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HomeMy WebLinkAboutord2005-015WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -344 CLEARANCES Initial Date Date Received in Council Office Agenda Dole Ass'nedlo: Originator: Sylvia Goodwin , (7 F`­" �' 2uU4 U 9/28104 Council Introduction. P &D /Council Public Hearing Division Head: Sylvia Goodwin 10/26/2004 Dept. Head: Hal Hart 11/23/2004 Prosecutor: Korea £rakes 712r IML y . ; t I G, M rsl. U `V I ,1 �o'n.`.I tI4� 7 (eip Dann Purchasing /Rudgea N a Executive: Pete Rrenven SUBJECT: Proposer! amendments to the Whatcom County Comprehensive Plan, Chapter 2 —Land Use, City of Ferndale Urban Growth Area ATTACHMENTS: (I) Proposed ordinance (2) Planning Commission Findings of Fact & Reasons far Action, Conclusions, and Recommendations (3) Staff report and proposed amendments (4) Draft Planning Commission minutes SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x') NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: I A hearing must be held if the Council changes the Planning Commission recommendation (WCC20.10.110. 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 Indicate more who should receive a ropy mace (aaadl action . List specific name: to the tight ADS Facilities Management sections of the Whatcom County Comprehensive Plan, Chapter 2— Land Use, related to the City of Ferndale UGA. The amendments clarify use and ADS Finance calculation of "net developable" densities in the UGA; add reference to a new ADS Human Resources Ferndale Critical Areas Ordinance; add text regarding UGA expansion in the ADS 1I Snakes Grandview area; add text regarding residential development and utilities east of Assessor Auditor the City UGA; and amend Policy 2W-6 to update information regarding the interlocal agreement between the City of Ferndale and the County. 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 TA KEN: Juvenile Parks 9/28/2004: Introduced . Planning Hal Hart 10/26/2004: Committee amended & recommended approval to full Council. 10/26/2004: Council amended, public hearing to be held. Prosecutor 11/23/2004: Forwarded to concurrency Public Works 1/25/2005: Adopted 7 -0, Ord. #2005 -015 Sheri Superior Court Treasurer Related County Contract #: Other Ordinance or Resolution Number Related File Numbers: CMP2004 -00005 Olusttem): Or-d_ #2005 -015 SPONSORED BY: PDs PROPOSED BY: PDS INTRODUCTION DATE: 9L28/04 ORDINANCE NO. ?nns_n1 s AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 2 — LAND USE, TO UPDATE SECTIONS RELATING TO THE CITY OF FERNDALE 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 for the 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 August 30, 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 Exhibit A 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 Ferndale UGA to ensure continued compliance with the GMA and incorporate new information. 6. Pursuant to RCW 36.70A. 040, Whatcom County adopted 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 consistent with the requirements of the Growth Management Act (GMA). 9. Pursuant to RCW 36.70A.1 30(4)(a) the county and cities are also required to review and 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 Ferndale 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, or are 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 for the County and 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 currentzoning designations within UGAs to ensure that future urban development densities can be achieved. 16. The City of Ferndale adopted a Comprehensive Plan in October, 1996 and is currently working on an update. 17. The City of Ferndale and Whatcom County entered into an interlocal agreement regarding annexation and development within the Ferndale Urban Growth Area in 1999. 18. The City of Ferndale proposed an amendment to the County Comprehensive Plan to amend the Page 2 City Urban Growth Area boundary in 2004, but this amendment was determined to be an incomplete application by the Whatcom County Council and was not processed. 19. The Urban Residential (UR3) zoning within the Ferndale Urban Growth Area has a density of one housing unit per five acres without public water and sewer. The City of Ferndale is the only purveyor of public sewer to this area and has a policy not to extend City sewer outside of the City Limits. Therefore, this area will remain at rural density until it is annexed to the City. 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. 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. day of .Tan„ )r . 2005 U O� COUNTY V z r n WHATCOM COUNTY COUNCIL WHATQOM COUNTY, WASHINGTON M as to form (4Approved ( ) Executive Date: Page 3 Council Chair of Ferndale Urban Growth Area EXHIBIT A Comprehensive Plan text amendments recommended by County Council on October 26, 2004 are shown in text. 11 te GeW Ga. The City is Rg PFOVid@ WateF and sewer WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 —Land Use (from pages 2 -34 to 2 -36 of the Whatcom County Comprehensive Plan) Ferndale County goals encourage Ferndale to develop residentially zoned areas at average net densities of six to eight units per net developable residential acre. Net developable acreage is calculated by subtracting areas with development limitations such as steep slopes, flood areas, and other critical areas, and land needed for rights -of -way, utilities, infrastructure, and open space. Issues in defining the Ferndale Urban Growth Area include protection of wetlands, provision of serviced industrial land, inclusion of adjacent land with services and urban levels of development or urban zoning, and overlapping jurisdiction with Bellingham. The Grandview Industrial Park has nce,. ° ° °n is included in the urban growth area. This inclusion supports the policies in the Economics chapter of this plan to provide a sufficient supply of serviced industrial land. FeFndale 8 W 11 te GeW Ga. The City is Rg PFOVid@ WateF and sewer Generally, the UGA for Ferndale follows the goal "to include areas which presently have urban zoning." Most areas which are adjacent to Ferndale and presently have Urban Residential zoning have been included. The urban growth area identified for Ferndale attempts to provide the best balance among