HomeMy WebLinkAboutord2005-010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004/342
CLEARANCES
initial
Date
Date Received in Council Oflice
Agenda Date
Assi nedm:
Originator Amy d Pederson
(/
_ ' ' - .
Vr�y
9, /28/04 Council Introduction.
) . ,. )
10/26/04 Planning /Council
Dnision Head Sylvia Goodwin
Dept Head: Hal Hart
ly4eflAll
r ^? 2 204
" `, rr e - e
Prosecutor: Karen Proust
Purchasing /Budget
Executive: Pere Keegan
SUBJECT:
R oposed amendments to the Whatcom County Comprehensive Plan, Chapter 2 -Land Use, City ofBlaine Urban Growth Area
ATTACHMENTS:
(1) Proposed ordinance
(2) Planning Commission Findings of Fact & Reasons for Action, Conclusions, and Recommendations
(3) Staff report andproposed amendments
(4) Draft Planning Commission minutes
SEPA review required? ( x ) Yes ( J NO
Should Clerk schedule a hearing? ( ) Yes ( x') NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date:
' A hearing must be held %the Council changes the Planning Commission
recommendation WCC 20.10.110.
SUMMARY STATEMENT:
Distribution Request
Pursuant to RCW 36.70A.130, Whatcom County is required to review and
revise its comprehensive plan, as needed, by December 1, 2004. The proposed
amendments constitute Whatcom County's 7 -year review and update of
List mdsecoil° to the rece6e r copy nper Council anion
List spulfie names to the righr.
ADS Facilities management
sections of the Whatcom County Comprehensive Plan, Chapter 2 - Land Use,
related to the City of Blaine UGA. The amendments clarify use and calculation
ADSFinance
of "net developable" densities in the UGA; add action items related to zoning
ADS Human Resources
ADSholoservices
and development regulations in the UGA; amend Policy 2U -6 to update
Assessor
information regarding the interlocal agreement between the City of Blaine and
the County; remove action item #20; and amend Appendix E, Map #28 -B
Auditor
Blaine UGA.
Cooperative Extension
District Court
Note: The subject proposal is one of a number of comprehensive plan
Executive
Health
amendments initiated this year. These amendments must be considered
Hearing Examiner
concurrently by the County Council so that the cumulative effect of the various
Jail
proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to the
review schedule established in WCC 20.10.120, final Council action on these
amendments should occur on or about November 30.
COUNCIL ACTION TAKEN:
Juvenile
Parks
2/2004: Introduced.
P/ ° ^ ^' ^g
Hal Hart
10
10/266/2004: Committee recommended approval to the full Council.
Prosecutor
10/26/2004: Council forwarded to concurrency meeting.
Public Works
1/25/2005: Adopted 7 -0. ORd. #2005 -010
Sheriff
Superior Court
Treasurer
Related County Contract #:
Haar
Ordinance or Resolution Number
Related File Numbers: CMP2004 -00003
(this item): Ord. #2005 -010
SPONSORED BY:-.PQ&
PROPOSED BY: PDS
INTRODUCTION DATE: 9/2g/04
ORDINANCE NO. 2005 -010
AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 2 -
LAND USE, TO UPDATE SECTIONS RELATING TO THE CITY OF BLAINE URBAN GROWTH
AREA, AS NECESSARY, IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT 7 -YEAR
COMPLIANCE REVIEW REQUIREMENT PER RCW 36.70A.130
WHEREAS, the Growth Management Act requires counties and cities to review and, if
needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW
36.70A.130); and
WHEREAS, it is also appropriate to review the comprehensive plan in light of new
information and changed County and City priorities; and
WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham
Herald; and
WHEREAS, the Planning Commission held a public hearing on the proposed amendments
on July 22, 2004 and held additional work sessions on August 12, 2004 and September 9, 2004;
and
WHEREAS, the Planning Commission has evaluated the proposed amendments; and
WHEREAS, the County Council has considered the Planning Commission's Findings of Fact
& Reasons for Action, Conclusions, and Recommendations; and
WHEREAS, the Whatcom County Council finds the amendments to be within the interest of
the public health, safety and welfare; and
WHEREAS, the County Council has adopted the following Findings and Conclusions:
FINDINGS AND CONCLUSIONS
1. Notice of the Planning Commission public hearing forthe subject amendments was published in
the Bellingham Herald on July 8, 2004.
2. The Whatcom County Planning Commission held a public hearing on July 22, 2004.
3. A determination of Non - significance was issued by the Whatcom County SEPA official on
August30,2004.
4. State law requires that Whatcom County review its Comprehensive Plan by December 1, 2004
to ensure continued compliance with the Growth Management Act (RCW 36.70A.130).
Page 1
5. Pursuant to RCW 36.70A.130, the proposed Comprehensive Plan amendments attached as
Exhibits A and B constitute Whatcom County's seven -year review and update of the official
Whatcom County Comprehensive Plan, Chapter 2 — Land Use, Urban Growth Areas (UGAS)
sections, relating to the City of Blaine UGA to ensure continued compliance with the GMA and
incorporate new information.
6. Pursuantto RCW 36.70A. 040, Whatcom Countyadopted the Whatcom County Comprehensive
Plan on May 20, 1997.
7. Pursuant to RCW 36.70A.110, counties are required to designate urban growth areas within
which urban growth will be encouraged and outside of which growth can only occur if it is not
urban in nature.
8. Pursuant to RCW 36.70A.130 cities and counties are required to continually review, evaluate,
and revise their comprehensive plans and development regulations, if needed, to ensure that
the provisions of those plans and regulations are consistentwith the requirements ofthe Growth
Management Act (GMA).
9. Pursuant to RCW 36.70A.130(4)(a) the countyand cities are also required to reviewand revise
their comprehensive plans and development regulations, as needed, by December 1, 2004 and
every seven years after that.
10. As many of the cities are currently in the process of reviewing and updating their respective
comprehensive plans, no amendments are proposed to the boundaries or allowable
development densities within the Blaine Urban Growth Area as part of the proposed
amendments. Whatcom County will conduct a review and update of urban growth areas, as
necessary, in accordance with RCW 36.70A.130(3).
11. Services and utilities are currently available, orare planned to be available, to serve City UGAS.
12. The County has entered into interlocal agreements with all of the Cities regarding annexation
and development in the Urban Growth Areas.
13. Updated population projections forthe Countyand Urban Growth Areas have been adopted by
Whatcom County.
14. Designated Resource Lands are not being impacted by the proposed amendments to the
County Comprehensive Plan as no additions are being proposed to any of the previously
adopted city Urban Growth Boundaries.
15. The County anticipates initiating future modifications to current zoning designations within UGAS
to ensure that future urban development densities can be achieved.
16. The June 30, 20001nterlocal Agreement between Whatcom County and the City of Blaine has
eliminated the need for policy direction to adopt such an agreement (Policy 2U -6).
17. Because the City of Blaine is primarily responsible for providing urban services in its UGA and
because it is expected that Blaine will annex portions of the UGA either before, or soon after
development, it is important that development within the City's UGA be consistent with the City's
zoning and development standards. One way to help assure this is by revising the Interlocal
Page 2
Agreement. The proposed revisions to Policy 2U -6 and addition of new Action Plan Item number
20 will provide policy support and direction for such revisions.
18. It is in the best interests of both Whatcom County and the City of Blaine to assure that interim
development in the UGA does not preclude eventual development at urban residential densities
and for urban public, commercial, industrial and mixed uses. The proposed revisions to Policy
2U -6 and addition of new Action Plan Item number 21 will provide policy support for such zoning
action on the part of the County and are further supported by City of Blaine Comprehensive Plan
Policy 3.3 which states: "The City should coordinate with Whatcom County to ensure that
portions of the Urban Growth Area which are designated as Planned Residential or Residential
Planned Recreation will develop at rural density, with a five acre minimum lot size until such time
as they are annexed, Master Plans or Planned Unit Development Plans are adopted and sewer
service is extended."
