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Home My WebLink Aboutord2003-007ifIIATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -084F _ CLEARANCES ]nitid Date Date Receivedin Council 0 ice Aenda Date Asslmedlo: Originator: Amy its Vera Pederson 9 /'y E n W EC 2 C V E SEP 17 2002 WHATCOM COUNTY COUNCIL � -ay Os2- Introduction 0/8/02 P&D Division Head: Sylvia Goodwin to 17, Pt J Dept. Head: Hat Hart tl Prosecutor. Karen Fogies Purchasing /Budged /_ Ih Executive: PeteKremau / q'o SUBJECT.- Proposed amendments to the official Whatcom County zoning map from RR2, R2A and R5A to R2A, RSA, Lou and( P within portions of the Lake Samish Watershed and amending the Whatcom County Comprehensive Plan map designation from Suburban Enclave to but val for areas within the Lake Samish Watershed. ATTACHMENTS: (1) Proposed ordinance reflecting the Planning Commission's recommendations. Nate: Back round materials are available or review at the Count Council ice. SEPA review required? ( x )Yes ( ) NO Should Clerk schedule a Nearing? ( )Yes ( x'J NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: t A hearing must be held if the Council changes the Planning Commission recommendation WCC 20.10./ 10). SUMMARY STATEMENT: Pursuant to WCC 20.10, proposed Comprehensive Plan amendments shall be docketed for consideration once per year. An application for Comprehensive Plan map amendment and associated zoning map amendments was submitted by the Concerned Neighbors of Lake Samish. Neighbors Note: The subject proposal is one of a number of comprehensive plan amendments initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur by November 30. Distribution Request indicate those who should ientire a ropy Per c undinramn List specie names ro the right . ADS Faelhrtea Management ADS Finance ADS Human Resources ADS Info Services Assessor Keith Willnauer Auditor Cooperative Extension District coon Executive Health _ Hearing Examiner Jail 2/2612002: review -0, Res. 4 and forwarded to Planning Commission 4/2002:In Res. 42002-013 12002 Held In 71128/2003: N: 82002: Held li committee ro be 10/22 2212002: Public Hearing to curency scheduled 7-0 62002: Nelson opposed concurrency meeting 4 -3, Brenner, 0 Nelsoned 4-2,tl 0 0 3: Adopted 4 -2, Crawford, Brenner opposed Nelsen absent. Ord #2003 -007 Rela. r Related File Numbers: CMP2002 -00023 Juvenile Parks Plannlag Prosecutor public Works Mer,B. fra Superior Court Treasurer Other Ordinance or Resolu (this item): Q 1:2 Planning DivaionACamp Plan AmendmentsVComp Plan 2002VCMP2001 -00023 AB doe SPONSORED BY: planning PROPOSED BY: Planning INTRODUCTION DATE: 9/24/02 ORDINANCE NO. 2003 -007 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RR2, R2A AND R5A TO R2A, R5A, AND RF WITHIN PORTIONS OF THE LAKE SAMISH WATERSHED AND AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN MAP DESIGNATION FROM SUBURBAN ENCLAVE TO RURAL FOR AREAS WITHIN THE LAKE SAMISH WATERSHED WHEREAS, pursuant to WCC 20.10, proposed Comprehensive Plan amendments shall be docketed for consideration once per year; and WHEREAS, an application for Comprehensive Plan map amendment and associated zoning map amendment was submitted by the Concerned Neighbors of Lake Samish; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendments were published in the Bellingham Herald, mailed and posted; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposal; and WHEREAS, the Whatcom County Planning Commission has evaluated the proposed amendments and made certain modifications; 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 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. The Chuckanut- Lake Samish Subarea Background Document, adopted in November 1984, provides a descriptive inventory and analysis of pre- subarea plan land use and outlines recommendations and rationale for permanent zoning within the subarea. 2. The Chuckanut - Lake Samish Subarea Plan, adopted in May 1986, established the first permanent zoning within the Chuckanut -Lake Samish subarea. 3. The Whatcom County Comprehensive Plan was adopted in May, 1997. 