoning or
Comprehensive Plan Amendments for the Drayton Harbor Area was adopted by
Whatcom County Council on October 13; and
WHEREAS, The proposed amendments include amendments to the
Comprehensive Plan Policies and a provisional zoning map amendment; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued
determinations of non - significance on November 4, 1998; and
WHEREAS, Pursuant to RCW 36.70.390 and RCW 36.70.590, legal notice was
published in the Bellingham Herald on January 4, 1998 and June 10, 1999; and
WHEREAS, The Planning Commission held a public hearings on the proposed
amendments on January 14, 1999 and June 24, 1999, and considered all testimony;
WHEREAS, The Planning Commission held a work session on January 14,
January 28, and March 25, and June 24, 1999; and
WHEREAS, The Planning Commission has evaluated the merits of the
amendments in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20.10.100 and WCC
20.90.070 and recommended approval of the amendments with minor modifications, as
shown on attached Exhibits 1 and 2;
WHEREAS, The County Council has reviewed and adopted the following
Findings and Conclusions recommended-by the Planning Commission:
FINDINGS
1. Public notice was published in the Bellingham Herald on Monday, January
4,1999. Notice was mailed to the owners of the subject property, as shown on
the records of the County Assessor, and to owners of properties within 300' of
the subject property on June 10, 1999, published in the Bellingham Herald on
June 10, 1999 and posted on June 10, 1999 for an additional public hearing to
review options developed subsequent to the public hearing conducted on
January 14, 1999 and an additional public hearing was held on June 24, 1999;
2. This proposal was given a determination of non - significance by the Whatcom
County SEPA official on November 4,1998.
3. A public hearing was held before the Whatcom County Planning Commission on
January 14, 1999 at which time public testimony was received. Following public
testimony and deliberation, the Planning Commission directed staff to develop
options which would allow public sewer extension for the purpose of alleviating
water quality problems that are the result of failing on -site septic systems within
the Drayton Harbor Area.
4. The Birch Bay Water and Sewer District is currently precluded from accepting
and proceeding with a formal LID request and project due to County
Comprehensive Plan and Zoning restrictions placed on sewer extensions outside
of Short Term Planning Areas.
5. Options were developed and reviewed with Planning Commission on January 28,
and March 25, 1999.
6. Staff consultation with Birch Bay Water and Sewer District (the service provider
for the area) revealed that urban development densities are required to approach
affordable installation costs.
7. Adoption of the proposed Comprehensive Plan policies (Exhibit 1) would provide
greater flexibility within UGAs, for areas which meet the criteria included in those
policies; to address existing environmental problems.
8. Affordability of sewer extension and water system upgrades required to allow
urban development within this area is yet to be determined. A petition to
establish an LID must be formally initiated and upon successful completion of the
LID process, approval must be granted by Birch Bay Water and Sewer District.
Formal engineering studies need to be authorized to establish more accurate
project specific costs.
CONCLUSION:
1. Adoption of the proposed Comprehensive Plan Policies is required to allow for any
change in UGA status of the Drayton Harbor Area to occur.
2. The Drayton Harbor Area meets the requirements for a Short Term Planning Area
under the proposed Comprehensive Plan Policy amendment (Exhibit 1).
3. Establishment of a Short Term Planning Area designation for the Drayton Harbor
Area is unnecessary if public sewer extension and water system upgrade costs are
in excess of the affordability range of the landowners in the Drayton Harbor Area.
4. Provisional County approval to change the area's UGA designation is required in
order to allow Birch Bay Water and Sewer District to entertain an LID petition.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Comprehensive Plan (new policy 2R -3) is hereby amended as shown in
the attached Exhibit 1.
Section 2. The Drayton Harbor portion of the City of Blaine's Urban Growth Area as
depicted in Exhibit 2, is granted provisional Short Term Planning Area status and is
further authorized for change to permanent Short Term Planning Area status subject to
the following conditions:
1. Provisional STPA status will be provided for a period of two years from the date of
formal adoption of this ordinance with the provision for a one -time extension of up to
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M Planning Di0sion \REZ0NETmer9enq.99\new adwUng ordinance75- 98CZMTAtl
an additional two years if evidence can be provided by affected landowners and
corroborated by Birch Bay Water and Sewer District that substantial progress has
been made toward the final adoption of an LID or other financing program to fund the
installation of sewers.
2. The final STPA boundary will be established by the service area boundary of the LID
or area where sewer service is provided. The property along Lincoln Road east of
Harborview Road may be included only with the stipulation that a latecomer provision
is established for land owners who do not want to pay for or connect to sewer at this
time.
3. Upon successful implementation of an LID or other sewer financing program, the
Provisional STPA status will become permanent.
4. Failure to a finance sewer system within the time frame and conditions included in #1
above will result in a reversion of the STPA status back to UGA status.
Section 3. The Whatcom County Code Section 20.80.634 is amended as follows to
designate the Drayton Harbor Watershed as a Stormwater Special District:
20.80.634 Stormwater Special districts.
L1]_Where the comprehensive plan policies identify a specific area that
requires higher standards for stormwater drainage facilities, a'Stormwater
special district' shall be created by council action. Requirements for these areas
shall be contained in section 20.80.635 and in the Whatcom County
Development Standards, Chapter 2„ � nd9F ^:c�..a title, "Speck, Dis'..;GtT (Ord. 94-
022,1994).
