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HomeMy WebLinkAboutord2009-040 WHATCOM COUNTY COUNCIL AGENDA BILL Na 2009 - 205 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Cathy �n 4/14/09- Craver l� L '7 V d . D 1 (introduction Division Head: Oliver /28/09 Grate ( (r IS ( 4 NR / Council Dept. Head: David ( e-1-3 y/ v / APR a 2009 5 / 12 / 09 Council Stalheim Prosecutor: Royce Buckingham 7` / - 3- a t WHATCOM COUNTY COUNCIL Purchasing/Budget: Executive: Pete Kremen 1-1 7 „ 07 TITLE OF DOC T: f Ordinance amending the Whatcom County Comprehensive Plan removing the "Provisional Urban Growth Area " designation from Sudden Valley. ATTACHMENTS: Ordinance 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.) Ordinance amending the Whatcom County Comprehensive Plan removing the `Provisional Urban Growth Area " designation from Sudden Valley. • COMMITTEE ACTION: COUNCIL ACTION: 4 / 28 / 2009 : Forwarded to Council for approval 4 / 14 / 2009 : Introduced 4 / 28 / 2009 : Council forwarded to concurrency 6 - 1 Crawford opposed 5 / 12 / 2009 : Council Adopted 6 - 1 Crawford opposed Ord . 2009 - 040 Related County Contract #: . Related File Numbers: Ordinance or Resolution Number: Ord . 2009 - 040 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. . . . . . . . . . ._._ ._ _ . . . 1 SPONSERED BY : Consent 2 PROPOSED BY : PDS 3 INTRODUCTION DATE : 4 / 14 / 09 4 5 6 ORDINANCE NO . 2009 -040 7 8 9 AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN REMOVING THE 10 ` PROVISIONAL URBAN GROWTH AREA' DESIGNATION FROM SUDDEN 11 VALLEY 12 13 14 WHEREAS, Lake Whatcom is the drinking water source for approximately half the 15 residents of Whatcom County ; and 16 17 WHEREAS , the preservation and protection of drinking water is a high priority for 18 Whatcom County ; and 19 20 WHEREAS, Washington State Department of Ecology has listed Lake Whatcom as an 21 impaired waterbody and placed Lake Whatcom on the federal Clean Water Act 303 ( d ) list 22 because of low oxygen levels ; and 23 24 WHEREAS, through the Growth Management Act, counties must designate urban growth 25 areas that encourage growth within them ; and 26 27 WHEREAS, the Whatcom County Comprehensive Plan identified the Lake Whatcom 28 watershed as an area where limiting development is desirable ; and 29 30 WHEREAS, the Provisional Urban Growth Area designation is given to encourage future 31 urban levels of development, and contradicts the desire to limit development ; and 32 33 WHEREAS, Whatcom County's Comprehensive Plan Policy 2AA- 2A states , " If 34 incorporation has not been accomplished by the end of 2006 , the Sudden Valley Provisional UGA 35 will be designated as a " Recreational Subdivision " . 36 37 WHEREAS , RCW 36 . 70 . 795 requires the adoption of Findings of Fact to justify Council 38 action , the Council makes the following Finding of Facts : 39 40 1 . Notice of the Planning Commission hearing was published in the Bellingham Herald 41 Sunday, June 29 , 2008 . 42 43 2 . Notice of the subject amendment was sent to the Department of Community Trade and 44 Economic Development ( CTED ) and other State agencies on June 4 , 2008 . 45 46 3 . Lake Whatcom has continuing water quality degradation due in part by watershed 47 development . 48 49 4 . The " Urban Growth Area " designation would allow for potential incorporation of 50 Sudden Valley . 51 Page 1 1 5 . Incorporation of Sudden Valley would lead to increased density and development 2 within the Lake Whatcom watershed . 3 4 6 . On February 28 , 2006 , the Whatcom County Council adopted an emergency 5 ordinance to rescind Sudden Valley's designation as an Urban Growth Area . 6 7 . On September 13 , 2007 , the Boundary Review Board passed a motion to not proceed 7 with the Sudden Valley incorporation petition due to the rescinding of the urban 8 growth area designation . 9 10 8 . A determination of non -significance ( DNS ) was issued under the State Environmental 11 Policy Act ( SEPA) on April 3 , 2009 . 12 13 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 14 Whatcom County Comprehensive Plan is hereby amended as indicated in Exhibit A, B , 15 and C of this ordinance . 16 17 18 19 ADOPTED this 12th day of May , 200 9 . 20 21 `��ii ► iiiiriiiiii,, 22 ��\‘��`'� � C 0011/�i, WHATCOM COUNTY COUNCIL 23 ATT� ?. SHAT • .Q %, WHATCOM COUNTY, WASHINGTON 24 ; • : <( — 0 ••�i ; • . NTY 26 = �� / jj 4 28 DaAa Brg if - Duis , f -i ofShe Council Seth eetwood , ncil Chair 29 30 %, ' • SHING . • ' 31 0,,,,,i/ * i `-`````%�. 