HomeMy WebLinkAboutres2011-020 2010-446
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES Initial . Date Date Received in Council Office Agenda Date Assigned to:
P&D
Originator: 111/L) kl Y 1 1� j® R E ^((v iE I} V E D Dec.7,2010 Committee/Council
Division Head: 6/7/2011 P&D/Council
Dept.Head: I ' 11 &tf 0 NOV I 0 2010 6/21/2011 ?&D/Council
Prosecutor: c -- (i•((-(O W H A I y C O M COUNTY
COUNCIL
Purchasing/Budget: l? vl
Executive: Ply /k3D./0
TITLE OF DOCUMENT:
Resolution Approving the Development Agreement between Whatcom County and Harbor Shores LLC ; and
authorizing the County Executive to sign the Development Agreement.
ATTACHMENTS: Recommendation from the Whatcom County Hearing Examiner to the Whatcom County
Council, Staff Report/Recommendation from PDS to the Whatcom County Hearing Examiner and the
Development Agreement
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.)
A recommendation of approval of the Development Agreement between Whatcom County and Harbor Shores
LLC pursuant to WCC 16.16.260(E)(1) and pursuant to the authority granted by RCW 36.70B.170 through .210
was forwarded to the Whatcom County Hearing Examiner on October 14, 2010. Pursuant to WCC 20.92.850(1),
the Whatcom County Hearing Examiner conducted an open record public hearing on November 10, 2010 for the
development agreement as defined in the Growth Management Act, RCW 36.70B. Pursuant to WCC 20.92.850
(2), the Whatcom County hearing examiner made a recommendation to the Whatcom County Council to approve
the Development Agreement. This recommendation is dated November 18, 2010.
COMMITTEE ACTION: COUNCIL ACTION:
12/7/2010: Held in Committee 12/7/2010: Held in Committee
6/7/2011: Approved changes proposed by Mr. 6/7/2011: Council Approved substitute and
Parkinson and held in Committee held in Committee
6/21/2011: Forwarded to Council for approval 6/21/2011: Council Approved 7-0
Res. 2011-020
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
Res. 2011-020
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: PDS
SPONSORED BY: CONSENT
INTRODUCTION DATE: December 7, 2010
RESOLUTION NO.2011-020
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN
WHATCOM COUNTY AND HARBOR SHORES, LLC
WHEREAS, Whatcom County Planning and Development Services received an
application for a Development Agreement between Whatcom County and Harbor Shores, LLC
pursuant to WCC 16.16.260(E)(1) and pursuant to the authority granted by RCW 36.70B.170
through .210; and
WHEREAS, WCC 20.92.850(1) designates the hearing examiner to conduct an open
record public hearing for development agreements as defined in the Growth Management Act,
RCW 36.70B; and
WHEREAS, An open record public hearing for the development agreement was
conducted on November 10, 2010; and
WHEREAS, A SEPA Determination of Nonsignificance was issued by Whatcom County
Planning and Development on January 8, 2010; and
WHEREAS, Pursuant to WCC 20.92.850(2) the Whatcom County hearing examiner
made a recommendation of approval to the Whatcom County Council of the development
agreement on November 18, 2010.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
Development Agreement between Whatcom County and Harbor Shores, LLC is hereby approved.
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APPROVED AS TO FORM:
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Page: 1 of 13
7/06/2011 3:46 PM
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Whatcom County, WA
Return Document to: Request of: WHATCOM COUNTY COUNCIL
Whatcom County Council Office
311 Grand Avenue; Suite 105
Bellingham, WA 98225
DOCUMENT TITLE:
Development Agreement
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
Resolution Number: 2011-020
GRANTOR(S)(Iast name, first name and initials):
Whatcom County
GRANTEE(S) (last name, first name and initials):
Harbor Shores LLC
ABBREVIATED LEGAL DESCR:[PTION (Lot, block, plat, or section, township, range)
LOTS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 AND LOTS 12, 13 AND 14, BLOCK 3; AND LOT
4, 5, 7, 8, 9, 10, 11 AND 12,BLOCK 4;AND LOTS 4, 5 AND 7 TO 17, INCLUSIVE,
BLOCK 5, PLAT OF HARBOR SHORES, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 9 OF PLATS, PAGE 85,RECORDS OF WHATCOM
COUNTY, WASHINGTON,AND LOTS 98 AND 99, PLAT OF PLYMOUTH CITY,
TOGETHER WITH VACATED ALLEY ABUTTING AS VACATED,
COMMISSIONERS PROCEEDINGS 31-601, JANUARY 28, 1936, ALL WITHIN
SECTION 7, TOWNSHIP 40 NORTH, RANGE 1 EAST, W.M.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
ASSESSOR'S PARCEL NUMBER:
400107 3942100000. Additional parcel numbers are listed on Page 11 (Exhibit`B") and
Page 12 (Exhibit"C") of the Development Agreement.
DEVELOPMENT AGREEMENT
This Development Agreement(the "Agreement") is entered into by and between
Whatcom County (the "County") and Harbor Shores LLC ("Harbor Shores") pursuant to the
authority granted under the Washington State Growth Management Act,per RCW 36.70B.170
through .210, and the Whatcom County Critical Areas Ordinance (CAO),per WCC Chapter
16.16 (Section 16.16.260.E.1),to facilitate the development of certain real property located
within the County upon the following terms and conditions set forth herein.
