HomeMy WebLinkAboutord2004-047snrz0o4
SPONSORED BY: Consent
PROPOSED BY: Consent
INTRODUCTION DATE: o/IAwnQ4
ORDINANCE # 2004 -047
At32WII -121
ADOPTION OF THE WHATCOM COUNTY BIRCH BAY COMMUNITY
PLAN
WHEREAS, Notice of the Planning Commission Hearings were published in the Bellingham
Herald on September 11, 2003 and December 25, 2003; and
WHEREAS, The Planning Commission held public hearings on September 25, 2003 and
January 8, 2004 and a work session on February 12, 2004; and
WHEREAS, On July 22, 2003, the SEPA Official issued a determination that the revised
Birch Bay Community Plan is not likely to have a significant adverse environmental impact, and that
no EIS is required and has reviewed the proposed revisions and reaffirmed his Determination of
Nonsignificance; and
WHEREAS, The Planning Commission evaluated the proposed amendments and
recommended approval on February 12, 2004; and
WHEREAS, The County Council has held additional public hearings to obtain additional
public input; and
WHEREAS, The County Council has considered the Planning Commission's Findings of
Fact & Reasons for Action, Conclusions, and Recommendations.
The Council makes the following findings of fact and conclusions:
FINDINGS OF FACT
1. Notice of the Planning Commission Hearing was published in the Bellingham Herald on
September 11, 2003 and December 25, 2003.
2. The Planning Commission held public hearings on September 25, 2003 and January 8,
2004.
3. On July 22, 2003, the SEPA Official issued a determination that the revised Birch Bay
Community Plan is not likely to have a significant adverse environmental impact, and
that no EIS is required and has reviewed the proposed revisions and reaffirmed his
Determination of Nonsignificance.
I Planning Division \Comp Plan Amendments \Comp Plan 2002 \CMP 2002- 00030 \01U) CMP20024)0030 BB Community Plan doc doc
4. The Plan is consistent with County Comprehensive Plan, County-wide Planning Policies
and Growth Management Act (GMA) planning goals regarding Urban Growth, Housing,
Property Rights, Natural Resources, Open Space and Recreation, Environmental
Protection, Citizen Participation, Public Services and Facilities and Transportation.
5. The Planning Commission has recommended a number of revisions to the Birch Bay
Community Plan and the Whatcom County Comprehensive Plan to address conflicts
between the two plans. The two plans are consistent, as revised.
6. The Birch Bay area is one of the fastest growing areas of Whatcom County and has one of
the highest concentrations of wetlands in the County.
7. Birch Bay is a significant shellfish growing area and was downgraded to "Threatened"
status by the Washington State Department of Health due to increasing bacteria
concentrations in marine waters.
8. A recently published literature review by the Puget Sound Action Team (PSAT)
concludes that wetlands perform an important function of stormwater storage that helps
prevent pollutants that threaten the shellfish harvest from entering the Bay.
9. The PSAT literature review also concludes that contamination and closure of shellfish
growing areas is perhaps the most significant and quantifiable impact from urbanization.
10. Recently approved amendments to the Whatcom County Comprehensive Plan include a
Goal I IM and Policies M -2, M -3, M -4, M -5, M -6 and M -8 that support protection of
shellfish growing areas through Low Impact Development standards, improved
stormwater management and restoration of wetlands.
CONCLUSIONS
1. The Birch Bay Community Plan and revisions to the Whatcom County Comprehensive
Plan comply with the approval criteria for Comprehensive Plan Amendments as
stipulated in WCC 20.10.080.
2. The proposed policies concerning designation of the Birch Bay watershed as a
"Stormwater Special District" and as a " Water Resource Special Management Area"
under the Whatcom County Code and supporting the implementation of Low Impact
Development Standards will help prevent adverse impacts to the shellfish resource.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Birch Bay Community Plan, as a Subarea of the Whatcom County
Comprehensive Plan is hereby adopted as shown in Exhibit A.
I Planning Division\Comp Plan AmendmenO \Comp Plan 2002 \CMP 2002- 00030 \01U) CMP2002 -00030 BB Community Plan dac.doc
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof
other than the part so declared to be invalid.
ADOPTED this 28th day of September, 2004
ATTESTa'T Y
Dana
APPROVED as to form:
Civil DeFKty Prosecutor
WHATCOM COUNTY COUNCIL
WHAAJTTC/OM COUNTY, WASHINGTON
Dan tr McShanb
aperson
(t Approved O Denied
Pete Kremen, Executive
Date:
r\2 Planning Division \Comp Plan Amendments \Comp Plan 2002 \CMP 2002- 00030\01UD CMP2002 -00030 BB Community Plan dondoc