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HomeMy WebLinkAboutord2004-0016'HATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -386 j CLEARANCES Date Dare Receivedin Council Office A ends Date Assignation Originator: Amy de Vera P11114103 I,_v, r= a '� �J �'j NOV 18 20G3 WWHATCOM COUNT COUNCIL 11125103 Introduction Division Head: Sylvia Goo11114103 2004 Planning and Development Dept Head: Hal H Hart, I 11114103 1, 13/0- PUP, FIEAKI NC Prosecutor: Karen Prides lI I Purchasing /BudgeC ,Yl,n I Executive: Peter Kremen A D t SUBJECT: To amend the Official Whatcom County Zoning Map and the Official Whatcom County Comprehensive Plan for some areas within the Lake Whatcom watershed (as defined on the official Whatcom Commy Zoning Map). ATTACHMENTS: (U Proposed Ordinance (2) Agenev Report with attached Map (3) Staff Report (4) Planninq Commission meeting minutes - SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( J Yes ( s ) NO Requested Date: 'The Council must hold a hearing if they want to change tine Planning Commission's recommendation (WCC 20.90.051). j SU'MMARYSTATEMENT: The 0ai com County Planning Commission has recommended approval of amending the official Whatcom County Zoning Map and the Whatcom County Comprehensive Plan Map for some areas within the Lake Whatcom watershed (as defined on the official Whatcom County Zoning Map), provided that potential development densities eliminated through the recommended rezone /Comprehensive Plan amendments would be eligible for TDR certification for a period of two years, and further provided that an er ective Lake Watcom Transferable Development Rights (TDR ) Program is in place - Distribution Request List specific who to she igewaaeopt /rare „ndt axaou. Lira spacfc mm�u ro the right. ADS Facilities Management ADS Finance ADS Human Resources ADS lnfo Services Assessor Auditor �— —� Cooperative Extension Disniar Court Executive Health — Hearing Examiner — ✓aR - COUNCIL ACTION TAKEN: 2003-366 11125/2003. Introduced 12/9/2003: Hearing Scheduled for January 13, 2004 111312004: Amended and adopted 5 -2, Crawford, Nelson opposed, Ord #2004 -001 Bela. Juvenile Parks Planning Hal H. Hart, A.LC.P. prosecutor —� Public Works Sheriff Superior Court Treasurer other Related File Numbers: File #ZON2002 -00005 & CMP2003 -00013 Ordinance or Resohai Number (this tram): w 2C 001 SPONSORED BY: PD5 PROPOSED BY: FOS INTRODUCTION DATE: 11/25/03 ORDINANCE NO. 2004 -001 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP AND THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP FOR SOME AREAS WITHIN THE LAKE WHATCOM WATERSHED (AS DEFINED ON THE OFFICIAL WHATCOM COUNTY ZONING MAP) TO REDUCE THE TOTAL GROSS POTENTIAL DEVELOPMENT DENSITY WITHIN THE LAKE WHATCOM WATERSHED AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.36 WHEREAS, the Whatcom County Council adopted Ordinance #2001 -066 imposing an interim moratorium on the acceptance of new applications for subdivisions of land into parcels smaller than five nominal acres within the Lake Whatcom watershed; and WHEREAS, Ordinance #2001 -066 further requested that the Administration develop policies related to single family and subdivision best management practices and standards to address potential pollutant loading and stormwater management; and WHEREAS, the Whatcom County Council considered and discussed structural and non- structural options to address stormwater impacts from existing and future development at their monthly Special Water Resources Work Sessions on January 22, February 19, March 19, April 16, May 14 and June 11, 2002; and WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, the Whatcom County Council approved Resolution #2002 -025 docketing a zoning map amendment for the Lake Whatcom watershed on June 18, 2002; and WHEREAS, the Whatcom County Council approved Resolution #2002 -058 initiating an emergency Comprehensive Plan Map amendment for the Lake Whatcom watershed on November 14,2002;and WHEREAS, the Whatcom County Council adopted Ordinances #2002 -036, #2002 -074, #2003 -031, and #2003 -057 imposing interim amendments to the official Whatcom County Zoning Map; and WHEREAS, Interim Ordinance #2003 -057 will expire on May 30, 2004; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance for proposed amendments to the Official Whatcom County Zoning Map on November 14, 2002; and WHEREAS, the Whatcom County Hearing Examiner upheld the November 14, 2002 threshold determination of Environmental Non - Significance on March 25, 2003; and 1/6104 Page 1 WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance for a combined proposal to amend the Official Whatcom County Zoning Map and the Whatcom County Comprehensive Plan Map on October 14, 2003; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on October 31, 2002, November 12, 2002, September 27, 2003, and a revised legal notice was published on October 3, 2003; and WHEREAS, the Whatcom County Planning Commission held public hearings on the proposed amendments on November 21, 2002, October 9, 2003, and October 23, 2003 and considered all testimony; and WHEREAS, the Whatcom County Planning Commission held an additional work session on the proposed amendments on January 9, 2003; and WHEREAS, the Planning Commission recommended approval of the proposed amendments to the official Whatcom County Zoning Map and Whatcom County Comprehensive Plan Map, contingent upon an effective Transferable Development Rights (TDR) Program being in place, on October 23, 2003; and WHEREAS, the Whatcom County Council held a public hearing on January 13, 2004; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, Whatcom County Charter Section 1.11 specifies that no regulation or ordinance shall be generated without consideration of and provisions for compensation to those unduly burdened; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS AND CONCLUSIONS 1. The Whatcom County Comprehensive Plan was adopted in May, 1997. 2. Rural amendments to the Washington State Growth Management Act (Engrossed Senate Bill 6094) became effective in July, 1997. 3. Under RCW 36.70A.070(5)(d), the "rural amendments" provide jurisdictions with the ability to, under certain criteria, delineate a logical boundary around pre -GMA rural development and allow infill within those limited areas of more intensive rural development. 4. As 1990 aerial photographs of the Lake Whatcom watershed were not available, 1991 DNR aerial photographs were used to identify and delineate areas of then existing development pursuant to RCW 36.70A.070(5)(d)(v). As exemplified bythe 1991 aerial photographs, most of the development within the re- defined Lake Whatcom limited areas of more intense rural development (LAMIRDS) occurred prior to July 1, 1990. 5. The Lake Whatcom watershed was designated as a Water Resource Protection Overlay District (WCC 20.71) and a Stormwater Special District (WCC 20.80.635) on December 7, 1/6/04 Page 2 1999 (ORD #99 -086). 6. On December 11, 2001, the Whatcom County Council adopted Ordinance #2001 -066 which imposed a moratorium "on the acceptance of new applications for subdivisions or short plats of land into parcels smaller than five nominal acres in the Lake Whatcom Watershed unless the applications were complete, as provided in Whatcom County Code, prior to the effective date of this ordinance." 7. On June 18, 2002, the Whatcom County Council approved Resolution #2002 -25 docketing a zoning map amendment for the Lake Whatcom Watershed Overlay District. 8. On June 18, 2002, the Whatcom County Council adopted Ordinance #2002 -036 imposing interim zoning within the Lake Whatcom Watershed. 9. On November 26, 2002, the Whatcom County Council approved Resolution #2002 -058, initiating an emergency Comprehensive Plan Map amendment for the Lake Whatcom watershed 10. On December 10, 2002, County Council adopted Ordinance #2002 -074 implementing revised interim zoning map amendments. 11. On May 20, 2003, County Council adopted Ordinance #2003 -031 implementing further revised interim zoning map amendments. 12. On November 18, 2003, County Council adopted Ordinance #2003 -057 re- implementing an interim zoning map for the Lake Whatcom watershed. The interim zoning map amendments will expire on May 30, 2004. 13. The 1997 Whatcom County Comprehensive Plan designates the Lake Whatcom Watershed as a Special Study Area. 14. The City of Bellingham, Whatcom County Water District No. 10 and Whatcom County have recognized that water quality issues cross jurisdictional boundaries and have adopted a joint resolution to establish goals for the Lake Whatcom Watershed and an interlocal agreement to establish a work program to address water quality issues. 15. The Washington State Department of Ecology (DOE) has listed portions of Lake Whatcom as an "impaired water body" on the 303(d) list, under the Clean Water Act, of waterbodies not attaining water quality criterion for dissolved oxygen. 16. It has been recommended bythe Department of Ecology that Lake Whatcom also be placed on the 303(d) list for impairments resulting from the toxic pollutants PCB -1254, PCB -1260 and mercury and that Austin Creek, Park Place Drain, and Cable Street drainage for 303(d) listing as impaired for not attaining water quality criteria for bacteria. 17. Whatcom County Code, Chapter 20.71, establishes the Lake Whatcom watershed as a Water Resource Protection Overlay District. Whatcom County Code, Sections 20.80.635 and 20.80.735, also designate the Lake Whatcom watershed as a Water Resource Special Management Area and as a Stormwater Special District. 1/6/04 Page 3 18. Whatcom County Comprehensive Plan Goal 11 G is to: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. 19. Growth Management Act Planning Goal (10) Environment is to: Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. 20. Over 30 different scientific studies have documented that 10- percent or more impervious cover within a watershed can result in significant impacts to stream, lake and wetland quality. 21. Erosion, sedimentation, phosphorus and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their impacts on water quality and beneficial uses such as drinking water and critical fish habitat. 22. Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County. 23. Existing and potential sources of contamination associated with development within the Lake Whatcom watershed could significantly impact the availability of safe, adequate supplies of drinking water. 24. A decrease of approximately 1,800 potential development densities within the Lake Whatcom Watershed would further reduce the potential for additional stormwater runoff impacts to Lake Whatcom water quality. 25. The proposed zoning map and Comprehensive Plan map amendments, shown in Exhibit A, have been determined using the criteria established in RCW 36.70A.070(5)(d), in accordance with the locational criteria of the 1997 Whatcom County Comprehensive Plan, as well as guidance provided in "Keeping the Rural Vision - Protecting Rural Character & Planning for Rural Development." 26. The proposed map amendments have been developed consistentlywith the goals, policies and objectives of the Growth Management Act, County-Wide Planning Policies, Whatcom County Comprehensive Plan, the Lake Whatcom Subarea Plan, and the Lake Whatcom Reservoir Management Plan. 27. These amendments to the official Whatcom County Zoning Map are necessary to avoid future degradation of the Lake Whatcom Watershed and any associated harm to the health, safety and welfare of the public. 28. The County Council has considered the proposed ordinance in light of Whatcom County Charter Section 1.11 and finds that no one is unduly burdened byadoption of this ordinance. 1/6104 Page 4 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official W hatcom County Zoning Map and Official W hatcom County Comprehensive Plan Map be amended as shown in Exhibit A. Section 2. The Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.36, 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. �.� CO 13th day of January ,2004. WHATCOM COUNTY COUNCIL WFj /t / C�, WASHINGTON Dan McShane, Council Chair iD.4-4s a fd`jjP` ( )Denied Denied un / ces, Civil Deputy rosecutor a Kremen, Executive Date: d C J 116/04 Page 5 Exhibit A - Adopted by County 1 j 1 Council 1/13/04 i 1 1 L . Proposed Zoning & Comprehensive Plan Designations File Number: ZON2002 -00005 & CMP2003 - 00013 Legend: N Rm4mYlIW FewUIM SUWMS �::'.'