WHEREAS, Harbor Shores owns certain real property contained within the Plat of
Harbor Shores identified in Exhibit A ("Property") and legally described in Exhibit B. The
Property, as defined herein, is an approximate 11-acre portion of land, containing existing legal
lots of record which constitute 33 individual building lots located along Hall Road, Dearborn
Avenue, Elmwood Drive and Bay Circle, and lying west of Blaine Road, in Whatcom County
Washington, within a portion of the SE Quarter, Section 07, Township 40 N, Range 1 E, W.M.;
and
WHEREAS, Harbor Shores owns additional property identified in Exhibit A("Parcels")
and legally described in Exhibit C. The Parcels are an approximate 2-acre portion of land,
containing two individual lots of record located north of Hall Road, and lying east of Blaine
Road, in Whatcom County Washington, within a portion of the SE Quarter, Section 07,
Township 40 N, Range 1 E, W.M.; and
WHEREAS,the Plat of Harbor Shores has been in existence for over forty years,
complete with improved public roads,public water system, stormwater drainage system, and
individual lots of record that may be built upon by individual lot owners; and
WHEREAS, numerous other lots and parcels have been platted or otherwise subdivided
in the immediate vicinity of the Plat of Harbor Shores; and
WHEREAS, the Plat of Harbor Shores and properties in the general area are situated
within the service boundaries and jurisdiction of the Birch Bay Water and Sewer District; and
WHEREAS, existing lots of record in the vicinity may be built upon with On-Site Septic
Systems (OSS), a sewer system constructed to serve these existing lots of record may reduce
threat to the public health, safety and the environment associated with the proximity of OSS to
Drayton Harbor; and
WHEREAS, the County and Harbor Shores agree that construction of a sewer system is
contingent on a large enough group of parcels to assure the financial viability of the construction;
and
WHEREAS, over the past four years Harbor Shores and the County have been engaged
in discussion concerning the construction of homes on the existing lots of record within the Plat
Harbor Shores Development Agreement, June 21,2011
Page 1 of 8
of Harbor Shores, and while Harbor Shores or any other owner of an existing lot of record may
construct a home on a lot containing critical areas through use of the Reasonable Use Permit
provisions of the Whatcom County CAO (WCC Section 16.16.270) for each lot of record,
Harbor Shores and the County met informally on April 21, 2009, and formally within a pre-
application conference held on August 25, 2009, and agreed that a comprehensive look at critical
areas, impacts to such critical areas and associated mitigation may be beneficial; and
WHEREAS, wetlands have been shown to improve water quality and reduce flooding
and erosion to downstream areas, and are highly beneficial to mitigate effects of stormwater
quality and quantities; and
WHEREAS, the plat of Harbor Shores is located within the Drayton Harbor watershed,
which is regulated as a Stormwater Special District and as a Water Resource Special
Management Area per WCC 20.80.735 and WCC 20.80.635 respectively; and
WHEREAS, the Revised Conceptual Mitigation Plan for the Harbor Shores Project,
prepared by David Evans and Associates, Inc. in February 2010 (the"mitigation plan"),together
with revisions detailed in the letter to the Washington State Department of Ecology dated
January 12, 2011 from Ronald T. Jepson and Associates, will be beneficial to the water resources
of Drayton Harbor by improving the functions, including water quality treatment and hydraulic
function, of on-site and proposed created wetlands; and
WHEREAS, the standards of critical area impact avoidance and minimization, provided
in WCC 16.16.260.A and referenced in Section 4.1 of the mitigation plan, were utilized as
guiding principles in the formulation of the mitigation plan; and
WHEREAS, Harbor Shores has the organizational and fiscal capability to successfully
carry out the purpose and intent of the mitigation plan, as demonstrated by previously permitted
and implemented wetland mitigation projects; and
WHEREAS, there is a clear likelihood for success of the proposed mitigation plan as the
plan is based on County and Washington State Department of Ecology("Ecology") mitigation
ratios and will follow required monitoring standards,which are based on best available science
(BAS) with supporting scientific information, including the completion of U.S. Army Corps of
Engineers (the "Corps") Wetland Determination Data forms, Ecology wetland rating forms and a
functional analysis of all wetlands; and
WHEREAS, the long-term management, maintenance, and monitoring of the mitigation
area will be adequately funded with a mitigation bond per CAO Section 16.16.260.D.1 that will
be posted in the amount of 125 percent of the estimated amount to complete mitigation
installation, maintenance, and monitoring and is outlined within the mitigation plan as prescribed
by County and Ecology standards. Posting of this bond ensures the mitigation will be adequately
funded and that the watershed affected by the mitigation plan will not be negatively affected; and
Harbor Shores Development Agreement, June 21, 2011
Page 2 of 8
WHEREAS, the mitigation plan is consistent with the general purpose and intent of the
CAO as it satisfies the mitigation requirements of the CAO and follows the standards of impact
avoidance and minimization; and
WHEREAS, the mitigation plan is consistent with the goals and policies of the Whatcom
County Comprehensive Plan,particularly Goal 11C and Policy 11K-5, in that it preserves private
property rights and implements Whatcom County's environmental goals and policies through a
comprehensive wetland mitigation strategy,which incorporates both on- and off-site wetland
enhancement and creation; and
WHEREAS, the proposed project results in equal or greater protection and conservation
of critical areas than would be achieved using parcel-by-parcel regulations and/or traditional
mitigation approaches as the existing on-site wetlands are highly degraded wetlands with very
low habitat function currently isolated by roads and existing residences on all sides and the
proposed mitigation plan will enhance all remaining wetlands and buffers with plantings. The
subsequent wetland function will be higher with regards to habitat quality, water quality
function, and hydrologic function(areas of mowed grass versus protected scrub/shrub and
forested habitat with an un-mowed herbaceous layer) as well as the construction of the off-site
mitigation area which creates a large wetland and buffer habitat block and only two proposed
lots along the outside edge; and
WHEREAS, the mitigation plan contains clear and measurable standards (Section 4.3 of
the mitigation plan)for achieving compliance with the purposes of the Whatcom County CAO,
and a description of how such standards will be monitored and measured over the life of the plan
(Section 4.5), and a fully funded contingency plan should any element of the plan not meet the
standards for compliance (Section 4.7.3); and
WHEREAS,the Parties agree that the purpose of this Agreement is to allow Harbor
Shores, or subsequent owners of all or portions of the Property, to proceed with home
construction on said Property within the framework of a predetermined permitting strategy; and
WHEREAS, on the effective date of this Agreement, Harbor Shores and the County have
entered into this Agreement wherein both Parties agree that Harbor Shores has demonstrated
conformance with the applicable provisions of the Whatcom County CAO in the pursuit of home
construction on the Property and Parcels described herein; and
WHEREAS, Harbor Shores has consulted with Ecology and the Corps and has submitted
a JARPA relating to wetland fill and compensatory mitigation, and any such approvals obtained
therefrom shall be adopted by both parties and otherwise included in the development plan as
described herein; and
WHEREAS,the County and Harbor Shores recognize the mutual benefits (net gains in
biological, ecological, and wetland functions and values as prescribed within the Whatcom
Harbor Shores Development Agreement, June 21, 2011
Page 3 of 8
County CAO) arising from the Harbor Shores wetland mitigation plan and the permit
requirements from the Corps and Ecology; and
WHEREAS, on September 24, 2009 the Whatcom County Hearing Examiner granted
Harbor Shores a Shoreline Substantial Development Permit(SHR2008-0014), Shoreline
Conditional Use Permit(SHC2009-0005), and Zoning Conditional Use Permit(CUP2009-0007)
for the installation of sanitary sewer system; and
WHEREAS, on November 25, 2009, Ecology approved concurrent filing of the Whatcom
County approved shoreline substantial and shoreline conditional use permits for sewer line
construction(2009-NN-00041); and
WHEREAS, on May 16, 2011 the Washington State Department of Fish and Wildlife
issued Hydraulic Project Approval (123466-1) for sewer line installation; and
WHEREAS,on May 8,2009 the Corps issued Section 404 Nationwide Permit
authorization(NWS-2008-801-NO) for sewer construction; and
WHEREAS, on May 23, 2011 the Corps issued Section 404 Nationwide Permit
authorization (NWS-2010-81) for wetland fill associated with this agreement; and
WHEREAS, Harbor Shores has entered into this Agreement with the County to seek
approval to address critical areas concerns via implementation of an alternative mitigation
approach, which is authorized by and consistent with the Whatcom County CAO; and
WHEREAS,the preparation of lots for construction of homes on the Property and Parcels
shown in Exhibit A using the Development Agreement process as opposed to or in addition to
the Reasonable Use process is recognized by Harbor Shores and the County as providing
superior results in terms of wetland function and value; and
WHEREAS,the County recognizes that Harbor Shores has contacted the County,
Ecology and Corps for guidance related to wetland jurisdiction, and that Harbor Shores has
completed a thorough avoidance and minimization process regarding wetland impacts; and
WHEREAS, the County issued a SEPA Determination of Non-significance on January 8,
2010; and
WHEREAS,following public notice provided in a manner consistent with the County
requirements and by law, a public hearing regarding this Development Agreement was held by
the County Hearing Examiner on November 10, 2010, and approved by resolution by the County
Council on June 21, 2011; and
WHEREAS,the Whatcom County Council authorizes the County Executive to execute
this Agreement on behalf of the County.
