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HomeMy WebLinkAboutord2001-069WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -373 CLEARANCES Initial Date Date Received in Council Office A endal me Assi nedm: Originator: Sylvia Goodwin (� 2 R L � C E � V E NOV 0 6 2001 WHATCOM COUNTY COUNCIL 11/13/01 Introduction Division Head: Sylvia Goodwin 11121101 P & D / Council Dept Head: Hot H. Hart ' 6 Prosecutor. Karen Fakes Purchasing/eudget: Executive: Pete Kremen MS a SUBJECT: Ordinance adopting an extension of the Oray[ott Harbor Provisional Short Term Planning Area of the Blaine Urban Growth Area for an additional two years. ATTACHMENTS: (1) Proposed Ordinance (2) Ordinance 1000 -014 (3) Ordinance 99 -071 SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x )Fes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO Requested Date: IThe Council most hold a hearing ifthey want to change the Planning Commission's recommendation (WCC 20.10.110 ). SUMMARY STATEMENT: The request is to extend the Provisional Short Term Planning Area for Drayton Harbor for an additional two years. The property owners have been working with Birch Bay Water and Sewer District to explore options for design and funding of a sewer system. The city of Blaine is also working on design and funding of a regional sewer system which could result In sewer transmission lines in the area as well. Distribution Request Indicate those who should receive a copy after Council action . List sinecfc names to the right ADS Factlifies Management ADS Fimanee ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Fx cudve Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2001 - 373 11/1312001: Introduced 11127/2001: Decision delayed to 12111/2001 12/11/2001: Adopted 4 -2, McShane, Hoag opposed, Imhof absent, Ord. # 2001 -069 Juvenile Parks Planning Hal H. Hart Prosecutor Public Works Sheriff Superior Court Related County Ordinance #s: 99 -071 and 2000 -014 Treasurer Omer Related File Numbers: File # 75 -98 CZMT Ordinance or ROeso ulfourgbeG ( _ (this ftem): GIVW\ ' SPONSORED BY: CONSENT PROPOSED BY: PDS INTRODUCTION DATE: 11/13/01 ORDINANCE NO. 2001 -069 AMENDING ORDINANCE 2000 -014 TO EXTEND THE PROVISIONAL SHORT TERM PLANNING AREA FOR THE DRAYTON HARBOR AREA OF THE BLAINE URBAN GROWTH AREA FOR AN ADDITIONAL TWO YEARS, AS PROVIDED IN ORDINANCE 99.071. WHEREAS, Resolution #98 -067 initiating Emergency Zoning or Comprehensive Plan Amendments for the Drayton Harbor area was adopted by Whatcom County Council on October 13,2000;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, the Planning Commission held work sessions on January 14, January 28, March 25, and June 24, 1999; and WHEREAS, the Planning Commission 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; and WHEREAS, the County Council considered the recommendation of the Planning Commission, held additional public hearings and adopted Ordinances #99 -071 and 2000 -014, which designated the Drayton Harbor Area as a Provisional Short Term Planning Area within the City of Blaine Urban Growth Area for a period of two years to allow property owners to develop and finance a public sewer system. This approval provided an option for a two year extension; and WHEREAS, the property owners have been working with the Birch Bay Water and Sewer District to explore options for design a funding of a sewer and the City of Blaine is working on design a funding of a regional sewer system which could result in sewer transmission lines through this area; NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council that: Section 1. The provisional STPA for Drayton Harbor area of the Blaine urban growth area, shown on Exhibit A, is extended for an additional two years to allow additional time to plan and finance a public sewer system. If a system is not designed and financed within two years, the area reverts to a Long Term Planning Area. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the raoning Amendments/Zoning 2001/Drayton Harbor Provisional UGA Extension Page 1 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 11 day of December Zppf WHATCOM COUNTY COUNCIL ATTEST: ����� WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, L. Ward Nelson, Councit Chair Clerk of the Council APPROVED as to form (�) Denied Karen Frakes, Civil Deputy Prosecutor a Krefnefi, Executive Date: /J! z3 -O,L L2oning AmentlmenbVZoning 2001 /Drayton Harbor Provisional UGA Extension Page 2 F m Drayton Aarbor Area -. 1 Blaine Incorporated WOMB ON 11111IM IIIIIIIIIIIIIIIIIIIII Long Term UGA 1. ti ., BIRCH BAY EXHIBIT A 1/ "O at Birch Bay Water and Sewer District 3�� Serving the Greater Birch Bay Area Since 1968 COMMISSIONERS Carl Retchhudi ]096 POINT SHINGTO 9flOAD Don Montfort BIRCH BAY, WASHINGTON 9$130 -96 — _ Patnck Alesse PHONE: (360)3]1 - ]100(20 hrs) EMAIL: oaice®waterdistnd.bimh.bayv4a t CtERALMANAG. FAX: (360) 371-2806 -' _'. iRb9crr M. Brown November 30, 2001 �' -� ; DEC Q Sylvia Goodwin ( y _ Whatcom County Planning Department t-_ _ 311 Grand Avenue Dear Sylvia, I understand the County Council, at their December 11, 2001 meeting, will be considering rescinding the Short Tenn Planning Area (STPA) designation for the South Drayton Harbor area. At the request of Muriel Terry, a resident of the South Drayton Harbor area, I am writing to provide certain factual information to assist the Council in their deliberations. In June, 1999, the District provided Mrs. Terry a preliminary estimate of Utility Local Improvement District (ULID) assessments of $170 -$207 per front foot to construct the particular water and sewer improvements then being considered by local residents. Subsequently, residents of this area have considered a significantly