HomeMy WebLinkAboutord2000-066WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -390
CLEARANCES
ag/nmor: Amy de Vera Pederson
InUhat
Dane
p
Date Receiwdin Council ice
IE'^
FRO,
N OU U 7 [UUO
WHATCOM COUN
COUNCIL
Aends Date
—CO
Ass, nedm:
T� hoA
Division Neal: Sytvb Caodwin
t,
p /Lf
11/28
P & D / Council li
lanerbn Drp[ Mme: ,. �. Rran
�tl
Prosecutor: Raven Fmkes
JbIF
Pnrchming/Budgm::
Enm due:
SUBJECT.
An Ordinance to amend the Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.80, to include accumulative impervious
surface thresholds for on-sae stormwater quality and quantity faciliner and to provide additional clarifying language for administrative
Purposes,
ATTACHMENTS
Ordinance adopting proposed map amendment
Planning Commission Recorded Motion
Planning staff report
SEPA review required? ( X ) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
Requested Date:
SUMMARY STATEMENT:
to request is to amend the official Whatcom County Zoning Ordinance, Title 20,
Chapter 10.80, as recommended by the Technical Advisory Committee (TAC). The
Proposed amendments include accumulative impervious surface thresholds for
stormwater special district on -site stormwater quality and quantity facility
requirements and additional clarifying language.
Distribution Request
/ndiwu those who mouldre rive a copy after Council action.
List specific names b the right.
AWFacohnes Managemem
ADg Fes.
ADSH"an Resources
ADS Info Se"hars
Assessor
Auditor
Coopenume louensum
Diift*i Court
&Fecudve
Health
Meaning F"Mmer
dau
COUNCIL ACTIONTAREN:
2000 -390 11/1412000: Introduced
14/12/2000: Adopted 7-0, Ord. #2000 -066
Relt
Related File Numbers: ZON2000 -00014
juvenile
Parks
Hamdng
Slvia Goodwin
Prosecutor
Karen Frakes
Public Works
Sheriff
Superior Conn
r m
(Vierare
Ordinance or Resolutio umbery` \I I
(this it CFD � /�( 1 ) 1% (db rD
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 11/14/2000
ORDINANCE NO. 2000 -066
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20,
CHAPTER 20.80, TO INCLUDE ACCUMULATIVE IMPERVIOUS SURFACE THRESHOLDS
FOR STORMWATER SPECIAL DISTRICT ON -SITE STORMWATER QUALITY AND
QUANTITY FACILITY REQUIREMENTS, AND TO PROVIDE ADDITIONAL CLARIFYING
LANGUAGE FOR ADMINISTRATIVE PURPOSES.
WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for
consideration once per year; and
WHEREAS, the SEPA Administrator for Whatcom County issued a Determination of Non -
significance on October 11, 2000; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on October 12, 2000; and
WHEREAS, the Planning Commission held a public hearing on the proposed amendments
on October 26, 2000, and considered all testimony; and
WHEREAS, the Council held a work session on Dec. 12 , 2000 to consider this
matter; and
WHEREAS, the Council found the amendments in the best interest of the public health,
safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
Erosion and sedimentation are of concern for a number of reasons including their impacts
on beneficial uses such as fisheries and drinking water.
2. Existing and potential sources of contamination associated with development within the
watershed could significantly impact the availability of safe, adequate supplies of drinking
water.
3. Additional standards for land clearing and stormwater treatment/detention in the Lake
Whatoom watershed are necessary to reduce water quality impacts from new development.
11PDS- 1w0L1\USERSWDSASHAR Dl2 Planning 91VISIOn1REZONEZOning 2000ZON2000-00014 ORDAM
Page 1
4. The Technical Advisory Committee conducted additional review of the Water Resource
Protection Overlay District and its associated Clearing and Stormwater Special District
regulations and developed specific thresholds for the requirement of on -site stormwater
quality and quantity facilities.
5. The proposed accumulative impervious surface thresholds, attached as Exhibit 1, are
likely to protect water quality by regulating potential sources of stormwater
contamination associated with development in the watershed.
CONCLUSIONS
1. Based on the thresholds established in Exhibit 1, further review and analysis by the
Technical Advisory Committee (TAC) should be conducted to develop specific alternatives
for on -site stormwater quality and quantity facilities.
NOW, THEREFORE, BE IT ORDAINED by the Whatoom County Council that:
Section 1. The Official Whatcom County Zoning text is hereby amended as shown in Exhibit 1.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Ordinance shall not affect or impair the validity of the Ordinance as a whole or any
part thereof other than the part so declared to be invalid.
ADOPTED this 12 day Of December , 2000.