32 iriiii WHATCOM COUNTY EXECUTIVE 33 WHATCOM COUNTY, WASHINGTON 34 APPROVED AS TO,FOR 35 .._ -------- aga,---- 37 l/ S / 38 Civil Deputy Prosecutor Pete Krem , ounty Executive 39 40 ( Approved ( ) Denied 41 42 Date Signed : SCL/7` `09 43 44 45 Page 2 Chapter Two - Land Use ** Urban Growth Areas Policy 2M-2 : Ensure that existing land uses do not cause further degradation of habitat for threatened and endangered species . Policy 2M-3 : Develop educational tools and incentives to encourage existing land uses to restore degraded habitat to properly functioning conditions , especially for threatened and endangered species . Policy 2M-4 : Place a note on all permits issued by the County for clearing or development activity within % mile of the documented habitat of threatened or endangered species , as shown on the county fish Distribution Map , alerting the property owner to the presence of these species . Policy 2M-5 : Require subdivisions and short plats to be designated in a manner to protect fish habitat and water quality when a fish bearing stream or river passes through the site . URBAN GROWTH AREAS - INTRODUCTION This section presents policies , map designations and rationale for the urban growth areas for Bellingham , Blaine , Everson , Ferndale , Lynden , Nooksack, Sumas , Birch Bay , Columbia Valley , Cherry Point, and Custer. Map 8 shows designated urban growth areas . Purpose The purpose of this section is to establish areas within the County where growth will be directed . The boundaries , as defined , are an attempt to concentrate growth and provide urban areas in accordance with expected growth needs while ensuring the county's identified values to preserve private property rights and reduce unnecessary regulations . Process County Planning and Development Services staff used this information to develop specific boundaries for county unincorporated urban growth areas . Planning staff worked with representatives from each city through the Growth Management Oversight Committee to develop the most appropriate boundaries for each city. Boundaries were further refined through public hearings and work sessions and by referring to the comprehensive plans and recommendations from the cities . GMA Requirements The Growth Management Act requires the designation of urban growth areas (RCW 36 . 70A. 110) . These areas are to include cities and other areas characterized by urban growth or adjacent to such areas , and are to be designed to accommodate the projected population growth for twenty years . Any growth that occurs outside the areas cannot be urban in nature . The act further specifies that urban growth should , first, be located in areas that already have public facilities and service capacity and , second , in areas where such services if not already available , are possible . Whatcom County Comprehensive Plan Chapter Two - Land Use ** Urban Growth Areas URBAN GROWTH AREAS - BACKGROUND SUMMARY Each city provided information in their comprehensive plans , in work sessions with planning staff, and at public hearings and work sessions before the County Council to provide the data and assumptions used as a guide in setting Urban Growth Boundaries . The comprehensive plans for each city and the written and oral input provided by them at the public hearings and work sessions serve as background for establishing UGAs . Each city utilized different methodologies to determine their present land capacity and land use needs . Their analyses incorporated many factors , some of which are unique to individual cities . Such variables as service capability, average population per household , infrastructure and non-residential land needs , natural systems and critical areas constraints , ownership and development trends and appropriate market factors to assure adequate supply and affordable housing were considered . URBAN GROWTH AREAS - ISSUES , GOALS, AND POLICIES Overall The Growth Management Act assigns the responsibility of designating urban growth areas to counties . Growth is to be encouraged within urban growth areas and discouraged outside them . Urban Growth Boundaries are set in accordance with the policies established in Chapter 36 . 70A RCW and applicable regulations . Specific consideration is given to approved comprehensive plans for the municipalities and their supporting justification . Modifications have been incorporated into this plan based upon several criteria : • The need to assure logical service boundaries , • The need to avoid isolated pockets or abnormally irregular boundaries , •Consideration of land needs analysis of residential , commercial and industrial needs within urban areas , and • Identification of special needs with respect to unique non-city industrial sites (such as Cherry Point) , and County areas for which the County will actively support incorporation as appropriate (such as Birch Bay, or Columbia Valley) . County-Wide Planning Policies set guidelines for designating city urban growth areas including : • Small cities' UGAs shall be of an adequate size