.: MnrallLwne laq EntR Wtlb Wawhn su Etlaw FwIF � N Fn+✓re ��a -m�e me�mm N Aooe..a�re res -M on xo a'aa E�rglmiq aumvy roeemmW m o5 o OS t t.5 2 M. s 'XMRgcW hurWrymry d.Mgwtirgmrel� e� i1 Y 2003 File: ZON2002 -00005 & CMP2003 -00013 EXHIBIT B Whatcom County Code, Title 20, Chapter 20.36 - Rural (R) District Amendments are identified by underlined text. 20.36.050 Permitted uses. development shall be subject to the Lake Whatcom impervious surface limitations for the total site. 20.36.130 Administrative approval uses. 136 Meeting /multi -use facilities with kitchens and similar tvpes of facilities in excess of a combined total footprint of 5.000 square feet on the total site area or 100 persons occupancy, provided that all of the following approval requirements are met: 0 ) The facility must be on property owned by and be facility operated by an institution of higher education (university, community colleges, colleges) along or adjacent to Lake Whatcom. (2) Minimum parcel size is two acres. of the premises. (10) Rear and side yard requirements for such a building shall be a minimum of 10 feet. WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION & RECOMMENDATIONS TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING MAP FOR SOME AREAS WITHIN THE LAKE WHATCOM WATERSHED (AS DEFINED ON THE OFFICIAL WHATCOM COUNTY ZONING MAP) FROM URBAN RESIDENTIAL -MIXED (UR -MX) TO URBAN RESIDENTIAL - 3 UNITS /ACRE (UR3); UR3 TO RURAL - 1 UNIT 15 ACRES (R5A); RURAL RESIDENTIAL - 2 UNITS /ACRE (RR2) TO RURAL - 1 UNIT 12 ACRES (R2A) AND R5A; RURAL RESIDENTIAL - 1 UNIT /ACRE (RR1) TO R5A; R2A TO RR1, R5A, RURAL FORESTRY (RF), AND RECREATION /OPEN SPACE (ROS); R5A TO RF AND COMMERCIAL FORESTRY (CF); RF TO R5A; CF TO R2A, R5A, AND RF; AND AMEND THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP FOR SOME AREAS WITHIN THE LAKE WHATCOM WATERSHED (AS DEFINED ON THE OFFICIAL WHATCOM COUNTY ZONING MAP) FROM URBAN GROWTH AREA TO RURAL; SUBURBAN ENCLAVE TO RURAL; RESORT /RECREATIONAL SUBDIVISION TO RURAL; RURAL TO URBAN GROWTH AREA, PUBLIC /RECREATION, SUBURBAN ENCLAVE, RURAL FORESTRY, AND COMMERCIAL FORESTRY; RURAL FORESTRY TO RURAL; COMMERCIAL FORESTRY TO RURAL AND RURAL FORESTRY WHEREAS, Pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, the Whatcom County Council approved Resolution No. 2002 -025 docketing a zoning map amendment for the Lake Whatcom watershed on June 18, 2002; and WHEREAS, the Whatcom County Council approved Resolution No. 2002 -058 initiating an emergency Comprehensive Plan Map amendment for the Lake Whatcom watershed on November 26, 2003; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance for proposed amendments to the Official Whatcom County Zoning Map on November 14, 2002; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance for a combined proposal to amend the Official Whatcom County Zoning Map and the Whatcom County Comprehensive Plan Map on October 14, 2003; and WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on October 31, 2002, November 12, 2002, September 27, 2003, and a revised legal notice was published on October 3, 2003; and WHEREAS, The Planning Commission held public hearings on the proposed amendments on November 21, 2002, October 9, 2003, and October 23, 2003, and considered all testimony; and WHEREAS, The Planning Commission held a work session on January 9, 2003; and WHEREAS, The Planning Commission recommended approval of the proposed amendments to the official Whatcom County Zoning Map and Whatcom County Comprehensive Plan Map, contingent upon an effective Transferable Development Rights (TDR) Program being in place, on October 23, 2003. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION AND RECOMMENDATIONS: FINDINGS OF FACT AND REASONS FOR ACTION 1. The Whatcom County Comprehensive Plan was adopted in May, 1997. 2. Rural amendments to the Washington State Growth Management Act (Engrossed Senate Bill 6094) became effective in July, 1997. 3. Under RCW 36.70A.070(5)(d), the "rural amendments" provide jurisdictions with the ability to, under certain criteria, delineate a logical boundary around pre -GMA rural development and allow infill within those limited areas of more intensive rural development. 4. As 1990 aerial photographs of the Lake Whatcom watershed were not available, 1991 DNR aerial photographs were used to identify and delineate areas of then existing development pursuant to RCW 36.70A.070(5)(d)(v). As exemplified by the 1991 aerial photographs, most of the development within the re- defined Lake Whatcom limited areas of more intense rural development (LAMIRDS) occurred prior to July 1, 1990. 5. The Lake Whatcom watershed was designated as a Water Resource Protection Overlay District (WCC 20.71) and a Stormwater Special District (WCC 20.80.635) on December 7, 1999 (ORD #99 -086). 6. The Lake Whatcom County watershed is also designated as a Water Resource Special Management Area under WCC, Chapter 20.80. 7. On December 11, 2001, the Whatcom County Council adopted Ordinance #2001 -066 which imposed a moratorium "on the acceptance of new applications for subdivisions or short plats of land into parcels smaller than five nominal acres in the Lake Whatcom Watershed unless the applications were complete, as provided in Whatcom County Code, prior to the effective date of this ordinance." 8. On June 18, 2002, the Whatcom County Council approved Resolution #2002 -25 docketing a zoning map amendment for the Lake Whatcom Watershed Overlay District, 9. On June 18, 2002, the Whatcom County Council adopted Ordinance #2002 -036 imposing interim zoning within the Lake Whatcom Watershed. 10. On November 26, 2002, the Whatcom County Council approved Resolution #2002 -058, initiating an emergency Comprehensive Plan Map amendment for the Lake Whatcom watershed 11. On December 10, 2002, County Council adopted Ordinance #2002 -074 implementing revised interim zoning map amendments. 12. On May 20, 2003, County Council adopted Ordinance #2003 -031 implementing further revised interim zoning map amendments. The interim zoning map amendments will expire on December 1, 2003. 13. Whatcom County Code 20.71 establishes the Lake Whatcom Watershed as a Water Resource Protection Overlay District and Whatcom County Code Sections 20.80.635 and 20.80.735 designate the Lake Whatcom Lake Watershed as a Water Resource Special Management Area and as a Stormwater Special District. 14, The 1997 Whatcom County Comprehensive Plan designates the Lake Whatcom Watershed as a Special Study Area. 15. The City of Bellingham, Whatcom County Water District No. 10 and Whatcom County have recognized that water quality issues cross jurisdictional boundaries and have adopted a joint resolution to establish goals for the Lake Whatcom Watershed and an interlocal agreement to establish a work program to address water quality issues. 16. The Washington State Department of Ecology (DOE) has listed portions of Lake Whatcom as an "impaired water body" on the 303(d) list, under the Clean Water Act, of waterbodies not attaining water quality criterion for dissolved oxygen. 17. It has been recommended by the Department of Ecology that Lake Whatcom also be placed on the 303(d) list for impairments resulting from the toxic pollutants PCB -1254, PCB -1260 and mercury and that Austin Creek, Park Place Drain, and Cable Street drainage for 303(d) listing as impaired for not attaining water quality criteria for bacteria. 18. Whatcom County Code, Chapter 20.71, establishes the Lake Whatcom watershed as a Water Resource Protection Overlay District. Whatcom County Code, Sections 20.80.635 and 20.80.735, also designate the Lake Whatcom watershed as a Water Resource Special Management Area and as a Stormwater Special District. 19. Whatcom County Comprehensive Plan Goal 11G is to: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. 20. Growth Management Act Planning Goal (10) Environment is to: Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. 21. Over 30 different scientific studies have documented that 10- percent or more impervious cover within a watershed can result in significant impacts to stream, lake and wetland quality. 22. Erosion, sedimentation, phosphorus and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their impacts on water quality and beneficial uses such as drinking water and critical fish habitat. 23. Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County. CONCLUSIONS 1. Existing and potential sources of contamination associated with development within the Lake Whatcom watershed could significantly impact the availability of safe, adequate supplies of drinking water. 2. A decrease of approximately 1,800 potential development densities within the Lake Whatcom Watershed would further reduce the potential for additional stormwater runoff impacts to Lake Whatcom water quality. 3. The proposed zoning map and Comprehensive Plan map amendments, shown in Exhibit A, have been determined using the criteria established in RCW 36.70A.070(5)(d), in accordance with the locational criteria of the 1997 Whatcom County Comprehensive Plan, as well as guidance provided in "Keeping the Rural Vision - Protecting Rural Character & Planning for Rural Development." 4. The proposed map amendments have been developed consistently with the goals, policies and objectives of the Growth Management Act, County -Wide Planning Policies, Whatcom County Comprehensive Plan, the Lake Whatcom Subarea Plan, and the Lake Whatcom Reservoir Management Plan. 5. These amendments to the official Whatcom County Zoning Map are necessary to avoid future degradation of the Lake Whatcom Watershed and any associated harm to the health, safety and welfare of the public. RECOMMENDATION Based upon the above findings of fact and reasons for action, the Whatcom County Planning Commission recommends approval of the proposed Whatcom County Zoning Map and Comprehensive Plan Map amendments attached as 'Revised" Exhibit A, contingent upon an effective Transferable Development Rights (TDR) Program being in place. The Planning Commission further recommends that potential development densities eliminated through the proposed rezone /Comprehensive Plan map amendment process be eligible for certification for sale or transfer under the Whatcom County Transfer of Development Rights (TDR) Program for a period of two years following the effective date of the recommended zoning /Comprehensive Plan map amendments. WHATCOM COUNTY PLANNING COMMISSION ,Ir Dave Pros, Chairp rson D 12 =r v 3 Date gke 4L.. �. / Secretary Hal H. Hart, Vote taken October 23 2003 at a regularly scheduled Planning Commission meeting Commissioners voting: DAVE PROS, ROBERT WIESEN, DANNA BEECH, RON ROOSMA, JOHN STEENSMA, GEOFF MENZIES, JOHN BELISLE, AND DAVID HUNTER. Ayes: 5 Nays: 4 , Motion carried to adopt the above Findings of Fact and Reasons for Action and Recommendation. Attachment: EXHIBIT A: Recommended amendments to the official Whatcom County Zoning Map and the official Whatcom County Comprehensive Plan Map. Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 1 STAFF REPORT WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES I. BACKGROUND INFORMATION File #: ZON20002 -00005 & CMP2003 -00013 File Name: Lake Whatcom Watershed Zoning Map & Comprehensive Plan Map Amendments Applicant: Whatcom County Planning and Development Services Department Public Notice: Legal notice was published in the Bellingham Herald on September 27, 2003, and a public hearing is scheduled for Thursday, October 9, 2003. A revised legal notice was published in the Bellingham Herald on October 3, 2003. SEPA: A Determination of Non - significance was issued by the Whatcom County SEPA Official on the interim zoning map amendments on June 4, 2002. A Determination of Non - significance was issued by the Whatcom County SEPA Official for the proposed permanent zoning map amendments on November 14, 2002 and a SEPA determination for the proposed zoning map and Comprehensive Plan map amendments is anticipated prior to the Planning Commission public hearing on October 9, 2003. Summary of Request: To amend the official Whatcom County Zoning Map for some areas within the Lake Whatcom watershed (as defined on the official Whatcom County Zoning Map) from Urban Residential -Mixed (UR -MX) to Urban Residential - 3 units /acre (UR3); UR3 to Rural - 1 unit/5 acres (R5A); Rural Residential - 2 units /acre (RR2) to Rural - 1 unit/2 acres (R2A) and R5A; Rural Residential - 1 unit/acre (RR1) to R5A; R2A to RR1, R5A, Rural Forestry (RF), and Recreation /Open Space (ROS); R5A to RF and Commercial Forestry (CF); RF to R5A; CF to R2A, R5A, and RF; and amend the official Whatcom County Comprehensive Plan map for some areas within the Lake Whatcom watershed (as defined on the official Whatcom County Zoning Map) from Urban Growth Area to Rural; Suburban Enclave to Rural; ResorURecreational Subdivision to Rural; Rural to Urban Growth Area, Public /Recreation, Suburban Enclave, Rural Forestry, and Commercial Forestry; Rural Forestry to Rural; Commercial Forestry to Rural and Rural Forestry. The proposed zoning map and Comprehensive Plan map amendments are one of several alternative stormwater management practice options initiated by County Council to address potential stormwater impacts from existing and future residential development within the Lake Whatcom watershed. The