HomeMy WebLinkAboutord2021-003�Gom Co
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File ID: AB2021-051
File Created: 01/11/2021
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 02/09/2021
Whatcom County
Agenda Bill Master Report
File Number: AB2021-051
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted
Entered by: MAamot@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Final Action: 02/09/2021
Enactment #: ORD 2021-003
Primary Contact Email: maamot c co.whatcom.wa.us<mai[to:inaamotic7co.whatcom.wa.us>
TITLE FOR AGENDA ITEM:
Ordinance adopting Countywide Planning Policies relating to the Review and Evaluation Program (also
known as Buildable Lands) and dispute resolution procedures
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance adopting Countywide Planning Policies (CWPPs) relating to the Review and Evaluation
Program (also known as Buildable Lands) and dispute resolution procedures. The Washington State
Legislature approved ESSSB 5254 relating to the Growth Management Act's "Review and Evaluation"
(buildable lands) program requirements in 2017. This legislation imposes new requirements that
Whatcom County must address, in close coordination with the cities, over the next several years (see
RCW 36.70A.215). One of these requirements is to amend the CWPPs. The seven cities have
concurred with the proposed CWPPs. The County Council has the final authority to adopt CWPPs.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
01/26/2021 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan
Nay: 0
Absent: 0
02/09/2021 Council ADOPTED
Whatcom County Page 1 Printed on 211012021
Agenda Bill Master Report Continued (AB2021-051)
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Attachments: Staff Memo, Draft Ordinance, Final Draft Countywide Planning Policies
Whatcom County Page 2 Printed on 211012021
1-11-2021
PROPOSED BY: Planning & Development Services
INTRODUCTION DATE:
ORDINANCE NO.
2021-003
ADOPTING AMENDMENTS TO THE
COUNTYWIDE PLANNING POLICIES
WHEREAS, The Whatcom County Planning Commission held a public hearing
and issued recommendations on the proposed amendments; and
WHEREAS, The County Council considered Planning Commission
recommendations;
WHEREAS, The County Council held a public hearing; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. The proposal is to adopt Countywide Planning Policies (incorporated into
Appendix C of the Whatcom County Comprehensive Plan) relating to:
a. Review and Evaluation Program (also known as "Buildable Lands");
and
b. Dispute Resolution Procedures.
2. Notice of the subject amendments was submitted to the Washington State
Department of Commerce on April 20, 2020.
3. WAC 197-11-800 categorically exempts procedural actions from State
Environmental Policy Act (SEPA) review. The SEPA Official determined
that the subject proposal is exempt as a procedural action on April 21,
2020.
4. The subject Countywide Planning Policies were posted on the County
website on April 20, 2020.
Pagel of 4
5. Notice of the Planning Commission hearing was published in the
Bellingham Herald on August 28, 2020.
6. Notice of the Planning Commission hearing was posted on the County
website as of August 28, 2020.
7. Notice of the Planning Commission hearing was sent to citizens, media,
cities, and other groups on the County's e-mail list.
8. The Planning Commission held a public hearing on the subject
amendments on September 10, 2020.
9. The Growth Management Act (GMA), originally approved by the State
Legislature in 1990-91, required the County to adopt countywide planning
policies in cooperation with the Cities (RCW 36.70A.040 and RCW
36.70A.210).
10. The GMA states countywide planning policies are used "... solely for
establishing a countywide framework from which county and city
comprehensive plans are developed and adopted pursuant to this chapter.
This framework shall ensure that city and county comprehensive plans are
consistent ..." (RCW 36.70A.210(1)).
11. The County Council adopted the original countywide planning policies in
April 1993 (Resolution 93-024).
12. The County Council amended the countywide planning policies in March
1997 (Resolution 97-011).
13. The County Council amended the countywide planning policies in January
2005 (Ordinance 2005-022).
14. The Washington State Legislature approved Engrossed Second Substitute
Senate Bill 5254 relating to the Growth Management Act's "Review and
Evaluation" program requirements in 2017. This legislation imposes new
requirements that Whatcom County must address, in close coordination
with the cities, over the next several years.
15. The GMA now requires Whatcom County to adopt, in consultation
with its cities, countywide planning policies to establish a review and
evaluation program... (RCW 36.70A.215(1)).
16. The GMA also requires methods for resolving disputes among jurisdictions
relating to these countywide planning policies (RCW 36.70A.215(2)(c)).
Page 2 of 4
17. The City/County Planner Group formulated the subject countywide
planning policies to address the GMA-mandated Review and Evaluation
Program requirements.
