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Home My WebLink Aboutord2001-075WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -31 OG CLEARANCES Initial F Date Date Received in Council Office A endaDate Assi nedm: Originator: Sylvia Goodwin /G Ifll LS l�fi R E c E V SEP 18 2001 WHATCOM COUk l� COUNCIL /01 InHOduc6on Division Head: Sylvia Goodwin ill 4 t ^ Dept Head: Hal H. Han .44 Prosecutor: Karen Frairs Purrhming/RUdgvr.: Executive: Pete Kremen _! SUBJECT: Ordinance amending the official Whatcom County Comprehensive Plan to allow public water and sewer systems within Small Towns, ResortlRecreational Subdivisions, and the Gateway Industrial Transportation Corridor. ATTACHMENTS: (l) Proposed Ordinance SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x )Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( xt ) NO Requested Date: 1The Council must In a hearing ifthey want to change the Planning Commission's re nimendation(WCC 20.10.110). SUMMARYSTATEMENT. The request is to revise policies in the Comprehensive Plan to allow the provision of public water and sewer systems within Small Towns, ReaoreRecreational Subdivisions, and the Gateway Industrial Transportation Corridor where existing lot sizes and development patterns make public water and sewer Systems appropriate. Note: The subject proposal is one of eight comprehensive plan amendments initiated this year. These amendments must be considered concurrently by the Counry Council so that the cumulative effect of the various proposals can be evaluated (RCW 3670A.130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur by November 30. Distribution Request Indicate those who should receive a copy after Council action List specific names to the right. ADS Facilities Management ADSFinance ADS Human Resources ADSh ft Services Assessor Auditor cooperative EUension District Coun Executive Health Hearing R`amento Jail COUNCIL ACTION TAKEN: 9 ' 2001 - 310 G 9/1112001: Introduced 10/9/2001: Discussed In Planning Committee and Council, scheduled to go forward to consonancy hearing 12/11/2001: Adopted 6 -0, Imhof absent, Ord. #2001 -075 Relai Related File Numbers: File #CMP2001 -00009 Juvenile Parks Planning Hal H Hart Prosecutor Public Works sheriff Superior Court Treasupor Hear Ordinance or ReOsolution j/um er _ (this item): J1Ff- SPONSORED BY: CONSENT PROPOSED BY: PDS INTRODUCTION DATE: 9/11/01 ORDINANCE NO. 9001_075 AMENDING THE TEXT OF THE WHATCOM COUNTY COMPREHENSIVE PLAN TO ALLOW PUBLIC WATER AND SEWER SYSTEMS WITHIN SMALL TOWNS, RESORT /RECREATIONAL SUBDIVISIONS AND THE GATEWAY INDUSTRIAL TRANSPORTATION CORRIDOR. WHEREAS, Pursuant to WCC 20.10, proposed Comprehensive Plan amendments shall be docketed for consideration once per year; and WHEREAS, The Whatcom County Department of Planning and Development Services initiated an amendment to revise policies regarding water and sewer services outside of Urban Growth Areas; and WHEREAS, A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on May 23, 2001 and the SEPA Official reviewed the additional amendments proposed by the Planning Commission and determined the amendments would have no greater environmental impacts; and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on Thursday, June 28, 2001 and July 26, 2001; and WHEREAS, The Planning Commission held a public hearing on the proposed amendments on Thursday, July 12, 2001, and considered all testimony; and WHEREAS, The Planning Commission held an additional public hearing to consider additional amendments on Thursday, August 9, 2001, and considered all testimony; and WHEREAS, The Planning Commission recommended approval of the proposed text, as amended, on Thursday, August 9, 2001. WHEREAS, the County Council has considered the Planning Commission's Findings of Fact, Reasons for Action and Recommendation for the amendments; and WHEREAS, the County Council finds the amendments in the best interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS OF FACT 1. Legal notice for a public hearing was published in the Bellingham Herald on June 28, 2001 and July 26, 2001. 2. A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on May 23, 2001 and updated on July 30, 2001. 3. Public hearings were held by the Planning Commission on July 12, 2001 and August 9, and all testimony was considered. I:REZONES \Comp Plan 2001 \CMP2001 -00009 4. GMA legislation in 36.70A.070 (5)(d) allows the provision of necessary public services and facilities to serve "limited areas of more intensive rural development" 5. The proposed amendment would not result in sprawl because it limits public water and sewer service to limited areas where existing lot sizes and development patterns make water and sewer appropriate. In the Gateway Industrial Transportation Corridor, sprawl will not result because development is limited to an "infill situation" and allowed only in the logical outer boundary as established by the Gateway Industrial District. 6. The proposed amendment would clarify County policy on public water and sewer service outside of Urban Growth Areas and limit service to areas where existing lot sizes and development patterns make public water and sewer services appropriate. 7. The amendment would protect public health by allowing sewer service in areas where existing lot sizes and soil conditions are not appropriate for on -site water and sewer systems. CONCLUSIONS The modified text, attached as Exhibit A, is in the public interest and is consistent with the Growth Management Act. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Comprehensive Plan text is amended as shown in Exhibit A. of the Ordinance as a whole or any part thereof 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. ADOPTED this 11 day of December 2001 ATTEST: Dana Brown- Davis, Clerk of the Council 7 APP OVED as to form Civil Deputy Prosecutor I:REZONES \Comp Plan 2001 \CMP2001 -00009 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ` Kard Nel n, Ckcil Chair ( 'Approved () Denied Pete Kremen, Executive Date: EXHIBIT A AMENDMENTS REGARDING RURAL WATER AND SEWER SERVICE Policy 2DD4: Discourage urban levels of water and sewer service extensions to serve .o.a.aFeae development outside of Urban Growth Areas Small Towns and Resort/Recreational Subdivisions and the Gateway Industrial Transoortation Corridor - sept medy grc,,,d ate .., senta,net98 -^ "-:-:c .c - ^f health haZaF s unless there are serious public health or environmental concerns. Policy 2GG -8: Retain existing zoning in small towns and allow in -fill subject to adequate road capacity, water supply and sewer service or the ability to utilize septic systems. Limit other services to rural service levels. Policy 2KK-4: Support Water District 10's effort to provide adequate sewer capacity and control stormwater run -off in keeping with appropriate environmental controls and the Sudden Valley Community Association's density reduction goal. Policy 5L -3: Discourage extension of urban levels of water service to areas not designated fer-as urban growth areas ec industryial areas (including the Gateway Industrial Transportation Corridor), Small Towns or Resort/ Recreational Subdivisions.. Policy SQ -1: Discourage extension of sewer lines in areas not designated fer-as urban growth areas. Small Towns. er Resort/Recreational Subdivisions or the Gateway Industrial Transoortation Corridor, unless there are serious public health or environmental concerns. Policy 50-2: For those areas designated for inclusion as a Small Town or Resorl/Recreational Subdivision and wishing to grew infll, work with the communities to create sewer and water districts as necessary to manage both utilities. Public water and sewer service shall be limited to areas where existing lot sizes and development patterns make public water and sewer appropriate and shall not be extended outside of the boundaries of the Small Town or Resort/Recreational Subdivision. Policy 50.3: Assist sewer and water districts in environmental review and mitigation and grant applications to obtain package sewer services that can be developed in a phased and cost - effective manner to serve Small Towns, Resort/Recreational Subdivisons and industrial areas (including the Gateway Industrial Transoortation Corridor). Policy 504: Support the development of new technology and alternative sewage disposal methods as an alternative to expensive sanitary sewer systems to assure ground water quality is maintained. I:REZONES \Comp Plan 2001 \CMP2001 -00009