HomeMy WebLinkAboutord1990-002WHATCOM COUNTY COUNCIL AGENDA BILL NO.
00OU0
1/2/90 P &D Committ
1/4/90 Council
SUBJECT.•
Ordinance adopting the comprehensive water and sewer plan as an element of the
Whatcom County land use plan for the entire county
ATTACHMENTS:
- Ordinance -Sewer & Water Plan (on file)
- Planning agency report
- Letter from Nooksack Tribe (11/7/89)
Public Hearing Needed? Yes No
1/4/90
SUMMARY STATEMENT•
RECOMMENDED ACTION:
Recommend adoption following the public hearing.
COMMITTEE ACTION (including dates):
1 -2 -90 P &D:. Recommended passage, pending outcome of hearing. .
COUNCIL ACTION (including dates):
1 -4 -90: Adopted.
Related File Numbers. Ordinance or Resolution Number: n9n -2
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FILE REF: 11- 89:CWS INTRODUCED BY: Consent _
PROPOSED BY: PLANNING AND PUBLIC WORKS
DATE: November 16, 1989
ORDINANCE NO. 090 -2
AN ORDINANCE ADOPTING THE COMPREHENSIVE WATER AND SEWER PLAN AS AN ELEMENT
OF THE WHATCOM COUNTY LAND USE PLAN FOR THE ENTIRE COUNTY
Substitute Ordinance
WHEREAS, the Whatcom County Council has requested that the Planning Department
and Public Works Department develop a comprehensive water and sewer plan including
consideration of the provision of services to six unincorporated industrial /commercial
areas; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Westside
Record Journal and Lynden Tribune on Wednesday, October 4, 1989, and in the Bellingham
Herald on Saturday, October 7, 1989; and
WHEREAS, a SEPA determination of non - significance was issued on November 22,
1989; and
WHEREAS, the Planning Commission held a public hearing on this matter on October
17, 1989, and heard all public testimony on the issues and after due deliberation made
a determination that the Plan be approved with the modifications contained within the
Staff Report and Agency Report;
WHEREAS, the Comprehensive Water and Sewer Plan Review Committee reviewed the
Plan and has stated its support of the Plan along with findings and recommendations
for modifications contained within their formal report to the County Council;
WHEREAS, the County Council held a public hearing on January 4, 1990, to consider
the Planning Commission and Review Committee recommendations along with public
testimony.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. The Whatcom County Comprehensive Water and Sewer Plan is adopted as an element
of the Whatcom County Comprehensive Land Use Plan as contained in the December,
1989, draft attached and including the revisions adopted by motion during the
January 4 County Council meeting in response to the hearing process.
2. The Council finds the public health, safety and general welfare are promoted by
the adoption of this Plan.
3. The Council adopts the following findings and conclusions:
FINDINGS
A. The Whatcom County Council finds that there is an immediate and pressing need
to investigate the groundwater and surface water resources of the county and to
engender cooperation among the major purveyors and users in promoting
conservation and efficiency of water use.
B. It is in the public interest for County government to assist the provision of
potable water and sewer services in the industrial /commercial areas as specified
in the priority list.
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FILE REF: 11 -89 'S
Page 2
C. The promotion of the municipal corporation form of purveyor in all areas of the
county will assist citizens in obtaining adequate and safe supplies of water,
and the economic development of the county as planned in adopted land use and
zoning provisions is dependent upon a long range plan for municipal corporation
service provision.
D. For rural low density areas of the county the long term use of septic tank and
drainfield systems and of water from private utilities or wells requires
modifications in current county regulations and policies.
8 11 CONCLUSION
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The proposed comprehensive plan for the county is consistent with the adopted land
use plans and zoning regulations, begins the process of assuring long term adequate
water supplies, and has the potential to be a positive benefit in the economic
development of the county in accordance with adopted plans and zoning.
4. 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.
PASSED this 4th day of January , 1990.
WHATCOM COUNTY COUNCIL
WHATCOM CO&se. GTON
-./ -d'
onald G. rper
ATTEST: APPR OVED ( ) VETOED
.0 7=
Clerk of the Council Shirley Van Za ten, Cdtffity Executive
APPROVED AS JO FORM:
Date / — S -- ��
?-a—at�
Dave ottingha
Civil Deput P osecuting Attorney
Published and 1989.
This Ordinance becomes effective 1990.