Harbor Shores Development Agreement, June 21, 2011
Page 4 of 8
THEREFORE, in consideration of the mutual promises and covenants contained herein,
the County and Harbor Shores agree as follows:
1. Approval of Development: Harbor Shores,or subsequent owners of all or portions of
the Property and Parcels, are hereby authorized to submit individual building permit
applications for existing lots of record. In lieu of Critical Areas review, limits of
actual construction of homes, driveways,yards and other appurtenances normally
associated with residential home construction, excluding on-site septic systems, shall
be limited to the areas not depicted as critical areas or buffers as shown on Exhibit D.
Fill and grade activities will be allowed within the Property and Parcels in advance of
actual building construction as depicted on the Land Disturbance Permit associated
with this agreement, or as may otherwise be approved by Whatcom County.
2. Property: The location of the Property and Parcels subject to this Agreement is
depicted on Exhibit A and legally described in Exhibits B and C and, as it relates to
critical areas impacts and mitigation, includes those lots identified in paragraph 8
below. Further,this agreement allows for the eventual construction of and connection
to a sewer intended to service lots of record in existence as of the date of this
agreement.
3. Final Approval: This agreement shall be deemed the final critical areas
permit/approval for home construction on the properties described in Exhibits A,B,
and C to the extent that such development does not exceed the scope of this
agreement.
4. Notification to County: Prior to commencement of any activity permitted by this
Agreement, Harbor Shores shall notify the County Planning Director in writing of the
date of the commencement of any such activity and provide a description and scope
of the activity planned.
5. Vested Rights: The permitted, accessory, administrative and conditional land uses
identified in this Agreement are vested as to the Property and Parcels depicted on
Exhibit A and described in Exhibits B and C as of October 19, 2009, and shall be
subject only to those rules,requirements,mitigation, and associated land disturbance
activities set forth in this Agreement;provided, however, that any building structure
shall be subject to the applicable building code requirements in effect at the time of
building permit application, and further that in the event sewer is not extended to the
area that critical areas impacts greater than otherwise proposed in this agreement and
necessary to allow for on-site septic system construction may be required and pursued
through the Reasonable Use process outlined in the CAO. Lot owners may, at their
sole discretion, determine the location of any buildings, driveways, walkways,
landscaping or other improvements, within the building envelope area and as depicted
on Exhibit D of the agreement as being outside of any critical areas or their buffers,
and in accordance with side, rear, and front yard building setbacks.
6. Standards: Whatcom County Development Standards and official Whatcom County
zoning regulations in place at the time of vesting shall apply to all land disturbance •
activities authorized under the Land Disturbance Permit referenced in this agreement.
Harbor Shores Development Agreement, June 21, 2011
Page 5 of 8
Building Codes in place at the time of individual building permit applications shall
apply to all building construction. Any subsequent adopted zoning ordinance
regulation,rule or requirement of the County or other applicable jurisdiction that is
inconsistent with or more stringent than any term or condition of this Agreement shall
not apply to or bind the Property and Parcels.
7. Variances: Nothing herein shall limit or prohibit Harbor Shores or subsequent
property owners from seeking a variance from any of the above referenced standards
pursuant to the variance criteria set forth in the WCC 20.84.
8. Anticipated Development: Two areas of development are associated with this
Agreement. The first area,representing the Property, is within the Plat of Harbor
Shores (Exhibits A and B) and represents 33 individual building lots intended to
accommodate single family home construction. The second area, representing the
Parcels,lies east of Blaine Road(Exhibits A and C) and will be the site of off-site
wetland compensatory mitigation as well as one individual building site for single
family housing. Nothing in this agreement shall be construed as to provide for the
further subdivision of new lots within this area after the date of execution of this
agreement.
9. Critical Areas Impacts and Mitigation: Execution of this Agreement will result in
impacts to wetlands and their buffers, which will be appropriately mitigated as
approved by Whatcom County. The mitigation referenced herein is recognized to
exceed that level of mitigation required by County code
10. Conservation Easement: A Conservation Easement shall be established by Harbor
Shores for those areas of the Property and Parcels depicted on Exhibit D as critical
areas and buffers.
11. Financial Assurance: In accordance with WCC 16.16.260.D.1, long-term
management, maintenance and monitoring of the mitigation site(s) will be ensured
through provision of mitigation assurance in the amount of one hundred and twenty-
five (125)percent of the estimated cost of the mitigation activity, including,
construction, maintenance, and monitoring.
12. SEPA Review: The State Environmental Policy Act(SEPA) review has been
conducted and completed by the County and the County has issued a determination of
non-significance (DNS).
