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development within the Lake Whatcom Watershed will degrade the quality of water that is withdrawn from the lake for drinking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
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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Whatcom Watershed will degrade the quality of water that is withdrawn from the lake for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
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7 NOW, THEREFORE, BE IT
8 Whatcom County Code, Title 20, is
9 ordinance.
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18 ADOPTED this 18 day of June
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26 Dana Brown- Davis, Clerc o the Council
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29 APPROVED AS TO FORM:
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34 Civil Depu y Prosecutor
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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:
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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
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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.
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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
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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
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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.
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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,
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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
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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:
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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
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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