to allow them to become viable economic centers . • The size of cities' UGAs shall be consistent with their ability to provide services . • UGAs shall include contiguous areas with urban characteristics and zoning . Whatcom County Comprehensive Plan Chapter Two - Land Use ** Urban Growth Areas • Sufficient land shall be provided within UGAs to accommodate the 20-year urban growth projection , plus a reasonable land supply market factor. Whatcom County Comprehensive Plan EXHIBIT B January 2006 Chapter Two - Land Use Unincorporated Residential/Recreational Urban Growth Areas and Recreational Subdivisions Birch Bay, Sudden Valley, and the Columbia Valley/Kendall area are unincorporated areas with sizable populations and substantial amounts of existing , residential/recreational development. These areas are characterized by a mix of permanent residents and second home use , which reflects both the population growth that has occurred in the unincorporated areas of Whatcom County and the resort/recreational nature of these areas . Birch Bay Birch Bay is a resort community which has the highest growth rate and the most potential for development of any unincorporated area in the county. The area has historically been a second-home resort area with a trend toward permanent, often retirement homes . A high proportion are still second homes . According to the 2000 U . S . Census , approximately 51 % of the housing units in the Birch Bay Census Designated Place are vacant or seasonally occupied . The 2000 census counted 5 , 094 housing units in the Birch Bay Census Designated Place , including recreational units and RV sites . There are an estimated 2 , 353 acres of undeveloped residential land in the Birch Bay UGA. Approximately 942 of these acres are constrained by wetlands and other critical areas . Considering a 25% market factor and a deduction of land for infrastructure , utilities , shoreline and critical areas there is sufficient residential land for approximately 3 ,450 new residential or recreational units within the Birch Bay Urban Growth Area . Assuming that 50% of the units will be recreational and that the occupied units would have 2 . 33 residents per household , these housing units could house an additional 4 , 019 full-time residential and provide as many as 1 , 725 seasonal housing units or RV sites . Water and sewer are provided by Birch Bay Sewer and Water District which has a network of water lines throughout most of the district including the Birch Point area which was removed from the urban growth area in 2004 . Birch Bay Water and Sewer District has the capability of providing sewer service to the entire urban growth area , but the present system covers a much smaller geographic area than the water distribution . The sewer service area also includes land which was removed from the Urban Growth Area , but there is no sewer service outside of the urban growth area . The district purchases water under a contractual agreement from the City of Blaine . In April 2002 , the District entered into a 30 year contract with the City of Blaine to purchase water adequate to serve the Districts projected need for water through 2022 . The District also has a pending application for groundwater rights to a well drilled by the District, and an application to transfer water from the Nooksack River, by means of a contract with Whatcom County PUD 1 , to supply the longer term needs of the community. In 1992 , an attempt was made to incorporate Birch Bay; however, it was defeated by the voters . One of the issues was whether a portion of the Cherry Point Industrial Area should be included within the boundaries for incorporation . The County Comprehensive Plan now includes a number of policies that would prohibit the inclusion of the Cherry Point area with the boundaries of a future incorporation of Birch Bay. In 2002 , a citizen group competed a Community Plan for the Birch Bay Urban Growth Area and surrounding rural area . The Birch Bay Community Plan , as revised , was adopted as a Whatcom County Comprehensive Plan January 2006 Chapter Two - Land Use Subarea of the Whatcom County Comprehensive Plan in 2004 and provides more detailed background information and policy direction regarding growth and development within Birch Bay. Where there are conflicts between the Birch Bay Community Plan and the Whatcom County Comprehensive Plan , The County Comprehensive Plan shall prevail . Columbia Valley/Kendall Located in the northeast region of the developed portion of the county, the Columbia Valley/Kendall UGA is the most populous area in the eastern part of Whatcom County. The Columbia Valley area , like many other areas in Whatcom County, was originally developed to cater to a seasonal population , primarily Canadians who are allowed to spend up to six months per year in the United States . 