HomeMy WebLinkAboutord2007-053WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 - 158 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
9/18/2007
9/25/2007
Council Introductio
Division Head.-
10/9/2007
Hearing
Dept. Head:
Prosecutor:
Purchasin Bud et:
Executive:
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 ? ( ) Yes ( ) NO
SEPA review completed? ( ) 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 imposing an interim moratorium on the acceptance of new applications for subdivisions within the Lake Whatcom Watershed
COMMITTEE ACTION:
COUNCIL ACTION:
9/25/2007: Introduced
10/9/2007: Council Adopted 6 -1 Crawford
opposed Ord. 2007 --053
Related County Contract 9.
Related File Numbers:
Ordinance or Resolution
Number. Ord. 2007 -053
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 SPONSORED BY: Consent
2 PROPOSED BY: McShane
3 INTRODUCTION DATE: September 25, 2007
4
5
6
7 ORDINANCE # 2007 -053
8
9 IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW
10 APPLICATIONS FOR SUBDIVISIONS WITHIN THE LAKE WHATCOM WATERSHED
11
12 WHEREAS, oxygen levels in Lake Whatcom are declining to lower levels and
13 declining faster than in the past; and
14
15 WHEREAS, lower oxygen levels and more rapid decline in oxygen in Lake Whatcom
16 are related to increased rates of sediment and phosphorus loading into the lake; and
17
18 WHEREAS, increased availability of phosphorus has limited the nitrogen availability
19 in the lake, making the lake more susceptible to blue -green algae blooms; and
20
21 WHEREAS, longer durations of very low oxygen levels increase the rate of
22 methylization of mercury and other anaerobic compounds; and
23
24 WHEREAS, increased productivity in the upper waters of the lake lead to increased
25 disinfection byproducts such as total trihalomethanes (TTHMs); and
26
27 WHEREAS, longer durations of very low oxygen levels release phosphorus bound in
28 the lake sediments resulting in increased availability of phosphorus and further increasing
29 biological production in the lake;
30
31 WHEREAS, Washington State Department of Ecology has listed Lake Whatcom as an
32 impaired water body and placed Lake Whatcom on the federal Clean Water Act 303(d) list
33 because of low oxygen levels; and
34
35 WHEREAS, the 303(d) listing requires the establishment of a Total Maximum Daily
36 Load (TMDL) that designates loading capacity of the lake such that there will be no
37 measurable change in oxygen levels from natural lake conditions; and
38
39 WHEREAS, a TMDL requires meeting Water Quality Standards and, for lakes, the
40 dissolved oxygen criteria is no decline from natural conditions;
41
42 WHEREAS, the Washington State Department of Ecology has used a decline of
43 oxygen levels of no more than 0.2 mg(L as equivalent to natural conditions in the Lake
44 Whatcom model for the TMDL; and
45
46 WHEREAS, other pollutants identified and monitored within the Lake Whatcom
47 watershed have the highest concentrations in the most developed areas of the watershed;
48 and
49
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:
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 RCW
3fi.70.79,X%MvJihp {Fnewed for one or more six -month periods if subsequent public
hearir 'Jd�d 1%dings of fact are made prior to each renewal.
G�1P314 day of October 2007.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Darr, Bro►JGrk isrtlerl`"f the Council Carl Weimer, Council Chair
AP R Erb+ Tp.ifkdl -
ivil Deputy Prosecutor Pet remen, Executive
( JAp proved ( ) Denied
Date: