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HomeMy WebLinkAboutres2019-015 strike only• Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2019-148 File ID: AB2019-148 Version: 1 Status: Substitute Amended and Approved File Created: 02/20/2019 Entered by: MAamot@co.whatcom.wa.us Department: Planning and File Type: Resolution Development Services Department First Assigned to: Council Special Committee of the Whole Agenda Date: 03/12/2019 Next Mtg. Date: Hearing Date: TITLE FOR AGENDA ITEM: Resolution docketing comprehensive plan and development regulation amendments SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Whatcom County Code indicates that proposed comprehensive plan and development regulation amendments are to be docketed for further review by a majority vote of the County Council. Planning and Development Services is forwarding the proposed docket so that Council can determine which amendments to initiate for further review. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 03/12/2019 Council Special Committee of the Whole RECOMMENDED FOR APPROVAL AS AMENDED 03/12/2019 Council SUBSTITUTE AMENDED AND APPROVED Attachments: Staff Memo (Feb 2019), Draft Resolution, Proposed Docket (Exhibit A), Docket Presentation - March 12 2019, Amended Exhibit A (as revised in SCOTW March 12, 2019 Final Action: 03/12/2019 Enactment Date: 03/12/2019 Enactment #: RES 2019-015 Whatcom County Page 1 Printed on 311312019 Docket, 2/26/2019 Proposed by: Planning & Development Services Introduction date: RESOLUTION NO. 2019-015 DOCKETING COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS WHEREAS, the Growth Management Act (RCW 36.70A.470) requires the County to consider the proposed docket of comprehensive plan and development regulation amendments on at least an annual basis; and WHEREAS, the provisions of WCC 22.10.020 indicate that Comprehensive Plan and development regulation amendments are to be docketed for review by approval of a resolution by the County Council; and WHEREAS, the Whatcom County Planning and Development Services Department has forwarded a docket of proposed Comprehensive Plan and development regulation amendments to the County Council for consideration. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby dockets for formal review the amendments shown on attached Exhibit A. APPROVED this 12th day of March � ��q��fi€tPilpgag`� ATTE$ U Ddua Brcr11ynd av>5;.. Iezk of the Council APPROVEDi'AS;TO FORM: Civil Deputy Prosecutor 2019. WHATCOM COUNTY COUNCIL WHATCO"W4 COUNTY, WASHINGTON Rud Vrowne. Council Chair EXHIBIT A — Docket PLN2019 MRL Expansion Concrete Amend the comprehensive plan designation from Parcel # No -OOOC12 - Breckenridge Nor'West Rural to Mineral Resource Lands (MRL) and amend 400428 165430 and Rd. the zoning map to expand a MRL overlay zone on a portion of parcel # approximately 22.8 acres off Breckenridge Rd., east 400428 254460; of Nooksack. The underlying zoning is Rural one Within the NW 1/4 and dwelling/five acres (RSA). NE 1/4 of section 28, T40N, R4E, W.M. PLN2019 Lummi Island Whatcom Amend Whatcom County Comprehensive Plan N/A -00004 Ferry County provisions relating to the Lummi Island Ferry. Modify Amendments Policy 6A-1 relating to ferry level of service and delete Policy 6C-9 relating to a ferry feasibility study PLN2019 Density Credit Whatcom Amend the Whatcom County Zoning Code to -00005 Program - County implement the following recommendations contained Zoning Code in the TDR/PDR Multi -Stakeholder Work Group Final Amendments Report dated October 3, 2018: (1) modify the UR4 zone in the Birch Bay Urban Growth Area to allow increased density if density credits are purchased and (2) modify the code to allow larger accessory Birch Bay and other areas of the county v N/A PLN2019 Whatcom Whatcom Review and, if needed, revise the Whatcom County N/A N/A -00006 County Code County Zoning Code and other sections of the Whatcom Amendments County Code to implement Comprehensive Plan policies and/or address issues identified in the administration of the codes. Additionally, any revisions needed to achieve consistency with the Growth Management Act may also be considered. PLN2019 Point Roberts Subarea Plan and Point Roberts Special Whatcom County Review and if needed revise the Point Roberts Point Roberts N/A -00007 Subarea Plan and the Point Roberts Special District (WCC 20.72 . District PLN2019 Surface Mining Whatcom County Council Amend the Whatcom County Comprehensive