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HomeMy WebLinkAboutord2002-036WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 - 226 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong. Dept: County Council 6/3/2002 614/2002 Introduction Division Head'. Dept. Head. Prosecutor. Budget. Executive'. SUBJECT Ordinance imposing interim zoning within the Lake Whatcom Watershed ATTACHMENTS Ordinance SUMMARYSTATEMENT _ Related County Contract H. Should the Clerk schedule a hearingY(Y/N) Y Requested Dam: 6 /18/2002 Ordinance imposing interim zoning within the Lake Whatcom Watershed. Ordinance addresses concerns that future and current development within the Lake Whatcom Watershed will degrade the quality of water that is withdrawn from the lake for drinking water purposes. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2002 -226 6/4/2002: Introduced 6/1812002: Amended and adopted, 5 -2, Nelson, Crawford! opposed, Ord #2002-036 Related File Numbers: Ordinance or Resolution Number (this item only): DIZD # 2CO2 -036 I Interim Zoning within Lake Whatcom Watershed SPONSORED BY: Consent 2 PROPOSED BY: McShane 3 INTRODUCTION DATE: 6/4/02 4 ORDINANCE NO. 2002 -036 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 IMPOSING INTERIM ZONING WITHIN THE LAKE WHATCOM WATERSHED WHEREAS, there are concerns that future and current development within the Lake Whatcom Watershed will degrade the quality of water that is withdrawn from the lake for drinking water purposes; and WHEREAS, Whatcom County Code 20.71 establishes the Lake Whatcom Watershed as a Water Resource Protection Overlay District; and WHEREAS, there are approximately 3,250 new building lots that could be created within the Lake Whatcom Watershed under current zoning; and WHEREAS, Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County; and WHEREAS, the preservation and protection of drinking water is a top priority of the Whatcom County Council; and WHEREAS, the potential development under current zoning may lead to irreversible harm to Lake Whatcom and the drinking water source of half of Whatcom County's residents; and WHEREAS, the creation of over 3,000 new building lots poses a serious risk to Lake Whatcom because of the creation of additional storm water and impacts to the hydrology of the lake; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits the adoption of interim official controls as a long as a public hearing is held within 60 days of adoption; and WHEREAS, RCW 36.70.795 requires the adoption of Findings of Fact, which justify Council action, the Council makes the following findings of fact: 1. This interim zoning ordinance amending WCC Title 20 is necessary to avoid future degradation of the Lake Whatcom watershed and the associated threat to the drinking water supply of approximately half of the citizens of Whatcom County. 2. Without reducing the potential density within the Lake Whatcom Watershed, impacts from future development and storm water may cause irreversible harm to the Lake and therefore cause harm to the health and welfare of the public. 3. The Whatcom County Council desires the opportunity to review existing zoning densities and development codes and regulations to permanently address these health and safety concerns. Page 1 I WHEREAS, the Whatcom County 2 Significance on June 4, 2002; and 3 4 5 6 7 NOW, THEREFORE, BE IT 8 Whatcom County Code, Title 20, is 9 ordinance. 10 11 12 13 14 15 16 17 18 ADOPTED this 18 day of June 19 20 21 22 23 24 25 26 Dana Brown- Davis, Clerc o the Council 27 28 29 APPROVED AS TO FORM: 30 31 34 Civil Depu y Prosecutor 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 SEPA Official issued a Determination of Non- WHEREAS, the Whatcom County Council held a public hearing on this issue on June 18, 2002. ORDAINED hereby am by the Whatcom County Council that ended as indicated in Exhibit A to this BE IT FURTHER ORDAINED by the Whatcom County Council that, pursuant to RCW 36.70.795, this ordinance shall be effective for no longer than six months following its effective date, but may be renewed for one or more six -month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. , 2002. Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON LaNd WZK___ — cil Ch air �-Approyed ( ) Denied Pete Kremen, County Executive Date: r�1 ►,`� � `fit `1 • coM 002 lot P `SHIN 41 I_ Proponent: Whatcom County Council Location: Lake Whatcom Watershed Whatcom County WA Lead Agency: Whatcom County Land Use Division The lead agency for this proposal has determined that no significant adverse environmental impacts are likely. Pursuant to RCW 43.21 C.030(2)(c), an environmental impact statement (EIS), is not required. This decision was made following review of a completed SEPA environmental checklist and other information on file with the lead agency. This information is available to the public on request. Pursuant to WAC 197 -11- 340(2), the lead agency will not act on this proposal for 14 days from the date of issuance indicated below. Comments must be received by /16 8/02. Responsible Official: John Guenther Title: Senior Land Use Specialist/SEPA Responsible Official Telephone: (360) 676 -6907 Address: 5280 