13. Recording: This Agreement shall,when approved by the County Council and
executed by the Parties hereto, be filed as a matter of public record in the office of the
Whatcom County Auditor and shall be in the nature of a covenant running with the
Property and Parcels.
14. Sewer Services. If for any reason, in Harbor Shores sole determination, sewer
services cannot be legally or economically provided for the Property or Parcels,this
Agreement shall remain in full force and effect and Harbor Shores or subsequent
owners of all or portions of the Property or Parcels shall be allowed to construct
homes on said Property or Parcels subject to this Agreement and in accordance with
OSS rules and regulations when specific applications for OSS are submitted to
WCHD and decisions on those applications are made. OSS are reviewed according to
the current OSS rules in place at the time of applications.
Harbor Shores Development Agreement, June 21, 2011
Page 6 of 8
15. Dispute Resolution: In the event of any dispute as to the interpretation or application
of the terms or conditions of the Agreement, Harbor Shores and the County, through
their designated representatives, shall meet within ten (10) days after the receipt of a
written request from any party for the purpose of attempting in good faith to resolve
the dispute. Such a meeting may be continued by mutual agreement to a date certain
to include other persons or parties, or to obtain additional information.
16. Mediation: In the event that such a meeting does not resolve the dispute and prior to
commencing any litigation except for a request for a temporary restraining order and
preliminary injunction, the Parties shall first attempt to mediate the dispute. The
Parties shall mutually agree upon a mediator to assist them in resolving their
differences. If the Parties are unable to agree upon a mediator, a list of seven
mediators with experience in land use matters and applicable Washington State land
use law shall be requested from the Whatcom County Superior Court Presiding
Judge. Each party shall take its turn in striking one name from the list until one name
remains. A flip of a coin shall determine which party strikes the first name. Any
expenses of the mediator shall be borne equally by the Parties. However, each side
shall bear their own costs and attorney fees arising from participation in the
mediation.
17. Applicable Law: This Agreement shall be governed by and be interpreted in
accordance with the laws of the State of Washington.
18. Binding Effect: This Agreement shall be binding upon Harbor Shores and the
County.
19. Severability: If any provision of this Agreement is determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to
implement the intent of the Parties to the maximum extent allowable under law.
20. Modification: This Agreement shall not be modified or amended except in writing
signed by Harbor Shores and the County or their respective successors in interest.
21. Further good Faith Cooperation: Each party hereto shall cooperate with the other in
good faith to achieve the objectives of this Agreement. The Parties shall not
unreasonably withhold requests of information, approvals or consents provided for, or
implicit, in this Agreement.
22. No Presumption Against Drafter: This Agreement has been reviewed and revised by
legal counsel for all parties and no presumption or rule that an ambiguity shall be
construed against the party drafting the clause shall apply to the interpretation or
enforcement of this Agreement.
23. Notices: All communications, notices, and demands of any kind which a party under
this Agreement is required, or desires to give to any other party, shall be in writing
and be either (1)delivered personally, (2) sent by facsimile transmission with an
additional copy mailed first class, or(3) deposited in the U.S. mail, certified mail
postage prepaid, return receipt requested, and addressed as follows:
Whatcom County PDS Harbor Shores LLC
5280 Northwest Drive 4167 Mitchell Way
Bellingham, WA 98226-9013 Bellingham, WA 98226
Harbor Shores Development Agreement, June 21,2011
Page 7 of 8
Notice by hand or facsimile shall be effective upon receipt. If deposited in the mail,
notice shall be deemed received 48 hours after deposit. Any party at any time by
notice to the other party may designate a different address or person to which such
notice shall be given.
24. Duration: This Agreement and the rights and obligations set forth in this Agreement
and associated Land Disturbance Permit shall be for a period of twenty(20)years.
25. Entire Agreement: This Agreement represents the entire agreement of the Parties
with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein. This Agreement supersedes all previous
understandings or agreements between the Parties concerning the subject matter of
this Agreement.
Dated: June 23 , 2011 Dated: 3v , °z c� I r
WHATCOM COUNTY HARBOR SHORES LLC
By: �— By:
Print Name: Pete Kremen Print N.ir Wit; e,
Title: Executive Title: At
Harbor Shores Development Agreement, June 21, 2011
Page 8 of 8
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�RAYTON HARBOR _J
EXHIBIT A HARBOR SHORES
CASCADE�� DEVELOPER AGREEMENT
DAIS: OCTOBER 15.2009 OE91i(: ENGINEERING GROUP,P.S.,INC.
RE JANS0010 /EXHIBIT A ORA M,1Q 119 Grand Avenue,Suite D (360)306-6161
Bellingham,Washington 98225
EXHIBIT B
LOTS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 AND LOTS 12, 13 AND 14, BLOCK 3; AND LOT
4, 5, 7, 8, 9, 10, 11 AND 12,BLOCK 4; AND LOTS 4, 5 AND 7 TO 17, INCLUSIVE,
BLOCK 5, PLAT OF HARBOR SHORES, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 9 OF PLATS, PAGE 85, RECORDS OF WHATCOM
COUNTY,WASHINGTON.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
THE ABOVE LISTED PARCLES ARE ALSO IDENTIFIED WITH THE
FOLLOWING ASSESSOR GEOGRAPHIC PARCEL NUMBERS:
LOT 2, BLOCK 3 - 400107 3942100000
LOT 3, BLOCK 3 - 400107 4022100000
LOT 4, BLOCK 3 - 400107 4082090000
LOT 5, BLOCK 3 - 400107 4152090000
LOT 6, BLOCK 3 - 400107 4242080000
LOT 7, BLOCK 3 - 400107 4602000000
LOT 8, BLOCK 3 - 400107 4651940000
LOT 9, BLOCK 3 - 400107 4641850000
LOT 10, BLOCK 3 - 400107 4631790000
LOT 12, BLOCK 3 - 400107 4741950000
LOT 13, BLOCK 3 - 400107 4741870000
LOT 14, BLOCK 3 - 400107 4741790000
LOT 4, BLOCK 4 - 400107 3911720000
LOT 5, BLOCK 4 - 400107 3891660000
LOT 7, BLOCK 4 - 400107 4071920000
LOT 8, BLOCK 4 - 400107 4171920000
LOT 9, BLOCK 4 - 400107 4161850000
LOT 10, BLOCK 4 - 400107 4081810000
LOT 11, BLOCK 4 - 400107 4011780000
LOT 12, BLOCK 4 - 400107 3991700000
LOT 4, BLOCK 5 - 400107 4101580000
LOT 5, BLOCK 5 - 400107 4171300000
LOT 7, BLOCK 5 - 400107 4581280000
LOT 8, BLOCK 5 - 400107 4631300000
LOT 9, BLOCK 5 - 400107 4641540000
LOT 10, BLOCK 5 - 400107 4581580000
LOT 11, BLOCK 5 - 400107 4231710000
LOT 12, BLOCK 5 - 400107 4631650000
LOT 13, BLOCK 5 - 400107 4731660000
LOT 14, BLOCK 5 - 400107 4741590000
LOT 15, BLOCK 5 - 400107 4731530000
LOT 16, BLOCK 5 - 400107 4711330000
LOT 17, BLOCK 5 - 400107 4711280000
EXHIBIT C
LOTS 98 AND 99, PLAT OF PLYMOUTH CITY, TOGETHER WITH VACATED
ALLEY ABUTTING AS VACATED, COMMISSIONERS PROCEEDINGS 31-601,
JANUARY 28, 1936.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
THE ABOVE LISTED PARCLES ARE ALSO IDENTIFIED WITH THE
FOLLOWING ASSESSOR PARCEL NUMBERS:
LOT 98 PLYMOUTH CITY - 400107 5211930000
LOT 99 PLYMOUTH CITY- 400107 5071930000
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HARBOR MAIN/
EXHIBIT D HARBOR SHORES
DATE: JANUARY 19/2011 D CRP CASCADE' DEVELOPER AGREEMENT
ESac
ENGINEERING GROUP,P.S.,INC.