19. According to the Whatcom County Comprehensive Plan, Short Term Planning Areas (STPA's)
are used as a tool for facilitating provision of urban levels of services and to prevent sprawl
within the Urban Growth Area (UGA). Further, Policy 2S -3 ofthe Plan specifies inclusion ofland
in a Short Term Planning Area to allow forthe provision of sewer to reduce or eliminate on -site
sewage system related environmental impacts under certain conditions.
20. Whatcom County Comprehensive Plan Policy 2U -4 for the Blaine UGA supports retaining the
STPA designation where urban services are available (parcel #400118 402017, Block 8 of
Maple Leaf Park add to Blaine, approximately 3.55 acres, 4610 Lincoln Rd.).
21. Establishment of the Drayton Harbor watershed as a Water Resource Special Management
Area and Stormwater Special District by the Whatcom County Council has eliminated the need
for Land Use -Urban Growth Areas Action Plan item #20.
22. Most of the issues listed in Policy 2U -6 are addressed by the interlocal agreement with the City
of Blaine; County Council action with regard to the Drayton Harbor watershed; and the proposed
amendments.
23. The City of Blaine Comprehensive Plan Policy 3.4 states: "The City of Blaine will negotiate
and adopt an Interlocal Agreement with Whatcom County to include:
Implementation of the proposed Critical Aquifer Recharge Protection Plan, as included in
the Blaine Groundwater Management Program, 1995, including adequate protection of
the category I Wetlands located in the area.
Establishment of a transfer of a development rights program to further reduce
development impacts within the established watershed protection area.
Maintenance of existing larger lot zoning designations for all areas outside established
urban growth areas.
Require all new developments within the City's UGA to comply with City of Blaine
development standards.
Provide joint City /County review and approval for all development proposals within the
City's UGA."
Page 3
Interlocal Agreement Page 9, Section 7 -D, Creation of an Aquifer Recharge Protection Overlay
has addressed the first item listed above. Interlocal Agreement Page 11, Section 11 -C, Transfer
of Densities has addressed the second item. The third item listed above provides support for
the proposed Comprehensive Plan Policy 2U -6 amendments and the proposed new Action Plan
item 20. The fourth item listed above provides support for the proposed Comprehensive Plan
Policy 21J-6 amendments and the proposed new Action Plan item 21. Interlocal Agreement
Page 6, Section 3 -E has addressed the last item listed above.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Comprehensive Plan be amended as shown in Exhibit A.
Section 2.
The Official Whatcom County
Comprehensive
Plan Map be amended as shown in
Exhibit B.
Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of the
Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof
other than the part so declared to be invalid.
O'�� day of Tannary 2005
�.•' NATO *000 .
%
J 1� O.y, ���:. WHATCOM COUNTY COUNCIL
CfY = WHA OM COUNTY, WASHINGTON
Dana - auis ♦ Laurie Caskey - Schreiber, Council Chair
ClEfjc off he (ease **a ;`
e0e APPRIi/$J��r to �y,M`�x�`` pproved () Denied
/Caren Frakes, Civil Deputy Prosecutor Pee Kremen, Executive
Date:
Page 4
of Blaine Urban Growth Area EXHIBIT A
WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 — Land Use
(from pages 2 -26 to 2 -29 of the Whatcom County Comprehensive Plan)
Blaine
County goals encourage Blaine to develop residentially zoned areas at average net densities of
four units per net developable F'`.^^ w, ipst Al acre. Although future densities are lower than those
sought by county goals, there is good justification for the Blaine Urban Growth Area. It should
be particularly noted that the City of Blaine has completed a detailed wetland inventory for its
urban growth area. This inventory identified as much as twice as many wetlands as the National
Wetland Inventory which was used by the county.