encouraging growth within the cities, maintaining low density rural areas outside of UGAs, and recognizing the desires of Whatcom County residents. Areas included in the UGA - (Map UGA-4) North Areas to the north include all the land presently zoned for urban residential use and some R -5 area. While some of this land is in active dairy farm use, its inclusion is an attempt to recognize Community Value Statements to not downzone property. If left in the county, the area could not remain at present zoning levels and be consistent with county goals for rural lands. Also included is the Grandview Industrial area. of Ferndale Urban Growth Area EXHIBIT A West This area has been identified as a potential growth area for Ferndale for a number of years and thus has a County Urban Residential zone designation. East Areas to the east include a small amount of Urban Residential zoning. This area was determined to be necessary to meet the growth needs of Ferndale and is serviced with water and sewer by the City of Ferndale. South Very little land area to the south has been included in the urban growth area. However, the area south of Slater Road has been included for its viability as part of the urban growth area. GOAL 2W: Provide a sufficient Urban Growth Area for Ferndale to retain existing character and attain Growth Management Act and county land use goals. Policy 2W -1: Require Ferndale to increase critical area protection to levels sufficient to maintain the functions of valuable wetlands and develop regulations which that encourage clustering of development outside critical areas. Policy 2W -2: Support City of Ferndale planning efforts for in -fill development within the existing city limits and development of its UGA which will result in average densities of over 3 units per residentially zoned acre. Policy 2W -3: Ensure that adequate capital facilities can be provided to the Grandview Industrial area within a timely fashion to accommodate development of the area. Policy 2W-4: Establish a revenue sharing agreement which fairly compensates the county if a loss of revenue from the Grandview Industrial Area exceeds reduction in associated costs. Policy 2W -5: Encourage Ferndale to revise its development regulations to encourage clustering of development outside of critical areas and to work towards development of a "wetland bank" to mitigate impacts of development on scattered wetland areas within the city. Policy 2W -6: Review and update the Pleget ate and adopt an interlocal agreement with Ferndale, as needed. to Provide wWisp- prevides for: • Policies regarding utility service outside the Short Term Planning Areas of the UGA of Ferndale Urban Growth Area EXHIBIT A • identification of needed improvements and establishment of how they will be paid for • land use and zoning designations and densit levels of developmen • coordination with the county of greenbelts and open space timing and procedures to be used for review of adequate land supply consistency with the Coordinated Water System Plan FPFAdAlP or the I 'GA Unincorporated Urban Growth Areas Agency Report EXHIBIT A WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 — Land Use (from pages 2 -47 to 2 -51 of the Whatcom County Comprehensive Plan) Note: Qouble underline and text indicate additional amendments recommended by the Whatcom County Planning Commission on July 8, 2004. Unincorporated Residential /Recreational Urban Growth Areas 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 mast - development 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. other critical areas. Considering ex 6ting vacant platted lots, a 25% market factor74��& Mwh t estimate ^ '^• there is sufficient residential land for approximately 4,235 new residential or recreational units within the Birch Bay Urban Growth Area. aW•'^9 the is planning period Water and sewer are provided by Birch Bay Sewer and Water District which has a network of water lines throughout most of the district, essentially coterminous with the urban growth area designated - z^or..'ag. Birch Bay has the capability of providing sewer service to the area, but the present system covers a much smaller geographic area than the water distribution. The district purchases water under a contractual agreement from the City of Blaine_, ffi Unincorporated Urban Growth Areas Agency Report EXHIBIT A 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 Countv Comprehensive Plan now includes a WIN- Nil �r Plan shall prevail. Columbia Valley /Kendall Located in the northeast re ion part of the developed portion of the county, the Columbia Valley /Kendall UGA area 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% 530k of the existing housing population 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 SR 547. 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 4375 current dwelling units consisting of both recreational cabins, manufactured homes, and permanent residences. Since Unincorporated Urban Growth Areas Agency Report EXHIBIT A io. Accounting for some buildout of undeveloped land, reach 5,000 people within the 20 year planning horizon. Paradise Lakes has public roads and continues to •° utilizes septic systems for sewage disposal. The Everqreen Water -Sewer District orovidec mihcc wnt r wimm the Haradise Lakes divisions Peaceful Valley has private roads and a water and sewer system managed by Water District 13 which has with 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. town of station, and an elementary school. Sudden Valley Provisional UGA 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 Water District 10. Fire District #2, strategically located in Sudden Valley, provides fire and ambulance service. Sudden Valley's 1724 4-.W total acres originally included 4,648 platted single - family lots/condominiums, a limited commercial area, community facilities, a marina, 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 Ya 67-9 acres (43%) (3374(4 are private property. 