JANS00T0 /EXHIBIT D DRAWN;ELR 119 Grand Avenue,Suite (980)3088161 PROPOSED MITIGATION
ALE Bellingham,Washington 98225
WHATCOM COUNTY HEARING EXAMINER
RE: Administrative Application ) ADM2009-0026
for Development Agreement )
) FINDINGS OF FACT,
Harbor Shores, L.L.C. ) CONCLUSIONS OF LAW,
AND RECOMMENDATION TO THE
) WHATCOM COUNTY COUNCIL
SUMMARY OF APPLICATION AND RECOMMENDATION
Application: Harbor Shores, L.L.C. is requesting Whatcom County approval of a Development
Agreement entered into by and between Whatcom County and Harbor Shores, L.L.C.
to provide alternative mitigation approaches and a Watershed Management Plan to
satisfy Whatcom County Critical Areas Requirements. The Agreement reached
between Whatcom County Planning and Development Services and Harbor Shores,
L.L.C. is authorized by WCC 16.16.260(E)(1) and authorized by RCW 36.70B.170
through .210. The Agreement provides design standards,development standards,and
mitigation related to critical areas and the construction of single-family residences on
33 existing lots located within Blocks 3, 4, and 5 of the existing Plat of Harbor Shores,
according to the Plat thereof, recorded in Volume 9 of Plats,page 85,records of
Whatcom County,Washington.
Recommendation: The Whatcom County Hearing Examiner recommends that the Whatcom
County Council grant approval to the Development Agreement entered into by
Harbor Shores,L.L.C. and Whatcom County Planning and Development
Services.
FINDINGS OF FACT
INTRODUCTION
The following Findings of Fact and Conclusions of Law are based upon consideration of the
exhibits admitted and evidence presented at the public hearing.
I.
Applicant: Harbor Shores, L.L.C.
Property Address: The property is Iocated at the northwest and southwest corners of the intersection
of Blaine and Hall Roads, Blaine, Washington
1
Legal Description: Located within the SE1/4 of the SE 1/4 of Section 7,Township 40N,Range 1E,W.M.
Assessor's Parcel Numbers: See Attached List
Zone: Urban Residential—4 Units/Acre(UR4)[vested date of Letter of Determination of Completeness]
Subarea: Birch Bay Blaine
Comprehensive Plan: Rural (Proposed for Urban Growth Area subject to Concurrent Review)
SEPA Review: A Determination of Nonsignificance was issued on January 8, 2010.
Fire District: No. 21
School District: Blaine School District No. 503
Water District: Birch Bay Water and Sewer(pending final approval)
Sewage Disposal: Birch Bay Water&Sewer(pending final approval)
AUTHORIZING ORDINANCES AND POLICY
Whatcom County Comprehensive Land Use Plan.
Whatcom County Code Chapter 15,Building Code
State Environmental Policy Act(SEPA). Washington Administrative Code Chapter 197-1.1
Whatcom County Code Chapter 16.16, Critical Areas
Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance
Whatcom.County Code Title 24, Health Regulations
Revised Code of Washington 36.70B.170 through .210
Legal Notices: Posted—October 28, 2010
Mailed—October 22, 2010
Published—October 28, 2010
Hearing Date: November 10, 2010
Parties of Record:
Skip Jansen
Harbor Shores,L.L.C.
4167 Mitchell Way
Bellingham, WA 98226
2
•
Craig Parkinson
Cascade Engineering Group,P.S.,Inc.
119 Grand Avenue, Suite D
Bellingham,WA 98225
Dannon Traxler
Langabeer and Tull,P.S.
PO Box 1678
Bellingham, WA 98227
Phil and Deanna Hutchings
9076 Shipyard Lane
Blaine, WA 98230
William, Georgina and Antony White
9027 Dearborn Avenue
Blaine, WA 98230
Sara and Ervin Klinkon
9087 Shipyard Lane
Blaine,WA 98230
Steven Hrutfiord
8941 Dearborn Avenue
Blaine, WA 98230
Jame Gilday and Jean Allen
4607 Shipyard Road
Blaine, WA 98230
Tyler Schroeder and Wayne Fitch
Planning and Development Services
Exhibits:
1 Land Use Application
1-1 Harbor Shores—Tax Parcel Numbers
1-2 Customer Receipt
1-3 Application Cover Letter dated October 16,2009, from David Evans & Assoc
1-4 Letter of Complete Application, dated November 2, 2009
1-5 Neighboring Property Owner Labels
1-6 Legal Notice of Application,November 9, 2009
1-7 PDS Comment Form Letter,November 9, 2009
1-8 Land Disturbance Application
3
1-9 PDS Technical Advisory Committee Form Memo, November 2, 2009
1-10 Sewer Eligibility Area Map
1-11 Vicinity Map
1-12 Zoning Map
1-13 Plat of Harbor Shores
1-14 Memorandum, dated March 18,2010 from Chad Yunge to Brenda Wilson re:
Developer's Agreement
2 Staff Report, dated October 14, 2010
3 Development Agreement
4 Agency Comments
5 Harbor Shores Developer Agreement,Legend showing plat and mitigation site and sewer
eligibility area
6 Wetland Maps: Existing Conditions, Proposed Impacts, Proposed Mitigation, and Proposed
Grading Areas
7 Archaeological Assessment of the Harbor shores Development: Technical Report, by Garth
Baldwin,December 2, 2009
8 Certificate of Mailing of Notice of Application,November 9,2009
9 DNS, issued January 8, 2010
10 Legal Notice of Open Record Hearing, October 28, 2010
11 Certificate of Posting of Notice of Public Hearing, October 28,2010
12 Certificate of Mailing of Notice of Public Hearing, October 22,2010
13 Staff Email Correspondence re: scheduling
14 Hearing Examiner Decision for Harbor Shores,L.L.C., SHR2008-0014, SHC2009-0005,and
CUP2009-0007,dated September 24,2009
15 Email dated November 9, 2010, from Phil Hutchings re: The Application of Skip Jansen
16 Email from Craig Parkinson dated November 9, 2010 re: Response to Mr. Hutchings
17 Email dated November 9, 2010,from A.White re: The Application of Skip Jansen
4
18 Letter dated November 9,2010 from Dannon Traxler,for Sally Klinkon, re: ADM2009-0026,
with Ordinance No. 10-2769, City of Blaine,Amending Title 13 of the Blaine Municipal
Code re: Requirement to Connect to Public Sewer System
19 Email, dated November 9,2010, from Sarah and Ervin Klinkon re: The Application of Skip
• Jansen
20 Letter dated November 9, 2010, from Deanna Hutchings re: The Application of Skip Jansen
21 Email, dated November 10,2010, from Tyler Schroeder re: minor revisions to Staff Report
and Development Agreement
22 Letter [no date] from Jayme Gilday and Jean Allen
II.
On November 10, 2010, the Whatcom County Hearing Examiner conducted a public hearing
on a proposed Development Agreement,submitted by Harbor Shores,L.L.C. The purpose of the
Agreement is to use alternative mitigation approaches and a watershed-based management plan to
satisfy the Critical Areas Requirements of Chapter 16.16 WCC.
Such agreements are authorized pursuant to RCW 36.70B.170 through 30.70B.210 and by
WCC 16.16.260E.
The lots in question are legally established lots encumbered by significant areas of wetlands.
Whatcom County Planning and Development Services and Harbor Shores,L.L.C. have produced a
Development Agreement, which both the Proponent of the Project and Planning and Development
Services believe is consistent with the requirements set forth in WCC 16.16.260E.
Whatcom County Planning and Development Services prepared a Staff Report,dated October
14, 2010,which is Exhibit No. 2 in the Hearing Examiner file. In this Report, Staff put forth their
Findings and Conclusions, and a Recommendation that the Hearing Examiner recommend to the
Whatcom County Council approval of the submitted Development Agreement.
The Findings set forth in the Staff Report are supported by the record as a whole and are
hereby adopted by the Hearing Examiner as Findings of Fact herein.
III.
The Critical Areas Staff of Whatcom County Planning and Development Services have
reviewed the Revised Conceptual Mitigation Plan for consistency with the Critical Areas Ordinance
and concluded that the Mitigation Plan conforms to all requirements.
Most importantly Planning concluded that implementation of the Development Agreement
5
will result in equal or greater protection and conservation of critical areas than would be achieved by
using parcel by parcel regulations and/or traditional mitigation approaches.
Since the lots in question are legal nonconforming lots, each lot would be entitled to a
reasonable use, in this case a residential use, even if development could not meet the Critical Areas
Standards. Developing each lot separately through the use of the Reasonable Use Exceptions to
Critical Areas Protection would most likely result in less protection and conservation of critical areas
within this watershed than will be achieved by approval of the Development Agreement.
Both Whatcom County Planning and Development Services and the Project Proponent have
recommended approval of the Development Agreement.
IV.
There were written comments from members of the public, as well as comments and
testimony at the public hearing. The issue giving rise to the public concern is a concern of
neighboring property owners that they may be required to hook-up to a sewer should sewer lines pass
their properties and should public sewer be used as a solid waste disposal system for the existing 33-
lots which would be served by this Development Agreement. Specifically,they were concerned that
annexation and/or the creation of a Local Improvement District(LID) might require them to pay
significant hook-up fees, estimated by them to be potentially as much as $30,000 to $40,000, and
thereafter required to pay sewer fees,estimated to currently be $95.00 a month. For this reason,these
citizens are requesting that conditions protecting them from the possibility of forced sewer hook-up
either through the annexation process or from LID formation and fees be addressed as part of this
Development Agreement.
Concerns were also expressed about the potential impacts on the shorelines and critical areas
from the construction of sewer lines.
Harbor Shores has already obtained the necessary permits for the construction of a sewer line.
They indicated,however,that sewer line construction is unlikely. Both the Planning Department and
the Project Proponent agree that a Development Agreement regarding Critical Areas is not the
appropriate forum to discuss issues related to the formation of a LID or potential annexation.
At this time, the properties in question are not within an Urban Growth Area.
V.
Any Conclusion of Law which is deemed a Finding of Fact is hereby adopted as such. Based
on the foregoing Findings of Fact, now are entered the following
CONCLUSIONS OF LAW
I.
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The proposed alternative mitigation approach set forth in the Development Agreement is
designed to provide an alternative mechanism for satisfying critical areas regulations. The Hearing
Examiner concurs with the conclusion reached by Whatcom County Planning and Development
Services that the Development Agreement as presented meets all of the requirements and criteria set
forth in WCC 16.16.260E.
II.
The concerns about annexation, designation of the area as an Urban Growth Area, and the
possible impacts from an LID on property owners in the vicinity of the properties, which are the
subject of this Development Agreement,are not proper issues to be dealt with in a Development
Agreement authorized pursuant to RCW 36.70B and WCC 16.16.260E.
The Hearing Examiner should recommend that the Whatcom County Council approve the
Development Agreement, as an alternative mitigation approach for dealing with critical areas impacts
on the 33-lots which will be subject to the Agreement.
III.
Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on
the foregoing Findings of Fact and Conclusions of Law,now is entered the following
RECOMMENDATION
The Whatcom County Hearing Examiner recommends that the Whatcom County Council approve
the proposed Development Agreement,prepared by Harbor Shores,L.L.C.and Whatcom County Planning
and Development Services.
