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Home My WebLink Aboutord2013-050 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-273 CLEARANCES Initial Date _ Date Received in Council Office Agenda Date Assigned to: Originator: r9 '1�b�2GP? 7/7'31] 3 T/?`f 1 4-l�Cyf,C(:- 110 Division Head: tu? /-10 -13 R E C E / E D 21/(/i3 006 41'0 . et' Dept.Head.: 7-10 -1,3 Prosecutor: 1. !I. /3 JUL 16 2013 Purchasing/Budget: l WHATCOM COUNTY COUNCIL Executive: `/ 7 11(. 1/ 3 TITLE OF DO U[ : Birch Bay NPDES Stormwater Development Regulations ATTACHMENTS: Memo Ordinance • Exhibit A-Text Amendments to WCC 20.80.630, Stormwater and Drainage • Exhibit B-Planning Commission recommended Findings and Reason for Action • Exhibit C-Map of Birch Bay NPDES area SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? (X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Introduction of an ordinance amending the Whatcom County Zoning Code Title 20-Section 20.80.630, Stormwater And Drainage, relating to water quality and stormwater management in the Birch Bay Urban Growth Area. COMMITTEE ACTION: COUNCIL ACTION: 8/06/2013: Forwarded to Council for approval 7/23/2013: Introduced 8/06/2013: Council Adopted 6-0, Weimer absent Ord. 2013-050 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: PLN2013-00012 Ord. 2013-050 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. PROPOSED BY: Whatcom County Planning and Development Services INTRODUCTION DATE: 2013 ORDINANCE NO. 2013-050 AMENDING THE WHATCOM COUNTY ZONING CODE TITLE 20 - SECTION 20.80.630, STORMWATER AND DRAINAGE, RELATING TO WATER QUALITY AND STORMWATER MANAGEMENT IN THE BIRCH BAY UGA. WHEREAS, The State Department of Ecology has included the Birch Bay Urban Growth Area (UGA) in Whatcom County's National Pollution Discharge Elimination System (NPDES) Permit beginning August 1, 2013; and WHEREAS, Whatcom County zoning code, Title 20, Chapter 20.80, Section .630 requires use of the "most current edition[s]" of the manual, the 2012 WA State Stormwater Management Manual for Western Washington; and WHEREAS, the 2013 Western Washington NPDES Phase II Municipal Stormwater Permit does not require use of the 2012 WA State Stormwater Management Manual for Western Washington until December 31, 2016; and WHEREAS, Whatcom County will be implementing all other applicable aspects of the NPDES Phase II permit in Birch Bay on August 1, 2013. These aspects include public education and outreach, public involvement and participation, illicit discharge detection and elimination, and operations and maintenance of infrastructure; and WHEREAS, this proposed text amendment maintains the current Stormwater Special District standards, Water Resource Management Areas; and WHEREAS, existing Whatcom County stormwater requirements and thresholds meet or exceed the 2005 Washington State Department of Ecology Stormwater Management Manual; and WHEREAS, this proposed text amendment implements the 2005 Stormwater Management Manual for Western Washington for larger development projects; and WHEREAS, these development regulations preserve the hydrology and protect water quality through on-site stormwater facilities for individual lots, protected native growth areas, temporary erosion and sediment control, phased clearing, and soil stabilization measures; and WHEREAS, the proposed changes were discussed at the Birch Bay Watershed and Aquatic Resources Management District Advisory Committee on June 19, 2013; and Page 1 of 3 WHEREAS, the Whatcom County Planning Commission held a public hearing on June 27, 2013 on the proposed zoning text amendment, and public comments, questions and concerns received were recorded in the public record. WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, the Council makes the following findings of fact to justify its actions as required by RCW 36.70.795; 1. The Planning Commission recommended approval of the proposed amendments to Whatcom County Council on June 27, 2013. 2. The State Department of Ecology has included the Birch Bay Urban Growth Area (UGA) in Whatcom County's National Pollution Discharge Elimination System (NPDES) Permit beginning August 1, 2013. 