(a) Drayton Harbor Watershed
Section 4. The Whatcom County Code Section 20.80.635 is amended as follows to
establish additional requirements for Stormwater Special Districts:
20.80.635 Conformance required.
All development shall conform to the following requirements.
(1) General: -
(a) Stormwater discharges must be controlled and treated to provide all
known available and reasonable methods of prevention, control, and treatment,
as required by law.
(b) In all areas where connection to public sewer and water are required
by WCC Title 20, where appropriate as determined consistent with best
management practices, on -site stormwater collection and detention shall also be
required for development in accordance with the Whatcom County Development
Standards, unless the engineered drainage analysis proves otherwise.
(c) Best management practices (BMPs) shall be used to comply with the
regulations in this ordinance. In those instances where appropriate BMPs are not
referenced in the Whatcom County Development Standards, experimental BMPs
should be considered. Experimental BMPs shall be encouraged as a means of
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1:2 Planning Dmsi NRUONETE rgenq.9ftew adopling ordinance75- 98CZMT.doc
solving problems in a manner not addressed by the standards in an effort to
improve stormwater quality technology. Experimental BMPs must be approved
by the county technical administrator prior to implementation.
(d) Development shall minimize impervious surface areas with minimal
compromise of project function and viability. Protection of groundwater and
aquifer recharge are important objectives which shall be incorporated in surface
water management facilities consistent with established BMPs.
(e) Stormwater systems shall not be constructed in such a manner that
they materially degrade natural systems such as streams and their banks,
wetlands, ponds or lakes.
(f) Natural drainage patterns shall be maintained and discharges from the
site shall occur at the natural location, unless it can be shown that relocation will
have no significant adverse impact to either built or natural systems as a result of
the relocation.
(g) The design of stormwater systems shall be an integral part of the
overall development design and, in addition to the primary storage and
conveyance function, should incorporate multiple use provisions to enhance the
project; such as the following:
1. Recreation;
2. Public safety;
3. Economical maintenance;
4. Aesthetic integration into the landscape and project design;
S. Wildlife habitat;
6. Education;
7. Open space.
(2) Runoff Control:
(a) Proposed development projects, except as noted below, shall provide
runoff controls to limit the developed conditions peak rates of runoff to the
predevelopment peak rates for the following storm events in compliance with
best management practices:
2. The two -year storm event;
3. The 10 -year storm event;
4. The 25 -year storm event;
4. The 100 -year storm event.
(b) Exceptions: Direct discharge to regional facility, salt water body, rivers
or lakes when demonstrated there is no significant adverse impact to the
conveyance system and the receiving waters.
(3) Conveyance: Stormwater conveyance systems shall be required to convey
storm flow and shall be sized to accommodate:
(a) Flow from 100 -year storm events when public health and safety is put
at risk by such events;
(b) Flow from 25 -year storm events when property damage is probable
from such events;
(c) Flow from events of periodicity of less than 25 years when the integrity
of natural systems, such as the dominant stream discharge, is put at risk by such
events.
4
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(4) Water Quality: Runoff from any project shall provide a water quality
assurance plan and system to achieve minimal degradation to the surface and
ground water quality leaving the site, utilizing BMPs.
(5) Maintenance: All stormwater facilities shall be maintained in accordance
with the stormwater system maintenance requirements of the Whatcom County
Development Standards. Maintenance plans, responsibilities, and the method of
financing said maintenance shall be established by the applicant or property
owner prior to final approval of any development directly associated with the
development proposal. (Ord. 96 -056 Att. A S 10, 1996; Ord. 94-022,1994).
Section 5. Adjudication of invalidity of any of the sections, clauses, or provisions of the
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 November, 1999
`�� li` N \
.. - Son
(loll .:i" . Loma
APPROVED as to form:
r eputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
zru',e) Mar nJ
arlene D on, Chairperson
( Approved ( ) Denied
ete Kremen, Executive
Date: /� _1S" —fq
5
1 92 Planning Division\REZONEEmergenc 99�ew adopbog ordinanc 75- 98CZMTAd
EXHIBIT 1
New policy supporting proposed Drayton Harbor STPA
Policy 2R -3: Land which exhibits severe environmental constraints for on -site septic
systems may be included within a Short Term Planning Area, to allow for
the provision of sewer to reduce or eliminate on -site sewage system
related environmental impacts, if all of the following conditions exist;
• The land area is contiguous to existing city limits
• The underlying zoning is urban and the land is located in
an Urban Growth Area.
• The land has been designated as an area of special
concern pursuant to WCC 24.05.230 due to extenuating
environmental constraints and /or failing on -site septic
systems have been identified as a significant source of
non -point pollution as part of the development of a Closure
Response Strategy Report for a Shellfish Protection
District.
• Continued reliance on on -site sewage systems for existing
development density and future low density development,
within the subject area, would not provide adequate
protection of adjacent critical areas from significant
environmental impacts from on -site sewage systems.
• Where a Local Improvement District for necessary urban
levels of service has been established.
• Where interlocal agreements have been established
between the County and the water and /or service provider.
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1 :Q Planning Division \REZONE \Emergent .99\new adopting ordinance7S98CZMT.doc