expanded version of the project for which assessments were estimated in 1999. In the absence of further engineering analysis, the 1999 estimates provide little guidance as to the likely range of estimates for the expanded project — they could be either higher or lower. The potential for the District to provide wastewater services to Blaine, moreover, raises the possibility of significant grant funding to assist with construction of regional wastewater facilities. If grant funding became available, and a ULID were formed in conjunction with a regional consolidation project, cost burdens to local property owners could be lowered substantially. I would appreciate it if you would provide this letter to Council Members. Thank you Sincerely, 4r' Roger M. Brown General Manager Birch Bay Water & Sewer District POTABLE WATER 8 WASTEWATER S�CONDARV TREATMENT SERVICES MAIN OFFICE 8 MILES WEST OF 1 -5, EXIT 266. SOUTH EDGE OF BIRCH BAY STATE PARK WHATCOMCOUNTY COUNCIL AGENDA BILL NO. 2000- 126 CLEARANCES Date Dare Received in Council Office Agenda Date Assigned To Ong. Dept.: Planning & Develop 031032000 MAR 0 3 2000 WHATCOM COUNT COUNCIL 03/07n000 Introduction Division Head: P6b COUiQC1L. DWL Head: pry 1011. Budget Eaeattve: SUBJECT: Ord. amending Ord. 99 -071 - Drayton Harbor Area of the Blaine UGA ATTACHMENTS SUMMARYSTATEMENT.• I Related County Contact #: Should dk Clerk schedule a hearing? (YM Y Requested Date: Ordinance amending Ordinance 99 -071 regarding the Provisional Short Tenn Planning Area for the Drayton Harbor Area of the Blaine Urban Growth Area RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2000.126 3/12000: Introduced 3212000: Option #1 adopted 5-2, Hoag. Brenner opposed. Ord. #2000-014 Related File Numbers: Ordinance or Resolution Number (this item only): AB99435 ORD -Ak 2C 01+ SPONSORED BY : Planning PROPOSED BY: Planning INTRODUCTION DATE: 3/7/2000 ORDINANCE NO. 2000 -014 AMENDING ORDINANCE 99 -071 REGARDING THE PROVISIONAL SHORT TERM PLANNING AREA 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; and WHEREAS, The County Council considered the recommendation of the Planning Commission, held additional public hearings and adopted Ordinance 99 -071, which designated the Drayton Harbor area as a Provisional Short Term Planning Area within the City of Blaine Urban Growth Area ; and WHEREAS, Section 2, Paragraph 2. of Ordinance 99 -071 would require that a latecomer option be offered to property owners within a portion of the potential ULID area, which is not consistent with State statutes regarding ULID assessments. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Section 2, paragraph 2. Of Ordinance 99 -071 is hereby amended as follows: OPTION #1 NO MAP AMENDMENTS 2. The final STPA boundary will be established by the service area boundary of the LID or area where sewer service is provided. :Pie PFOpeFly along Linealn Read Past Rf Section 2. 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 21 day of March, 2000. . i A� - ,I - APPROVED as to form: t j Deputy Prosecutor WHATCOM COUNTY COUNCIL W�TC H.AATCOM COUNTY, WASHINGTON 0 0.""1 Mariana Dawson, Chairperson 66 Approved ( ) Denied Pete Kremen, Executive Date: 3 �9-Oo 2 1 @ Fanning DivisionUIEZON[Mnnergenc 199 dinancelamendnnent to adopting ardlnance7b98CZ1VIT.doc pLd /I� I i��.�i //,•::. �iii /. � 'Y��"'• I II ���. .. Drayton Harbor Area - z Blaine Incorporated Short Tenn UGA Provisional Short Term U Long Term UGA I \\\ BIRCH BAY N W L w .W m EXHIBIT 2 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1999 - 435 CLEARANCES Dam Dak Received in Council Once Agenda Date Aw l ned To Od9. DepL: Planning & Develop Division Head: 1101999 � 2 � � 11 �� // I� IS II V LS NOV 0 2 1999 WHATCOM COUNTY COUNCIL ,11/911999 pE p �pMl,l. INi�Y,O 3 p^t.d CBGULGt�. Dept. (lead: Prosecutor: Budget Executive: SUBJECT. Ordinance amending Comp Plan re: Drayton Harbor area of the Blaine ATTACHMENTS DEC 2 1 1999 SUMMARYSTATEMENT I WHATCOM COUNTY PLANNING Related County Contract x: _ Should the Clerk schedule a hearing? (YIN Requested Date: Ordinance amending the Whatcorn 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: 1999-435 115/99: Introduced 1123/99: Amended and adopted 6-1, Hong opposed. Ord. NGeel Related File Numbers: Ordinance or Resolution Number (this item only): MOO* dkq 0011 SPONSORED BY : Planning PROPOSED BY: Planning INTRODUCTION DATE: 11/959 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 2 M Planning Di0sion \REZ0NETmer9enq.99\new adwUng ordinance75- 98CZMTAtl 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. L1]_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„ � nd9F ^:c�..a title, "Speck, Dis'..;GtT (Ord. 94- 022,1994). (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 3 1:2 Planning Dmsi NRUONETE rgenq.9ftew adopling ordinance75- 98CZMT.doc solving problems in a manner 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; S. 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: 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 -year 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. 4 I:U Planning DivisionV EZONBEmergenq.gftew adapting wdmanw7&s8CZMT.dw (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 Att. A S 10, 1996; Ord. 94-022,1994). 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 `�� li` N \ .. - Son (loll .:i" . Loma APPROVED as to form: r eputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON zru',e) Mar nJ arlene D on, Chairperson ( Approved ( ) Denied ete Kremen, Executive Date: /� _1S" —fq 5 1 92 Planning Division\REZONEEmergenc 99�ew adopbog ordinanc 75- 98CZMTAd 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. 6 1 :Q Planning Division \REZONE \Emergent .99\new adopting ordinance7S98CZMT.doc