Blaine is a unique community within Whatcom County. The central part of Blaine has
developed at relatively moderate to high densities. However, newer outlying areas, particularly
the Semiahmoo area, which has developed as a resort community with low density residential
clustered around a golf course, are zoned residential but contain large open spaces which
contribute to the very low average density for the city.
Issues in determining the Blaine Urban Growth Area include housing affordability, water quality
protection, overlapping jurisdiction of service provision with the Birch Bay Water and Sewer
District, and an abundance of urban zoning adjacent to the existing city limits.
Housing Affordability
According to the Blaine Comprehensive Plan, well over 50% of the building permits issued since
1989 have been in the Semiahmoo area with an average value of $240,000. Of the 365 single
family residential lots sold at Semiahmoo between 1987 and 1994, only 124 have been
developed. At the same time, only 37% of people employed within Blaine live within the city
limits. A number of lots in the area are purchased for recreational homes, investment, or future
development as retirement residences. Most of the jobs in Blaine are in hotels, motels,
restaurants, bars, gas stations, retail sales, nursing homes, and fish processing plants. The
above statistics paint a picture of a community with a shortage of housing in the lower income
brackets. The urban growth area for Blaine is intended to be of sufficient size and location to
provide an adequate housing supply for low and moderate income workers, and to allow for
master planned resort and residential communities and long -term development.
Water Quality and Quantity
The city of Blaine has a draft 20 year water system plan that is currently under review by the
City Council. The city owns and operates a municipal water system which provides domestic,
commercial, industrial and irrigation water to retail customers within the city limits and within
greater Blaine. The system also provides surplus water on a wholesale contract basis to the
Birch Bay Water and Sewer District and the Bell Bay Jackson Water Association.
The source supply for the city derives from a 30 square mile groundwater aquifer system in the
Dakota Creek watershed east of the city. The city currently has permitted water rights to
withdraw up to 2770 GPM of water supplies from the aquifers and has completed the drilling of
two additional wells. Application has also been made for water rights to allow for the expansion
City of Blaine Urban Growth Area EXHIBIT A
of its system to meet growth requirements. Based on an investigation and analysis of the
aquifers, the city can adequately meet its current 20 year projected needs
Service Provision
The Utility Element of the proposed Blaine Comprehensive Plan discusses the availability of
services. Without obtaining further water supply or reducing demands, it appears Blaine may
have difficulty providing an adequate water supply. Several options are proposed to increase
the supply; none are guaranteed.
Immediately south of Blaine is Birch Bay, a large unincorporated county urban growth area.
Zoning in this area is currently at urban levels, subject to availability of adequate water and
sewer, primarily four units to the acre. Birch Bay is served by the Birch Bay Water and Sewer
District, which presently receives water through a contract with Blaine. There is some question
whether this contract will stay in force. The district has contracted with Public Utility District #1
for an alternate or additional source of water using the Public Utility District allocation from the
Nooksack River. A legal challenge may delay this action for some time.
The water issues in and around Blaine are complicated and clear solutions have not yet been
achieved. It may be appropriate to re- evaluate expanding the boundaries of the Urban Growth
Area when resolutions to water supply have been achieved.
Existing Urban Levels of Zoning
Blaine is surrounded by areas of County Urban Residential zoning. These areas are historically
where urban growth is anticipated but are limited in their development levels until water and
sewer service are extended. Community Value Statements prohibit the use of downzoning as
an implementation tool to achieve Growth Management goals. Thus, wherever Blaine has
requested the inclusion of land zoned UR, it has been included in the UGA. In some cases,
however, water and potential sewer service are by the Birch Bay Water and Sewer District.
Efforts to develop interlocal agreements between Birch Bay Water and Sewer District and
Blaine continue on an on -going basis.
