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Home My WebLink Aboutord2001-049WHATCOM COUNTY COUNCIL AGENDA BILL NO. Zool-322 CLEARANCES annual Dare Date Received in Council Office Agenda Date Asatnedto: Originator: Amy Pederson 9��i of 9 -25 -01 Introduction Division Head: Sylvia Goodwin G Depr. Head: Mal H. Hart Prosecutor: Karen Fisher Purchasing /Budget.: Exreunve: Pere Kremen SUBJECT: Ordinance amending the official Whatcom County Zoning Ordinance, Chapter 20.71 — Water Resource Protection Overlay District, section 20.71.603. ATTACHMENTS: (1) Proposed Ordinance (2) Agency Report (3) Staff Report 4 Planning Commission Minutes To he forwarded when completed.) SEPA review required? ( x ) Yes ( J NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO Requested Date: I The Council must hold a hearing ifthey want to change the Planning Commission's recommendation (WCC 20.10.110). SUMMARY STATEMENT. The request is to amend the agr5ricial Whatcom County Zoning Ordinance, Chapter 20.71 — Water Resource Protection Overlay District, section 20.71.603, to " encourage," rather than "require, " driveways in residential and commercial zones to be constructed of alternative surfaces. The Planning Commission also recommends that alternative surfaces be "encouraged" for parking areas and service roads. Distribution Request Indicate those who should receive a copy hater Council anion. List specific names to the right. ADS Facilities ,uanagemem ADS Finanre ADSHuman Resources ADS Info Services -Assessor Aadilor Cooperative Extension District Court Health Hearing Examiner jail COUNCIL ACTION TAKEN.- 2001 - 322 912512001: Introduced 101912001: Adopted 4 -3, Hoag, Brenner, McShane opposed, Ord.#2001 -049 ReL Related File Numbers: File #ZON2001 -00015 ✓u>enae Parks Planning Hal H. Hart Prosecutor Public Works sheriff Superior Caurt Treasurer Other Ordinance or s [ut' Number (this item):b • 04di SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 9/25/2001 ORDINANCE NO. 2001 -049 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, CHAPTER 20.71 - WATER RESOURCE PROTECTION OVERLAY DISTRICT, SECTION 20.71.603, TO "ENCOURAGE," RATHER THAN `REQUIRE," THE USE OF ALTERNATIVE SURFACING FOR DRIVEWAYS, PARKING AREAS, AND SERVICE ROADS IN RESIDENTIAL AND COMMERCIAL ZONES. 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 August 29, 2001; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on Thursday, August 30, 2001; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on September 13, 2001, and considered all testimony; and WHEREAS, the Council held a work session on 10/9 2001 to consider this matter; and WHEREAS, the Council found the amendment in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: a1C Ill N[ei 1. On April 8, 1999, Planning Commission recommended approval of the proposed Water Resource Protection Overlay District which included language under section 20.71.603 to "encourage" the use of alternative surfacing options for driveways in residential and light commercial zones. 2. On June 24, 1999, Council Planning & Development Committee recommended that section 20.71.603 be amended to 'require" alternative surfacing for driveways in residential and commercial zones. 3. On December 7, 1999, County Council adopted the Water Resource Protection Overlay District with the Planning & Development Committee recommended changes to section 20.71.603 by Ord. 99 -086. \ \PDS -1W0L1 \USERS \PDS \SHARE0\2 Planning Division\REZONE\Zoning 2001\Z01N2001 -00015 ORD.doc Page 1 4. On August 8, 2001, The Building Industry Association of Whatcom County submitted a paid application to amend WCC, Section 20.71.603, to "encourage," rather than "require," driveways in residential and commercial zones to utilize alternative surfacing options. 5. The provisions of the Water Resource Protection Overlay District, section 20.71.300, regulate the total amount of impervious surfaces allowed on a parcel. Under these regulations, 50% to 90% of each parcel must be retained in pervious open space, depending on the zoning district. 6. Section 20.71.603 further restricts the use of impervious surfaces on a parcel by requiring the use of alternative surfacing options for driveways in residential and commercial zones. 7. Scientific studies indicate that alternative surfacing methods are a sound practice for reducing impervious area and protecting water quality in environmentally sensitive areas, however, they may not function properly if there are poor soils, steep slopes, improper construction methods or inadequate maintenance. 8. The provisions of 20.80.634 designate the Lake Whatcom Watershed as a Stormwater Special district and, as such, the Lake Whatcom Watershed is subject to the requirements of section 20.80.636 regarding on -site stormwater treatment and detention. 9. Pursuant to section 20.80.634, the Lake Samish Watershed is not subject to the provisions of the Stormwater Special District "until such time that the stormwater standards for stormwater special districts are updated and revised." Without adequate stormwater treatment, paved driveways could have a greater impact on water quality than properly installed and maintained alternative surfaces. CONCLUSIONS The proposed text amendments, are consistent with the goals and policies of the Whatcom County Comprehensive Plan and the County -Wide Planning Policies. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Code is hereby amended as shown in Exhibit A. 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. \ \PDS- 1 \V0L1\ USERS \PDS\SHARED\2 Planning Division \REZONE\Zoning 2001 ON2001 -00015 ORD.doc Page 2 ADOPTED this ATTEST: i I Dana Brown - Davis, Clerk of the Council APPRg/ OVED as to form 9 dayof October 2001. Karen Frakes, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON l L. Ward Nelson, C oncil Chair (--�'Approyed O�D`ennii "ed Pete Kneri Executive �~— Date: 10-14-Cl \ \PDs- 1W0LPUSERS\PDS\ SHARED \2 Planning Division \REZONE\ oning 20019ON2001 -00015 ORD.doc Page 3 EXHIBIT A Planning Commission Recommended Amendments to Chapter 20.71 -Water Resource Protection Overlay District, Section 20.71.603: 1. 20.71.603 Use of alternative surfacing methods. Use of alternative surfaces including but not limited to: pervious concrete, porous asphalt, paving blocks, plastic matting, brick, natural stone, cobbles, gravel, bark or wood mulch, turf block, and other similar approved materials is encouraged required for fringe or overflow parking areas, emergency parking areas, and easement service roads, anddrive • ^ys in residential or commercial zones unless site constraints make use of such materials detrimental to water quality. Use of pervious materials is encouraged for private roads, fire lanes, road shoulders, bike paths, walkways, aad patios and driveways. However, utilization of alternative surfacing methods in commercial or public facility areas shall be subject to review and approval by the Whatcom County public works department, fire marshal or the county ADA coordinator for compliance with other applicable regulations.