proposed map amendments would decrease potential development densities within the Lake Whatcom watershed by approximately 1,800 lots. Request Background: ❑ An ordinance proposing an interim downzone of all property in the Lake Whatcom Watershed and moratorium on new subdivisions and forestry conversions was introduced to the County Council in 1992. No action was taken. The ordinance was introduced again in 1998 (AB #1998 -181) and referred to the Whatcom County Planning Commission. The County Council asked that the Planning Commission evaluate the proposed rezone and other alternatives to reduce water quality impacts from development in the Lake Whatcom Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 2 Watershed. The resultant action was Council adoption of WCC, Chapter 20.71 — Water Resource Protection Overlay District (Ordinance #99 -086) in December, 1999. ❑ December 11, 2001: The Whatcom County Council adopted Ordinance #2001 -066 which imposed a moratorium "on the acceptance of new applications for subdivisions or short plats of land into parcels smaller than five nominal acres in the Lake Whatcom Watershed unless the applications were complete, as provided in Whatcom County Code, prior to the effective dale of this ordinance." The ordinance further requested that the Administration develop policies to address potential stormwater impacts from existing and future development within the Lake Whatcom watershed. ❑ Throughout the first six months of the initial Lake Whatcom subdivision moratorium, Council met with County Planning, Water Resources, and Engineering Division staff at a series of regularly scheduled County Water Resources Work Sessions (January 22, 2002 - June 11, 2002). During these water work sessions, Council discussed and considered a variety of stormwater management options that could be implemented to cumulatively address the objectives of the moratorium. In an effort to evaluate all available options, Council examined several potential structural and non - structural best management practice approaches under which more specific regulatory and programmatic alternatives were further explored, including: Stormwater Special District Standards, regional stormwater facilities, land acquisition /preservation, public education, development regulation amendments, zoning map amendments, and so on. Council identified Lake Whatcom zoning and Comprehensive Plan map amendments as priority action items to be further evaluated and considered as an implementing measure of the moratorium. • June 18, 2002: County Council extended the interim subdivision moratorium for another six months (Ordinance #2002 -038). The extended moratorium expired on December 20, 2002. • June 18, 2002: County Council approved Resolution #2002 -25 docketing a zoning map amendment for the Lake Whatcom Watershed Overlay District. Interim amendments to the official Whatcom County Zoning Map, as shown in Exhibit C, were also adopted by County Council on June 18, 2002 (Ordinance #2002 -036). • November 26, 2002: County Council approved Resolution #2002 -058, initiating an emergency Comprehensive Plan Map amendment for the Lake Whatcom watershed. • Interim zoning map amendments were adopted again on December 10, 2002 by Ordinance #2002 -074 (See Exhibit D) and on May 20, 2003 by Ordinance #2003 -031 (See Exhibit E). The current interim zoning map amendments will expire on December 1, 2003. ❑ The proposed zoning map and Comprehensive Plan map amendments, as shown in Exhibit A, are intended to replace the interim zoning with permanent zoning and Comprehensive Plan map designations for the Lake Whatcom Watershed. IL ANALYSIS OF THE PROPOSED AMENDMENT The factors that are to be considered in evaluating a proposed amendment are set forth in WCC 20.90.060, and RCW 36.70. These factors are addressed below. Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 3 A. Whether the proposed amendment conforms to the requirements of the GMA, is internally consistent with the Comprehensive Plan, is consistent with the County - Wide Planning Policies, and is consistent with any interlocal planning agreements. Growth Management Act (GMA) The proposed amendments are generally consistent with and will implement the following GMA goals: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low- density development. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality and the availability of water. (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The following provisions of the GMA have been implemented in redefining existing areas of more intense rural development within the Lake Whatcom watershed: Pursuant to RCW 36.70A.070(5), counties planning under the Growth Management Act are required to include a Rural Element (chapter) in their adopted comprehensive plans. The purpose of the rural element is to: 1) define and protect "rural character;" 2) define and map "rural services;" and 3) develop rural land use regulations. However, the GMA also recognizes that many developments, such as unincorporated towns, sprawling low- density subdivisions, or road -side commercial strips, which may or may not be served by water, sewer, fire, etc., have already been built or vested in rural areas prior to the adoption of county comprehensive plans. Such areas do not generally conform to the definitions of "rural character' and "rural services' and can be difficult to reconcile with the requirements of the rural element. Rural amendments to the Washington State Growth Management Act (Engrossed Senate Bill 6094) became effective in July, 1997. These amendments provided jurisdictions with the ability to recognize "limited areas of more intensive rural development" (LAMIRDs) under certain criteria. Under RCW 36.70A.070(5)(d)(i), such development consists of "...infill, development or, redevelopment of existing commercial, industrial, residential or mixed - uses..." RCW 36.70A.070(5)(d)(v)(A) defines an existing area as "one that was in existence... on July 1, 1990, in a county that was initially required to plan under the provisions of this chapter." In accordance with RCW 36.70A.070(5)(d)(iv), the following criteria must be evaluated when identifying such existing areas: 1) adopt measures to minimize and contain existing areas or more intensive rural development; 2) existing areas are those that are clearly identifiable and contained within a logical outer boundary that is delineated primarily by the built environment; and 3) undeveloped land can also be included, if limited, but areas shall not extend beyond the logical outer boundary nor facilitate new low- density sprawl. A logical outer boundary must consider: • The need to preserve rural character; • Physical boundaries (e.g., roads, topography, water bodies); Staff Report October 2, 2003 Lake Whatcom Watershed Rezone 8 Comprehensive Plan Mao Amendments Page 4 • Prevention of abnormally irregular outer boundaries; and • The ability to provide public facilities and services in a manner that does not promote low - density sprawl. In crafting the proposed revisions to the official Whatcom County Zoning Map and the Whatcom County Comprehensive Plan Map, Planning staff has generally applied the LAMIRD criteria to the re- evaluation and delineation of pre- existing "areas of more intense rural development" within the Lake Whatcom watershed. Planning has based the delineation of these areas on the following: • Presence of the existing built environment as identified on 1991 Department of Natural Resources (DNR) aerial photographs; (Note: 1990 aerial photographs are not available.) • Presence of small (< 2- acre), intermittently developed pre -GMA platted lots; • Avoidance of critical areas; • Proximity to urban levels of water and sewer service; and • Recognition of physical boundaries and resource lands. 1997 Whatcom County Comprehensive Plan The Comprehensive Plan makes reference to and supports a comprehensive program for the Lake Whatcom watershed, which includes voluntary activities, education, incentives, regulation, enforcement, restoration, monitoring, acquisition, mitigation, and intergovernmental coordination to achieve water quality goals. Zoning regulations are one element of this program and the proposed zoning and Comprehensive Plan map amendments recommended in this report are consistent with, and implement, a number of Comprehensive Plan Goals, Policies and Action Items to protect drinking water and important fish and wildlife habitat. (A list of related Whatcom County Comprehensive Plan goals and policies are attached as Exhibit F.) Goals and policies in the 1997 Whatcom County Comprehensive Plan also support preservation of "the rural character and lifestyle of Whatcom County" as well as the "concentrat[ion of] growth in urban areas... to prevent urban sprawl." The purpose of the Suburban Enclave Comprehensive Plan designation is "to ensure efficient land use by allowing infill at suburban densities in areas already characterized by such development" The locational criteria for the Suburban Enclave designation specifies "areas characterized by development at densities averaging one unit per acre and served or partially served by public roads, sewer or water, or other public services or facilities." (WCCP p. 2 -79) Locational criteria for the Rural designation targets "low density residential; areas with physical environmental constraints... One unit per 2 acre zoning is limited to previously developed areas or as infill development only." (WCCP p. 2- 80) The proposed map amendments are intended to implement the objectives of the Comprehensive Plan through verification or redefinition of existing Comprehensive Plan /Zoning map designations. County -Wide Planning Policies County -Wide Planning Policies B.3. and B.4. are consistent with the rural GMA legislation regarding limited areas of more intensive rural development in that they state: " Whatcom County shall allow infill of rural areas characterized by existing development density... these areas should clearly be delineated, and not expanded. Impacts on critical areas and other environmental considerations as well as the availability of capital facilities and rural levels of service must be considered before allowing infill in these areas" and that the county "shall promote appropriate land uses... within rural settlements consistent with community character." Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 5 County -Wide Planning Policies N.2. and N.6. further state that 'The Cities and the County... shall adopt zoning regulations and development standards to protect water resources..." and that "all jurisdictions should maximize reduction of water pollutants from stormwater runoff." (See Exhibit L.) As the proposed map amendments have re- examined existing rural densities and land uses in light of water resource protection and preservation of rural character, the proposed amendments have been developed consistently with the objectives of the County -Wide Planning Policies. Interlocal Agreement In May, 1998, an Interlocal Agreement was adopted by the City of Bellingham, Water District No. 10 and Whatcom County to adopt a work program, clarify responsibility, establish opportunities for review and input, and provide funding for Lake Whatcom watershed protection programs. The proposed zoning map and Comprehensive Plan map amendments are consistent with this interlocal agreement. Lake Whatcom Reservoir Management Program The 2001 -2004 Lake Whatcom Reservoir Management Program is a plan designed to outline and coordinate the interjurisdictional efforts of the City of Bellingham, Whatcom County, and Whatcom County Water District No. 10 to address issues related to Lake Whatcom Watershed management. The management program includes watershed goals and action items that have been jointly adopted by the City, County and Water District. Under Goal 11 - Stormwater, it simply states "control development density and location." Goal 13 - Urbanization /Development, further states that the jurisdictions "review and recommend changes in zoning and development potential that are compatible with a drinking water reservoir environment." (See also Exhibit G) The proposed amendments are intended to specifically implement these objectives as well as other related goals and action items identified in the program. ANALYSIS OF PROPOSED MAP AMENDMENTS - by Studv Area Geneva /Hillsdale • Urban Growth Area (UR -MX): There are two parcels, approximately 5 acres each, that are partially within the boundaries of the Lake Whatcom watershed which are zoned UR -MX. Pursuant to 1997 Urban Fringe Subarea planning efforts, the UR -MX zone, a high density zone with a maximum of 10 units per acre, was not intended to be located within the Lake Whatcom watershed. Proposed Map Amendments: The two parcels are proposed to be amended from Urban Growth Area (UR -MX) to Urban