DATED this 18th day of November 2010.
2.1104 9 1/4);4,,de
Michael Bobbink,Hearing Examiner
7
•
Whatcom County J. E. "Sam" Ryan
PLANNING&DEVELOPMENT SERVICES ., _ Director
5280 Northwest DriveCZ;",, 'F'�
Bellingham,WA 98226
OCT 8 2Q10
October 14, 2010
WNATGaM GOUNTY
HEARING EY.AMII�E�
WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES
STAFF REPORT
The application of I ADM 2009-00026
Skip Jansen 1 Development Agreement
Harbor Shores LLC FINDINGS, CONCLUSIONS,
For a Development Agreement I AND RECOMMENDATIONS
I. SUMMARY OF APPLICATION
Application: The proponent is requesting approval of a Development
Agreement entered into by and between Whatcom County and
Harbor Shores, LLC pursuant to WCC16.16.260(E)(1). The
elements of the Agreement are set forth pursuant to the
authority granted by RCW 36.70B.170 through .210 and WCC
16.16.260E. The Agreement provides the design standards,
development standards and mitigation for the construction of
single family residences on 33 existing lots within Blocks 3, 4
and 5 of the existing Plat of Harbor Shores, according to the plat
thereof, recorded in Volume 9 of Plats, page 85, records of
Whatcom County, Washington.
II. PRELIMINARY INFORMATION
Proponent: Harbor Shores, LLC
•
Property Address: The property is located at the northwest and southwest
Corners of the intersection of Blaine Rd. and Hall Rd.
Legal Description: Located within the SE1 of the SE 1/4 of Section 7,
Township 40N, Range 1E, W.M.
Assessor's Parcel Numbers: See Attached List
Zone: Urban Residential - 4 Units/Acre (UR4) (vested at
date determination of completeness letter date)
Subarea: Birch Bay Blaine
Comprehensive Plan: C _. . _.- _ _ - -. RIcrod
SEPA Review: A Determination of Nonsignificance was issued on
g
January 8, 2010.
Fire District: #21
School District: Blaine School District #503
Water District: Birch Bay Water & Sewer (Pending final approval) . -
Sewage Disposal: Birch Bay Water & Sewer (Pending final approval)
AUTHORIZING ORDINANCES AND POLICY:
1. Whatcom County Comprehensive Land Use Plan.
2. Whatcom County Code Chapter 15, Building Code
3. State Environmental Policy Act (SEPA). Washington Administrative
Code Chapter 197-11
4. Whatcom County Code Chapter 16.16, Critical Areas
5. Whatcom County Code Title 20, Official Whatcom County Zoning
Ordinance
6. Whatcom County Code Title 24, Health Regulations
7. Revised Code of Washington 36.70B.170.through .210
III. FINDINGS
The proponent is requesting approval of a Development Agreement in order to
construct single family residences on 33 lots in the Plat of Harbor Shores. The
applicant has demonstrated a hardship of complying with the standard regulations
set forth in the Critical Areas Ordinance and, as such seek relief form those
standards and requirements through alternative mitigation. The applicant qualifies
for alternative mitigation through this Development Agreement. The project
includes on-site and off-site mitigation of the 18,969 sq. ft. of wetland fill of the on
site wetlands.
Development Agreements are promulgated pursuant to RCW36.70B.170
through 210. The main elements of this Development Agreement are
Development and Design Standards and Mitigation; The following sets forth the
applicable codes and staff comment:
Pursuant to RCW 36.70B.170: "A development agreement must set forth the
development standards and other provisions that shall apply to and govern and
vest the development, use, and mitigation of the development of the real property
for the duration specified in the agreement. A development agreement shall be
consistent with applicable development regulations adopted by a local government
planning under chapter 36.70A RCW." (GMA).
In addition, pursuant to RCW 36.70B.170(3): "For the purposes of this section,
"development standards" includes, but is not limited to:
(a) Project elements such as permitted uses, residential densities, and
nonresidential densities and intensities or building sizes;
2
(b) The amount and payment of impact fees imposed or agreed to in accordance
with any applicable provisions of state law, any reimbursement provisions, other
financial contributions by the property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements under
chapter 43.21CRCW; (SEPA) _
(d) Design standards such as maximum heights, setbacks, drainage and water
quality requirements, landscaping, and other development features;
(g) Phasing;
(h) Revised procedures and standards for implementing decisions;
(i) A build-out or vesting period for applicable standards; and
(j) Any other appropriate development requirement or procedure.
Staff Comment: The Development Agreement is consistent with the above Revised
Code of Washington. The main elements of this Development Agreement are
Development and Design Standards and Mitigation. The Development Agreement
clearly sets forth the Design Standards for the,, development including but not
limited to: lot coverage; landscaping; building ' height; parking; and drainage
pursuant to the referenced Whatcom County Zoning, Building and Engineering
Design and Development Standards within this agreement. In addition, the -
Agreement includes mitigation; vesting, the posting of a mitigation surety and a
conservation easement.
Critical Areas (WCC16.16):
Pursuant to WCC16.16.260E: Alternative Mitigation Approaches and Watershed-
Based Management Plans.
Critical areas staff have reviewed the revised conceptual mitigation plan dated
February 2010 for consistency with WCC16.16, Critical Areas Ordinance, particularly
WCC16.16.260 (A), Mitigation Sequence, and (E) Alternative Mitigation, and find
that the mitigation plan conforms to all requirements: -
1. The county shall facilitate review and/or approval of an alternative mitigation
plan for a major development as defined by this chapter, a planned unit
development pursuant to Chapter 20.85 WCC, and/or a development agreement
pursuant to RCW 36.708.170 through 36.706.210. The mitigation plan shall be
used to satisfy the requirements of this chapter and provide relief and/or deviation
as appropriate from the specific standards and requirements thereof; provided, that
the standards of impact avoidance and minimization shall remain as guiding
principles in the application of these provisions and when it is demonstrated that all
of the following circumstances exist:
a. The proponent(s) demonstrate the organizational and fiscal capability to carry
out the purpose and intent of the plan;
3
Staff comment: The proponent has demonstrated the ability to successfully
implement large mitigation projects within Whatcom County (examples: Bay Crest
South & North, case #: MIT2004-00015 & MIT2005-00004).
b. The proponent(s) demonstrate that long-term management, maintenance, and
monitoring of the watershed will be adequately funded and effectively
implemented; •
Staff comment: Currently the existing roads and development areas are served by
series of ditches and the proposed wetland enhancement and creation will increase
water quality, hydrologic function and greater flood storage area in the Drayton
Harbor watershed and protect downstream properties. An Assignment of Savings in
the amount of 125% of the estimated construction, maintenance and monitoring of
the mitigation shall be submitted to Whatcom County Planning and Development
Services prior to installation of compensatory mitigation to insure adequate
funding.
c. There is a clear likelihood for success of the proposed plan based on supporting
scientific information and demonstrated experience in implementing similar plans;
Staff comment: The mitigation plan was developed in accordance with the
Whatcom County Critical Areas Ordinance and is based on best available science.