Areas included in the UGA - (Map UGA -2)
East
The urban growth area for Blaine includes land designated for medium to high density
development in the area immediately east of the city. It has historically been identified as a
growth area for Blaine and has been designated with Urban Residential zoning by the county.
Services are easily provided and it is an appropriate area to include and it provides an
opportunity for Blaine to encourage the development of median income housing. Blaine is the
only city in the county where the number of people employed exceeds the population. It appears
that there is not sufficient housing to accommodate workers. Inclusion of this area should help
to resolve this problem.
South
The land area south of Drayton Harbor has been included because of its location, sandwiched
between the western and eastern expanses of the Blaine city limits which, at this time, is only
connected by water. It is also included because of the urban level of zoning historically
assigned by the county (UR4). Blaine does not propose to serve this area with utilities. The
of Blaine Urban Growth Area EXHIBIT A
Birch Bay Water and Sewer District will provide water and sewer when future development
occurs. Blaine seeks control of the area to coordinate transportation planning and ensure water
quality protection and coordinated shoreline management. In recognition of these factors, the
county has included this area; however, the county is very concerned that the water quality of
Drayton Harbor be protected. Blaine's protection of the area must meet or exceed the county
levels.
An area south of Blaine known as West Semiahmoo and Cannery Hill has been included. This
area has been traditionally zoned for urban development, has approved preliminary plats, and is
intended to be served with water and sewer from either the Birch Bay Water and Sewer District
or Blaine.
The Loomis Trail area located south of Blaine and just west of Interstate -5 has been included in
the growth area requested by Blaine, based on the fact that it presently has a vested application
for a planned unit development permit for urban development under Whatcom County zoning
regulations. The city of Blaine and the Birch Bay Water and Sewer District will provide services
to the Loomis Trail development. An additional development, Sunday Harbor, located just south
of California Creek, west of Blaine Road was also included. This development provides smaller,
urban density residential lots and is served by Birch Bay Water and Sewer District.
GOAL 2U:
Provide a sufficient Urban Growth Area for Blaine to ensure an
adequate housing supply and obtain Growth Management Act and
county land use goals.
Policy 2U -1:
No annexation of Cannery Hill or West Semiahmoo is permitted until the
identity of the sewer and water purveyor in that area is resolved by
determination of the agency with jurisdiction or by agreement between the
Birch Bay Water and Sewer District and the City of Blaine. The
conditions of annexations should be consistent with this resolution or
agreement.
Policy 2U -2:
Require Blaine to increase critical area protection and water quality
controls sufficient to protect shellfish harvesting and marine resources in
Drayton Harbor.
Policy 2U -3:
Ensure that Blaine adopts measures to implement in -fill policies in the
proposed Blaine Comprehensive Plan.
Policy 21J-4:
Readjust the Short Term Planning Areas as urban services are made
available.
Policy 21.1-5:
Ensure that adequate capital facilities can be provided to the Blaine
Urban Growth Area.
City of Blaine
Urban Growth Area
EXHIBIT A
Policy 2U -6:
Neget ate and adopt an
Review and update the interlocal
agreement with
Blaine. as needed, to
provide wh eh provides for:
• a oroiect review orocess for development within Blaine's UGA that
Comprehensive ensures consistency with Blaine's
development
County adoption and maintenance of
develop UGA which would allow urban densities to only in coniunction
with annexation or a commitment to annex within a very specifi
timeline and under very specific conditions.
identification of needed improvements and establishment of how they
will be paid for
the revpvf of ocedu and standards, including wate
consistency with the Coordinated
of Blaine Urban Growth Area
EXHIBIT A
WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2— LAND USE ACTION PLAN
(from pages 2 -110 TO 2 -112 of the Whatcom County Comprehensive Plan)
Urban Growth Areas
19. Using the Growth Management Oversight Committee, develop a cooperative approach
to Geographic Information System use with all the cities and interested special districts
which may include regular user meetings, cooperative funding, and data needs.
20, r..,...eFate wth the ran, Gf Pi-. Re by estabi sh Rg and ,.RfOF,a Rg a ate uses and
an
.ree to ent the Critkal q ter Protection Plan, i G a^eee protection of the
20. Work with the City of Blaine to establish a pro act review process for development within
Blaine's UGA that ensures consistency with Blaine's Comprehensive Plan and
development regulations and standards.
21. Adopt and maintain County low density rural zoninq for the Blaine UGA which would
allow urban densities to develop only in conjunction with annexation or a commitment to
annex within a very specific timeline and under very specific conditions.
24- 22. Develop a time frame and process to re- examine the Blaine aad- BiFGh Bay UGA
boundaries when water supply and sewer issues have been clearly resolved.
22-. 23. Work with the City of Blaine to develop an appropriate level of regulation to adequately
protect the Drayton Harbor watershed. Cooperate with the City in enforcing these
regulations.
22;124. Work with all cities to ensure limitation of development in floodplains within their UGAs.
24 25. Establish a time frame and process to work with the City of Everson and land owners to
develop an environmentally safe plan to facilitate conversion of mineral resource lands
adjacent to Everson to urban or rural land uses.
25-. 26. Work with Blaine, Everson, Lynden, Nooksack and Sumas to develop regulations that
assure compatibility of uses adjacent to resource lands.
26- 27. Develop a time frame and process to work with cities to make the appropriate changes
to urban growth areas boundaries and zoning designations when necessary.
City of Blaine Urban Growth Area EXHIBIT A
2-7-. 28. Review and update Adopt -- aad-- raai Rile ia interlocal agreements with each cityass
necessary, to address that- iask,de:
• levels of service within and outside the UGAs
• identification of needed improvements and establishment of how they will be funded
• development standards within the UGA and review procedures, including wetland
and floodplain protection, for development proposals
• coordination with the county on greenbelt and open space designations
• timing and procedures for review of adequate land supply
• consistency with the Coordinated Water System Plan
• actions specific to each city and identified in the goals and policies for that city.
• extension of water and sewer services within UGAs.
• specific development density requirements within annexation proposals.
• cities should show evidence of meeting their infill goals as identified in their
comprehensive plans.
• mitigation agreements for conversion of lands designated on the County
Comprehensive Plan map as Resource Lands, with the exception of depleted
Mineral Resource Lands,
2,9-. 29. Adopt interlocal agreements with water and sewer districts to assure service to county
unincorporated growth areas and limit urban levels of service outside Short Term
Planning Areas.
29- 30. Work with the Sudden Valley Community Association to implement the density reduction
program.
30-. 31. Establish on -going communications link with Paradise Lakes and Peaceful Valley
Community Associations to work towards mutually beneficial solutions including
combined services.
34-. 32. Develop a mechanism for addressing neighborhood parks in Bellingham's Urban Growth
Area when development occurs prior to annexation.
32-. 33. Continue to work with Bellingham and Water District 10 to protect and manage the Lake
Whatcom watershed in accordance with the 1998 jointly adopted interlocal agreement.
Focus on continued implementation of the 2000 Lake Whatcom Reservoir Management
U
City of Blaine Urban Growth Area EXHIBIT A
Program, completion of the draft Septic System Plan and proposed stormwater strategy,
and a re- examination of the Urbanization Plan. In addition, work with the affected
jurisdictions and secure funding for programs.
23-. 34. Review and modify (as needed) the current development review process for projects in
the Lake Whatcom Watershed to ensure coordination with other jurisdictions.
34 35. Establish
a provision that prevents density increases from occurring
as a result
of
provision
of sewer in the Rural zone in the Lake Whatcom Watershed.
Exhibit B
Blaine Urban Growth Area tea. w,
®Urban Growth Areas - 2004 City Limits y$ ��Ns;.
Short Term Planning Areas
2004
July 12, 2004 s6w.
Miles
0 0.25 05 1 1.5 2 2.5 3