Plan Countywide N/A -0001.0 Pipeline Buffer and Whatcom County Code to determine the minimum safe distance to allow surface mining to o be conducted from a petroleum pipeline to ensure a pipeline will not become exposed or rupture during an earthquake event and contaminate an aquifer. Determination should be based on independent sources where possible and assume a magnitude 9.0 or greater earthquake could occur. PLN2019 Surface Mining Whatcom Amend the Whatcom County Comprehensive Plan Countywide -0001.1 of Dry Meander County and Whatcom County Code to allow the seasonal Zones Council extraction of sand and gravel from dry upland areas located within the 1,000 year meander zone of the Nooksack River, provided that such extraction has no negative impact on salmon spawning habitat. The intent is to (a) reduce the conversion of land currently used for farming, forestry and wildlife habitat into _ gravel pits, and (b) safely remove some of the significant sediment load that enters the Nooksack every year in an effort to reduce flooding and the need to build higher flood prevention berms along the river as the climate continues to change. N/A PLN2018 -00002 Density Credit Program - Comprehensive Plan Amendments Whatcom County Amend the Whatcom County Comprehensive Plan to reflect a shift in emphasis from a traditional transfer of development rights program to a density credit program. Density credits allow development incentives, such as increased density, in exchange for a voluntary contribution towards preserving agricultural lands and open space. N/A N/A PLN2018 Repeal Cherry Whatcom Repeal the Cherry Point -Ferndale Subarea Plan, Cherry Point- N/A -00003 Point -Ferndale County which was adopted in 1981. The proposal would Ferndale Subarea Subarea Plan also amend related provisions in the Whatcom County Comprehensive Plan and Zoning Code. PLN2018 CAO Whatcom The Critical Areas Ordinance (CAO) was adopted by N/A N/A -00005 On -Going County the County Council in December 2017 (Ordinance Agriculture 2017-077). Section 4(a) of this Ordinance states "Planning and Development Services staff shall work with the farming community to develop creative solutions that would allow farmers to maintain or attain ongoing agriculture' status pursuant to applicable laws. Proposed code amendments to the Critical Areas Ordinance related to ongoing agriculture shall be processed with all due haste, but the first proposal shall be brought to Council for consideration no later than July 1, 2018." 3 2 GAG MeniteFi 1n/ ffi Areas E)Fd;nanee by i�/^ Tv7r1 (CA()) was adepted 15, 19K-16, 1OL 17 IOL: 18, peIieiess-10K and alma geal i feF in best, gFeundwateF quality sampling as ealled ..rdeF to the funetiens available seienee, in m niteF rr PLN2 O 1A GG/T-itle 2- 1A/ mReview if the Whateem GeuntyAI_!_A_ I1l_/_A. and, needed, Fevise issues identified in them pelieies and/eF addFess Mpni: Art PLN2018 -00008 Wind Energy System Amendments Whatcom County Planning Commission Review and, if needed, revise WCC 20.14 Wind Energy Systems. N/A N/A PLN2018 -00009 Cherry Point Amendments Whatcom County Council Amend the Whatcom County Comprehensive Plan and Whatcom County Code to address ways the County may limit the negative impacts on public safety, transportation, the economy, and the environment from crude oil, coal, liquefied Cherry Point UGA N/A 11 petroleum gases, and natural gas exports from the Cherry Point Urban Growth Area, in accordance with Whatcom County Comprehensive Plan Policy 2CC- 16. PLN2018 Sustainable Whatcom Amend the Comprehensive Plan to create a new N/A -00010 Salmon Harvest County policy to work with Lummi and Nooksack Nations, Goal Council the State Department of Fish and Wildlife (WDFW) and other stakeholders to establish a sustainable salmon harvest goal for the county. N/A PLN2 DFink ng Wate Whateem Amend Whateern County Gen9prehensive Plan Peliey{�4 A Water-). The amendments weuld define "watef asseeiation" and would allew an applueant that has an adequate and legal wateF supply te cheese net te fffet-. PLN2017 MRL County- Whatcom Through a county -led countywide assessment, seek County -wide N/A -00004 wide County to identify and designate potential commercially Designation significant mineral resource lands, to meet future Process demand, compatible with water resources, agricultural lands, forest lands and other GMA goals pursuant to Comprehensive Plan Policy 8R-1. 7""�Cl�V/"G�C1TC1T New Marines �A, T, Gr. ate a new ems PgaFine Deeur e Lands s MaFine in the . ine /�. eas Y . PLN2016 Wireless Whatcom Review and update provisions in Ghap WCC 20.13 N/A N/A -00006 Communication County (Wireless Communication Facilities) —to ensure Facilities consistency with +=New 2015 FCC rules (80 FR 1238) which are designed to implement and enforce Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and (2) New 2018 FCC rules entitled 'Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment." The ^ etiens to be Feviewed and 20.13-920—ccrmit-rorrS 7 vv-G�2$13 . Q4•0—re-n9rccca - 09 ineluding i updating the eede feF eensisteney with state law. PLN2016 Sign Whatcom Review and revise Whatcom County Code 20.80.400 N/A N/A -00009 Regulations County (Sign Regulations), including updating the code for Update consistency with the U.S. Supreme Court's decision in Reed v. Town of Gilbert (2015). Con PLN2014 Vacation Rental Whatcom Amend Whatcom County Code Title 20 (Zoning) & N/A N/A -00020 Regulations County Title 23 (Shoreline Management Program) to allow PLN2016 vacation rentals under certain conditions as a use -00011 within certain zones and shoreline designations. PLN2015 Code Whatcom Create a new Whatcom County Code (WCC) Chapter N/A N/A -OOOC13 Enforcement County 22.15T,itle 19, called "Code Compliance Amendments ProceduresEnfeFeemen'-," to establish an efficient system to address enforcement of building, critical areas and zoning codes. The proposal would consolidate the existing code enforcement provisions from WCC 15, 16.16, and 20 into a new WCC 22.159. The proposed amendments include provisions that would allow the County to record a document at the Whatcom Auditor's office indicating that there is a code violation on a property. PLN2014 Boundary Line Jay Irwin Amend Section 20.83.110 of the Whatcom County N/A N/A -00001 Adjustments Zoning Ordinance relating to boundary line adjustments. The amendment would allow boundary line adjustments to nonconforming parcels to resolve encroachments such as fences, trees and other occupational indicators. The amendment would also allow boundary line adjustments that modify the boundaries between two nonconforming parcels based upon land owner preferences, as long as the smallest parcel is not decreased in size. PLN2014 Weddings and Whatcom Amend the Whatcom County Zoning Ordinance to N/A N/A -0001.6 Special Events County allow "Weddings and Special Events" in specific zone districts through a conditional use permit. Amend WCC 20.97 to define "Special Events" and amend the parking space requirements in WCC 20.80.580. 7 PLN2013 Bellingham Whatcom Review and potentially revise the Whatcom County These amendments N/A -00003 Development County Code to adopt City of Bellingham Development relate to the Standards Standards for the Bellingham Urban Growth Area Bellingham UGA UGA . PLN2012 Agricultural Whatcom Resolution 2018-027'^� was approved by the Proposal relates to N/A -00007 Strategic Plan County County Council on 8/8/2018"'��� declaring Agricultural and Implementation support for the updated Whatcom County Rural lands Agricultural Strategic Plan. Anr4Immediate priorities-y in this plan includes to reviewing esignation of Agricultural Lands of Long-term Commercial Significance and the agricultural zoning code. Reviewing the Rural Study Areas as listed in the 2007 Rural Land Study and makio e recommendations for possible changes in accordance with Resolution 2009-040 (100,000 acre target) Desel_tien 2011 023 AgFiE^ltuf-a (the StFategie Resolution 2018-027 (Updated Agricultural Strategic Plan) and RCW 36.70A.170 and .177 will be included. Other immediate an short-term and medium -term priorities in this plan include developmentiRg of policies and regulations that provide for protection of the best agricultural areas while supporting development at zoned densities and continued work on development of the Natural Resource Marketplace tee's that can be These activities may lead to proposed changes to the agricultural portions of the Comprehensive Plan and zoning regulations. PLN2012 MRL Expansion Ferndale Amend the comprehensive plan designation from Parcel # N/A -00009 - North Star Ready Mix & Rural to Mineral Resource Lands (MRL) and amend 390110 212100; Rd. Gravel the zoning map to expand a MRL overlay zone on Within the SW 1/4 of approximately 19.7 acres on the west side of North section 10, T39N, Star Rd., south of Brown Rd. The underlying zoning R1E, W.M. is Rural one dwelling/five acres (R5A).