18. The City/County Planner Group recommended that the Dispute Resolution
Procedures should apply to any countywide planning issue rather than only
matters relating to the Review and Evaluation Program. Therefore, the
Dispute Resolution Procedures are separate and distinct from the Review
and Evaluation Program policies.
19. The County Executive initiated these Countywide Planning Policies for
review pursuant to an interlocal agreement between the County and Cities
(Whatcom County Contract No. 202007014).
20, The Planning Commission recommended approval of the CWPPs on
September 10, 2020.
21. The County Council passed a motion on October 13, 2020 to send final
draft Countywide Planning Policy amendments to the cities for review and
approval.
22. The seven city councils concurred with the Countywide Planning Policies in
November and December 2020.
23. GMA Planning Goal 11, relating to citizen participation and coordination, is
to "Encourage the involvement of citizens in the planning process and
ensure coordination between communities and jurisdictions to reconcile
conflicts" (RCW 36.70A.020(11)).
24. The subject Countywide Planning Policies include the concepts of
coordination and cooperative relationships between the County and Cities
consistent with the GMA.
CONCLUSION
The subject Countywide Planning Policies are consistent with the GMA and are in
the public interest.
Page 3 of 4
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Countywide Planning Policies are hereby adopted as shown on
Exhibit A.
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 9th day of February , 2021.
WHATCOM COUNTY COUNCIL
WHATCs; f COUNTY, WASHINGTON
faxd`�`.nt�e
1 1
O r,
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F,.
.Dana B;ro'wnDavis'Council Clerk
APPROVED as to form:
/s/ Royce Buckingham
Civil Deputy Prosecutor
Barer�chanan, Chairperson
Approved ( ) Denied
Satpal S hu, Executive
Date:
Page 4 of 4
ff
Final Draft Countywide Planning Policies (October 13, 2020)
Exhibit A
Q. Review and Evaluation Program
1. The County and cities will cooperate to implement and maintain a program
that meets the review and evaluation requirements of RCW 36.70A.215,
unless the Growth Management Act no longer contains these requirements or
sufficient funds are not appropriated by the state.
2. The purposes of this program are to:
a. Compare actual (achieved) development densities with planned
development densities and determine whether the County and cities
are achieving planned urban densities within urban growth areas and
have sufficient suitable land to accommodate planned population and
employment growth through the remainder of the 20-year planning
period.
b. Identify and adopt reasonable measures, if necessary, to reduce the
differences between actual development patterns and growth and
development assumptions contained in the County comprehensive plan
and/or city comprehensive plans.
3. The County, in conjunction with the cities, will develop and maintain a
Review and Evaluation Program Methodology, taking into consideration the
State Department of Commerce Review & Evaluation Program Buildable
Lands Guidelines.
4. The County, in conjunction with the cities, will prepare, adopt, and publish a
Buildable Lands Report in accordance with the timeframes set forth in the
Growth Management Act.
5. The County and cities will follow the Review and Evaluation Program
Methodology for the collection, monitoring, and analysis of development
activity data, and comparing actual growth and development patterns with
growth and development assumptions. As part of this process, the cities and
County will collect data annually. The cities will provide collected data to the
County upon request.
11
Final Draft Countywide Planning Policies (October 13, 2020)
6. When the Buildable Lands Report identifies inconsistencies between actual
development patterns and growth and development assumptions and targets
contained in the County comprehensive plan and/or city comprehensive
plans, the County and cities will discuss whether reasonable measures are
necessary and appropriate to address such inconsistencies before considering
adjusting urban growth areas. Each jurisdiction will individually determine
whether reasonable measures are required under the Growth Management
Act for their jurisdiction.
7. The County and cities will cooperate, and make every effort at the staff level,
to resolve disputes regarding inconsistencies in collection and analysis of
data.
8. Nothing in this policy will be construed as altering the land use power of any
Whatcom County jurisdiction under established law.
R. Dispute Resolution Procedures
1. The County and cities will work cooperatively to implement the countywide
planning policies. The County and cities will work together to attempt to
resolve any disputes regarding implementation of the countywide planning
policies.
2. In the event of an impasse, the jurisdictions involved may mutually agree to
use mediation for a minimum of 90 days. After the 90 day period, the
parties may, by mutual agreement, elect to utilize binding arbitration. In the
event that the parties agree to use arbitration, a three member arbitration
panel will be selected by mutual agreement. If the parties cannot agree on
membership of the panel, each party will select one member and those two
members will select the third member. The decision of the arbitration panel
on the issue will be final.
3. If mediation, arbitration, or both are used, each jurisdiction will be
responsible for its own legal costs, but the jurisdictions involved will split the
costs of a mediator or arbitrators evenly.
4. Nothing in this policy will be construed as altering the land use power of any
Whatcom County jurisdiction under established law.
7