The proponent has consulted with the Department`of Ecology and the Corps and
has submitted applications relating to wetland fill accordingly.
d. The proposed project results in equal or greater protection and conservation of
critical areas than would be achieved using parcel-by-parcel regulations and/or
traditional mitigation approaches;
Staff comment: By providing for comprehensive mitigation for all unavoidable
impacts, the project results in equal or greater compensation that would be
achieved using parcel-by-parcel regulations and/or traditional mitigation
approaches. In addition, the applicants have proposed extra mitigation not
required by WCC 16.16.680(B)(2) which should result in increased protection of the
watershed.
e. The plan is consistent with the general purpose and intent of this chapter and the
comprehensive plan;
Staff comment: The mitigation plan is consistent with the general purpose and
intent of the critical area ordinance as well as the comprehensive plan. The
proponents are utilizing off-site mitigation to further environmental goals identified
in the comprehensive plan. This will allow single family development on existing
lots of record that were created prior to the adoption of the critical area ordinance
in an organized and efficient manner.
f. The plan shall contain relevant management strategies considered effective and
within the scope of this chapter and shall document when, where, and how such
strategies substitute for compliance with the specific standards herein; and
Staff comment: The mitigation plan was developed in accordance with local, state
and federal regulations and implements best available science.
4
g. The plan shall contain clear and measurable standards for achieving compliance
with the purposes of this chapter, a description of how such standards will be
monitored and measured over the life of the plan, and a fully funded contingency
plan if any element of the plan does not meet standards for compliance.
The mitigation plan contains relevant management and monitoring.strategies . _
considered effective and within the scope of the code. It is also consistent with the
general purpose and intent of this requirement. If necessary the technical
administrator can extend the monitoring period in the event that the desired
mitigation goals are not met during monitoring and a contingency plan is
implemented.
Staff Comment: The Final Mitigation Plan is consistent with the above Critical Areas
provisions. Wayne Fitch, Natural Resources Supervisor has reviewed the Final
Mitigation Plan and has provided a memo dated October 1, 2010 regarding the
consistency of the Plan with the applicable Critical Areas provisions. See attached
memo for entry into the Hearing Examiner File as an Exhibit.
RESOLUTION NO. 2007-008:
Whatcom County Council adopted Resolution Number 2007-008 on February 13,
2007. The resolution established the Public Hearing Process for Development
Agreements under the Growth Management Act. The Resolution is attached for
entry into the Hearing Examiner File as an Exhibit.
Pursuant to WCC20.92.850: Public hearing process for development agreements
under the Growth Management Act.
(1) The Whatcom County hearing examiner is designated to conduct the open
record public hearing for development agreements as defined in the Growth
Management Act, Chapter 36.70B RCW.
(2) The Whatcom County hearing examiner shall conduct an open record public
hearing and prepare a record thereof, and make recommendation to the county
council for approval or disapproval of development agreements as defined in the
Growth Management Act, Chapter 36.70B RCW. (Ord. 2008-008 Exh. A, 2008; Res.
2007-008, 2007).
Public Comments:
Two letters of public comments were submitted to the record, as follows;
(1) Resources, dated December 7, 2009 discussing the Conceptual Mitigation
Plan for the harbor Shores Plat and the overall intent of WCC 16.16 in regards to
Development Agreements for alternative mitigation.
Staff Comment: The Final Mitigation Plan is consistent with the above Critical
Areas provisions. Wayne Fitch, Natural Resources Supervisor has reviewed the Final
Mitigation Plan and has provided a memo dated October 1, 2010 regarding the
consistency of the Plan with the applicable Critical Areas provisions.
5
(2) North Whatcom'Fire District, Dated January 15, 2010 and February 1, 2010.
in regards to the District's adopted and approved Capital Facilities Plan and the
ability fo the County to require mitigation, pursuant to the County's SEPA authority.
Staff Comment: The Whatcom County SEPA Official issued a Determination of
Nonsignificance on January 8, 2010. The SEPA determination had a 14 day
comment period and a 10 day appeal period. No appeals were submitted
associated with the SEPA determination. The Whatcom County SEPA official
reviewed the comments from the North Whatcom Fire District and did not find that
a reasonable nexus existed between the Development Agreement for alternative
wetland mitigation and the impact to concurrency associated with the construction
of Single Family Residence on existing platted lots. Also, the Whatcom County Fire
Marshall's office reviewed the application and is requested conditions of approval as
outlined in the Whacom County Fire Marshall's Office Memorandum, dated January
28, 2010. These conditions were discussed in further detail and the Whatcom
County Fire Marshall's Office verified that the conditions of approval have already
been met, as a hydrant was installed about 18 months ago by Birch Bay Water and
Sewer District at this intersection and the roads within the plat are not being developed
any further, and the roads as they exist meet county standards in that all of them have
through access with adequate widths and radii for fire access.
IV. STATE ENVIRONMENTAL POLICY ACT (SEPA)
A Determination of Nonsignificance was issued on January 8, 2010.
V. RECOMMENDATION
Planning and Development Services recommends that the Hearing Examiner make a
recommendation of approval to the county council for approval of the subject
development agreements as defined in the Growth Management Act, Chapter 36.70B
RCW, subject to the following conditions:
VI. CONDITIONS OF APPROVAL
1) The proponent shall obtain all Federal and State related permits including but
not limited to permits from the Army Corps of Engineers and the Department of
Ecology. These permits shall be obtained prior to issuance of any building or -
development related permits issued by Whatcom County.
2) The proponent shall record the Development Agreement with the Whatcom
County Auditor's Office pursuant to RCW 36.70B.190.
3) The proponent shall record the Conservation Easement referenced in the
Development Agreement as number 10 of the Agreement.
4) All compensatory mitigation shall be installed prior to application of single
family residential construction. An as-built report prepared by the qualified
consultant shall be submitted and approved prior to approval of development of
the lots.
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