HomeMy WebLinkAboutord2007-021WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2007- 158
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Ori inaior;
3/19/2007
3/27/2007
Introduction
Division Head:
4/10/2007
Public Heari
Dept, Head:
Prosecutor:
Purchasin /Bud el:
Gzecrtive;
TITLE OF DOCUMENT.
Ord. Imposing interim moratorium on new apps within Lake Whatcom Watershed
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? { X )Fes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
4/10/2007
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 imposing an interim moratorium on the acceptance of new applications for subdivisions within the Lake Whatcom watershed
COMMITTEE ACTION.•
COUNCIL ACTION:
3/27/2007: Introduced
4/10/2007: Council Adopted 5 -2, Crawford &
Nelson opposed Ord. 2007 -021
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
AB2006 -172 (A & B)
Number: Ord. 2007 -021
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: fvrvw.co.whatco►n.wa.us /council.
SPONSORED BY: Consent
PROPOSED BY: McShane
INTRODUCTION DATE: March 27, 2007
ORDINANCE # 2007 --021
IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW
APPLICATIONS FOR SUBDIVISIONS WITHIN THE LAKE WHATCOM WATERSHED
WHEREAS, oxygen levels in Lake Whatcom are declining to lower levels and
declining faster than in the past; and
WHEREAS, lower oxygen levels and more rapid decline in oxygen in Lake Whatcom
are related to increased rates of sediment and phosphorus loading into the lake; and
WHEREAS, increased availability of phosphorus has limited the nitrogen availability
in the lake, making the lake more susceptible to blue -green algae blooms; and
WHEREAS, longer durations of very low oxygen levels increase the rate of
methylization of mercury and other anaerobic compounds; and
WHEREAS, increased productivity in the upper waters of the lake lead to increased
disinfection byproducts such as total trihalomethanes (TTHMs); and
WHEREAS, longer durations of very low oxygen levels release phosphorus bound in
the lake sediments resulting in increased availability of phosphorus and further increasing
biological production in the lake;
WHEREAS, Washington State Department of Ecology has listed Lake Whatcom as an
impaired water body and placed Lake Whatcom on the federal Clean Water Act 303(d) list
because of low oxygen levels; and
WHEREAS, the 303(d) listing requires the establishment of a Total Maximum Daily
Load (TMDL) that designates loading capacity of the lake such that there will be no
measurable change in oxygen levels from natural lake conditions; and
WHEREAS, a TMDL requires meeting Water Quality Standards and, for lakes, the
dissolved oxygen criteria is no decline from natural conditions;
WHEREAS, the Washington State Department of Ecology has used a decline of
oxygen levels of no more than 0.2 mg /L as equivalent to natural conditions in the Lake
Whatcom model for the TMDL; and
WHEREAS, other pollutants identified and monitored within the Lake Whatcom
watershed have the highest concentrations in the most developed areas of the watershed;
and
WHEREAS, meeting the TMDL goals and improving oxygen levels in Lake Whatcom
will require variety of comprehensive planning, pollution prevention, pollution reduction and
technical approaches; and
WHEREAS, continued development while the TMDL goals are established and while
approaches for meeting those goals are developed will increase the size of the reductions
and will increase the costs that will be necessary to meet the TMDL goals; and
WHEREAS, Lake Whatcom County Code 20.71 establishes the Lake Whatcom
Watershed as a Water Resource Protection Overlay District; and
WHEREAS, Lake Whatcom is the drinking water source for approximately half the
residents of Whatcom County; and
WHEREAS, the preservation and protection of drinking water is a high priority for
Whatcom County; and
WHEREAS, Lake Whatcom County Code 20.71 establishes the Lake Whatcom
Watershed as a Water Resource Protection Overlay District; and
WHEREAS, the Whatcom County Comprehensive Plan, adopted on May 20, 1997,
establishes the Lake Whatcom watershed as a Special Study Area; and
WHEREAS, Lake Whatcom is a valuable recreation lake for swimming, boating and
fishing, and enhances the property values in the area as long as the lake maintains high
water quality; and
WHEREAS, declining oxygen levels poses a risk to the water quality of Lake
Whatcom that could harm drinking water quality, recreational opportunities and, lake
property values; and
WHEREAS, actions required under the 303(d) listing and TMDL goals as well as
declining water quality will cause a hardship to tax payers, local property owners in the
watershed and water consumers if proactive planning and programs are not established
prior to the establishment of the TMDL goals; and
WHEREAS, the Whatcom County SEPA Official issued a Determination of Non -
significance on January 24, 2005; and
WHEREAS, the Council makes the following findings of fact to justify its actions as
required by RCW 36.70.795:
1. This interim subdivision moratorium is necessary to avoid future degradation
of the Lake Whatcom watershed and the associated threat to the drinking
water supply of approximately half of the citizens of Whatcom County as well
as recreational and lake property values.
2. Without a moratorium additional development lots may be created within the
Lake Whatcom Watershed that will lead to negative hydrologic and storm
water impacts that may cause irreversible harm to Lake Whatcom and
therefore cause harm to the health and welfare of the public.
3. The Whatcom County Council desires the opportunity to evaluate the impacts
of future development in relation to reducing phosphorus loads to Lake
Whatcom and meeting the TMDL goal of reversing the declining oxygen trends
in Lake Whatcom. This evaluation may include but are not limited to the
following:
N Storm water management plans, implementation and maintenance.
N Storm water funding in the watershed.
N Review existing zoning densities and development standards within the
Bellingham Urban Growth Areas in the Lake Whatcom watershed.
N Storm water management in areas that cross City of Bellingham and
Whatcom County jurisdiction.
N Transfer of development rights.
N Land acquisition.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a
moratorium is hereby imposed on the acceptance of new applications for subdivisions in the
Lake Whatcom watershed.
BE IT FURTHER ORDAINED that all lots that remain 5 acres or greater shall be
exempt from this subdivision moratorium.
BE IT FINALLY ORDAINED by the Whatcom County Council that, pursuant to
36.70.795, may be renewed for one or more six -month periods if subsequent public
hearing ,,vLt"1M1#rvd findings of fact are made prior to each renewal.
cou
AQ day of April , 2007.
A ,%0
0
Z C) �VNSY WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Pete Kremen, Executive
pproved ( ) Denied
Date: 4-12 —U'/
MD