3. Development within the 2013 Western Washington Phase II Municipal Stormwater Permit area must adopt a stormwater program for new development, redevelopment, and construction sites that meets the minimum requirements, thresholds, and definitions in Appendix 1 or adopt the WA State Stormwater Management Manual for Western Washington. 4. Our zoning code, Title 20, Chapter 20.80, Section .600 requires use of the "most current edition[s]" of the manual, the 2012 WA State Stormwater Management Manual for Western Washington. 5. The 2013 Western Washington Phase II Municipal Stormwater Permit does not require use of the 2012 WA State Stormwater Management Manual for Western Washington until December 31, 2016 (section S5.C.4.a). 6. Current stormwater regulations in Birch Bay include WCC 20.80.735-Water Resource Special Management Area, and WCC 20.80.630 - .636, Stormwater and Drainage. Development standards are found in Whatcom County Development Regulations Chapter 2, Section 221. 7. A determination of non-significance (DNS) was issued under the State Environmental Policy Act (SEPA) on June 24, 2013. 8. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on June 14, 2013. 9. Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on June 20, 2013. 10.The Planning Commission held a public hearing on the subject amendment on June 27, 2013. Page 2 of 3 PROPOSED CONCLUSIONS 1. The zoning text amendments are consistent with the processing requirements of WCC 20.90.050 and serve the public interest. 2. The amendments will not create an undue burden under section 1.11 of the County Charter. 3. The proposed amendments are consistent with the Comprehensive Plan, the Washington State Growth Management Act, and are in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County zoning code (WCC 20.80.630) is hereby amended as shown in 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 6th day of august 2013. 0,111iiii lrrrr, WHATCOM COUNTY COUNCIL ATTEST: ;; WHATCOM COUNTY, WASHINGTON L../711. ' ' a' Dana Brown-Davy¢ bt1n 1t W K thy Kershner, Council Chair 11,;, — \ /f . . .a'•• �t APPROVED as to ford , _- . * \•� - .� 4 -' I',I i f 111 11.144►►►►,`` y ..................... Civil Nr - FY-es�or Jack Lou s, Couunn//. _ Executive A roved pP ( ) Denied Date Signed Page 3 of 3 Exhibit A Code Revisions — NPDES Phase II — Birch Bay 20.80.630 Stormwater and drainage. (1) All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whatcom County Development Standards or the provision addressed herein, as applicable, unless specifically exempted. (2) No project permit shall be issued prior to meeting the stormwater requirements of this chapter and/or Chapter 2 of the Whatcom County Development Standards. Advisory Note: Certain stormwater discharges to natural receiving waters are subject to state water quality standards and the requirements of the National Pollutant Discharge Elimination System (NPDES). Hydraulic Project Approval (HPA) may also be required if stormwater is discharged to a water body or stream that provides, or could provide, habitat for fish. (3) Unless other county stormwater management provisions are more restrictive, all development activity within NPDES Phase II area boundaries (excepting areas within the Birch Bay NPDES Phase II area boundary), as delineated at the time that the county determines that the development application is complete, shall comply with the most current editions of: • The Washington State Department of Ecology Stormwater Management Manual for Western Washington; and • Appendix 1, Minimum Technical Requirements for New Development and Redevelopment, of the Western Washington Phase II Municipal Stormwater Permit; and • Appendix 7, "Determining Construction Site Sediment Damage Potential," of the Western Washington Phase II Municipal Stormwater Permit. (4) Development activity within the Birch Bay NPDES Phase II area boundary shall be subject to this Chapter or the 2005 Department of Ecology Stormwater Management Manual for Western Washington and Appendix 1 and 7 of the NPDES Phase II 2012-13 permit, whichever is more restrictive. (Ord. 2010-003 Exh. A, 2010; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 96-056 Att. A §§ A2, S9, 1996; Ord. 94-022, 1994).