'r.71-rics10 NO
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
APP VIED as to form proved () Denied
Civil Deputy Prosecutor ate amen, Executive
Date: Id �/S—OO
V13SAWOMUSERSTD&SHAREDU Planning Divlaionl EZONr%Zoning 200012ON2000-00014 ORD.dw
Page 2
WHATCOM COUNTY
PLANNING COMMISSION
FINDINGS OF FACT, REASONS FOR ACTION &
RECOMMENDATIONS
RE: THE MATTER OF AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 201 CHAPTER 20.80, TO INCLUDE ACCUMULATIVE
IMPERVIOUS SURFACE THRESHOLDS FOR STORMWATER SPECIAL DISTRICT
ON -SITE STORMWATER QUALITY AND QUANTITY FACILITY REQUIREMENTS,
AND TO PROVIDE ADDITIONAL CLARIFYING LANGUAGE FOR ADMINISTRATIVE
PURPOSES.
WHEREAS, Pursuant to WCC 20.90, proposed zoning amendments shall be
docketed for consideration once per year; and
WHEREAS, The SEPA Administrator for Whatcom County issued a
Determination of Non - significance on October 11, 2000; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the
Bellingham Herald on October 12, 2000; and
WHEREAS, The Planning Commission held a public hearing on the proposed
amendments on October 26, 2000, and considered all testimony.
NOW THEREFORE BE IT RESOLVED:
THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF
FACT, REASONS FOR ACTION AND RECOMMENDATION:
FINDINGS OF FACT AND REASONS FOR ACTION
1. Erosion and sedimentation are of concern for a number of reasons including their
impacts on beneficial uses such as fisheries and drinking water.
2. Existing and potential sources of contamination associated with development
within the watershed could significantly impact the availability of safe, adequate
supplies of drinking water.
3. Additional standards for land clearing and stormwater treatment1detention in the
Lake Whatcom watershed are necessary to reduce water quality impacts from
new development.
4. The Technical Advisory Committee conducted additional review of the Water
Resource Protection Overlay District and its associated Clearing and Stormwater
Special District regulations and developed specific thresholds for the requirement
of on -site stormwater quality and quantity facilities.
Page 1 of 2
\ \PDS- 1 \V01_1 \USERS \PDS \SHARED\2 Planning Division\REZONE\Zoning 20002ON2000-
00014 AR.doc
5. The proposed accumulative impervious surface thresholds, attached as Exhibit 1,
are likely to protect water quality by regulating potential sources of stor mwater
contamination associated with development in the watershed.
CONCLUSIONS
Based on the thresholds established in Exhibit 1, further review and analysis by
the Technical Advisory Committee (TAC) should be conducted to develop
specific alternatives for on -site stormwater quality and quantity facilities.
RECOMMENDATION
The Whatcom County Planning commission recommends the adoption of the proposed
zoning text amendments.
COUNTY PLANNING COMMISSION
Chairperson J.E. Ryan, Interim Secretary
I Date
ictober 26 2000 at a Planning Commission regularly scheduled meet
3rs voting: ROB NEY, GREG RUSTAND, RON ROOSMA, DANNA B
NSMA, CHERYL FERRIER, ROBERT WIESEN, and DAVE PROS.
Ayes: 7 Nays: 0 Abstain: 1 (Dave Pros), Motion carried to adopt the above Findings,
Reasons for Action and Recommendations.
Attachment:
Exhibit #1 - Proposed zoning text amendments.
Page 2 of 2
\ \PDS- 1 \VOLt \USERS \PDS \SHARED\2 Planning Division \REZONE\Zoning 2000\ZON2000-
00014 AR.doc
EXHIBIT 1:
PROPOSED AMENDMENTS TO WCC TITLE 20, CHAPTER 20.80
(As approved by County Council on December 12, 2000.)
20.80.632 Small development erosion and sedimentation controls.
(1) The following new development activity shall not be required to meet the permanent
stormwater quality and quantity controls that apply to large development activity outlined in WCC
20.80.633 below, but shall be required to employ BMPs, to control erosion and sediment during
construction, to permanently stabilize soil exposed during construction, to ensure- protection to
adjacent properties and water bodies from stormwater effects caused by the small parcel
development, and shall be subject to any other requirements specified for special districts
identified in WCC 20.80.634(2):
(a) Individual detached single - family residences and duplexes.
(b) Creation or addition of less than 5,000 square feet of impervious surface area.
(2) Small Parcel Requirements.
(a) All exposed and unworked soils shall be stabilized by suitable application of best management
practices, including but not limited to sod or other vegetation, plastic covering, mulching or
application of gravel base on areas to be paved. Soils shall be stabilized immediately during the
fall, winter and spring months.
(b) Adjacent properties and surface waters shall be protected from sediment deposition by
suitable application of best management practices; including, but not limited to, appropriate use of
vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of
these measures, or other approved methods.
(c) All stormwater quality and quantity controls shall be inspected and maintained on a regular
basis. (Ord. 99 -086, 1999; Ord. 94-022,1994).
20.80.633 Large development stormwater controls.
ArLengineered Stormwa�t r Design Repg� must be submitted to
the county engineer for any use covering more than 5,000 square feet with impervious surfacing.
The county engineer may require such modifications and improvements as deemed necessary to
enw,he protection of county drainage facilities, neighboring property and water quality from
stonmwater effects d by th ev loom nt. No building permit shall be issued until a
drainage control plan is approved by the county engineer. (Ord. 99 -086, 1999; Ord. 94 -022,
1994).
