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Home My WebLink Aboutord2017-045strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -195 CLEARANCES Initial Date Date Received in Council Of ice Agenda Date Assigned to: Originator: Davis /�_� 6." vGary - S r3 /11 - E C� E � V ED 6113/2017 7/11/2017 PD Committee) Introduction Division Head: /J Council- Ilettring Mark Personius /ur�j °�j�-�7 JUN 0 6 2017 Dept. Head: Sam Rvan �� -7 O "� � r / 7/25/2017 Planning Prosecutor: Royce I ! 7 PD Committee/ Buckingham - WHATCOM COUNTY COUNCIL $/8/2017 Introduction Purchasing /Budget: 9/12/2017 Public Hearing Executive: Jack Louws 00, 4=, . G . l TITLE OF DO U NT. Ordinance amending the Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards. ATTACHMENTS: Staff Memorandum Draft Ordinance January 17 Staff Report February 28 Staff Memorandum to Planning Commission April 19 Staff Memorandum to Planning Commission Planning Commission Minutes Planning Commission Findings and Recommendations Public Comments SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x) Yes () NO SEPA review completed? ( x ) Yes ( ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending the Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards. COMMITTEE ACTION: COUNCIL ACTION.• 6/13/2017: Discussed 6/13/2017: Introduced 6 -0, Donovan Absent 7/25/2017: Discussed and amended 7/11/2017: Referred to the Council's Planning and 8/8/2017: Discussed and forwarded to introduction Development Committee 8/8/2017: Introduced 6 -0, Mann absent 9/12/2017: Adopted 5 -11 Donovan opposed, Weimer absent, Ordinance 2017 -045 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2016 -00013 Ord. 2017 -045 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.waus1council. 7 -26 -2017 PROPOSED BY: Planning INTRODUCTION DATE: 8/8/2017 ORDINANCE NO. 2017 -045 AMENDING THE WHATCOM COUNTY CODE TITLE 20 ZONING AND THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE IMPERVIOUS SURFACE COVERAGE STANDARDS WHEREAS, an October 6, 2016 Washington State Supreme Court decision (Whatcom County, Hirst vs. Western Washington Growth Management Hearings Board, No. 91475) has found that Whatcom County's Comprehensive Plan does not comply with the Growth Management Act (GMA) requirements for protecting water resources; and WHEREAS, RCW 36.70A.070(1), requires that the land use element of a county comprehensive plan "shall provide for protection of the quality and quantity of groundwater used for public water supplies. "; and WHEREAS, RCW 36.70A.070(5)(c)(iv) requires that the rural element of a county comprehensive plan "shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:... protecting critical areas ... and surface water and groundwater resources. "; and WHEREAS, Whatcom County Planning and Development Services has proposed amendments to Whatcom County Code Title 20 Zoning; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, and public comments on the proposed amendments; and WHEREAS, The County Council hereby adopts the following findings of fact and conclusions: FINDINGS OF FACT Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning to establish cumulative impervious surfaces. 2. A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on January 25, 2017. Page 1 of 3 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on January 5, 2017. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on January 13, January 20, February 24, March 13, March 31, and April 14, 2017. 5. The Planning Commission held a public hearing on the proposed amendments on January 26, March 9, March 23, and April 27, 2017. 6. The Growth Management Hearings Board and Washington Supreme Court have found Whatcom County's Comprehensive Plan to be out of compliance with the Growth Management Act in that its rural element lacks measures to protect water quality and availability in rural areas. The Board suggested impervious surface limits as a possible measure the County might adopt to protect water quality. 7. The Whatcom County Comprehensive Plan adopts by reference County Code provisions related to water resources under Policy 2DD -2.C. Revisions to the County Code are therefore also revisions to the Comprehensive Plan. The amendments propose adding Policy 2DD- 2.C.10 to adopt by reference the new impervious surface standards proposed in WCC 20.32.500 and 20.36.500. 8. On October 11, 2016 the County adopted Ordinance 2016 -045 revising the County's stormwater regulations and integrating low impact development principles and best management practices into the County's development regulations in order to meet the state's 2014 NPDES Phase 2 Permit requirements. 