112 Planning Division \Comp Plan Amendments \Comp Plan 2002 \Staff reports \C10P2002 -00023 ORD.doc Page 1 4. Rural amendments to the Washington State Growth Management Act (Engrossed Senate Bill 6094) became effective in July, 1997. 5. Under RCW 36.70A.070(5)(d), the rural amendments provided 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. 6. As 1990 aerial photographs of the Lake Samish watershed were not available, 1991 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 delineated Lake Samish limited areas of more intense rural development (LAMIRDs) occurred prior to July 1, 1990. 7. On May 15, 2001, pursuant to WCCP Policy 11 F -2, the Lake Samish Watershed was identified as a "high- priority watershed" and was designated as a Water Resource Protection Overlay District and a Water Resource Special Management Area under WCC, Title 20. 8. On February 12, 2002, County Council adopted an interim ordinance imposing a moratorium on the acceptance of new applications for subdivisions of land into parcels smaller than five acres within the Lake Samish Watershed. 9. On February 26, 2002, County Council initiated review of the Concerned Neighbors of Lake Samish' application to amend the official Whatcom County zoning and Comprehensive Plan maps, and associated Comprehensive Plan text, for the Suburban Enclave (RR2) areas within the Lake Samish watershed. 10. Lake Samish is the source of drinking water for approximately 90 percent of the residents in the Lake Samish Watershed. 11. Impervious surface coverage exceeding 10% has been identified in many recent reports as a key indicator of water resource impacts for receiving streams. 12. Erosion and sedimentation are of concern for a number of reasons including their impacts on beneficial uses such as fisheries and drinking water. 13. Notice of the Planning Commission hearing for the proposed zoning and Comprehensive Plan map amendments was published in the Bellingham Herald on Thursday, July 11, 2002. 14. A Determination of Non - Significance was issued under the State Environmental Policy Act on July 17, 2002. 15. A Whatcom County Planning Commission public hearing was held July 25, 2002 and all testimony was considered. 16. The Whatcom County Planning Commission held a work session on August 29, 2002, 17. This ordinance does not result in any undue burdens for which compensation is required. 1 \2 Planning Division \Comp Plan Amendments \Comp Plan 2002 \Staff reports \CMP2002 -00023 ORD.doc Page 2 CONCLUSIONS 1. Existing and potential sources of contamination associated with development within the watershed could significantly impact the availability of safe, adequate supplies of water and fish and wildlife habitat. 2. The proposed zoning map amendments, shown in Exhibit A, have been determined using the criteria established in RCW 36.70A.070(5)(d) and in accordance with the guidance provided by the 1984 Chuckanut -Lake Samish Subarea Plan and the letter submitted from the Office of Community Development, dated July 12, 2002. 3. The proposal serves the public interest as it is intended to provide further protection of the Lake Samish Watershed as a drinking water source and fish habitat. 4. The proposed amendments have been developed consistently with the Growth Management Act, County Wide Planning Policies, Whatcom County Comprehensive Plan, the Chuckanut -Lake Samish Subarea Plan, and the Samish Bay Watershed Nonpoint Action Plan and Final Closure Response Strategy. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Comprehensive Plan map and the Official Whatcom County zoning map are hereby amended as shown on Exhibit A. ADOPTED this 28 day of January 2003. WHATCOM COUNTY COUNCIL ATTEST: _ WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Dan McShane, Council Chair Clerk of the Council APPROVED as to form ,r lxkl David Grant, Civil Deputy Prosecutor "prove)( ) Denie i P €te Krem @n, County ExecuTive Dater I'.\2 Planning Division \Comp Plan Amentlments \Comp Plan 2002 \Staff reports \CMP2002 -00023 ORD. doc Page 3 T ps Z7 N D n T e D F (D 0) 3 m � S 0 N m