Northwest Drive Bellin h m A 98226 Date: 6/4/02 Signature: �` An aggrieved agency or person may app I this determination to the hatcom County Hearing Examiner. Application for appeal must be filed on a rm provided by the Whatcom County Land Use Division located at 5280 Northwest Drive, Bellingham, WA 98226, no later than the end of the business day on 6/28/02. You should be prepared to make a specific factual objection. Contact Whatcom County Land Use Division for information about the procedures for SERA appeals. K=2 SEPA \DN6\02 93 .ens. doc Tel (360)676-6907 Fax: (360) 738-2493 eo WHATCOM COUNTY 4LOm L � +°� �; Hal H. Hart, A.I.C. P. PLANNING 8 DEVELOPMENT °"'-d� Director SERVICES Roland Middleton, A.LC.P. 5280 Northwest Drive hrA ig 9`SNINGtG Land Use Division Manager Bellingham, WA 98226 DETERMINATION OF NONSIGNIFICANCE (DNS) File: SEP02 -00096 Project Description: Whatcom County Zoning Code amendments to temporarily reduce the all Proponent: Whatcom County Council Location: Lake Whatcom Watershed Whatcom County WA Lead Agency: Whatcom County Land Use Division The lead agency for this proposal has determined that no significant adverse environmental impacts are likely. Pursuant to RCW 43.21 C.030(2)(c), an environmental impact statement (EIS), is not required. This decision was made following review of a completed SEPA environmental checklist and other information on file with the lead agency. This information is available to the public on request. Pursuant to WAC 197 -11- 340(2), the lead agency will not act on this proposal for 14 days from the date of issuance indicated below. Comments must be received by /16 8/02. Responsible Official: John Guenther Title: Senior Land Use Specialist/SEPA Responsible Official Telephone: (360) 676 -6907 Address: 5280 Northwest Drive Bellin h m A 98226 Date: 6/4/02 Signature: �` An aggrieved agency or person may app I this determination to the hatcom County Hearing Examiner. Application for appeal must be filed on a rm provided by the Whatcom County Land Use Division located at 5280 Northwest Drive, Bellingham, WA 98226, no later than the end of the business day on 6/28/02. You should be prepared to make a specific factual objection. Contact Whatcom County Land Use Division for information about the procedures for SERA appeals. K=2 SEPA \DN6\02 93 .ens. doc Tel (360)676-6907 Fax: (360) 738-2493 WHATCOM COUNTY (16.08) STATE ENVIRONMENTAL POLICY ACT ENVIRONMENTAL CHECKLIST A. BACKGROUND s4z O� 1. Name of proposed project: Planning & OeveinPment Services JUN 0 3100? 2. Name of applicant: Dana Brown -Davis Clerk of the Council Telephone: 50739 3. Address: 311 Grand Avenue. Suite #105 Contact: Dana Brown -Davis or Ward Nelson Telephone: 50739 (Dana) 50738 (Ward) 4. Date checklist prepared: 6/30/2002 5. Agency requesting checklist: Whatcom County Council 6. Proposed timing or schedule (including phasing, if applicable): Ordinance introduction on June 4 2002 Public hearing and adoption of ordinance on June 18, 2002. 7. Do you have any plans forfuture additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information (studies, reports, etc.) you know about that has been prepared, or will be prepared, directly related to this proposal. There are numerous studies on Lake Whatcom 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Individual development permits within the Lake Whatcom Watershed are pending. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Include Federal, State, City, County, and local districts or regional offices. Adoption by County Council and. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (You may attach a page if this space is not adequate.) The proposal is intended to reduce the overall potential density in the Lake Whatcom watershed. 12. Location of the Proposal: Lake Whatcom Watershed ��,ay pV TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 2 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one): Flat, rolling hilly, steep slopes, mountainous, other: Any of the above may be found. The Lake Whatcom Watershed contains a wide range of terrain. b. What is the steepest slope on the site (approximate percent slope)? The steepest slopes in the Lake Whatcom Watershed exceed 35 %. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The Lake Whatcom Watershed contains a wide range of soil types. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Yes the watershed contains steep slopes, alluvial fan hazard areas and mine hazard areas. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. None proposed. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N.A. Non - proiect proposal. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N.A. Non - pro iect Proposal. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Whatcom County land use and development standards will be maintained. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. None. b. Are there any off -site sources of emissions or odors that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Whatcom County land use and development standards will be maintained. 3. WATER a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes, Lake Whatcom Lake Louise Carpenter Creek Austin Creek, Beaver Creek, Olsen Creek Brannian Creek Anderson Creek Fir Creek etc. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 3 AGENCY USE ONLY 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No non - proiect proposal. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N.A. Non - proiect proposal. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. N A Non-pro act proposal. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N.A. Non - oroiect proposal. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N.A. Non-pro act proposal. 2) Could waste materials enter ground or surface waters? If so, generally describe. No non-pro act proposal. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: W hatcom County land use and development regulations will be maintained and the proposal is intended to reduce and control potential water impacts. 4. PLANTS a. Check or circle types of vegetation found on the site: Any of the following may be found. x deciduous tree: alder, maple, aspen, other x L evergreen tree: fir, cedar, pine, other x shrubs x grass x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 4 AGENCY USE ONLY x water plants: millfoil, other x other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. C. List threatened or endangered species known to be on or near the site. Unknown. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None proposed. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Any of the following may be found. birds: raptors, ducks, geese, songbirds, other: mammals: deer, beaver, other: fish: salmon, trout, other amphibians b. List any threatened or endangered species known to be on or near the site. Bald eagles are known to have nest territories within the subject area C. Is the site part of a migration route? If so, explain. Pacific flyway. d. Proposed measures to preserve or enhance wildlife, if any: The provisions ofthe Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 6. ENERGY AND NATURAL RESOURCES a. What kind of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None, non - protect proposal. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: W hatcom County land use and development regulations will be maintained. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemica- Is, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required? N.A. 2) Proposed measures to reduce or control environmental health hazards, if any: None proposed non - project proposal. b. Noise 1) What types of noise exist in the area which may affect your project (for TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 5 AGENCY USE ONLY example: traffic, equipment, operation, other)? None. 2) What types and levels of noise would be created by or associated with the project on a short-term or long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. None. 2) Proposed measures to reduce or control noise impacts, if any: N.A. Non- Pro act Proposal. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Land uses within the watershed include residential commercial public service utility, etc. b. Has the site been used for agriculture? If so, describe. Some parcels within the watershed are or have been used for agriculture. C. Describe any structures on the site. Structures within the watershed include: residential with appurtenant structures commercial multi - family, public utility , etc d. Will any structures be demolished? If so, what? No non-pro act proposal. e. What is the current zoning classification of the site? Zoning designations include: Commercial Forestry (CF) Rural Forestry (RR Recreation /Open Space (ROS). Rural 1 unit/5 acres (R54 Rural 1 unit/2 acres (R2A) Rural Residential 1 f— unittacre (RR1) Rural Residential 2 units /acre (RR2) Urban Residential 3 units /acre (UR3) Urban Residential Medium 12 units /acre (URM12). Neighborhood Commercial (NC). and Resort Commercial (RC). f. What is the current comprehensive plan designation of the site? Comprehensive Plan designations include Commercial Forestry Rural Forestry Mineral Resource Lands Public /Recreation, Rural, Suburban Enclave, ResorURecreational Subdivision. and Urban Growth Area. g. If applicable, what is the current shoreline master program designation of the site? Shoreline designations include: Natural. Conservancy, Rural. Urban. and Aquatic. h. Has any part of the site been classified as an "environmentally sensitive "area? If so, specify. The entire Lake Whatcom Watershed is designated as a Water Resource Protection Overlay District Stormwater Special District a Water Resource Special Management Area, and a Special Study Area. I. Approximately how many people would reside or work in the completed project? N.A. Non-pro act Proposal. j. Approximately how many people would the completed project displace? None non-pro act proposal. k. Proposed measures to avoid or reduce displacement impacts, if any: None proposed, non-pro act proposal. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Whatwm County land use and development regulations will be maintains, as well as the Provisions of the W hatcom County Comprehensive Plan. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 6 AGENCY USE ONLY 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. No existing housing units would be eliminated The proposed interim zoning would prohibit the subdivision of approximately 1,000 parcels which might otherwise be subdivided to create approximately 2,000 additional parcels within the watershed. G. Proposed measures to reduce or control housing impacts, if any: None proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N.A. b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measures to reduce or control aesthetic impacts, if any: N.A. None proposed. 11. LIGHT AND GLARE a. What types of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: N.A. None proposed. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Boating, skiing, fishing, swimming, biking. hiking. Lakewood. Firwood. County parks. etc. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreat- ion opportunities to be provided by the project or applicant, if any: N.A. None Proposed. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. Unknown. b. Generally describe any landmarks or evidence of historic, archaeological, TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 7 AGENCY USE ONLY scientific, or cultural importance known to be on or next to the site. Unknown. C. Proposed measures to reduce or control impacts, if any: N.A. None Proposed. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on -site plans, if any. N.A. Non- pro act proposal. C. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes. Portions of the watershed are served by public transit. C. How many parking spaces would the completed project have? How many would the project eliminate? None. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No. non - oroiect proposal. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N.A. I. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. non-pro act Proposal. g. Proposed measures to reduce or control transportation impacts, if any: N.A. Non- Pro act proposal. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. N.A. Non-pro act proposal. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Any of these may be 1� �'�G cd found within the watershed. \�O C `ice 1 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None proposed, non - oroiect proposal C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to 2if cisiorc� Signature: Date Submitted: T O BE COMPLETED BY APPLICANT EVALUATION FOR Page 8 AGENCY USE ONLY Dana Brown - Davis, Clerk of the Council WHATCOM COUNTY ENVIRONMENTAL POLICY ADMINISTRATION PART D ENVIRONMENTAL CHECKLIST TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY D. SUPPLEMENTAL SHEET FOR NON - PROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The Proposal will not result in an increase in any toxic discharges or emissions nor will it require the Production, storage or release of hazardous substances or noise. Proposed measures to avoid or reduce such increases are: l/ Whatcom County land use and development regulations will be maintained The proposal itself is likely to reduce potential discharges to water. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal will not be likely to affect plants animals fish or marine life in the watershed. The proposal in part is intended to reduce the likelihood of such impacts from subdivision /development that might otherwise occur. Proposed measures to protect or conserve plants, animals, fish, or marine life are The provisions of the Whatcom County land use and development standards including the Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 3. How would the proposal be likely to deplete energy or natural resources? The proposal will not result in the depletion of energy or natural TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 9 AGENCY USE ONLY resources. Proposed measures to protect or conserve energy and natural resources are: The proposal maintains Whatcom County development regulations including those that protect or conserve energy and natural resources. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal is not anticipated to have any adverse impacts upon environmentally sensitive areas The intent of the proposal is to reduce the possibility of adverse impacts to the watershed that might result from additional subdivision and /or development. Proposed measures to protect such resources or to avoid or reduce impacts are: The provisions of the Whatcom County land use and development standards including the Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal will not allow or encourage land or shoreline uses incompatible with existing plans The proposal will in effect serve to discourage subdivision and development within the watershed for as long as the moratorium is in olace. Proposed measures to avoid or reduce shoreline and land use impacts are: The Provisions of the Whatcom County land use and development standards including the Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed interim zoning would not increase demands on transportation or public services and utilities Proposed measures to reduce or respond to such demand(s) are: None proposed. Non- oroiect Proposal. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. None identified