HomeMy WebLinkAboutord1999-071WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 1999 - 435
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: Planning & Develop
11/211999
S E � V
NOV 0 2 1999
WNATCOM COUNTY
COUNCIL
' 11/9/1999
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT-
Ordinance amending Comp Plan re: Drayton Harbor . area of the Blaine UGA
ATTACHMENTS
SUMMARY STATEMENT:
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date:
Ordinance amending the Whatcom County Comprehensive Plan, authorizing provisional short term planning area status and
conditions for permanent short term planning area status for the Drayton Harbor area of the Blaine UGA
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999 - 435 11/9/99: Introduced
11/23/99: Amended and adopted 6 -1, Hoag opposed, Ord.
#99 -071
Related File Numbers:
Ordinance or Resolution Number (this item only):
o
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 11/9/99
ORDINANCE NO. 99 -071
ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN AND
AUTHORIZING PROVISIONAL SHORT TERM PLANNING AREA STATUS AND
CONDITIONS FOR PERMANENT SHORT TERM PLANNING AREA STATUS FOR
THE DRAYTON HARBOR AREA OF THE BLAINE URBAN GROWTH AREA.
WHEREAS, Resolution No. 98 -067 Initiating Emergency Zoning or
Comprehensive Plan Amendments for the Drayton Harbor Area was adopted by
Whatcom County Council on October 13; and
WHEREAS, The proposed amendments include amendments to the
Comprehensive Plan Policies and a provisional zoning map amendment; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued
determinations of non - significance on November 4, 1998; and
WHEREAS, Pursuant to RCW 36.70.390 and RCW 36.70.590, legal notice was
published in the Bellingham Herald on January 4, 1998 and June 10, 1999; and
WHEREAS, The Planning Commission held a public hearings on the proposed
amendments on January 14, 1999 and June 24, 1999, and considered all testimony;
WHEREAS, The Planning Commission held a work session on January 14,
January 28, and March 25, and June 24, 1999; and
WHEREAS, The Planning Commission has evaluated the merits of the
amendments in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20.10.100 and WCC
20.90.070 and recommended approval of the amendments with minor modifications, as
shown on attached Exhibits 1 and 2;
WHEREAS, The County Council has reviewed and adopted the following
Findings and Conclusions recommended--by the Planning Commission:
FINDINGS
1. Public notice was published in the Bellingham Herald on Monday, January
4,1999. Notice was mailed to the owners of the subject property, as shown on
the records of the County Assessor, and to owners of properties within 300' of
the subject property on June 10, 1999, published in the Bellingham Herald on
June 10, 1999 and posted on June 10, 1999 for an additional public hearing to
review options developed subsequent to the public hearing conducted on
January 14, 1999 and an additional public hearing was held on June 24, 1999;
2. This proposal was given a determination of non - significance by the Whatcom
County SEPA official on November 4,1998.
3. A public hearing was held before the Whatcom County Planning Commission on
January 14, 1999 at which time public testimony was received. Following public
testimony and deliberation, the Planning Commission directed staff to develop
options which would allow public sewer extension for the purpose of alleviating
water quality problems that are the result of failing on -site septic systems within
the Drayton Harbor Area.
4. The Birch Bay Water. and Sewer District is currently precluded from accepting
and proceeding with a formal LID request and project due to County
Comprehensive Plan and Zoning restrictions placed on sewer extensions outside
of Short Term Planning Areas.
5. Options were developed and reviewed with Planning Commission on January 28,
and March 25, 1999.
6. Staff consultation with Birch Bay Water and Sewer District (the service provider
for the area) revealed that urban development densities are required to approach
affordable installation costs.
7. Adoption of the proposed Comprehensive Plan policies (Exhibit 1) would provide.
greater flexibility within UGAs, for areas which meet the criteria included in those
policies; to address existing environmental problems.
8. Affordability of sewer extension and water system upgrades required to allow
urban development within this area is yet to be determined. A petition to
establish an LID must be formally initiated and upon successful completion of the
LID process, approval must be granted by Birch Bay Water and Sewer District.
Formal engineering studies need to be authorized to establish more accurate
project specific costs.
CONCLUSION:
1. Adoption of the proposed Comprehensive Plan Policies is required to allow for any
change in UGA status of the Drayton Harbor Area to occur.
2. The Drayton Harbor Area meets the requirements for a Short Term Planning Area
under the proposed Comprehensive Plan Policy amendment (Exhibit 1).
3. Establishment of a Short Term Planning Area designation for the Drayton Harbor
Area is unnecessary if public sewer extension and water system upgrade costs are
in excess of the affordability range of the landowners in the Drayton Harbor Area.
4. Provisional County approval to change the area's UGA designation is required in
order to allow Birch Bay Water and Sewer District to entertain an LID petition. .
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Comprehensive Plan (new policy.2R -3) is hereby amended as shown in
the attached Exhibit 1.
Section 2. The Drayton Harbor portion of the City of Blaine's Urban Growth Area as
depicted in Exhibit 2, is granted provisional Short Term Planning Area status and is
further authorized for change to permanent Short Term Planning Area status subject to
the following conditions:
.1. Provisional STPA status will be provided for a period of two years from the date of
formal adoption of this ordinance with the provision for a one -time extension of up to
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an additional two years if evidence can be provided by affected landowners and
corroborated by Birch Bay Water and Sewer District that substantial progress has
been made toward the final adoption of an LID or other financing program to fund the
installation of sewers.
2. The final STPA boundary will be established by the service area boundary of the LID
or area where sewer service is provided. The property along Lincoln Road east of
Harborview Road may be included only with the stipulation that a latecomer provision
is established for land owners who do not want to pay for or connect to sewer at this
time.
3. Upon successful implementation of an LID or other sewer financing program, the
Provisional STPA status will become permanent.
4. Failure to a finance sewer system within the time frame and conditions included in #1
above will result in a reversion of the STPA status back to UGA status.
Section 3. The Whatcom County Code Section 20.80.634 is amended as follows to
designate the Drayton Harbor Watershed as a Stormwater Special District:
20.80.634 Stormwater Special districts.
(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 section 20.80.635 and in the Whatcom County
Development Standards, Chapter 2_, under the title, "Speeial DiGtFiGts." (Ord. 94-
022, 1994).
(2) Whatcom County'shall establish the following geographical areas as
Stormwater special districts:
(a) Drayton Harbor Watershed.
Section 4. The Whatcom County Code Section 20.80.635 is amended as follows to
establish additional requirements for Stormwater Special Districts:
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 ordinance. 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
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solving problems in a mariner 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 groundwater 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:
1. Recreation;
2. Public safety;
3. Economical maintenance;
4. Aesthetic integration into the landscape and project design;
5. Wildlife habitat;
6. Education;
7. 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:
1. The one year storm event when stormwater is discharged to a stream
onto a drainage basin within 1,000 feet of a stream or when the project is located
in a Stormwater Special District.
2. The two -year storm event;
3. The 10 -year storm event;
4. The 25 -year storm event;
4. 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 7year 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.
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(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. (Ord. 96 -056 Aft. A S 10, 1996; Ord. 94 -022, 1994).
(6) Stormwater Special Districts: In areas designated as Stormwater Special
Districts, permanent on site stormwater Quality and quantity facilities shall be
required on all new construction or remodels exceeding 50% of the assessed
valuation of the structure, unless common detention and water quality facilities
meeting current standards have been approved as part of a comprehensive
stormwater management plan for that subdivision, or major site plan approval.
Section 5. Adjudication of invalidity of any of the sections, clauses, or provisions of the
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 23 day of November, 1999
i,
APPROVED as to form:
ivil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
'7z"'"r-o gav'�2-e� —
arlene D on, Chairperson
( Approved ( ) Denied
ete Kremen, Executive
Date:
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EXHIBIT 1
New policy supporting proposed Drayton Harbor STPA
Policy 2R -3: Land which exhibits severe environmental constraints for on -site septic
systems may be included within a Short Term Planning Area, to allow for
the provision of sewer to reduce or eliminate on -site sewage system
related environmental impacts, if all of the following conditions exist;
The land area is contiguous to existing city limits.
The underlying zoning is urban and the land is located in
an Urban Growth Area.
The land has been designated as an area of special
concern pursuant to WCC 24.05.230 due to extenuating
environmental constraints and /or failing on -site septic
systems have been identified as a significant source of
non -point pollution as part of the development of a Closure
Response Strategy Report for a Shellfish. Protection
District.
Continued reliance on on -site sewage systems for existing
development density and future low density development,
within the subject area, would not provide adequate
protection of adjacent critical areas from significant
environmental impacts from on -site sewage systems.
Where a Local Improvement District for necessary urban
levels of service has been established.
Where interlocal agreements have been established
between the County and the water and /or service provider.
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