HomeMy WebLinkAboutres1999-066WHATCOM COUNTY COUNCIL AGENDA BILL NO. 99— 46F
CLEARANCES
In' tal
Date
Date Received in Council Office
Agenda Date
Assigned to:
iitator: Matt W. Aautot
AVQ Q
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WHATCO GOC N
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COUNCIL
IL
11 -23 -99
Council Introduction
Division Head: Sylvia Goodwin
i
-j2 -7 -99
Public Works & Capital Projects
Committee
Dept. Head: Michael T. Knapp
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Prosecutor: Dave Cram
2aa
Purchasing /Budget:
Executive: Pete Kreneen
SUBJECT. Resolution approving Point Roberts Water District No. 4 Comprehensive Water System Plan.
ATTACHMENTS:
(1) Proposed Resolution
(2) Staff Report
Note: The Point Roberts Water District No. 4 Comprehensive Water S stem Platt is on file at the Council Office
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x .) NO
Requested Date:
_rIMMARYSTATEMENT.
RCW 57.16.010(6) indicates that the County legislative authority must approve,
conditionally approve or reject a comprehensive water system plan. The request is
to approve the Point Roberts Water District No. 4 Comprehensive Water System
Plan.
Distribution Request
Indicate those who should receive a copy after Council action.
List specific names to the right.
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Paul Chudek
Hearing Examiner
Jail
COUNCIL ACTION TAKEN.
1999 - 458 11/23/99: Introduced
12/7/99: Approved 7 -0, Res. #99 -066
Ri
fated File Numbers:
Juvenile
Parks
Planning
Michael T. Knapp
Prosecutor
Public Works
Bruce Mills
Sheriff
Superior Court
Treasurer
Other
Ordinance or Resolution Number
(this item): eS , -' vl"I —C�A
ITIanningWatt \Water System Plans\Point Roberts WD 4\Agenda Bill.doe
Point Roberts Water System Plan, 11/10/99
Sponsored by: p1 anr,; ng
Proposed by: Planning & Development Services
Introduction date: 11/23/99
RESOLUTION NO. 99 -066
APPROVING POINT ROBERTS WATER DISTRICT NO. 4
COMPREHENSIVE WATER SYSTEM PLAN
WHEREAS, State law (RCW 57.16.010(6)) requires the County Council to approve,
conditionally approve, or reject comprehensive water system plans; and
WHEREAS, Point Roberts Water District No. 4 submitted an amended Comprehensive
Water System Plan for final approval on October 1, 1999; and
WHEREAS, a determination of non - significance was issued pursuant to the State
Environmental Policy Act; and
WHEREAS, Pursuant to RCW 57.16010(6), the Point Roberts Water District No. 4
Comprehensive Water System Plan has been approved by the Whatcom County Division of
Engineering; and
WHEREAS, the Whatcom County Health & Human Services Department defers
approval of Group A water systems to State Department of Health; and
WHEREAS, the State Department of Health has approved the Point Roberts Water
District No. 4 Comprehensive Plan; and
WHEREAS, the County Council reviewed the Point Roberts Water District No. 4
Comprehensive Plan for compliance with the approval criteria set forth in RCW 57.16.010(6))
and RCW 57.02.040 and finds that the plan satisfies these criteria;
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby
approves the Point Roberts Water District No. 4 Comprehensive Water System Plan dated
November 1998, with September 1999 Amendments.
APPROVED this 7 day of December , 1999.
ATTEST WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
\ WASHINGTON
Dana Brown- Davis, Clerk of the Eouncil Marlene Dawson, Council Chair
APPROVED AS TO FORM:
Civil Deputy secutor
Point Roberts Water District No. 4 PDS Staff Report
Comprehensive Water System Plan November 10, 1999
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES
STAFF REPORT
I. BACKGROUND INFORMATION
Subject: Water System Plan Approval
Applicant: Point Roberts Water District No. 4
Summary of Request: County Council approval of Point Roberts Water District No.4
Comprehensive Water System Plan as required by RCW 57.16.010(6).
SEPA: The Deputy SEPA Official for Whatcom County issued a determination of non -
significance on January 29, 1999.
County Division of Engineering Approval: February 19, 1999.
County Health and Human Services Review: In a memo of October 14, 1999, County Health
& Human Services indicated that they defer approval of Group A water systems to the State
Department of Health under a "Joint Plan of Operation."
State Department.of Health Approval: September 17, 1999.
Water Source: Point Roberts Water District No. 4 purchases water from the Greater Vancouver
Water District (GVWD). A maximum of 840,000 U.S. gallons per day may be purchased under
the current contract.
Existing Service Connections (1998 A.D.): 1,765
Future Service Connections (2004 A.D.): 1,928
County Council Timeframe: The Point Roberts Water District No. 4 Water System Plan was
submitted for final approval on October 1, 1999. Pursuant to RCW 57.16.010(6), County
Council approval, conditional approval or rejection of water system plans is to occur within 90
days of submission of the plan or within 30 days of a hearing (if the hearing is held within 90
days of submission of the plan). The Council may extend the time frame up to 90 days is there is
insufficient time to adequately review the plan.
II. ANALYSIS OF THE PROPOSED AMENDMENT
The factors that are to be considered in evaluating a proposed water system plan are set forth in
RCW 57.16.010(6) and RCW 57.02.040(3). These factors are addressed below.
Point Roberts Water District No. 4 PDS Staff Report
Comprehensive Water System Plan November 10, 1999
(A) Whether the proposed action in the area under consideration is in compliance with the
development program that is outlined in the county comprehensive plan, or city or town
comprehensive plan where appropriate, and its supporting documents.
The Whatcom County Comprehensive Plan designates Point Roberts as Resort/Recreational
Subdivisions, Rural, and Public /Recreation. The following zoning districts implement these three
Comprehensive Plan designations in Point Roberts:
Rural Comprehensive Plan Designation
✓ Rural one dwelling/five acre zoning
✓ Rural one dwelling/ten acre zoning
Resort /Recreational Subdivisions Comprehensive Plan designation
✓ Urban Residential three dwellings /acre zoning
✓ Urban Residential four dwellings /acre zoning
✓ Urban Residential Medium Density six dwellings /acre zoning
✓ Resort Commercial zoning
✓ General Commercial zoning
✓ Light Impact Industrial zoning
Public /Recreation Comprehensive Plan designation
✓ Recreation and Open Space zoning
Point Roberts has areas ultimately intended for higher density development and areas intended for
lower density rural development. However, it should be noted that most of the zoning districts that
allow higher density development require public sewer before such development can occur.
Staff has reviewed the Point Roberts Water District No. 4 Comprehensive Water System Plan and
finds that it is generally consistent with the Whatcom County Comprehensive Plan and Zoning.
However, we do have several comments relating to specific projects planned at Point Roberts,
requests for future rezones, and population projections.
Specific Projects Planned at Point Roberts
The Water System Plan identifies four potential large -scale development projects at Point Roberts.
These projects are listed below:
➢ The Resort at Lily Point.
➢ Point Roberts Golf Course /a.k.a. Gulf View Golf Course.
➢ , Additional development at the Point Roberts Marina.
➢ A hotel in the northwestern portion of Point Roberts.
2
Point Roberts Water District No. 4 PDS Staff Report
Comprehensive Water System Plan November 10, 1999
The Point Roberts Water District No. 4 Water System Plan indicates " ... combining the ongoing
low rate of development trends in the District with the four major developments, the peak day water
demand will exceed the GVWD [Greater Vancouver Water District] maximum metered water
delivery rate. These major projects have significant effect, and may require either water reuse,
development of new sources, or revision to the GVWD service contract ..." (p. 28). Therefore, it is
important for the County to monitor this situation and assure that adequate water service will be
provided prior to issuing any more permits for large developments in Point Roberts. However, the
concurrency provisions added to the zoning ordinance in 1998 require that subdivisions, commercial
developments and conditional uses can not be approved unless the water purveyor has issued a letter
that adequate capacity exists or arrangements have been made to provide adequate service (WCC
20.80.212). This concurrency requirement should assure coordination between land use permitting
and the availability of utility service for new developments.
Future Rezones
Several of the proposed new water lines extend through Rural one dwelling/five acres (R5A) and
Rural one dwelling/ten acres (R10A) zones. Staff spoke with Point Roberts Water District No. 4
manager Dan Bourks on 11/4/99. Mr. Bourks indicated that the main reason for installing the new
lines is to improve fire flow. Additionally, the lines would "loop" instead of dead -end for better
water circulation and quality. Finally, the lines would provide service at zoned densities for
properties in the northwestern portion of Point Roberts (some of these lines may be constructed
through developer extension agreements).
The Whatcom County Comprehensive Plan indicates:
... Outside of Urban Growth Areas, cities and other public and private utilities may extend
water only at rural levels of service. If rural levels of service are extended, availability of
pipeline capacity to meet local supply needs shall not be used to justify development counter
to county -wide land development patterns and shall not be considered in conversions of
agriculture land, forestry, or rural lands ... (p. 5 -3).
Additionally, RCW 57.16.140 states that "The construction of or existence of sewer capacity or
water supply in excess of the needs of the density allowed by zoning shall not be grounds for any
legal challenge to any zoning decision by the county." Finally, the Point Roberts Subarea Plan
indicates that the level of service for provision of water should be consistent with planned land uses
(Community Utilities and Services Policy 1.0 1, p. 43). Water districts have historically provided
service to development in rural areas of Whatcom County, including Point Roberts. Therefore, as
long as the extension of these lines is not used as justification for rezoning rural properties to higher
densities, we have no objection to placing additional lines in rural zones in order to increase fire
flow, improve water quality and provide service at planned densities.
Population Projections
The Point Roberts Water District No. 4 Comprehensive Water System Plan states that " ... The
permanent population growth (in Point Roberts) was projected at a no growth rate ..." (p. 11). The
1990 census figure for permanent population is given at 923 and this is projected to stay the same
until 2010 (p. 12). However, seasonal populations are projected to grow (p. 12). The Whatcom
3
Point Roberts Water District No. 4 PDS Staff Report
Comprehensive Water System Plan November 10, 1999
County Comprehensive Plan is projecting overall growth at 2% per year in Whatcom County during
the 20 -year planning period (1995 - 2015). While Point Roberts is influenced by the Canadian
economy, staff is cautious about the Water System Plan's no- growth projection for Point Roberts
over the 20 -year period from 1990 -2010. However, the water district is projecting future water needs
based upon past water usage trends, rather than on population projections. Therefore, while the
upcoming census will provide additional clarity, the population projection issue does not appear to
be critical to the Water System Plan.
(B) Whether the proposed action in the area under consideration is in compliance with the
basin -wide water and/or sewage plan as approved by the State Department of Ecology
and the State Department of Health (formerly Social and Health Services).
The Water Utility Coordinating Committee and Whatcom County are currently in the process of
reviewing the Coordinated Water System Plan (CWSP) update. Although the CWSP update has not
been approved by the County Council or the State Department of Health (DOH) yet, the DOH has
reviewed the Point Roberts Water District No. 4 Comprehensive Water System Plan for compliance
with the draft CWSP. In a letter of September 17, 1999, the DOH concluded " ... This water
system plan is consistent with the Public Water System Coordination Act (70.116 RCW) and the
draft Whatcom County Coordinated Water System Plan ..." Therefore, staff concludes that this
criterion is satisfied.
(C) Whether the proposed action is in compliance with the policies expressed in the county
plan for water and/or sewage facilities.
Whatcom County Comprehensive Plan
Whatcom County Comprehensive Plan policies relating to utilities are found in chapter 5. Specifically,
goals and policies that govern the provision of water include:
Policy 5M -5: The County should work closely with purveyors and the State Department of
Health in the development and review of Comprehensive Water Plans to ensure
consistency with land use and urban growth area needs.
GOAL 5N: Ensure that potable water supplies required to serve development are available
at the time the development is available for occupancy and use.
Policy 5N -1: Building permit applicants, new subdivisions and binding site plans will be
required to provide evidence that adequate supplies of water are available prior
to their approval by the County.
Policy 5N -2: Work with provider agencies to assist them in modifying their system as required
to support the land use element of the comprehensive plan.
Ll
Point Roberts Water District No. 4 PDS Staff Report
Comprehensive Water System Plan November 10, 1999
County -Wide Planning Policies
County -Wide Planning Policy K -1 states:
As part of the comprehensive planning process, the county and the cities shall identify
appropriate land for public facilities which meets the needs of the community, such as
schools, recreation, transportation and utility corridors ...
Interlocal Agreements
Staff is not aware of any inter -local agreements involving Whatcom County that relate to water
supply at Point Roberts (although Point Roberts Water District No. 4 has an agreement with the
Greater Vancouver Water District, which supplies water to Point Roberts).
It appears that the proposed Water System Plan is generally consistent with the County's land use
planning efforts. It does not appear that the Water System Plan is intended to facilitate urban
development of rural zones. Rather, it increases fire flow and allows development at planned
densities.
(D) The comprehensive water system plan shall not provide for the extension or location of
facilities that are inconsistent with the requirements of RCW 36.70A.110.
RCW 36.70A.110 contains the urban growth area provisions of the Growth Management Act. RCW
36.70A.110(4) indicates:
... In general, it is not appropriate that urban governmental services be extended to or
expanded in rural areas except in those limited circumstances shown to be necessary to
protect basic public health and safety and the environment and when such services are
financially supportable at rural densities and do not permit urban development.
Point Roberts is not designated as an urban growth area. However, RCW 36.70A.030(16) indicates
that "rural services" include domestic water systems. and fire protection. The only services that are
specifically excluded from the definition of "rural services" are storm and sanitary sewers. It has
been the practice of Point Roberts Water District No. 4, along with other water districts in the
County, to provide public water to rural areas of the County for many years. Therefore, it does not
appear that the proposed Water System Plan violates RCW 36.70A.110.
III. ' RECOMMENDATION
Based upon the above analysis, staff recommends that the County Council approve the proposed
Point Roberts Water District No. 4 Comprehensive Plan.
IV. ATTACHMENTS
1. Whatcom County Division of Engineering Letter
2. Whatcom County Health and Human Services Letter
3. Washington State Department of Health Letter
5
WHATCOM COUNTY ATTACHMENT # 1
PUBLIC WORKS DEPARTMENT
JEFFREY M. MONSEN, P.E.
Director _ `Lq o� DIVISION OF ENGINEERING
5280 Northwest Drive, suite C
is Bellingham, WA 98226
ii (360) 676 - 6730/380 -8110
FAX (360) 676 -6558
pr - -tt4ml GO, i'ian -MR ' Edwin R. Henken, P.E. - Assistant Director — Engineering
February 19, 1999
Hammond, Collier & Wade - Livingstone
Consulting Engineers
Attn: Robert E. Bergstrom, P.E.
4010 Stone Way North, Suite 300
Seattle, WA 98103 -8090
Subject: Point Roberts Water District No. 4 Comprehensive Water system Plan
Dear Mr. Bergstrom:
In accordance with RCW 57.16.010(6, we have reviewed your Comprehensive Water System
Plan of November, 1998 and are pleased to approve said plan. This approval is made with the
understanding that the overall concepts are satisfactory, and any work within the right -of -way
will be performed in accordance with the District's Whatcom County franchise. Certain details,
however, do need correcting or clarifying. Some of these that are readily apparent are:
The waterline Capital Improvement Plan is variously described as being 8" or 10" in the
Executive summary, Chapter 5, Figure 13, Exhibit B, Chapter 6, and Table 3 for projects A
through F. Project J is also alternately shown as being McLaren or Larson Roads. It should be
uniformly described as McLaren.
Chapter 1, page 1, last paragraph, references to 644 gpm per connection to increase to 690 gpm
per connection appears to be erroneous.
Chapter 4, page 28, ignores possible irrigation usage with requests having already been received
for up to 400,000 gal. per day on peak days. Such a request is of course unrealistic; but we
believe that it would be well for the District to have a consultant recommended policy for
dealing with such requests.
Chapter 5, pages 47 ff. doesn't discuss basis or reasoning for the capital and on -going expenses of
converting from gas to liquid chlorine disinfectant.
Hammond, Collier & Wade - Livingstone
February 19, 1999
Page 2
Chapter 6 fails to reflect the distinct possibility of the District's passing on significant cost
increases, such as the 8- percent increase received by the District this past January.
It is our understanding that the above items will be addressed by the State Dept. of Health in
their review.
Very truly yo
Edwin R. Henk n, E.
Assistant Director
cc: Dan Bourks, Water Dist. 4 Manager
Matt Aamot, Sr. Planner - Planning & Development Services
John Thielemann, Regional Engineer - Washington State Dept. of Health
WHATCOM COUNTY
HEALTH & HUMAN SERVICES
P.O. Box 935
Bellingham, WA 98227-0935
ADMINISTRATION
(360) 676 -6720
384 -1528
COMMUNICABLE DISEASE
REPORTING LINE
(360) 738 -2503
CHILDREN WITH SPECIAL
HEALTH CARE NEEDS
(360)738 -2522
384 -0574
COMMUNICABLE DISEASE
IMMUNIZATIONS
(360) 738 -2508
384 -1336
DEVELOPMENTAL
DISABILITIES
(360) 676 -6829
398 -1310
'VIRONMENTAL HEALTH
(360) 676 -6724
384 -1565
MATERNALIINFANT
(360) 647 -2329
380 -4017
MENTAL HEALTH
(360) 676 -6829
398 -1310
STD /AIDS/HIV
(360) 676 -4593
384 -5848
SUBSTANCE ABUSE
(360) 676 -6829
398 -1310
TRAVEL CLINIC
(360) 676 -4593
384 -5848
VITAL RECORDS
(360) 676 -6720
384 -1528
WIC CLINIC
(360) 738 -2505
384 -1633
ATTACHMENT # 2
TO: Matt Aamot
From: Paul Chudek
U1"'�INIING
CHARLES R. BENJAMIN
Director
GREG STERN, M.D.
Health Officer
Date: October 14, 1999
RE: Point Roberts Water District No. 4 Comprehensive Water Plan
Whatcom County Health and Human Services (HHS) staff have
reviewed the Point Roberts Water District No. 4 Comprehensive Water
System Plan. This water system is a Group A Public Water System
and is under the jurisdiction of Washington State Department of Health
(DOH). The Joint Plan of Operation signed between DOH and HHS
defers approval of water system plans for Group A systems to DOH.
From our review it appears the quality of the drinking water currently
meets minimum standards. It appears that should extensive
development occur in the future that quantity issues could become a
problem. Water availability for building projects will continue to be
evaluated on a case by case basis in concert with DOH to assure
compliance with this plan.
COMMUNITY HEALTH CENTER WHATCOM HEALTH CENTER HUMAN SERVICES CENTER
509 Girard Street 1500 North Stale Street 1000 North Forest Street
FAX (360)676 -7646 FAX (360) 676 -6729 FAX (360) 738 -2490
ATTACHMENT # 3
Y
O
'� 1889 a
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
1511 Third Ave., Suite 719 • Seattle, Washington 98101 -1632
September 17, 1999
DAN BOURKS MANAGER
POINT ROBERTS WATER DISTRICT NO 4
79 TYEE DRIVE SUITE A
POINT ROBERTS WA 98281
Subject: Point Roberts Water District No. 4, ID # 95750T
Whatcom County
1999 Water System Plan
Submittal #96 -0925
Dear Mr. Bourks:
With provisions listed below, the revised 1999 Point Roberts Water System Plan, which was submitted
by your engineer, Robert Bergstrom, and received in this office on January 12, 1999, together with
supplemental information and revisions received on September 28, 1998, February 3, 1999, and April
26, 1999, has been reviewed and in accordance with the provisions of WAC 246 - 290 -100, is hereby
APPROVED.
Provisions of Approval
1. A bilateral compliance agreement (BCA) pertaining to compliance with the Surface Water
Treatment Rule and the Lead & Copper Rule must be finalized and executed between Point Roberts
Water District No. 4 and WSDOH (revised BCA is enclosed).
2. The operations and maintenance manual must be updated and submitted to WSDOH for review and
approval before the proposed improvements for disinfectant contact time (CT improvements) are
put into operation.
Miscellaneous
Approval of this plan is valid as it relates to current standards outlined in WAC 246 -290, revised April
1999. Puture revisions in the rules may be more stringent and require facility modifications or corrective
action. Approval of the next update of this water system plan is required on or before December
31, 2005.
This plan demonstrates how the Point Roberts Water System will maintain financial viability.
This water system plan is consistent with the Public Water System Coordination Act (70.116 RCW) and
the draft Whatcom County Coordinated Water System Plan (CWSP).
A Water Quality Monitoring element, including a Coliform Monitoring Program in accordance with
WAC 246 - 290 -300, has also been approved as part of the Point Roberts Water System Plan.
01t
Point Roberts Water District No. 4
September 17, 1999
Page 2
Standard Construction Specifications for distribution main extensions have been approved as part of this
water system plan. With this approval, the Point Roberts Water System is authorized to proceed with the
installation of distribution main extensions provided that the enclosed Construction Report Form and
Pressure, Leakage, and Bacteriological Test Report forms are completed and maintained on file for each
project in accordance with WAC 246 - 290 - 040(1), WAC 246 -290 - 110(2), WAC 246 - 290 - 120(2), and
WAC 246 -29- 125(2).
Regulations establishing a schedule of fees for review of planning, engineering and construction
documents have been adopted (WAC 246 - 290 -990). An invoice in the amount of $2730.00 was
previously transmitted with our January 6, 1997, review comments and no additional fees have been
assessed to this submittal.
Thank you for your cooperation. If you have any questions or wish to check our records, please contact
Richard Rodriguez at 206 - 587 -5619 or John Thielemann at 206 - 464 -7071.
Sincerely,
Regional Planner Regional Engineer
Northwest Drinking Water Operations Northwest Drinking Water Operations
cc: Sarah Brozusky, Whatcom County'Health Department
Bob Bergstrom, Hamon, Collier & Wade — Livingston Associates, Inc.
David Monthie, WSDOH - Drinking Water Headquarters, Olympia
Ethan Moseng, WSDOH - Drinking Water Operations, Olympia
Joye Emmens, WSDOH - Northwest Drinking Water Operations
Nancy Feagin, WSDOH - Northwest Drinking Water Operations
Ingrid Salmon, WSDOH - Northwest Drinking Water Operations
Shasta Quinn, WSDOH - Northwest Drinking Water Operations