Growth Area (UR3), a zone consistent with the Urban Growth Area designation, as well as the surrounding area. • Urban Growth Area (UR3 and RR2): The Geneva and Hillsdale Road areas were designated as Urban Growth Areas due to the existing development patterns and pre- existing urban density subdivisions. Public water service is available to most of these areas and sewer is available in portions of the UGA. Additional sewer service became available this last winter. The RR2 zone option considered for the UGA is a Rural zoning category, which would not be an appropriate designation within a UGA. Following discussion with City Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Pape 6 of Bellingham Planning staff and after further study of this issue, staff recommends retention of the current UR3 zoning within the City of Bellingham UGA (shown in Exhibit A). Proposed Map Amendments: Two amendments are proposed to the Geneva portion of the UGA. There is an irregular boundary along the southern border of the UGA which excludes two tax parcels that are part of the Geneva Amended Plat. One of which contains an existing residential development and is split by the current UGA (UR3) /Rural (R2A) designation. The proposed amendments would include these parcels in the UGA (UR3) designation. The second amendment is to exclude a vacant 5+ acre parcel which extends beyond the logical outer boundary of the current UGA (UR3) designation. The proposal to designate this parcel Rural (R5A) consistent with the proposed amendments for the adjacent rural parcels. Whatcom County and City of Bellingham Planning staff are currently working with the Whatcom County and City of Bellingham Planning Commissions on the Bellingham Urban Fringe Plan update in a parallel review process. Through this plan, the County and City will jointly determine and adopt appropriate zoning for areas within the Bellingham UGA. Until such time that this occurs, it is recommended that remainder of the Geneva /Hillsdale study area within the Bellingham UGA remain under current UR3 and RR2 zoning. • Suburban Enclave (RR2): The existing Suburban Enclave designations along Lake Whatcom Boulevard and North Shore Drive are characterized by a mix of development densities. The areas waterward of both Lake Whatcom Blvd. and North Shore Drive are characterized by existing patterns of more intense rural development at densities of approximately 2 units per acre in each area. Areas within the Suburban Enclave (RR2) on the upland side of each road are generally characterized by less dense development patterns and lots generally ranging from 5 to 30 acres in size. Proposed Map Amendments: The proposed amendments to the existing Suburban Enclave (RR2) designations is to amend the boundary to delineate the "areas of more intense rural development" along the shoreline. The remaining areas are proposed as Rural (R5A). One exception is to continue to include the Eagle Ridge subdivision within the existing enclave boundary as it is characterized by denser development densities and is served by public water. Rural (R2A): The existing Rural (R2A) designations within the Geneva /Hillsdale study area are located both south of the Geneva portion of the Bellingham UGA and east of the Hillsdale area. Both Rural (R2A) areas are predominantly characterized by forestry use or are vacant. Approximately 200 acres within this area was purchased by the City of Bellingham through their land acquisition program. Patterns of existing development are located in each area in close proximity to the Bellingham UGA, as well as along the upland side of North Shore Drive. However, development within these areas has generally occurred on lots larger than 5 acres. The remainder of the R2A areas are characterized by lots ranging between 5 and 20 acres in size. Proposed Map Amendments: With the exception of a small area of existing R2A along Lake Whatcom Blvd., both areas of existing Rural (R2A) are proposed to be amended to Rural (R5A). These areas have clearly not been limited to previously developed areas and future development within these areas at a R2A density also not constitute infiill. Staff Report October 2, 2003 Lake Whatcom Watershed Rezone 8 Comprehensive Plan Mao Amendments Pace 7 • Rural (R5A): The majority of the existing Rural (R5A) in this study area is in forestry use or vacant. The relatively small area of existing development is located on lots 5+ acres or larger. Overall, the parcels in this area generally range between 5 and 20+ acres. Proposed Map Amendments: The only proposed amendments to the existing Rural (R5A) designation within the Geneva /Hillsdale study area (not otherwise discussed in previous sections) are to eliminate the use of the BPA power line easement as a zoning /Comprehensive Plan designation boundary. The BPA easement divides parcels in a number of locations and results in multiple zoning /Comprehensive Plan designations on one parcel. Multiple designations can lead to complications for property owners, developers, and County staff when dealing with implementation of regulations, as well as property assessment. The specific boundary adjustments are located between the Rural (R5A) and Rural Forestry (RF) and follow property lines rather than easement boundaries. This is proposed along the existing Rural (R2A) and Suburban Enclave (RR2) designations as well. Agate Bay • Suburban Enclave (RR1): The existing Suburban Enclave (RR1) has been applied to an area containing lots that are largely greater than 5 acres and developed at low density. Proposed Map Amendments: The proposed amendment is to extend the Rural (R5A) designation into this area. • Rural (R2A): The existing Rural (R2A) in Agate Bay is characterized by "areas of more intense rural development," as well as areas characterized by development on lots averaging approximately 2 to 5 acres. Public water and sewer service are not available within this area and portions are located within alluvial fan hazard areas. Proposed Map Amendments: The proposed amendments are to amend some existing Rural (R2A) areas to Rural (R5A). The remainder of the Rural (R2A) designation is proposed to stay the same with the exception of amending the Rural (R2A) /Rural Forestry (RF) and Commercial Forestry (CF) boundaries to follow parcel lines rather than the BPA easement. • Rural (R5A): The existing Rural (R5A) is characterized by an existing pattern of rural development on lots generally ranging between 5 and 40+ acres. The remainder of the area is largely in forestry use or vacant. Proposed Map Amendments: The only proposed amendments to the existing Rural (R5A) designation within the Agate Bay study area (not otherwise discussed in previous sections) are to eliminate the use of a 15% slope line as zoning /Comprehensive Plan map boundaries. Topography based boundaries also frequently divide parcels into multiple zoning /Comprehensive Plan designations. The specific boundary adjustments are located between the Rural (R5A) and Rural Forestry (RF) or Commercial Forestry (CF) designations in the northern section of the study area. The proposed boundaries have been adjusted to property lines. Sudden Valley • Provisional Urban Growth Area (URM12, URM6, UR3, RC, NC and R5A): The Sudden Valley Provisional UGA is limited to the boundaries of the Sudden Valley Division that was formed in the late 1960's and early 1970's. There are 4,648 platted lots within the existing Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 8 UR and URM zone districts with approximately 1,800 developed lots (2001). The density reduction program developed by the SVCA will reduce the total buildout density by 1,400 lots. To date, approximately 1,200 lots have been reduced. An additional 463 potential densities were eliminated in December, 2001 with the adoption of the Sudden Valley Provisional UGA (ORD #2001 -071). Approximately 140 acres are golf course and an additional 835 acres are set aside as trails and open space. Commercial areas within the Sudden Valley PUGA include administrative buildings and a commercial retail center on Lake Whatcom Boulevard. The pre -GMA established density in Sudden Valley, excluding the golf course and open space, is approximately 3 units per acre which is consistent with it's existing UR3 (pre- interim) zoning. However, the golf course and some of the dedicated open space reserve areas are also zoned UR3. Urban levels of water and sewer service serve the area. Proposed Map Amendments: The proposed amendments are to change the zoning designations for several open space reserve areas, consistent with other open space reserve areas in Sudden Valley, and for the golf course, which is directly within an alluvial fan hazard area, from UR3 to RSA. The remainder of the zoning and Comprehensive Plan designations are proposed to remain the same. • Resort Recreational Subdivision (UR3): Within the Lake Whatcom watershed, the Resort Recreational (UR3) designation is limited to properties associated with Camp Firwood, Lakewood, Mellemark Corp., as well as an additional property located north of Sudden Valley. Camp Firwood is a recreational camp facility that is located on approximately 90 acres adjacent to the western shore of Lake Whatcom, adjacent to the southern border of the Sudden Valley PUGA. The camp has 30 cabins, a dining hall, amphitheater and additional support buildings and offers multiple outdoor recreational opportunities. The Lakewood facility is an outdoor recreational center owned and operated by Western Washington University. Proposed Map Amendments: Pursuant to the Whatcom County Comprehensive Plan, the locational criteria for Resort Recreational Subdivisions limits application of the designation to "existing large scale recreational subdivisions." Though the current land uses are recreational in nature, the Firwood Camp and Lakewood are clearly not "recreational subdivisions," nor are the other Resort Recreational Subdivision (UR3) parcels within the study area. Therefore, the proposed amendments are to change each area of Resort Recreational Subdivision (UR3) to Rural (R5A). • Public /Recreation (ROS): The Public/Recreation (ROS) designations within the Sudden Valley study area are actually located at the end of North Shore Road on the northeastern shore of Lake Whatcom. These designations apply to over 100 acres of North Shore Park land owned by Whatcom County Parks. As the subject parcels are owned by Whatcom County Parks, a public agency, and are intended for potential "recreational or conservation use," the current land use designations are consistent with the locational criteria for Public /Recreation Comprehensive Plan designation. Proposed Map Amendments: Additional land owned by the Whatcom County Parks Department is located adjacent to the southern and southwest boundaries of the existing ROS designation. The proposed amendments expand the Public /Recreation (ROS) designations to include the County Parks property that is currently designated Rural (R2A). Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 9 South Bay • Suburban Enclave (RR1): The existing Suburban Enclave (RR1) designation is located in the eastern portion of the study area between South Bay Drive and the southern shoreline of Lake Whatcom. Analysis of 1991 DNR aerial photographs (1990 aerial photographs are not available) indicates that the existing enclave area contains areas of more intense rural residential development averaging approximately 1 unit per acre. Together with the adjacent Suburban Enclave area in the Blue Canyon study area, the average lot size is approximately 1.37 acres. Proposed Map Amendments: The existing Suburban Enclave (RR1) designation, as discussed below, is proposed to be expanded to include an additional area of existing development that is designated Rural (R2A). • Rural (R2A): The existing Rural (R2A) designation in the South Bay study area extends from the southern property line of the Firwood Bible Camp, around the end of South Bay, and east into a small portion of the Blue Canyon study area. The majority of Rural (R2A) within this study area is vacant with some designated forest land; however, patterns of existing residential development are located in the upland area south of South Bay Drive on lots generally 5 nominal acres or greater, along the western shoreline of Lake Whatcom where existing parcels average approximately .24 acres (a density of 4 units per acre), as well as on the southern Lake Whatcom shoreline where lots average approximately .75 acres (a density slightly more than 1 unit per acre). Wildwood Resort is also located within the South Bay area. There are 2 alluvial fan hazard areas within the study area. One is located just south of Firwood Bible Camp and the other at Wildwood Resort. Much of the remainder of the western shoreline area is characterized by critical area slopes in excess of 15 or 35- percent. Proposed Map Amendments: Excluding the area containing existing patterns of development on parcels averaging .24 acres, the average parcel size for R2A lots in the south end of the study area is approximately 5.1 acres while the average parcel size for R2A lots in the northern portion of the study area is 11 acres. Therefore, pursuant to the Whatcom County Comprehensive Plan locational criteria for Rural (R2A) designations, the majority of the Rural (R2A) designation is proposed to be amended to Rural (R5A). Due to the presence of slopes that are generally in excess of 35- percent, the area containing existing development patterns on lots averaging .24 acre is proposed to remain Rural (R2A). The area containing lots averaging .75 acre, which are not generally limited by steep slopes, are proposed to be included within the adjacent Suburban Enclave (RR1) designation. Blue Canyon • Rural (R2A): The Rural (R2A) designation in the Blue Canyon study area is located in an area north of Park Road and along Blue Canyon Road, and between the shoreline and the 420' topographic contour level used to define the upland boundary along Rural Forestry and Commercial Forestry lands. The R2A designation contains properties along the shoreline that average approximately .54 acres (a density of 2 units per acre) which are identified as being characterized by existing patterns of more intense rural development. The remainder of the R2A area generally contains large, 5+ acre, vacant or designated forest parcels, many of which are split by the Rural /Forestry zoning and Comprehensive Plan boundary at 420'. Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 10 The entire Rural (R2A) area does not have access to public water or sewer and approximately 50- percent of the area is located within an alluvial fan hazard area. Proposed Map Amendments: Pursuant to the locational criteria for Rural (R2A) designations under the Whatcom County Comprehensive Plan, "one unit per two acre zoning is limited to previously developed areas or as in -fill development only." Therefore, the Rural (R2A) designation in the Blue Canyon study area has been redefined to exclude vacant or forestry parcels that are generally greater than 2.5 acres in size. The remainder of the existing R2A area within the redefined boundary are limited to relatively small lots containing existing patterns of development. The proposed Rural (R2A) area contains an average parcel size of approximately .8 acres (a density a little greater than 1 unit per acre). The zoning /Comprehensive Plan boundary has also been redefined to follow parcel lines and eliminate the use of topographic boundaries, thus eliminating regulatory complications related to split zoning /Comprehensive Plan designations on a single parcel. • Rural (R5A): The existing Rural (R5A) area is generally located along Park Road and is characterized by residential development on large lots (generally larger than 5 acres), designated forest land, and land owned by the City of Bellingham for purposes of water storage and transmission. Proposed Map Amendments: Amendments to the Rural (R5A) area are proposed on the south side of Park Road. One is to include a 6.3 acre parcel of land that is currently designated Commercial Forestry (CF). The other amendments are intended to eliminate the use of a 400' contour line which currently splits the parcels with Rural /Rural Forestry and Rural Forestry/Commercial Forestry land use designations. The parcels are vacant and are each in designated forestry use; therefore, the proposal is to include the entirety of each parcel in Rural Forestry (RF). B. That further studies made or accepted by the department of planning and development services and planning commission indicate a need for the amendment or that changed conditions indicate a need for the amendment. 1. July 1997: Adoption of ESB 6094 amending the rural amendment of the GMA. The rural amendments provide the County with tools to reconcile and manage limited areas of more intensive rural development in a more effective manner. 2. Increased population growth in the Lake Whatcom watershed, and ongoing studies by the County, City of Bellingham and State agencies are changed conditions that support the zoning map amendments. 3. Lake Whatcom is a multi - purpose reservoir that serves as the drinking water source for the City of Bellingham, Water District No. 10, other smaller water districts and associations, as well as approximately 250 homes that continue to draw water directly from the lake. This totals approximately half of the residents of Whatcom County. The County, City of Bellingham and Water District 10 have completed considerable study over the past decade that supports amendments to development regulations for the watershed, including the 2001 -2004 Lake Whatcom Reservoir Management Program. 4. Recognizing the importance of protecting the Lake Whatcom Watershed as a safe drinking water source an as critical fish and wildlife habitat area, on December 7, 1999, Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 11 the Lake Whatcom Watershed was designated as a Water Resource Protection Overlay District under WCC Chapter 20.71, and as a Stormwater Special District under WCC Chapter 20.80 (Ordinance #99 -086). The Lake Whatcom Watershed was also designated as a Water Resource Special Management Area under WCC Chapter 20.80. 5. a. The Washington State Department of Ecology (DOE) has listed Lake Whatcom as an "impaired water body" on the 303(d) list, under the Clean Water Act, of waterbodies not attaining water quality criterion for dissolved oxygen. b. It has also been recommended that Lake Whatcom be placed on the 303(d) list for impairments resulting from the toxic pollutants PCB -1254, PCB -1260 and mercury. c. Silver Beach Creek, a tributary of Lake Whatcom, was placed on the 303(d) list of waterbodies not attaining water quality standards for bacteria and DOE has also recommended Austin Creek, Park Place Drain, and Cable Street drainage for 303(d) listing as impaired for not attaining water quality criteria for bacteria. C. That the public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. The proposed amendments are intended to 1) preserve the rural character of the Lake Whatcom watershed while recognizing and containing existing patterns of more intense rural development; 2) decrease conversion of land to sprawling suburban residential development levels; and 3) decrease overall potential development within a critical watershed area. The proposed amendments would result in a decrease of approximately 1,800 potential dwelling units within the Lake Whatcom Watershed. There are currently 3,518 developed parcels in the watershed. Under existing zoning, approximately 8,961 additional dwelling units could be built, for a total buildout potential of 12,479 dwelling units. Under the revised zoning proposal, 7,257 additional dwelling units could be built. Total potential buildout in the Lake Whatcom watershed under the revised zoning /Comprehensive Plan map proposal is 10,775 dwelling units. (See Exhibit H.) A GIS analysis of county-wide buildout potential demonstrates that adequate land supply is available in other areas of the County to accommodate the 20 -year growth projections. Exhibits J and K show projected population growth within the County over the next 20 years. The Office of Financial Management projected that Whatcom County will have 205,991 to 281,122 people by the year 2022. (Which is an increase of 33,791 to 108,992 residents.) In May 2002, EcoNorthwest prepared high, medium and low projections for each Urban Growth Area and for the unincorporated area of Whatcom County. Under these projections, County-wide growth would be 44,784 to 86,583 additional residents by the year 2022. The "high" growth scenario, EconNortwest projects 21,064 additional residents in unincorporated areas of Whatcom County, and 65,519 additional residents within Cities Urban Growth Areas. If we divide the "high" EcoNorthwest population projections by 2.5 persons per household, we will need 8,426 Staff Report 81,761 units county under current zoning Potential reduction in capacity due to October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Gross zoning capacity after Lake Plan Mao Amendments Page 12 additional housing units in unincorporated rural areas and 26,208 new residential units in Cities and UGAs by the year 2022. Exhibit I shows gross potential buildout capacity of each subarea of the county under the current zoning. This estimate is based on a GIS analysis using current land use data and a projection of the maximum potential buildout based on current zoning. This analysis projects that as many as 81,761 additional dwelling units could be built in unincorporated Whatcom County if all vacant parcels developed to the maximum density allowed under current zoning. The proposed Lake Whatcom and approved Lake Samish downzones could reduce the potential build -out in unincorporated Whatcom County by as many as 2,600 units. After the downzone of Lake Whatcom and Lake Samish, the projected maximum potential build out in unincorporated areas of the County would be reduced to 79,161 potential additional housing units. Actual buildout could be considerably less, depending on development constraints and market factors. If we assume that 50% of the potential density is lost due to critical areas and other development constraints and that an additional 50% of the developable land remains undeveloped due to market decisions of land owners, there would be the potential for 19,790 additional dwelling units to be constructed in unincorporated Whatcom County. Current City Comprehensive Plans project that an additional 23,000 units could be constructed as in -fill within the City Limits of existing Cities. If we compare estimated development potential to the projected County -wide demand for housing over the next 20 years, we can conclude that there would still be an adequate supply of residential land within Whatcom County after the Lake Whatcom and Lake Samish rezones are approved. Comparison of 20 vear Housino Supplv and Demand Gross buildout in unincorporated 81,761 units county under current zoning Potential reduction in capacity due to - 2,600 units Lake Whatcom and Samish rezones Gross zoning capacity after Lake 79,161 units Whatcom and Samish rezones Adjusted unincorporated capacity 19,790 units -50% for development constraints; and -50% more for market factor Potential Infll within Cities 23,000 units Total capacity in Cities and County 42,790 units 20 -year housing unit demand (high EcoNorthwest projection) 34,634 units Excess housing capacity after Lake Whatcom and Samish rezone 8,156 units Since the adoption of the 1997 Whatcom County Comprehensive Plan, density increases that allowing an additional 2,216 potential units have been approved through the annual zoning and Comprehensive Plan amendment processes. Whatcom County and the Whatcom County Cities are in the process of reviewing and updating land supply projections and making necessary adjustments to Urban Growth Boundaries and City zoning. Additional requests for density increases are currently pending, including expansion of the Bellingham UGA and a proposal Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 13 within the Birch Bay Urban Growth Area that could result in an additional development capacity in the County. The anticipated effect upon the ability of the County and /or other service providers, as applicable, to provide adequate services and public facilities including transportation facilities must be considered. Fire protection is provided by Whatcom County Fire District #2 (Geneva /Sudden Valley), Fire District #4 (E. Bakerview /Agate BayNan Wyk), and Fire District #18 (South Lake Whatcom). The stations are located on Lake Whatcom Blvd. in Geneva, within Sudden Valley, on North Shore Rd. near Agate Bay, and on South Bay Drive. Planning staff sent letters to Fire Chiefs Fields, Chumley and Henderson requesting an evaluation of the proposal's anticipated impacts upon their respective fire districts. No response was received from the Districts. However, given the nature of the recommended map amendments, the proposed decrease in development density would also decrease potential service demands on the Districts. As a result, it is not anticipated that the proposal will have any adverse affects upon the ability of the Districts to adequately service the Lake Whatcom Watershed. 2. Letters were sent to Whatcom County Water Districts # 7 and #10 requesting an evaluation of the proposal's anticipated impact on the Districts. No response was received from either water district. However, the revised zoning /Comprehensive Plan map proposal (Exhibit A) maintains the current Urban Residential 3 unit//acre (UR3) zoning within the Geneva and North Shore areas of the Bellingham UGA, as well as for the majority of the Sudden Valley PUGA. The revised proposal is therefore not anticipated to create any adverse affects upon the Water Districts' capabilities to provide for their adopted service areas as the revised map amendments would maintain existing zoning and current projected service demands. 