HomeMy WebLinkAboutord2002-004WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 - 63 A
CLEARANCES Date Dale Received in Council Office Agenda Date Assigned To
Ong. Dept.: County Council
01116/2002
01/15/2002
Full Council
Division Head:
Dept. Head:
Prosecutor
Budget:
Executive:
SUBJECT:
Emer. Ord. interim moratorium on new applications within the Lk Samish Watershed
ATTACHMENTS
SUMMARY STATEMENT: _
Related County Contract #: Should the Clerk schedule a hearing? (YM N_ Requested Date:
Emergency ordinance 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
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
2002 -63A 1/15/20D2: Adopted] -0, Ord. #2002-004
Related File Numbers: Ordinance or Resolution Number (this item only):
ORD* 1001.Or
SPONSORED BY: Consent
PROPOSED BY: McShane
INTRODUCTION DATE: January 15, 2002
ORDINANCE # 2002 -004
IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR SUBDIVISIONS OF LAND INTO PARCELS
SMALLER THAN FIVE ACRES WITHIN THE LAKE SAMISH WATERSHED
WHEREAS, there are concerns that future and current development within the
Lake Samish Watershed will degrade the quality of water that is withdrawn from the lake
for drinking water purposes; and
WHEREAS, Whatcom County Code 20.71 establishes the Lake Samish
Watershed as a Water Resource Protection Overlay District; and
WHEREAS, there are approximately 1,000 new building lots that could be
created within the Lake Samish Watershed under current zoning; and
WHEREAS, an application for a comprehensive plan amendment has been
submitted to Wbatcom County to change the zoning designation for approximately 500
acres within the Lake Samish Watershed from suburban enclave to rural; and
WHEREAS, information is needed to predict and evaluate the impacts of full
build out of the suburban enclave to the existing sewer system, road infrastructure,
schools, and storm water management; and
WHEREAS, the occurrence of potentially toxic algae blooms pose a health risk
to residences of Lake Samish that use the water as a drinking water source and
recreational users of the lake; and
WHEREAS, Whatcom County is required to prepare and/or implement a
watershed action plan for the portion of the Samish Bay Watershed Action Plan with the
County jurisdiction and Lake Samish is within the Samish Bay Watershed and is a critical
portion of the watershed; and
WHEREAS, the Whatcom County Council implemented a development
moratorium within the Lake Whatcom Watershed in order to develop best management
practices for stormwater management for subdivisions, roads and single family
residences and to address impacts of both existing and future development and Lake
Samish is within a Water Resource Protection District with the same rules as Lake
Whatcom; and
WHEREAS, the Whatcom County Council finds the interim moratorium
imposed by this ordinance is necessary for the protection of public health and safety; and
WHEREAS, it is necessary to have this ordinance take effect immediately in
order to prevent future subdivision or short plat applications from vesting under current
law and thus subverting the purpose of this ordinance; and
WHEREAS, the Whatcom County Charter limits an emergency ordinance not to
exceed 60 days from the effective date of adoption, and
WHEREAS, the Whatcom County Council is required to hold a public hearing
on this issue within 60 days of the adoption of this ordinance; and
WHEREAS, the Whatcom County Council finds the emergency moratorium
imposed by this ordinance is necessary for the protection of public health, safety,
property, or peace.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that an emergency 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 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 emergency ordinance shall take effect
immediately and shall expire 60 days from this date, unless repealed or extended
beforehand.
ADOPTED this 15 day of Jan , 2002.
Dana Brown - Davis, Clerk of the Council
APPROVED AS TO FORM:
tOS (
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
E. Ward Nelson; CWrperson
Approved ()Denied
P e Kremen, Executive
Date: