HomeMy WebLinkAboutord1982-0581 DATE July 15, 1982 INTRODUCED BY Van Zanten
2 PROPOSED BY Planning.Dept.
3 ORDINANCE NO. 82 -58
4 AN ORDINANCE ADOPTING THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE: TEXT AND MAP,
5 TITLE 20 OF THE WHATCOM COUNTY CODE, FOR
'THE LAKE WHATCOM SUBAREA OF THE WHATCOM
6 COUNTY COMPREHENSIVE PLAN
7 WHEREAS, RCW Chapter 36.70 empowers a county to enact a
8 zoning ordinance and provide for its administration, enforcement,
9 and amendment; and,
10 WHEREAS, the Whatcom County Council, in updating the County
11 Comprehensive Plan, has adopted a plan for the Lake Whatcom Subarea;
12 and,
13 WHEREAS, the policies of the Plan recommend adoption of parti-
14 cular zoning districts in order to implement the land use designa-
15 tions contained within the Plan; and,
16 WHEREAS, the Whatcom County Planning Commission has reviewed
17 this matter and prepared Findings, Reasons and a Motion, attached
18 hereto as Exhibit B, recommending the adoption of amendments to
19 the Official Whatcom County Zoning Ordinance for the Lake Whatcom
20 Subarea, designated as Title 20 of the Whatcom County Code, attachec
21 hereto as Exhibit C; and,
22 WHEREAS, the Whatcom County Council has found it necessary to
23 develop an additional zoning district to properly implement the
24 policies of the Comprehensive Plan, which is the Urban Reserve/
25 Medium Density zone district (URM), attached hereto and included
26 in Exhibit C; and,
27 WHEREAS, Lake Whatcom is the drinking water supply for the
28 City of Bellingham and Water District 10 and other Lakeshore resi-
29 dents, and that further residential development within the Lake
30 Whatcom watershed must be limited to a quantity and density which
31 is consistent with the overall maintenance of a safe and adequate
32 public water supply; and,
ORDINANCE - 1.
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WHEREAS, the potential impact on water quality from further
(development within the watershed is in the process of being anal-
yzed pursuant to the Lake Whatcom Restoration Study under a Refer-
endum 39 grant and scheduled to be completed by July 31, 1984; and,
WHEREAS, the adequacy of the zoning proposed by the Planning
Commission cannot be fully evaluated for the lands planned for
urban level densities, e.e., Urban Reserve, Quasi - Public (zoned
Urban Residential), Resort Commercial and Rural Residential two
dwelling units per acre, until the completion of the Lake Restor-
ation Study; and,
WHEREAS, the proposed new zoning for the Lake Whatcom Subarea
is more restrictive than the present interim zoning and as such
offers a greater degree of protection to the watershed than does
the present zoning; and,
WHEREAS, an emergency now exists in that pending the comple-
tion of the Lake Whatcom Restoration Study the protection of the
Lake Whatcom watershed against levels of development which may
imperil the public health, safety and welfare requires the immed-
iate replacement of the present interim zoning with the more restri
tive newly proposed zoning for the Subarea;
NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL
AS FOLLOWS:
1. The official Whatcom County Zoning Ordinance text and map,
designated as Title 20 of the Whatcom County Code are hereby
adopted for those areas of the Lake Whatcom Subarea designated for
non -urban uses that would have minimal potential of. adversely
affecting the quality and quantity of the watershed for those areas
located outside the boundaries of the watershed. These non -urban
uses constitute the areas displayed on the zoning map as Forestry,
Recreation. Open Space, Rural and Rural Residential one dwelling
unit per acre and any areas located outside the watershed regardies
of urban or non -urban classifications.
JORDINANCE - 2.
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1 2. That portion of the zoning ordinance which proposes urban
2 level uses and desnities within the watershed is hereby adopted as
3 an emergency land use control under the authority of RCW 36.70.790
4 and shall remain in effect until December 31, 1.984. These urban
5 level uses and densities constitute the areas designated on the
6 zoning map as Urban Residential Low, Urban Residential Medium,
7 Resort Commercial and Rural Residential two dwelling units per acres
8 2. To insure that development anticipated in areas planned for
9 urban level uses and densities occurs in an environmentally respon-
10 sible manner, Whatcom County hereby requests the Whatcom County
11 Environmental Review Committee to forward its recommendations for
12 identification and establishment of environmentally sensitive areas
13 in the Lake Whatcom watershed area as required in Environmental
14 Policy 1.11 in the Lake Whatcom Comprehensive Plan no later than
15 September 30, 1982.
16 4. Upon completion of the Lake Whatcom Restoration Study the
17 emergency zoning enacted herein shall be reconsidered by the Whatcom
18 County Council as the.basis for permanent land use controls. At
19 that time a SEPA threshold determination shall be performed pur-
20 suant to SEPA guidelines (WAC 197 -10) which will evaluate the
21 various potential impacts of the said proposed zoning upon the
22 continued safe use of Lake Whatcom as a public drinking water supply.
23 5. On or before December 31, 1982, Whatcom County shall adopt
24 design and development performance standards covering drainage,
25 land clearing, road construction, and filling of land within the
26 Lake Whatcom watershed.
27 6. All prior ordinances are hereby repealed to the extent
28 that they are in conflict with this ordinance, adjusted as needed
29 by the Prosecuting Attorney's office.
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ORDINANCE - 3.
I APPROVED this 19th day of August, 1982.
2 WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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5 Shirley VaA Zant
Vice -Chair
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ATTEST: ( APPROVED ( ) VETOED
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9 Clerk of t e Co ncil JOHN/LOUWS,
Cott Executive
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August 23, 1982
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Published August 4, 1982 and August 2.7, 1982
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This ordinance becomes effective on September 2, 1982
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ORDINANCE - 4.