3. With regard to transportation, the subject area is served by Major Collectors: South Lake Whatcom Blvd., North Shore Dr.; Minor Collectors: South Bay Dr., "Y" Rd.; Minor Arterials: Cable St., Lake Louise Rd., Britton Rd.; Collector: Lake Whatcom Blvd.; and other additional roads including Park Rd., Academy Rd., Toad Lake Rd., Hillsdale Rd., Agate Bay Lane, Blue Canyon Rd., etc. Planning staff sent a memorandum to the Whatcom County Division of Engineering requesting an evaluation of potential traffic and road maintenance issues under the proposed amendments. No response was received. However, as the proposed zoning map amendments would decrease potential average daily trips (ADT) by approximately 17,000 trips, the proposal would create fewer potential impacts to traffic volume, accident rates and required road improvements than might otherwise occur under existing zoning patterns. 4. The Bellingham School District 4501 and the Mount Baker School District #507 serve the Lake Whatcom watershed area. Staff sent a letter to the superintendents of each of the school districts requesting an evaluation of the proposed amendments on the ability of the Districts to adequately serve their respective jurisdictions within the Lake Whatcom watershed. No response was received from the Mount Baker School District. A phone conversation with the Bellingham School District's Facilities Manager indicated that, with regard to the possible location of a new school within the Sudden Valley area, it is unclear at this time as to whether the District may anticipate any impacts as a result of the proposed amendments. Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 14 U Anticipated effect upon critical areas. 1. Development modifies natural landscapes and drainage patterns. As development increases, so does the volume of pollutant loading from human activities. Increased site disturbance, including road construction, tree and vegetation removal, grading, etc. can create serious erosion before a site is stabilized. Numerous studies and reports demonstrate that tree and vegetation retention reduces the amount of surface water runoff that leaves a site. "Since erosion rates are much higher for constructions sites relative to other land uses, the total yield of sediment and nutrients is higher. Studies indicate that poorly managed constructions sites can release 7 to 1,000 tons of sediment per acre per year, compared to 1 to or less from undeveloped forest or prairie land." (NRDC, 2002) Rapid stormwater and sediment flows within the Lake Whatcom Watershed have been known to infiltrate tributaries, overtop roads, fill ditches, and deposit sediment loads on private property and in Lake Whatcom. 2. As impervious surfaces are introduced to the Lake Whatcom Watershed, the infiltration capacity for that land and it's ability to attenuate surface flows are diminished. Impervious surfaces also diminish the quantity of available baseflow that is needed to maintain a continual water supply to the lake and it's tributaries during periods of low precipitation. Over 30 different scientific studies have documented that stream, lake and wetland quality declines sharply when impervious cover in upstream watersheds exceed 10 %. (Schueler, 1995) Significant and detectable changes in aquatic communities have been identified at the 5 -10% impervious area range and the steepest rate of decline of biological functioning within streams and wetlands has been identified where total impervious surfaces increase from 0 to about 6 %, unless otherwise mitigated. (DOE, 2001; Homer) Increased stormwater flows contribute to higher runoff volumes which can increase evulsion or scouring of stream beds, thus decreasing quality of aquatic and riparian habitat and increasing sediment loads carried to Lake Whatcom. Increased levels sediments and pollutants such as heavy metals, phosphorous and nitrogen can also have detrimental impacts on lake water quality. Stormwater runoff within the watershed can also have overwhelming impacts on area soils, tributaries, wildlife habitat, etc. Pursuant to Comprehensive Plan goal 11G, it is the objective of Whatcom County to "protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff." 3. Bald eagles (threatened), kokanee, and cutthroat trout can all be found within the Lake Whatcom watershed. Lake Whatcom and several watershed streams serve as spawning and rearing habitat for anadromous and resident fish species. Individual occurrences of bald eagles, as well as nest territories are located within the watershed. It is anticipated that reduced development potential within the watershed would also decrease potential impacts to, as well as potential encroachment pressures on, sensitive wildlife and critical wildlife habitat areas; therefore providing additional protection of beneficial uses of Lake Whatcom and associated tributaries. 4. Critical areas including sleep slopes in excess of 35- percent, alluvial fan hazard areas, mine hazard areas, and aquifer recharge areas are identified within the Lake Whatcom watershed. It is intended that a decrease in total gross potential development density would also reduce impacts to and /or from these critical areas. Staff Report map and Comprehensive Plan map amendments are an area -wide proposal which has been delineated in accordance with the 1997 Whatcom County Comprehensive October 2, 2003 Lake Whatcom Watershed Rezone 8 Comprehensive Plan Mao Amendments Page 15 The proposed amendments are intended to facilitate a decrease in potential development densities that would in turn minimize development of new impervious surfaces, reduce the need for land clearing and grading activities, decrease potential critical area encroachment, decrease potential sources of stormwater runoff and pollutant loading, as well as decrease potential traffic volumes within the watershed. Therefore, it is not anticipated that the proposed zoning map amendments would adversely affect critical areas. ❑ Anticipated effect upon designated agricultural, forest and mineral resource lands. "One of the most significant constraints for timber landowners in Washington State is the growing number of conflicts between forest landowners and their neighbors. These conflicts are the result of expansion into the margins of [the] commercial forest land base by people seeking residential land and recreational tracts..." (WCCP p. 8 -16) The recommended zoning map and Comprehensive Plan map amendments, shown in Exhibit A, attempt to minimize location of higher density Suburban Enclave (RR1 and RR2) areas adjacent to Forestry areas. The proposed amendments generally include low- density buffers of Rural (R2A and R5A) designations between the more intensive Suburban Enclave (RR2 and RR1) designations along portions of the Lake Whatcom shoreline and the Rural Forestry/Commercial Forestry (RF /CF) uplands which are designated as Natural Resource Lands of Long -Term Significance under RCW 36.70A.170. Pursuant to WCCP Goal 8H and RCW 36.70A.070(5)(c)(v), the proposed new R5A zones, and R5A zones to be maintained, are intended to "[r]educe land use conflicts between Whatcom County's forest and non - forest land owners" by formalizing existing rural buffers between residential uses and resource lands, thereby avoiding potentially higher rates of land use conflict which might otherwise occur under current RRt and RR2 zoning. 2. There is one area of designated Mineral Resource Land (MRL) within the Lake Whatcom Watershed that has been designated in accordance with RCW 36.70A.170. The subject area is located in the northeastern portion of the watershed and the underlying Comprehensive Plan /zoning designation is Commercial Forestry (CF). There are no proposals to amend the zoning or Comprehensive Plan designation for this resource area. Parcels surrounding the designated MRL area are also proposed to maintain their current zoning and Comprehensive Plan Designations (Rural - R5A and Commercial Forestry -CF). 3. There are areas within the Lake Whatcom watershed that contain Agricultural Protection Overlay (APO) soils; however, parcels containing these soils generally do not meet the qualifying criteria of the APO. The intent of the proposed zoning map and Comprehensive Plan map amendments is to reduce potential development impacts on natural resource lands. ❑ That the amendment does not include nor facilitate illegal spot zoning. The proposed zoning map and Comprehensive Plan map amendments are an area -wide proposal which has been delineated in accordance with the 1997 Whatcom County Comprehensive Plan, as well as the criteria established under RCW 36.70A.070(5)(d). The Staff Report October 2, 2003 Lake Whatcom Watershed Rezone 8, Comprehensive Plan Mao Amendments Page 16 Suburban Enclave (RR2 and RR1) designations, or limited areas of more intensive rural development, have been defined by logical outer boundaries that were determined following specific criteria. All areas outside of the logical outer boundaries have been designated R5A, R2A, or RF based upon existing parcel patterns, presence of critical areas, existing land use patterns, and /or lack of infrastructure availability. The proposal does not facilitate a spot zone. III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1. The Whatcom County Comprehensive Plan was adopted in May, 1997. 2. Rural amendments to the Washington State Growth Management Act (Engrossed Senate Bill 6094) became effective in July, 1997. 3. Under RCW 36.70A.070(5)(d), the 'rural amendments" provide jurisdictions with the ability to, under certain criteria, delineate a logical boundary around pre -GMA rural development and allow infill within those limited areas of more intensive rural development. 4. As 1990 aerial photographs of the Lake Whatcom watershed were not available, 1991 DNR aerial photographs were used to identify and delineate areas of then existing development pursuant to RCW 36.70A.070(5)(d)(v). As exemplified by the 1991 aerial photographs, most of the development within the re- defined Lake Whatcom limited areas of more intense rural development (LAMIRDS) occurred prior to July 1, 1990. 5. The Lake Whatcom watershed was designated as a Water Resource Protection Overlay District (WCC 20.71) and a Stormwater Special District (WCC 20.80.635) on December 7, 1999 (ORD #99 -086). 6. The Lake Whatcom County watershed is also designated as a Water Resource Special Management Area under WCC, Chapter 20.80. 7. On December 11, 2001, the Whatcom County Council adopted Ordinance #2001 -066 which imposed a moratorium "on the acceptance of new applications for subdivisions or short plats of land into parcels smaller than five nominal acres in the Lake Whatcom Watershed unless the applications were complete, as provided in Whatcom County Code, prior to the effective date of this ordinance." 8. On June 18, 2002, the Whatcom County Council approved Resolution #2002 -25 docketing a zoning map amendment for the Lake Whatcom Watershed Overlay District. 9. On June 18, 2002, the Whatcom County Council adopted Ordinance #2002 -036 imposing interim zoning within the Lake Whatcom Watershed. 10. On November 26, 2002, the Whatcom County Council approved Resolution #2002 -058, initiating an emergency Comprehensive Plan Map amendment for the Lake Whatcom watershed 11. On December 10, 2002, County Council adopted Ordinance #2002 -074 implementing revised interim zoning map amendments. Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 17 12. On May 20, 2003, County Council adopted Ordinance #2003 -031 implementing further revised interim zoning map amendments. The interim zoning map amendments will expire on December 1, 2003. 13. Whatcom County Code 20.71 establishes the Lake Whatcom Watershed as a Water Resource Protection Overlay District and Whatcom County Code Sections 20.80.635 and 20.80.735 designate the Lake Whatcom Lake Watershed as a Water Resource Special Management Area and as a Stormwater Special District. 14. The 1997 Whatcom County Comprehensive Plan designates the Lake Whatcom Watershed as a Special Study Area. 15. The City of Bellingham, Whatcom County Water District No. 10 and Whatcom County have recognized that water quality issues cross jurisdictional boundaries and have adopted a joint resolution to establish goals for the Lake Whatcom Watershed and an interlocal agreement to establish a work program to address water quality issues. 16. The Washington State Department of Ecology (DOE) has listed portions of Lake Whatcom as an "impaired water body" on the 303(d) list, under the Clean Water Act, of waterbodies not attaining water quality criterion for dissolved oxygen. 