November 14, 1989
Agency Report File Ref: 89- 11:CWS
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF ADOPTING THE COMPREHENSIVE WATER )
AND SEWER PLAN AS AN ELEMENT OF THE WHATCOM COUNTY ) FINDINGS, REASONS
COMPREHENSIVE PLAN AND ADOPTION OF THE SIX YEAR ) AND MOTION
WATER AND SEWER CAPITAL IMPROVEMENT PROGRAM FOR )
1990 TO 1996 )
WHEREAS, the Whatcom County Planning Department and the Whatcom County
Public Works Department staff have requested the adoption of a Comprehensive
Water and Sewer PLan and a Six Year Capital Improvement Program; and
WHEREAS, pursuant to RCW 36.70.590 legal notice on the public hearing by
the Planning Commission was published in the in the Bellingham Herald on October
4, 1989; and
WHEREAS, a SEPA review of the Plan will be completed before final action
by the County Council; and
WHEREAS, the Planning Commission held a public hearing on this matter on
October 17, 1989, and heard all public testimony; and
WHEREAS, at the conclusion of the hearing the Planning Commission
deliberated on the testimony and content of the Plan, and resolved all issues,
and formally recommended several changes and adoption of the Plan by the County
Council with those changes; and
WHEREAS, the August, 1989, second draft of the Plan was generally accepted
with: (1) the changes recommended by staff in the Staff Report to the Planning
Commission contained in attachment 1, (2) an understanding that minor non -
substantive corrections would made by the staff in the other portions of the plan
document; and (3) modifications worked out by the Planning Commission at their
work session on November 8, 1989, and listed below in this agency report; and
WHEREAS, the Whatcom County Water and Sewer Comprehensive Plan Review
Committee was created and operated in accordance with the requirements of RCW
36.94 and has issued a report with findings and recommendations to the County
Council (attachment 2);
NOW THEREFORE BE IT RESOLVED:
FINDINGS OF FACT AND REASONS FOR ACTION
1. A quorum of Commission members was present during the hearing and
subsequent discussion.
2. Statutory requirements were met regarding legal notice, the Comprehensive
Water and Sewer Plan Review Committee, and SEPA review.
1
Agency Report
November 14, 1989
File Ref: 89- 11:CWS
3. The Planning Commission accepted the findings and conclusions as developed
by the staff.
4. The Planning Commission unanimously recommended to the County Council
adoption as an element of the Comprehensive Land Use Plan the August 15,
1989, version of the Plan with changes contained in Attachments A and B,
and the following modifications:
a. pg. 42: 4.1.3.2 and all subsequent policies regarding advisory groups
add "knowledgeable private individuals" to this passage and all other
passages mentioning agency and staff advisory groups
b. pq.66/67: 1.1.5, 1.1.6, 1.1.7
add "Sewer service provided by municipal corporations may include
on -site septic systems that are managed and /or maintained through
the municipal corporation, as well as traditional and innovative
central sewage systems."
C. pg. 72: add new policy 2.3
add "2.3 Where sewer lines for commercial /industrial areas pass
through areas zoned for rural or agricultural uses that are not
already developed and connected to the sewer, the County Assessor
should not include the presence of those sewer lines as a factor in
the valuation of the properties."
d. pg. 72, change policy 3.2; pg. 74, change policy 5.2; and change
all similar wording in the plan
replace "for any developments within zoning districts of greater than
one per two acre density" with "for all zone districts specified to
need public services by Title 20"
e. pg. 52, add policy 5.4.5; and pg. 74, add policy 5.3.5
both to read: "It is the policy of Whatcom County to promote the
use of the cluster development option contained in Title 20 through
encouraging group sewage treatment systems and specifically group
drainfields for septic tank systems through regulations and policies
adopted by the appropriate departments."
f. pg. 74, add policy 5.4.6
add "5.3.6 It is the policy of Whatcom County to encourage the use
of alternate waste disposal systems for both human and animal wastes
through Health Department regulations and policies and any other
applicable regulations and policies.
g. pg. 51 and 74, add to policy 5.1
Whatcom County will request and encourage as far as feasible the
review of present city policies on providing water and sewer service
outside their boundaries so that city policies will support the
adopted County zoning and cities will have efficient administrative
processes for informing developers of their eligibility for such
services.
h. substitute packet pg. 117, amendment criteria
replace all "shalls" with "shoulds"
2
Agency Report
November 14, 1989
File Ref: 89- 11:CWS
i. staff correction packet, policy G.4.2
delete the second sentence of new policy 4.2.2: "In addition,
alternating drainfields should be required with readily accessible
valves that can change the drainfield used by the system."
j. substitute packet, Section H Implementation Plan
all of the changes adopted in the Plan shall be reflected in
appropriate changes to the Implementation Plan section
5. The Comprehensive Water and Sewer Plan Review Committee commended the
County for the Comprehensive Water and Sewer Plan and on the process of
development of the Plan and recommended several items for the Council's
consideration including the following modifications to the August 15th
version of the Plan:
a. The Council choose the most cost - effective service alternative for
each of the six industrial /commercial areas.
b. The Council establish priorities and funding mechanisms before or
at the time of adoption for the portion of the Plan dealing with the
provision of potable water and sewer service to the six
industrial /commercial areas.
C. The Plan emphasize conservation and efficiency in future large water
users and to the extent reasonable in existing large water users.
6. The Comprehensive Water and Sewer Plan Review Committee emphasizes the
importance of initiating study and planning of water resources as soon as
possible.
WHATCOM COUNTY PLANNING COMMISSION
David Simpson, Chairman
Daniel W. Tayl Secretary
Commissioners present at hearing and for work session where votes were taken:
SIMPSON, BAIJOT, HEERINGA, ERNST and ALMSKAAR
Attachments:
1. Staff Report with substitute sections and staff corrections
2. Report to the County Council by the Whatcom County Comprehensive Water and
Sewer Plan Review Committee
t