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Home My WebLink Aboutord2003-044WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 - 277 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orlg. Dept.: County Council 7/29/2003 2 Q LE JUL 2 9 2003 WHATCOM COUNTY COUNCIL 8/52003 Introduction Division Head 8/26/03 Special Council Dept. Head. 9/09/03 Public Hearing Prosecutor Budget: Executive: SUBJECT: Ordinance: interim moratorium for applications: subdivisions Lake Samish ATTACHMENTS SUMMARYSTATEMENT: Related County Contract N: Should the Clerk schedule a hearing? (YM) Y Requested Date: 9/912003 Ordinance imposing an interim moratorium on the acceptance of new applications for subdivisions of land into parcels smaller than five acres within the Lake Sal Watershed. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2003 -277 8/5/2003: Introduced 8/26/2003: Adopted 5 -1, Crawford opposed, Nelson absent. Ord. ll 2003 -044 Related File Numbers: Ordinance or Resolution Number (this item only): C91), + ZM3 - 04+ SPONSORED BY: Consent PROPOSED BY: McShane INTRODUCTION DATE: August 5. 2003 ORDINANCE 2003 -044 IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE SAMISH WATERSHED WHEREAS, on January 28, 2003, the Whatcom County Council adopted Ordinance No. 2003 -007 which amended the Whatcom County Zoning /Comprehensive Plan Map for certain parcels of land within the Lake Samish Watershed; and WHEREAS, Whatcom County Code Chapter 20.71 defines the Lake Samish Watershed and establishes it as a Water Resource Protection Overlay District; and WHEREAS, Ordinance 2003 -007 was adopted in part to protect the health and welfare of the community because, as the Council found, in part: 1. The Lake Samish Watershed is a "high- priority watershed," having been designated as a Water Resource Protection Over /ay District and a Water Resource Special Management Area under WCC, Title 20; 2. Lake Samish is the source of drinking water for approximately 90 percent of the residents in the Lake Samish Watershed. 3. Scientific research has shown that impervious surface coverage of the sort associated with development which exceeds 10% has a detrimental effect upon water quality in receiving streams; 4. Erosion and sedimentation are of concern for a number of reasons, including their impacts on beneficial uses such as fisheries and drinking water; 5. Existing and potential sources of contamination associated with development within a watershed can significantly impact the availability of safe, adequate supplies of water and fish and wildlife habitat; Page 1 6. The ordinance served the public interest by providing further protection of the Lake Samish Watershed as a drinking water source and fish habitat 7. The Whatcom County Comprehensive Plan was adopted in May, 1997, while the Rural amendments to the Washington State Growth Management Act (Engrossed Senate Bill 6094) became effective in July, 1997; 8. 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; 9. 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 and building permit records, most of the development within the delineated Lake Samish limited areas of more intense rural development (LAMIRDs) occurred prior to July 1, 1990.; and WHEREAS, prior to the adoption of Ordinance 20003 -007 the County Council had adopted Ordinance No. 2002 -004 on an emergency basis and thereafter Ordinance No. 2002 -011 establishing an interim moratorium on the acceptance of certain subdivision applications within the Lake Samish Watershed because the potential for further development at the then existing densities threatened the environment of the watershed as well as the health and welfare of those living in it; and WHEREAS, a petition has been filed with the Western Washington Growth Management Hearings Board requesting the Board to find Ordinance 2003 -007 invalid due in part to alleged procedural flaws in the Council's adoption of that ordinance; and WHEREAS, if the Growth Management Hearings Board issues an order of invalidity pertaining to Ordinance No. 2003 -007, those who may wish to vest applications for development within the affected areas at the pre- existing higher densities may be allowed to do so; thereby thwarting the environmental, health and general welfare protections afforded by Ordinance No. 2003 -007, as well as Ordinances 2002 -004 and 2002 -011, during the time in which subsequent appeals or actions deemed necessary by the Whatcom County Council could take place; and WHEREAS, the Council stands firm in its conviction to protect the Lake Samish Watershed and the health and welfare of those affected by its environment, and desires not to allow an alleged procedural flaw in the Page 2 adoption of Ordinance 2003 -007 to jeopardize the goals of that ordinance; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - Significance (DNS) on January 14, 2002 in respect to Ordinance No. 2002 -011 and the present ordinance is the same action; and WHEREAS, the Whatcom County SEPA Official has reviewed this proposed action and finds the DNS issued for Ordinance NO. 2002 -011, and Ordinance 2002 -045 which continued it, remains applicable to the ordinance herein proposed; and WHEREAS, The Growth Management Act, RCW 36.70A.390, provides authority for the adoption of moratoria on an interim basis; and WHEREAS, the Council has heard testimony and reviewed documents offered in support of Ordinance No. 2003 -007, Ordinance No. 2002 -004 and Ordinance No. 2002 -011, as well in regard to planning issues surrounding the Lake Whatcom Watershed, all of which provide factual and policy guidance to the Council, and WHEREAS, the Whatcom County Council held a public hearing in this matter on September 9, 2003, the Council makes the following findings of fact: 1. Whatcom County Chapter 20.71 WCC establishes the Lake Samish Watershed as a "high- priority watershed" for purposes of the Water Resource Protection Overlay District; 2. Without the provisions of Ordinance 2003 -007 in place, prior zoning within the Lake Samish Watershed would allow for approximately 1,000 more development units; 3. Ordinance 2003 -007 may be subject to an order of invalidity which, without the provisions of this moratorium, would allow for the vesting of long and short plat subdivision applications to the greater development densities of the pre- existing zoning; 4. The potential for the development of 1,000 more development units within the areas rezoned under Ordinance 2003 -007 would threaten the Lake Samish Watershed; 5. Should Ordinance 2003 -007 be held invalid, time for gathering and assessing additional information may be necessary to establish alternative development regulations and /or zoning may be necessary to protect the watershed and find compliance with the Growth Management Act; 6. Lake Samish is the source of drinking water for about 90% of the residents with the Lake Samish Watershed; Page 3 7. The Lake Samish Watershed is an environmentally sensitive area; 8. An interim moratorium limiting the acceptance of certain application for subdivisions 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, and 9. The proposed interim moratorium is necessary for the protection of public health and welfare. NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council that a moratorium is hereby imposed on the acceptance of new applications for subdivisions or short plats of land into parcels smaller than five acres in the Lake Samish Watershed, as defined by Chapter 20.71 WCC, unless the applications were complete, as provided in Whatcom County Code, prior to the effective date of this ordinance. BE IT FURTHER ORDAINED that this moratorium shall expire 180 days from the effective date of this ordinance, unless repealed or extended beforehand. ADOPTED this 26th day of August, 2003 . Dana Brown-Davis, Council il APPROVED as to form: Civil Prosecutor WHATCOM COUNTY COUNCIL WHA):COM COUNTY, V14SHINGTON Dan McShane, Council Chair ( Approved ( ) Denied Pete Krenr en, Executive Date: $I27103