17. It has been recommended by the Department of Ecology that Lake Whatcom also be placed on the 303(d) list for impairments resulting from the toxic pollutants PCB -1254, PCB -1260 and mercury and that Austin Creek, Park Place Drain, and Cable Street drainage for 303(d) listing as impaired for not attaining water quality criteria for bacteria. 18. Whatcom County Code, Chapter 20.71, establishes the Lake Whatcom watershed as a Water Resource Protection Overlay District. Whatcom County Code, Sections 20.80.635 and 20.80.735, also designate the Lake Whatcom watershed as a Water Resource Special Management Area and as a Stormwater Special District. 19. Whatcom County Comprehensive Plan Goal 11G is to: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. 20. Growth Management Act Planning Goal (10) Environment is to: Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. 21. Over 30 different scientific studies have documented that 10- percent or more impervious cover within a watershed can result in significant impacts to stream, lake and wetland quality. 22. Erosion, sedimentation, phosphorus and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their impacts on water quality and beneficial uses such as drinking water and critical fish habitat. 23. Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County. Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 18 IV. PROPOSED CONCLUSIONS 1. Existing and potential sources of contamination associated with development within the Lake Whatcom watershed could significantly impact the availability of safe, adequate supplies of drinking water. 2. A decrease of approximately 1,800 potential development densities within the Lake Whatcom Watershed would further reduce the potential for additional stormwater runoff impacts to Lake Whatcom water quality. 3. The proposed zoning map and Comprehensive Plan map amendments, shown in Exhibit A, have been determined using the criteria established in RCW 36.70A.070(5)(d), in accordance with the locations] criteria of the 1997 Whatcom County Comprehensive Plan, as well as guidance provided in "Keeping the Rural Vision - Protecting Rural Character & Planning for Rural Development." 4. The proposed map amendments have been developed consistently with the goals, policies and objectives of the Growth Management Act, County -Wide Planning Policies, Whatcom County Comprehensive Plan, the Lake Whatcom Subarea Plan, and the Lake Whatcom Reservoir Management Plan. 5. These amendments to the official Whatcom County Zoning Map are necessary to avoid future degradation of the Lake Whatcom Watershed and any associated harm to the health, safety and welfare of the public. V. RECOMMENDATION Based upon the above findings of fact and conclusions, Planning staff recommends approval of the proposed Whatcom County Zoning Map and Comprehensive Plan Map amendments attached as Exhibit A. Planning staff further recommends that potential development densities eliminated through the proposed rezone /Comprehensive Plan map amendment process be eligible for certification for sale or transfer under the Whatcom County Transfer of Development Rights (TDR) Program for a period of two years following the effective date of the proposed zoning /Comprehensive Plan map amendments. VI. EXHIBITS EXHIBIT A: Proposed Lake Whatcom watershed zoning map and Comprehensive Plan amendments. EXHIBIT B: Existing Lake Whatcom watershed zoning and Comprehensive Plan map designations. EXHIBIT C: Interim zoning map adopted by Whatcom County Council on June 18, 2002 (ORD #2002 -036). EXHIBIT D: Interim zoning map adopted by Whatcom County Council on December 10, 2002 (ORD #2002 -074). EXHIBIT E: Interim zoning map adopted by Whatcom County Council on May 20, 2003 (ORD 42003 -031). EXHIBIT F: Related Whatcom County Comprehensive Plan locational criteria, goals and policies Staff Report October 2, 2003 Lake Whatcom Watershed Rezone & Comprehensive Plan Mao Amendments Page 19 EXHIBIT G: 2000 Lake Whatcom Reservoir Management Program goals and policies EXHIBIT H: Analysis of existing and potential buildout in the Lake Whatcom Watershed EXHIBIT I: Gross potential buildout by County Subarea EXHIBIT J: Twenty -year population growth projections for Whatcom County EXHIBIT K: High Scenario growth projections for Cities, UGAS and Rural areas EXHIBIT L: Related County -Wide Planning Policies Exhibit A ToOCT, F 29 PDRT `► 1 Proposed Lake Whatcom Zoning I And Comprehensive Plan Map Amendments File Number: ZON2002 -00005 & CMP2003 - 00013 Legend I�rl P R mJ UG RcGR+ec. SLLw.vi .. MiaN Ream laa I wac d.e.�r.�w.e �yry VCA 1m N a�.a zo.�e�M �l�rma�mm Etl Wq ZnYg BivEx/ is Be Iiara.M N✓s. Fapard �y nai orolep eutir9 me lim I�rl P m I - N "i#�E 05 0 05 t 15 2 M:Im JS l LAKE WHATCOM WATERSHED Existing Lake Whatcom Zoning (Pre - Interim) And Comprehensive Plan Designations Exhibit B Legend: l'O OL'T� 1 2 j H ^/ Zoniig BouMary City Limits STA RE RT- Pmvisioml UG ReaoNRec. Subtle on Minerd Resource Lead Commercial Forest BE Rurel ¢' Gossmatl cemmemiel Pudic Rerreetion EM ��n Entlave Rural Forest i'-; -: UG os 0 as « °4rt:uv+E�ye` 2003 LAKE WHATCOM WATERSHED RF (mo ri&zVMMMMNLA -009W w �_. CF & IMIL®4i t 4 nv. ai l CF Interim Zoning Adopted on June 18,2002 By Ordinance 2002 -036 J LEGEND: - --ff ^E^xhibit C f.- Reinna aess lO pGT• 2. 2Gb3 i N'\''?g'+ STAFF, RCORT,e Exbfttl New Zoning RED TEXT e e L Exb11n9ZaYn8 - BLACKiIX! __ ..__.... 03 a 2003 LAKE WHAT1COM WATERSHED RM �. RF—Jlo« /1 �,. •. w Cl: km III RF CF Interim Zoning Adopted on Dec. 10, 2002 r" By Ordinance 2002 -074 '_ ) Cv LEGEND: �E/xhibit D ,� '�Q °�'? PmPOsed Rezone Areas -TC) DCTR 21 2CO3 g63!'"w]1j Proposed New Z ng - RED TE%T R r ito e` Existing Zoning - BIACKTEn I 0 05 1 15 w. 2003 LAKE WHATCOM WATERSHED Interim Zoning Adopted on May 20, 2003 By Ordinance 2003 -031 LEGEND: Proposed Remne Areas So nVVW Iwi;ev®mver unn tz,000.q rea) Prapo New Zoning - In Brackets Existiig ZoMitg - No Brackets '1 i Exhibit E TO OCT, 2,C2 p0� -0�3p Ji Z—PDRT T N t s n� +may: 3 2D03 File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone Whatcom Urban Growth Areas Purpose: County Definition: Comprehensive capacities; areas characterized by urban growth that may be served with urban Plan services in the future; and lands adjacent to areas characterized by urban growth. Locational First urban growth may be located on lands characterized by urban Criteria growth that have existing public facility and service capacities; next urban growth and Goals & Policies adjacent to areas characterized by urban growth. EXHIBIT F TD UCT Z. ZC03 STq�' REPORT Comprehensive Plan Designation Descriptors Urban Growth Areas Purpose: To denote where future urban growth may occur. Definition: Areas characterized by urban growth that have existing public facility and service capacities; areas characterized by urban growth that may be served with urban services in the future; and lands adjacent to areas characterized by urban growth. Locational First urban growth may be located on lands characterized by urban Criteria: growth that have existing public facility and service capacities; next urban growth may be located on lands characterized by urban growth that may be served with urban services in the future; and finally urban growth may be located on lands adjacent to areas characterized by urban growth. Resort and Recreational Subdivisions - Rural Purpose: Recognize the existing mixture of recreational and residential development of resort and recreational subdivisions and ensure that future growth can be serviced appropriately. Definition: Resort and Recreational Subdivisions are large subdivisions originally created to primarily serve recreational or resort land uses and that continue to attract and maintain such uses. Locational Criteria: Existing large scale recreational subdivisions. Suburban Enclaves - Rural Purpose: To ensure efficient land use by allowing in -fill at suburban densities in areas already characterized by such development. Definition: The suburban enclaves are comprised of rural residential areas which are not urban or likely to develop into urban areas during the planning period. Locational: Areas characterized by development at densities averaging one unit per Criteria: acre and served or partially served by public roads, sewer or water, or other public services or facilities. Rural - Rural Purpose: To provide opportunity for a variety of low- density residential development including cluster development with the Flexibility to practice farming or forestry, or operate a home occupation or cottage industry; to retain a sense of community. Also to encourage agriculture and forestry activities through the use of incentives. Definition: Allows one dwelling unit per two, five, or ten acres, but encouraging ten acre development; with less traffic noise and congestion than in urban areas; low - density population; open space; privacy; largely forestry and agriculture oriented; rural level of services. File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT F Locational Low residential density; areas with physical environmental constraints; Criteria: areas characterized by full and part-time forestry and agriculture, but not designated as commercial resource lands. One unit per two acre zoning is limited to previously developed areas or as in -fill development only. Rural Forestry - Resource Lands Purpose: To provide flexibility in use, enabling the landowner to live on the land and practice forestry and forestry- related industry. Definition: Lands used primarily for growing trees with some low- density residential development. Locational Lands useful for growing trees for commercial timber production; Criteria: usually located within public service districts; accessed by private roads built to Whatcom County development standards or public roads; low- density residential development; land parcels generally 20 acres or greater in size; property often in tax deferred status. Commercial Forestry - Resource Lands Purpose: To provide land base for commercial forestry activities and provide predictability of future land use to forest land owners. Definition: Land primarily devoted to commercial timber production. Locational Land primarily devoted to growing trees for long -term commercial Criteria: timber production; located outside public service districts such as fire and water; accessed by private or state forest roads; parcels generally 40 acres or larger in size; land in tax deferred status. Public Recreation Purpose: To provide the public with open space and recreational opportunities; to protect conservation areas. Definition: Areas with unique scenic or recreational amenities. Locational Parcels owned or managed by public or private agencies for Criteria: recreational or conservation use. Special Study Areas Purpose: To indicate areas where regional planning efforts are a high priority and necessary in order to address important local issues in greater detail. Definition: Includes the Lake Whatcom Watershed and certain areas within the Lummi Reservation. (WCCP p. 2 -52) File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT F Chapter 2 — Land Use Accommodating Growth GOAL 2A: Ensure provision of sufficient land in all designations to accommodate the growth needs of Whatcom County and protect the qualities which make the county a desirable place to live. Policy 2A -1: Concentrate urban levels of development within designated urban growth areas. Policy 2A -2: Where existing zoning or land use does not already prohibit it, draw a distinct boundary between urban and rural uses. Policy 2A -4: Designate land uses which reflect the best use of the land. Policy 2A -7: Provide sufficient and appropriately located residential, commercial, and industrial lands. Capital Facilities GOAL 2C: Channel growth to areas where adequate services can be provided. Public Participation in Decision - Making GOAL 2G: Encourage citizen participation in the decision - making process. Property Rights GOAL 2H: Preserve private property rights while recognizing the importance of the rights of the community, including protecting the natural environment and conserving resources. Policy 2H -1: Review and retain regulations that serve to protect the public welfare, health, and safety. Fish and Wildlife GOAL 2M: Protect and encourage restoration of habitat for fish and wildlife populations. Policy 2M -1: Ensure that new land uses do not degrade habitat of threatened and endangered species. Urban Growth Areas Policy 2P4: Limit development within urban growth areas with no municipal sewer and water service to one unit per five acres. File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT F GOAL 2Q: Ensure adequate land supply is provided to accommodate twenty years of