20.80.634 Stormwater special districts.
(1) Where the Comprehensive Plan policies identify a specific area that requires higher standards
for stormwater drainage facilities, a " Stormwater special district" shall be created by council
action. Requirements for these areas shall be contained in W WC 20.80.635(6) 636 and in the
Whatcom County Development Standards, Chapter 2.
(2) Whatcom County shall establish the following geographical areas as stormwater special
districts:
(a) Drayton Harbor watershed.
(b) Lake Whatcom watershed. (Ord. 99 -086, 1999; Ord. 99 -071, 1999; Ord. 98 -083 Exh. A § 66,
1998; Ord. 94-022,1994).
20.80.635 Conformance required.
All development shall conform to the following requirements.
(1) General.
(a) Stormwater discharges must be controlled and treated to provide all known available and
reasonable methods of prevention, control, and treatment, as required by law.
(b) In all areas where connection to public sewer and water are required by WCC Title 20, where
appropriate as determined consistent with best management practices, on -site stormwater
collection and detention shall also be required for development in accordance with the Whatcom
County Development Standards, unless the engineered drainage analysis proves otherwise.
(c) Best management practices (BMPs) shall be used to comply with the regulations in this
chapter. In those instances where appropriate BMPs are not referenced in the Whatcom County
Development Standards, experimental BMPs should be considered. Experimental BMPs shall be
encouraged as a means of solving problems in a manner not addressed by the standards in an
effort to improve stormwater quality technology. Experimental BMPs must be approved by the
county technical administrator prior to implementation.
(d) Development shall minimize impervious surface areas with minimal compromise of project
function and viability. Protection of ground water and aquifer recharge are important objectives
which shall be incorporated in surface water management facilities consistent with established
BMPs.
(e) Stormwater systems shall not be constructed in such a manner that they materially degrade
natural systems such as streams and their banks, wetlands, ponds or lakes.
(f) Natural drainage patterns shall be maintained and discharges from the site shall occur at the
natural location, unless it can be shown that relocation will have no significant adverse impact to
either built or natural systems as a result of the relocation.
(g) The design of stormwater systems shall be an integral part of the overall development design
and, in addition to the primary storage and conveyance function, should incorporate multiple use
provisions to enhance the project; such as the following:
(i) Recreation;
(ii) Public safety;
(iii) Economical maintenance;
(iv) Aesthetic integration into the landscape and project design;
(v) Wildlife habitat;
(vi) Education;
(vii) Open space.
(2) Runoff Control:
(a) Proposed development projects, except as noted below, shall provide runoff controls to limit
the developed conditions peak rates of runoff to the predevelopment peak rates for the following
storm events in compliance with best management practices:
(i) The one -year storm event when stormwater is discharged to a stream or to a drainage basin
within 1,000 square feet of a stream or when the project is located in a stormwater special district.
(ii) The two -year storm event;
(iii) The 10 -year storm event;
(iv) The 25 -year storm event;
(v) The 100 -year storm event.
(b) Exceptions. Direct discharge to regional facility, salt water body, rivers or lakes when
demonstrated there is no significant adverse impact to the conveyance system and the receiving
waters.
(3) Conveyance. Stormwater conveyance systems shall be required to convey storm flow and
shall be sized to accommodate:
(a) Flow from 100 -year storm events when public health and safety is put at risk by such events;
(b) Flow from 25 -year storm events when property damage is probable from such events;
(c) Flow from events of periodicity of less than 25 years when the integrity of natural systems,
such as the dominant stream discharge, is put at risk by such events.
(4) Water Quality. Runoff from any project shall provide a water quality assurance plan and
system to achieve minimal degradation to the surface and ground water quality leaving the site,
utilizing BMPs.
(5) Maintenance. All stormwater facilities shall be maintained in accordance with the stormwater
system maintenance requirements of the Whatcom County Development Standards.
Maintenance plans, responsibilities, and the method of financing said maintenance shall be
established by the applicant or property owner prior to final approval of any development directly
associated with the development proposal.
(1)(&) In areas designated as stormwater special districts (oer section 20 80 6 41 permanent on-
site stormwater quality and quantity facilities shall be required on all new construction or remodels
creating total accumulative impervious surfaces more than 420 5X square feet on lot sizes less
than five acres, unless it can be demonstrated that off -site facilities would provide better
treatment, or unless common detention and water quality facilities meeting current standards
have been approved as part of a comprehensive stormwater management plan for that
subdivision binding site plan short subdivision or major site plan approval. (Ord. 99 -086, 1999;
Ord. 99 -071, 1999; Ord. 96 -056 Att. A § S10, 1996; Ord. 94 -022, 1994).
(2) Thresholds
IgIal AcQumulative N Tmatment
(2)(3) Infiltnalig
kwL
•R��LLL�I.1
0. StmEnwater Design • • mouired by Pm-fea5iQnal