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Home My WebLink Aboutord2004-0489112004 SPONSORED BY: Consent PROPOSED BY: Consent INTRODUCTION DATE: 9 / 111/04 ORDINANCE N 2004 -048 A3 OOG -izz AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP REGARDING THE BIRCH BAY URBAN GROWTH AREA 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 WHEREAS, The Planning Commission evaluated the proposed amendments and recommended approval on February 12, 2004; and WHEREAS, The County Council considered the Planning Commission's Recommendations and held public hearings on June 29 and September 28, 2004 to consider additional public input; and WHEREAS, The County Council adopts the following findings of fact and conclusions: FINDINGS OF FACT 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 completed an additional review of the proposed changes to reaffirm his Determination of Nonsignificance. 4. The Plan is consistent with County Comprehensive Plan, County-wide Planning Policies and Growth Management Act (GMA) planning goals regarding Urban Growth, Housing, 1 \2 Planning Division\Comp Plan AmendmeneTomp Plan 2002 \CMP 2002 -00030 \ORD CMP2000-00030 Comp Plan doo.do Property Rights, Natural Resources, Open Space and Recreation, Environmental Protection, Citizen Participation, Public Services and Facilities and Transportation. 5. The Planning Commission and County Council have 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 11 M and Policies M -2, M -3, 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 Whatcom County Comprehensive Plan text and map are hereby amended as shown in Exhibits B, C, D and E. 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. I \2 Planning Division \Comp Plan Amendments \Comp Plan 2002\CMP 2002 - 00030 \01UD CMP2000 -00030 Comp Plan dmAoc ADOPTED this 28th Coo ATTEiZ.1M, * 4/0 APPROVED as to form: Ill' it Deputy Prosecutor dayof september,2004 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ( Approved O Denied Pete Kremen, Executive Date: 1 @ Planning Division \Cmnp Plan Ammdments\Comp Plan 2002\CMP 20112 -00030 \0RD CMP2000 -00030 Comp Plan dm do Exhibit B Whatcom County Comprehensive Plan Text regarding Birch Bay Birch Bay (from page 2 -47 to 2 -48 of Whatcom County Comprehensive Plan.) Birch Bay is a resort community which has the west - development highest growth rate and the most potential for development of any unincorporated area in the county. The area has historically been a second -home resort area with a trend toward permanent, often retirement homes. A high proportion are still second homes. According to the . There are also -3,00 an estimated 2.353 acres of undeveloped residential land in the Birch Bay UGA with - o:oe.,- 29,,..s. Approximately 942 BveF 1,000 of these acres are constrained by wetlands and other critical areas. Considering .ex' at ng VaG@Rt platted lets a 25% market factor, 45,04 baserl an 1999 1 IS Census data), and a deduction of land for infrastructure, utilities, a tewR care aFea, and shoreline and critical areas.-buffer&,-the-gfg%14-e6tm;ate49F there is sufficient residential land for aooroximately 3.450 new residential or recreational units within the Birch Bay Water and sewer are provided by Birch Bay Sewer and Water District which has a network of water lines throughout most of the district.; including the Birch Point area which was removed from the urban growth area in 2004. designated - zoning. Birch Bay Water and Sewer District has the capability of providing sewer service to the entire urban growth area, but the present system covers a much smaller geographic area than the water distribution. The sewer service area also includes land which was removed from the Urban Growth Area but there is no sewer service outside of the urban growth area. The district purchases water under a contractual agreement from the City of Blaine., but contract with Whatcom County PUD 1 to supply the longer term needs of the community. In 1992, an attempt was made to incorporate Birch Bay; however, it was defeated by the voters. One of the issues was whether a portion of the Cherry Point Industrial Area should be included within the boundaries for incorporation. The County Comprehensive GOAL 2AA: Recognize Birch Bay, Sudden Valley Provisional Urban Growth Area, and the Columbia Valley /Kendall area as county urban growth areas, not associated with existing cities. (from page 2 -49 of County Comprehensive Plan.) Policy 2AA -1: Work with a" parties is FeGO'Ve the 'AfAteF 1961 R SO Birch Bay can develop Is is full potential the Birch Bay Water and Sewer District to amend the District service area boundaries to be consistent with the revised Urban Growth Area and establish Policies for provision of water service to Portions of the Distric that were removed from the UGA. Policy 2AA -2: Work with Birch Bay Water and Sewer District and the City of Blaine to resolve the issue of jurisdiction north of Lincoln Road and east of the Semiahmoo development. As a starting premise, assume the area between Lincoln Road and Drayton Harbor to ultimately be part of Blaine but with water and sewer service from the district. Map UGA =8 Exhibit C \ \' l Imm WIN INS Iva 10 1*0 • � 11 Birch Bay Urban Growth i 00 Urban Growth Areas Exhibit C 81O Bay wmmieaY � II MV RT' E.BmIT Rd. BYIMpBx BaY � .1 N' RAW _ II NsMANB c it �V iJ Il_ L uniw L I \ �� C1wcXamrt BaY 9: I R A <µa L? � i axANo SK GTCOUNTY -g, Whatcom Legend " Nom`"' -a County Incorporated City Limits Rural r Comprehensive +20M Plan DRAFT SBpfBm T. zoos :aw �, ^ "Urban Growth Areas -Small Towns zaoa Mlles Major /Port Industrial UGA =crossroads Comme o t z a s e ®Fvhihi} [1 Provisional UGA Resort/Recreational