growth within urban areas. Bellingham Urban Growth Area Policy 2S -6: Designate all areas within Bellingham's Urban Growth Area that are also located within the Lake Whatcom Watershed as a Resource Protection Area /Urban Growth Area. Sudden Valley Provisional UGA Policy 2Z -16: Recognize the existing parcelization and the commitment for development of the remaining multi - family parcels in Sudden Valley. Policy 2Z -17: Work with the Community Association towards achievement of the density reduction target of 1,400 lots within the Sudden Valley Provisional UGA. Rural Character and Lifestyle GOAL 2CC: Retain the rural character and lifestyle of Whatcom County. Policy 2CC -1: Concentrate growth in urban areas. In areas where existing development patterns do not already prohibit it, draw a distinction between urban /rural uses to prevent urban sprawl. Rural Services GOAL 2DD: Ensure that rural areas are provided with services consistent with the rural character and that development patterns do not encourage an increased service level or degrade water quality. Policy 2DD -1: Recognize volunteer fire protection, emergency services, and law enforcement protection as appropriate services in designated rural areas. Policy 2DD -2: Allow development in rural areas only when urban services are not required. Policy 2DD4: Discourage urban levels of water and sewer service extensions to serve development outside of Urban Growth Areas, Small Towns and Resort/Recreational Subdivisions, and the Gateway Industrial Transportation Corridor unless there are serious public health or environmental concerns. Special Study Areas GOAL2PP: Prioritize the Lake Whatcom area in establishing incentives for appropriate development. Provide sufficient funding and support to be successful. Policy 2PP -1: Work with property owners to find acceptable development solutions at lower overall densities than the present zoning allows. File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT F Chapter 8 - Resource Lands GOAL 8H: Reduce land use conflicts between Whatcom County's forest and non - forest landowners. Chapter 11 - Environment GOAL 11 A: Protect natural resources and systems, life and property from potential hazards. Policy 11A -2: Protect the environment through a comprehensive program that includes voluntary activity, education, incentives, regulation, enforcement, restoration, monitoring, acquisition, mitigation, and intergovernmental coordination. Policy 11A -4: Manage designated Environmentally Critical Areas (ECAs) as needed, to minimize or protect against environmental degradation and reduce the potential for losses to property and human life. Policy 11A -8: Coordinate efforts with property owners, citizen groups and governmental and non - governmental agencies in furthering Whatcom County's environmental goals and policies. GOAL 11 E: Protect and enhance water quality and promote sustainable and efficient use of water resources. Policy 11 E -1: Actively promote and participate in education, research and information opportunities which better our understanding of the county's complex water resource systems. New information should be considered in the development and evaluation of management actions. Policy 11 E -2: Maintain as a high priority the protection of water quality and quantity, and associated features like watersheds and aquifers. Policy 11 E -3: Pursue the most effective methods for protecting water quality, through both regulatory (e.g. zoning, enforcement, fines) and non - regulatory approaches (education, incentives, and technical /financial assistance). Emphasis should be placed on non - regulatory approaches where possible and effective. GOAL 11 F: Protect and enhance Whatcom County's surface water and groundwater quality and quantity for current and future generations. Policy 11 F -1: Manage surface water systems, where appropriate, on a watershed basis. Policy 11F -2: Define and identify high - priority watersheds. Policy 11 F -3: In conjunction with the public and appropriate local, State, and Federal jurisdictions, define and identify areas which may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT F protection areas, and high priority watersheds such as those specified under WAC 400 —'Local Planning and Management of Non -point Source Pollution" and under legislative policy direction (e.g. Nooksack Basin, Lake Whatcom and Drayton Harbor). Policy 11 F -6: Pursue the adoption and implementation of ground and /or surface water management plans and integrate the plans into local comprehensive plans. Designate the Lake Whatcom Watershed as a high priority in this effort. Policy 11 F -7: In conjunction with all jurisdictions develop and adopt programs to protect water quality and quantity within watersheds, aquifers and marine water bodies which cross jurisdictional boundaries. GOAL 11G Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. Policy 11 G -1: Manage stormwater runoff to minimize surface water quality and quantity impacts. Policy 11 G -5: Evaluate the role of watersheds in the maintenance of water quality and quantity and determine what cumulative impacts development activity may have on watershed hydrology. GOAL 11 J: Protect and enhance natural systems which provide economic, ecological, and cultural benefit. Policy 11J -6: Consider sensitive fish, shellfish, and wildlife species and their habitats when establishing zoning densities and patterns. GOAL 11K: Protect and enhance natural systems that support native fish and wildlife populations and habitat. Policy 11K -1: Strongly discourage any activity that might cause significant degradation of the fishery resource or habitat. Policy 11K -2: Support the protection and enhancement of significant fish spawning and rearing habitat, food resources and travel passages. Policy 11 K -3: Support development that prevents or minimizes disturbance to fish, wildlife and their habitats. File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT G Lake Whatcom Reservoir Management Program 'b CC7 Z, 2003 Goals and Policies STAFF RePORT Jointly adopted by Whatcom County, the City of Bellingham 6 Water District No. 10 in 1992 General Goal Statements • To recognize Lake Whatcom and its watershed as the major drinking -water reservoir for the County and develop public and private management principles for the lake and watershed consistent with a drinking water reservoir environment. Affirm this goal by establishing the name: Lake Whatcom Reservoir. • To protect, preserve and enhance water quality and manage water quantity to ensure long- term sustainable supplies for a variety of uses, with priority placed on domestic water supply. Management programs and actions will be made in recognition of existing contractual agreements and potential for review and renegotiation in light of these goals. • To prioritize protection over treatment in managing Lake Whatcom and its watersheds. Management actions shall reflect a long -term view of replacement or treatment costs. • To manage water quantity to sustain long -term efficient use of the water for beneficial uses within the county that are consistent with a drinking -water reservoir, and recognize the integral link with the Nooksack River and associated water resource concerns. • To ensure that opportunities for public comment and participation are provided in policy and management program development, and to promote public awareness and responsible individual actions. GOAL 7: Nutrient Loading and Other Potential Threats • Identify other sources of nutrient loading and other threats and implement measures to minimize impacts on the lake. Goal 11: Stormwater • Prevent water quality degradation and water quantity impacts associated with stormwater runoff. • Control development density and location. • Evaluate options which can be applied to both existing and new development to reduce impacts on water quality, including vegetation management, education, and cost incentives. Goal 13: Urbanization /Development • Prevent water quality degradation associated with development within the watershed. • Review and recommend changes in zoning and development potential that are compatible with a drinking water reservoir environment. • (In addition to zoning) identify and promote other actions . to minimize potential for increased development in the watershed (i.e., land trust, development rights, cost incentives, etc.) File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT G Develop specific standards which reduce the impacts of urbanization, such as minimal lot clearing; clustered development to reduce infrastructure; collection and treatment of stormwater before entering the lake. Develop appropriate intedocal agreements with governing agencies to prohibit the potential for additional development once an agreed upon level is set. 8 QQ~�� N p 1- a0C 8 (� 2 Ip H m_ 2 X v W L d R 3 E o U U R i d Y a J d t_ C 7 0 v m i •L 1 d O a v X W � 4 Oo H N L C C TZ z 10 U y C Q 'fie d'm a�NNW °n d Nmv'vl'i�. -mn°' � O 0 a A a d A° Uy a � 0L U ; 6 LL d m O J n m m `g m � N w w o N� �V1 U mnYl N� mm � W a E w >o v pp pp m p E n tmO tl�ImN���UM M1�V0 d W NM id���pMNny� �d tD 4l Q C M m m a N W N 12 n _a v�i3 w KKKCnwUj?jZ `nyCZC�mU??jz Ua Ey vt oro z s �m33i» ' ' ' ' o° o o o o m > d o ;' Soo N N 0> ;2 T C 0 U E v � m :? 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SI Bellingham 7A �t Blaine �'�l Everson Re7pce- 1 r Femdale Lynden Nooksack Sumas Columbia Valley Point Roberts Birch Bay Other Urine. Total Forecasts 2002 2007 2012 2017 2022 81.741 9,700 99,629 108.439 117,472 5,011 5,738 6,465 7,171 7942 2,330 2,653 3,020 3,433 3,912 10,451 12,174 13,891 15,585 17,322 10,217 11,899 13,573 15,234 16,900 1,002 1,219 1,482 1,798 2,189 1,036 1,168 1,316 1,480 1,669 2,712 3,765 4,818 5,839 6,966 1,367 1,576 1,784 1,987 2,210 4,815 6,004 7,193 8.347 9,619 53,818 59,036 64,254 69,323 74,882 174,501 195,931 217,426 238,636 261,084 Share of County population growth 2002 -2007 2007 -2012 2012 -2017 2017 -2022 Bellingham 42% 42% 42% 40% Blaine 3% 3% 3% 3% Everson 1 % 2% 2% 2% Ferndale 8% 8% 8% 8% Lynden 8% 8% 8% 7% Nooksack 1% 1% 1% 2% Somas 0% 0% 0% 0% Columbia Valley 5% 5% 5% 5% Point Roberts 1 % 1 % 1% 1 % Birch Bay 6% 6% 5% 6% Other Uninc. 24% 24% 24% 25% Total 100% 100% 100% 100% Source: Emnomy.mm, Washington State Office of Finar ial Managemen( ECONOM"st analysis. Whatcom County Population and Economic Forecasts ECONorthwest May 2002 Page 3 -14 File ZON2002 -00005 and CMP2003 -00013 Lake Whatcom Rezone EXHIBIT L County -Wide Planning Policies Tb STA URBAN VERSUS RURAL DISTINCTIONS REPORT B.2. The county shall discourage urban level development outside Urban Growth Areas and outside of areas currently characterized by a development threshold greater than a rural development density. B.3. Consistent with the character of existing development, and the ability to provide needed services, Whatcom County shall allow infill of rural areas characterized by existing commercial, industrial, and intensive residential development greater than a rural development density and rural settlements. These areas should be clearly delineated, and not expanded. Impacts on critical areas and other environmental considerations as well as the availability of capital facilities and rural levels of service must be considered before allowing infill in these areas. BA. Whatcom County shall promote appropriate land uses and allow for infill within rural settlements consistent with the community character, environmental constraints and the ability to provide needed infrastructure and needed services. B.6. Whatcom County should undertake a public process to define rural areas and rural growth as distinct from urban areas and urban growth. WATER QUALITY AND QUANTITY The quality of life and economic health of Whatcom County communities depend on the maintenance of a safe and reliable water supply. All jurisdictions and water purveyors should cooperate to ensure the protection and quality of the area's water resources. (WCCP, p. C -12) N.2. The Cities and the County in cooperation with other municipal corporations and tribal governments, shall adopt zoning regulations and development standards to protect water resources. Those regulations and development standards shall protect potable water supplies and water resources when there are conflicts with designations required by the Growth Management Act. N.3. All jurisdictions shall cooperate to protect water quality and quantity within watersheds and marine water bodies which cross jurisdictional boundaries. NA. Jurisdictions involved in the development of ground and /or surface water management plans shall pursue the adoption and implementation of the plans and integrate the plans into local comprehensive plans. N.6. All jurisdictions should maximize reduction of water pollutants from stormwater runoff and combined sewer overflows.