Section 18.08.020 Organization.
ORDINANCE NO.___________
AN ORDINANCE TO LAND USE AND CRITICAL AREA REGULATIONS; ADDING SECTIONS TO ORDINANCE NO.2198 (THE CITY’S CRITICAL AREA ORDINANCE); IDENTIFYING CRITICAL AREA ACTIONS TAKEN SINCE THE ADOPTIONOF ORDINANCE NO.219 PURSUANT TO THE GROWTH MANAGEMTENT ACT; CONFORMING CITY CRITICAL AREA ACTIONS TO THE REQUIREMENTS OF ESB 1933 (APPROVED MAY 15, 2003) (EFFECTIVE JULY 27, 2003); SETTING A PUBLIC HEARING TO CONSIDER PUBLIC COMMENT ON AMENDMENTS TO ORDINANCE NO. 2198; ENTITLING THIS AMENDED ORDINANCE AS THE “GMA CRITICAL AREAS ORDINANCE 1991/2003”; RATIFYING AND CONFORMING CRITICAL AREA LAND USE REGULATIONS.
WHEREAS, the City of Anacortes published a Notice of Public Hearing on July 31, August 7, and August 14, 1991 to consider amending the City of Anacortes Comprehensive Land Use Plan in the following respect: replace existing Appendices B and C with the West Fidalgo Island Inventory prepared by Jones and Stokes and, designate and classify Natural Resource Lands and Critical Areas.
WHEREAS, the City of Anacortes published a Notice of Public Hearing on July 31, August 7, and August 14, 1991 to consider amending the Anacortes Zoning Ordinance in the following respect: provide protection/regulation for “Natural Resource and Critical Areas".
WHEREAS, the City of Anacortes published a SEPA Determination of Non-Significance on these comprehensive plan and development regulation amendments on July 31, 1991.
WHEREAS, the City Council held the Public Hearings as advertised and adopted Ordinance No, 2197 (CP Amendment) and Ordinance No. 2198 (Zoning Amendment), specifically directing that the critical area work will be updated and amended as additional field studies and inventories are completed.
WHEREAS, Ordinance No. 2197 was published in its entirety and established that the central purpose of this Ordinance was classifying an designating Resource Lands and Critical Areas, and replacing specifically Appendices 2 and 3 of the 1982 Comprehensive Plan with a “Natural Resource Lands and Critical Lands Classification and Designation”; no appeals were filed.
WHEREAS, the CP Amendment of Ordinance No. 2197 was replaced with a GMA compliant Comprehensive Plan adopted in September, 1993 (Ordinance No.___).
WHEREAS, Ordinance No. 2198 was expanded upon a GMA compliant Zoning Ordinance adopted in April, 1994 (Ordinance No._____).
WHEREAS, questions have been raised as to whether or not critical areas have been property and formally designated and protected by the City, and whether enforceable critical areas development regulations are effect in the City.
WHEREAS, RCW 36.70A.390 inter alia authorizes interim zoning controls where, as here, prior designations, protections and regulations have been adopted.
WHEREAS, when Ordinance No. 2197 was replaced with a GMA compliant Comprehensive Plan in September, 1993 the language specifically describing the role of Appendix B to the Plan (“Classifying and designating Resource Lands and Critical Areas”) was not included in the Plan itself.
WHEREAS, state law now mandates “…that critical areas within the jurisdiction of the Shoreline Management Act shall be governed by the Shoreline Management Act and that critical areas outside the jurisdiction of the Shoreline Management Act shall be governed by the Growth Management Act.” (ESHB 1933, Section 1).
WHEREAS, the City finds that its Shoreline Master Program includes the land necessary for buffers for critical areas that occur within Shorelines of the state.
WHEREAS, the City has taken further Critical Area actions (designations and regulation) under the Growth Management Act since Ordinance No. 2198 was adopted in 1992 and wishes to memorialize those actions in an updated, stand-alone GMA critical areas ordinance.
WHEREAS, the City wishes to give the public an opportunity to comment on this integration of existing city ordinances, maps and regulations.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to clarify scope and application of the City of Anacortes critical areas land use regulations, and to integrate such regulations into a more convenient reference with the Anacortes Municipal Code. This ordinance further clarifies the critical area regulatory regime applicable to development within the City.
Section 2. Critical Areas Land Use Regulations. Ordinance No. 2198 be and is hereby amended to add the following sections:
Section 6. The City of Anacortes incorporates herein as critical areas pursuant to RCW 36.70.A.030(5) those critical areas outside the jurisdiction of he Shoreline Management Act as shown in the following documents: the 2002 Comprehensive Plan (Appendix B), the 1997 Skagit County Comprehensive Plan Map Portfolio, and Appendix A, of the City Comprehensive Plan 2002/Stormwater Plan.
Section 7. The City incorporates herein its designation of City Forest Land as described in the Comprehensive Plan 2002/Forest Lands Plan as habitat conservation areas as these lands are placed under the City’s Conservation Easement Program.
Section 8. The City incorporates herein its regulation of frequently flooded area as set forth in Ordinance No. 2617 and the associated FEMA maps.
Section 9. The City incorporates herein its regulation of Aquifer Recharge Areas through the following Chapters of the Anacortes Municipal Code: (Chapter 13.10 (Sewer System), Chapter 13.16 (Drainage Requirements and Regulations), Chapter 13.40 (Hazardous Discharges), Chapter 18.04 (State Environmental Policy Act), and Chapter 18.12 (Land Clearing).
Section 10. Non-Tidal Wetlands are protected by Chapter 17.65 Anacortes Municipal Code (Zoning Ordinance), which is incorporated herein by this reference.
Section 11. Geological hazardous areas are protected by Chapter 17.54 Anacortes Municipal Code (Zoning Ordinance), which is incorporated herein by this reference.
Section 12. Critical areas are protected through SEPA. Project specific mitigation is imposed pursuant to Anacortes Municipal Code 18.04.240, which incorporated herein by this reference.
Section 3. Codification. This Ordinance, together with Ordinance 2198, shall be codified as chapter 17.70 of the Anacortes Municipal Code and entitled “GMA Critical Areas Land Use Regulations 1991/2003”.
Section 4. SEPA Substantive Authority. Anacortes Municipal Code Section 18.04.240 is amended to add the following sections:
Section 18.04.240(D)(3). The City adopts by reference the policies in the following ordinances: city comprehensive plan and development regulations (zoning and subdivision); and, critical areas regulations (Ord. 2198, 1991), as amended by Ordinance No. .
Section 5. Interim Controls. This Ordinance is adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390 and the City Council will hold a public hearing on July 7, 2003 to consider public testimony on this clarifying and integrating ordinance.
Section 6. Ratification and Confirmation. This ordinance clarifies and restates adopted critical areas regulations previously adopted by the City of Anacortes. The City ratifies and confirms its prior actions, identified herein. Nothing in this ordinance constitutes a repeal of prior enactments. All acts taken prior to the effective date of this ordinance are hereby ratified and confirmed.
Section 7. Effective Date. This Ordinance shall be effective from and after five (5) days after its passage and publication as required by Law.
PASSED AND APPROVED the day of June, 2003.
CITY OF ANACORTES
BY: _________________________ H. Dean Maxwell, Mayor
ATTEST:
______________________________
George Khtaian, City Clerk Treasurer
APPROVED AS TO FORM:
______________________________
Ian S. Munce, City Attorney