2000 US Census data indicates that approximately 26% 22% of the existing housing pepulation in Sudden Valley is either seasonal or vacant. Sudden 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 supplied by the Whatcom Transportation Authority (WTA). Sudden 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% 67-% (1 047 943 lots) have been placed into density reduction of which 452 348 are voluntary private lot consolidation. SVCA funding has been set aside to purchase additional lots for density reduction. In accordance with the 2000 Lake Whatcom Management Program, the County and Water District 10 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 Water District 10 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 Unincorporated Urban Growth Areas Agency Report EXHIBIT A from the Lake Whatcom Transfer of Development Rights (TDR) program because Sudden Valley's density reduction plan meets the intent of the TDR program. Since 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. Sudden Valley is also subiect to addressed on -site. Sudden 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, Sudden Valley Provisional Urban Growth Area, and the Columbia Valley /Kendall area as county urban growth areas, not associated with existing cities. Policy F2M 1: h - - rt 4G e6e �h — Wor�-:.�6.- = „ -Pa„ °�,,,:c , ,�at°r ssuaaycandevelop to ",.- pefentia6 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 Semiahmoo development. As a starting premise, assume the area between Lincoln Road and Drayton Harbor to ultimately be part of Blaine but with water and sewer service from the district. GOMMeMial and multiple family in BFGh Rgy based an the present knowledge of wetlande-4g4he-area-, Policy 2AA -4: Recognize the resort nature of Birch Bay and Columbia Valley /Kendall, including the significant second home factor when analyzing land supply for urban growth area boundaries. Policy 2AA -5: Encourage incorporation of Birch Bay when financial viability can be achieved without including the Cherry Point Industrial Area within proposed city boundaries. Policy 2AA -6: Recognize the impacts of tourist development on local residents in the Birch Bay, Sudden Valley, and Columbia Valley and provide for mitigation of those impacts. Unincorporated Urban Growth Areas Agency Report EXHIBIT A Policy 2AA -7: Work with all parties to resolve infrastructure and public service issues so that the Columbia Valley /Kendall area can develop to its full potential. Policy 2AA -8: Study Columbia Valley /Kendall to identify the factors necessary to create an economically viable city, the implications of such development within the County overall, and make recommendations as to how and when incorporation should be initiated. Policy 2AA -9: Require unplatted areas in Columbia Valley /Kendall to obtain "ability to serve" letters from schools, fire districts, and water and sewer service providers and demonstrate adequate road capacity in order to receive county approval for new subdivisions. Policy 2AA -10: For new subdivisions, encourage the use of clustering with adequate setbacks along Kendall Creek, Kendall and Sprague lakes, and wetlands to avoid environmental degradation of surface waters, to enhance /restore fish habitat relative to complying with listings under the Endangered Species Act, where they might apply, and to protect the aquifer underlying the Columbia Valley. Policy 2AA -11: For existing lots in Columbia Valley /Kendall, encourage the use of appropriate stormwater best management practices and connection to public sewer to protect surface waters and the aquifer. Any new building permits on existing lots must be able to demonstrate that the water service is available to provide adequate water as a precondition to the issuance of a permit. Policy 2AA -12: Work with the homeowner's associations and the owners of undeveloped tracts in Columbia Valley /Kendall to develop regional stormwater collection and treatment facilities or standards for individual stormwater detention and infiltration facilities, prior to approval of new subdivisions. Policy 2AA -13: Recognize the need for light impact industrial land uses within the Columbia Valley /Kendall Urban Growth Area. Consider establishing a light impact industrial zone within the long term planning area located on the north side of Limestone Road. Retain the existing zoning within this 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 -14: 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 -15: Facilitate meeting the unique needs of Sudden Valley due to its location within the Lake Whatcom Watershed, Policy 2AA -16: Recognize the existing parcelization and the commitment for development of the remaining multi - family parcels in Sudden Valley. Unincorporated Urban Growth Areas Agency Report EXHIBIT A Policy 2AA -17: Work with the Community Association towards achievement of the density reduction target of 1,400 lots within the Sudden Valley Provisional UGA. Policy 2AA -18: If the county acquires lots through tax foreclosure, consider selling them as non - buildable lots. Policy 2AA -19: Support Water District 10's effort to maintain provide 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 -20: 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 -21: Recognize Sudden Valley as a provisional county urban growth area, not associated with an existing city. Policy 2AA -22: Study Sudden Valley to identify the factors necessary to create an economically viable city, the implications of such development within the County overall, and make recommendations as to whether, and, if feasible, how such action should be addressed. Policy 2AA -23: Work with all parties to maintain, and appropriately plan for resolve infrastructure, aad public service s._anrl stormwater retention issues so that Sudden Valley area can develop to its appropriate full potential. Policy 2AA -24 Work with the Sudden Valley Community Association to develop an interlocal agreement prior to Incorporation that will insure that zoning density is not increased after incorporation, that implementation of the density reduction program continues, and that protection of critical areas is equal to or greater than existing County regulations. Policy 2AA -25 If incorporation has not been accomplished by the end of 2006, a comprehensive plan amendment shall be docketed to consider whether the Sudden Valley Provisional UGA is viable or whether it should be redesignated as returned to a "Recreational Subdivision."