2000 U . S . Census data indicates that approximately 52% of the existing housing is either seasonal or vacant. However, portions of the area , particularly Paradise Lakes , have become attractive for permanent residents , with this trend expected to increase to 60% in the 20 year planning period . The lots are affordable and the current and projected development will provide an available work force for economic development. Columbia Valley refers to two large subdivisions , Paradise Lakes and Peaceful Valley, which are located along both sides of Kendall Road (SR547) . These developments include a golf course , a large pond and wetland complex along Kendall Creek, and some undeveloped land . There are approximately 2 , 000 platted lots , with an estimated 1 , 615 current dwelling units consisting of recreational cabins , manufactured homes , and permanent residences . Since designation of the Columbia Valley/Kendall UGA in 1999 , dwelling units have increased by approximately 17% . Accounting for some buildout of undeveloped land , summertime populations could reach 5 , 000 people within the 20 year planning horizon . Paradise Lakes has public roads and continues to utilize septic systems for sewage disposal . The Evergreen Water-Sewer District provides public water service (formerly provided by the Paradise Lakes Country Club) to residential and camper lots within the Paradise Lakes divisions . Peaceful Valley has private roads and a water and sewer system managed by Water District 13 which has ample capacity. The district has gone through bankruptcy because of the need to carry the capital debt and operating costs of a system that is under- utilized . Public transit service is provided to the Columbia Valley/Kendall area by the Whatcom Transportation Authority (WTA) . Local east-county law enforcement is provided by a full time resident Sheriff's Deputy that is based out of Kendall . The small town of Kendall has a commercial district, fire station , and an elementary school . Sudden Valley Recreational Subdivision Sudden Valley was established in the early 1970s as a recreation/resort area located in the Lake Whatcom Watershed . But over the last thirty years it has developed into an Urban Residential area . Sudden Valley has private paved roads , all underground utilities (electricity, gas , cable and telephone) , and a public water and sewer system provided by Lake Whatcom Water and Sewer District. Fire District #2 , strategically located in Sudden Valley, provides fire and ambulance service . Sudden Valley's 1 , 724 total acres originally included 4 , 648 platted single-family lots/condominiums , a limited commercial area , community facilities , a marina , Whatcom County Comprehensive Plan January 2006 Chapter Two - Land Use and a golf course . Of the 1 , 545 acres , 835 acres of open space and 140 acres of golf course (63%) are community association owned . The remaining 749 acres (43%) are private property. 2000 US Census data indicates that approximately 26% of the existing housing in S udden Valley is either seasonal or vacant. S udden Valley contributes to a high volume of vehicle trips on Lake Whatcom Boulevard and Lake Louise Road . Right-of-way and alignment studies have been proposed for the 6-year TIP to study alternatives , cost and location relative to addressing the growing volume of vehicular trips on Lake Whatcom Boulevard and Lake Louise Road . Public transportation services are provided by the Whatcom Transportation Authority (VVTA) . S udden Valley lies within the Lake Whatcom Watershed where limiting development has been identified as desirable . The Sudden Valley Community Association (SVGA) has a Board of Directors mandated lot consolidation program with a targeted density reduction of 1 ,400 lots , reducing the total lots for development from 4, 648 to 3 , 248 . To date approximately 75% ( 1 , 047 lots) have been placed into density reduction of which 452 are voluntary private lot consolidation . SVGA funding has been set aside to purchase additional lots for density reduction . In accordance with the 2000 Lake Whatcom Management Program , the County and lake Whatcom Water and Sewer District have also assisted Sudden Valley with their density reduction program through several joint agreements and exchanges of property and restrictive covenants . To date , the SVCA, County, and Lake Whatcom Water and Sewer S istrict have acquired 115 undeveloped lots in Sudden Valley at annual tax foreclosure auctions . The Lot Consolidation Covenant to Bind process has , also , increased voluntary private lot consolidation . The County Council has exempted Sudden Valley from the Lake Whatcom Transfer of Development Rights (TDR) program because Sudden Valley's density reduction plan meets the intent of the TDR program . S ince 1985 , Sudden Valley has mandated the use of appropriate stormwater best management practices through standards for individual stormwater detention for all new construction . Any new building permits on existing lots must be able to demonstrate that stormwater detention is included on the plan as a precondition to issuance of a permit. S udden Valley is also subject to additional regulatory protections that apply to the Lake Whatcom watershed under the Water Resource Protection Overlay District, Stormwater S pecial District, and Water Resource Special Management Area requirements . Under the provisions of these special districts , potential impacts from impervious surfaces , stormwater runoff, and clearing activities are required to be addressed on-site . S udden Valley has implemented a 10-year Forest And Wildlife Stewardship (FAWS) plan with the State of Washington Department of Natural Resources ( DNR) . This plan provides environmental education and guidance to the Sudden Valley community, on a continuing basis , to assure sound environmental health and safety for plants , animals , and residents with an emphasis on properly managing flora and fauna indigenous to the region . GOAL 2AA : Recognize Birch Bay and the Columbia Valley/Kendall area as county urban growth areas , not associated with existing cities . Policy 2AA- 1 : Work with the Birch Bay Water and Sewer District to amend the District service area boundaries to be consistent with the revised Urban Growth Area and establish policies for provision of water service to portions of the District that were removed from the UGA. Whatcom County Comprehensive Plan January 2006 Chapter Two - Land Use Policy 2AA-2 : Work with Birch Bay Water and Sewer District and the City of Blaine to resolve the issue of jurisdiction north of Lincoln Road and east of the long term planning area until a master plan has been completed to identify traffic impacts and infrastructure/utility/service needs , and appropriate mitigation measures . Policy 2AA- 13 : Preclude additional commercial zoning within the urban growth area until the Small Town Commercial district in Kendall is fully developed and a land supply study demonstrates a need for additional commercial land . Policy 2AA- 14 : Facilitate meeting the unique needs of Sudden Valley due to its location within the Lake Whatcom Watershed . Policy 2AA- 15 : Recognize the existing parcelization and the commitment for development of the remaining multi-family parcels in Sudden Valley . Policy 2AA- 16 : Work with the Community Association towards achievement of the density reduction target of 1 ,400 lots within Sudden Valley. Policy 2AA- 17 :. If the county acquires lots through tax foreclosure , consider selling them as non-buildable lots . Policy 2AA- 18 : Support Lake Whatcom Water and Sewer District's effort to maintain adequate sewer capacity and control stormwater run-off in keeping with appropriate environmental controls and the Sudden Valley Community Association's density reduction goal . Policy 2AA- 19 : Explore alternatives for traffic impact mitigation including : • enhanced bus service to Sudden Valley • consideration of some additional commercial and limited light industrial development within existing Neighborhood Commercial and Resort Commercial zones to create a fuller service community to limit shopping and journey to work trips Policy 2AA-20 : Recognize Sudden Valley as a " Recreational Subdivision" . Policy 2AA-22 : Work with all parties to maintain , and appropriately plan for infrastructure , public services , and stormwater retention so that Sudden Valley can develop to its appropriate potential . Policy 2AA-24 If incorporation has not been accomplished by February 26 , 2006 , the Sudden Valley Provisional UGA will be designated as a " Recreational Subdivision . " Whatcom County Comprehensive Plan EXHIBIT C January 2006 Appendix C-County- Wide Planning Policies maintain proper buffers from natural resource areas to minimize conflicts with natural resources and industries based on them . D . CITY URBAN GROWTH AREAS 1 . The Urban Growth Areas for the small cities shall be of an adequate size to allow them to become viable economic centers with a balance of jobs and housing . The small cities shall do appropriate planning to ensure adequate distribution of land uses and services at a range of urban densities and zoning classifications . 2 . Urban Growth Areas for cities shall include those areas contiguous to cities and with urban characteristics as defined by the Act. The Geneva area in Bellingham 's UGA is characterized by urban development, but is also identified by the city and county as a Water Resource Protection UGA because of its location in the Lake Whatcom Watershed . Lake Whatcom is the drinking water source for much of the Bellingham urban area . Geneva is appropriate to include in an urban growth area , but is not an area where additional urban development is desirable . 3 . Cities shall develop a plan to provide urban level water and sewer services within their Urban Growth Areas . This plan should be developed in cooperation with existing water purveyors and other municipal corporations providing water or sewer services within each city's Urban Area , and should be implemented through interlocal agreements . Short term and long term boundaries may be used to facilitate provision of urban levels of service and to not preclude future urban densities as defined within the Whatcom County Comprehensive Plan. 4 . Existing cities should absorb additional population at a range of densities appropriately responsive to the city's community vision before extending city Urban Growth Areas into areas where growth would adversely impact critical areas and resource lands . In those small cities entirely surrounded by flood plains , critical area and resource lands or within Shellfish Protection Districts , the county and the city shall seek to negotiate a balance between protection of resources and the allocation of adequate land area to meet the growth needs of the city and to maintain the desired character of the community. 5 . All cities should grow in an efficient manner while maintaining their character and , where reasonable , shall provide for adequate open space between cities to prevent strip development. 6 . Cities should be encouraged to provide positive incentives for in-fill . E . NON -CITY URBAN GROWTH AREAS 1 . Urban Growth Areas may also be established in areas that are not contiguous to existing cities , and are already characterized by urban growth where adequate facilities and services can be provided and which are intended to meet needs not met by cities and their Urban Growth Areas . Whatcom County Comprehensive Plan C- 1 January 2006 Appendix C-County- Wide Planning Policies 2 . Non-city urban growth areas , for already urbanized unincorporated residential areas shall be encouraged to infill in a way that will facilitate efficient provision of facilities and services consistent with the scale of development. 3 . Cherry Point shall be designated as an unincorporated industrial urban growth area in recognition of existing large scale industrial land uses . Additional large scale development shall be encouraged consistent with the ability to provide needed services and consistent with protecting critical areas along with other environmental protection considerations . The Cherry Point industrial area is an important and appropriate area for industry due to its access to deep water shipping , rail , all-weather roads , its location near the Canadian border, and its contribution to the County's goal of providing family wage jobs . 4 . The County shall assure that there are plans to provide appropriate levels of urban facilities and services within non-city Urban Growth Areas . These plans should be developed by special purpose districts , water associations and private service providers within each of these Areas , and should be implemented , where appropriate , through interlocal agreements . Short term and long term boundaries may be used to facilitate provision of urban levels of service . F. CONTIGUOUS , ORDERLY DEVELOPMENT AND PLANNING IN URBAN GROWTH AREAS* 1 . Cities , the county and special districts shall execute interlocal agreements to coordinate plans for and manage growth in Urban Growth Areas prior to annexations . Interlocal agreements shall acknowledge and implement the County-wide Planning Policies . 2 . Interlocal agreements shall incorporate clear and reasonable criteria for orderly annexation . The county and the cities shall establish a process to incorporate representative citizen input into interlocal agreement and encourage appropriate districts to participate . If adequate procedures are developed to replace it, the Boundary Review Board may be replaced . 3 . All urbanized areas currently within urban growth boundaries associated with cities should be encouraged to annex to cities . Orderly annexations with logical boundaries shall be encouraged . Interlocal agreements shall specify guidelines on size , timing of annexations and urban levels of development, and tax revenue sharing when appropriate . 4 . Within Urban Growth Areas , cities shall not extend water and sewer utilities without an adopted program for annexation and an adopted Capital Facilities Plan . Exceptions may be made in cases where human health is threatened as determined by the Whatcom County Comprehensive Plan C-2