9. The purpose of the proposed Zoning Code and Comprehensive Plan amendments is to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan amendments may be considered outside the annual concurrent review of Comprehensive Plan amendments per WCC 2.160.010D. 10. WCC 2.160.080 provides approval criteria for Comprehensive Plan amendments. 11. Whatcom County Comprehensive Plan (WCCP) Policy 10H -8 states: "Strongly incentivize the use of low impact development strategies. Minimize the amount of impervious surface whenever practicable by using natural engineering design methods such as the use of open, grassed, street swales and rain gardens instead of curbs and gutters. Where feasible, encourage alternate surfacing options and other techniques associated with low impact development." Page 2 of 3 12. WCCP Policy 1OH -12 states: "Amend subdivision, zoning, and other land use regulations and design standards to encourage that land use activities minimize the amount of impervious surface." CONCLUSIONS The amendment regarding impervious surface limits in rural zoning districts is in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. 3. The Comprehensive Plan amendments meet the approval criteria of WCC 2.160.080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code and Comprehensive Plan are hereby adopted as shown on Exhibits A and B. ADOPTED this 12th day of September , 2017. W HATCONi `CL'7UNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATT SD. C) COUTAT`E Dana &- 9)wn- []av1s, to'ungif Clerk APPROVED as to form:. Ci it Qe rosecutor Ba y chanan, Chairperson Appro Jack Loui Date: Page 3 of 3 ( ) Denied /3, tDLO / July 26, 2017 EXHIBIT A Whatcom County Code AMENDMENTS TITLE 20 ZONING Chapter 20.32 RESIDENTIAL RURAL (RR) DISTRICT 20.32.656 Drainage. [".-I..r,ted by refeFenc-eAf� -WG Chapter ) All development activity i within Whatcom County shall be subject to the stormwater management provisions of the -W tea t-a a-Fd-!5- -WCC 20.80.630 - 20.80.635 unless specifically exempted. No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Devele-p:nent Standa Code. Chapter 20.36 RURAL (R) DISTRICT 20.36.656 Drainage. (Adepted- "fe e - ee- in -WGGP G a r— } All development activity within Whatcom County shall be subject to the stormwater management provisions of t- #e- -Whatcom De Ylepn9ent Sta 4sWCC 20.80.630 - 20.80.635 unless specifically exempted. 1 July 26, 2017 No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Deveiepment Code. [Note: Revisions identical to the 20.36.656 revision above are made to Sections 20.34.659; 20.37.655; 20.44.652; 20.59.704; 20.60.655; 20.61.704; 20.63.654; 20.64.655; 20.67.653; and 20.69.655.] Chapter 20.80 GENERAL PROVISIONS 20.80.630 Stormwater and drainage. (1) Unless exempted in WCC 20.80.631, all development activity on lands within Whatcom County shall be subject to stormwater management requirements as follows: (a) NPDES Phase II Permit Area. Except in the Lake Whatcom Watershed Overlay District, d- Development activity inside the NPDES Phase II permit area shall comply with: (i) The 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington (Stormwater Manual), as amended; (ii) Appendix 1, Minimum Technical Requirements, of the Western Washington Phase II Municipal Stormwater Permit; and (iii) Appendix 7, "Determining Construction Site Damage Transport Potential," of the Western Washington Phase II Municipal Stormwater Permit. (b) Lake Whatcom Watershed Overlay District. -E ep,4aF , ..rM' I i n er- that, • i l R � - ■ � i�l lil. l�rsf .R•i�1•.1+�P2.iM4��i�1�1.1� 2 July 26, 2017 .7e ft+�) Al development activity inside the Lake Whatcom Watershed Overlay District shall comply with Chapter 20.51 WCC, Lake Whatcom Watershed Overlay District,.., which satisfies all 2013 Western Washington Municipal Storn -1 Nater Permit development and redevelopment requirements. (c) Stormwater Special Districts. Except for areas within or that overlap with the NPDES Phase II permit area (see subsection (1)(a) of this section), development activity inside stormwater special districts (as defined by WCC 20.80.635) shall comply with the Stormwater Manual, using the following modified minimum requirements in the table below, and using the Stormwater Manual's definitions of terms for " stormwater site plan," "impervious surface," "hard surface," "land disturbing activity," "project," "site," and "replaced hard surface ": Within Special Stormwater Districts — Modified Thresholds for Stormwater Management Table Minimum (Requirement (MR)' When Required MR1 Stormwater > 500 sq. ft. of new impervious surface, or Site Plan Renovation projects where the estimated cost exceeds 50% of the assessed value MR2 Construction Always required SWPPP MR3 Source Control Not required MR4 Preserve > 500 sq. ft. of new impervious surface, or Natural Drainage Renovation projects where the estimated cost exceeds 50% of the assessed value MR5 On -Site 0 Property >_ 2 acres meeting MR1, provide dispersion Stormwater • Property < 2 acres meeting MR1 where soils are suitable 3 July 26, 2017 Within Special Stormwater Districts - Modified Thresholds for Stormwater Management Table Minimum Requirement (MR)' When Required Management for infiltration, provide infiltration • Property < 2 acres meeting MR1 where soils are not suitable for infiltration and project does not increase the 24- hour, 100 -year peak flow rate by >_ 0.1cfs; provide dispersion MR6 Treatment Always required MR7 Flow Control Property < 2 acres meeting MR1 where project increases the 24 -hour, 100 -year peak flow rate by >_ 0.1cfs; provide detention MR8 Wetlands > 500 sq. ft. of new impervious surface, or Protection Renovation projects where the estimated cost exceeds 50% of the assessed value MR9 0 &M Required only if stormwater facility installed i Minimum requirements MR5 - MR9 likely require preparation by a professional engineer. (d) Outside (i) the NPDES Phase II Permit Area, (ii) the Lake Whatcom Watershed Overlay District, and (iii) the Stormwater Special Districts. Development activity outside the NPDES Phase II permit area, Lake Whatcom Watershed Overlay District, and stormwater special districts (as defined by WCC 20.80.635) shall comply with the Stormwater Manual, using the following modified minimum requirements in the table below, the definitions for land use intensity in subsection (e) of this section, and using the Stormwater Manual's definitions of terms for " stormwater site plan," "impervious surface," `hard 4 July 26, 2017 surface," "land disturbing activity," "project," "site," and "replaced hard surface ": Outside the NPDES Phase II Permit Area, the Lake Whatcom Watershed Overlay District, and the Stormwater Special Districts — Modified Thresholds for Stormwater Management Table Minimum Land Use Intensity2 Low Medium High ,Requirement (MR)' MR1 Stormwater Site > 7,000 sq. ft. of new >_ 4,000 sq. ft. of new Plan plus replaced hard plus replaced hard surface, or surface, or Per manual! > 14,000 sq. ft. land >_ 14,000 sq. ft. land disturbing activity disturbing activity MR2 Construction SWPPP Always required MR3 Source Control Not required MR4 Preserve Natural >_ 7,000 sq. ft. of new Drainage plus replaced hard surface, or > 14,000 sq. ft. land disturbing activity >_ 4,000 sq. ft. of new plus replaced hard Per MR5 On -Site Not required surface, or manual! Stormwater > 14,000 sq. ft. land — Management disturbing activity MR6 Treatment Not required MR7 Flow Control Not required MR8 Wetlands >_ 7,000 sq. ft. of new July 26, 2017 Outside the NPDES Phase II Permit Area, the Lake Whatcom Watershed Overlay District, and the Stormwater Special Districts - Modified Thresholds for Stormwater Management Table Minimum Land Use Intensity2 Low Medium High Requirement (MR)' Protection plus replaced hard surface, or > 14,000 sq. ft. land disturbing activity MR9 O &M Required only if stormwater facility installed ! Minimum requirements MRS - MR9 likely require preparation by a professional engineer. z See subsection (1)(e) of this section to determine land use intensity. — Application of the stormwater manual is not required where a County_ -, state -, or federally - approved farmplan, or equivalent document, demonstrates stormwater is being effectively managed to the standards equivalent to an NPDES Phase 11 permit. (e) The land use intensities in the above table have the following meanings: Land Use Intensity for Stormwater Management Table Note: Any project that results in new plus replaced hard surface greater than or equal to 10 percent of the gross parcel size or 20,000 sq. ft., whichever is greater, or-converts 1.5 acres of vegetation to lawn or five acres of vegetation to pasture results in cumulative impervious= sur -face exceeding the threshold set e/ovv . is T July 26, 2017 subject to the thresholds for "high intensity" land uses. Low • Single- family residential and accessory uses on lots of record of 25,000 sq. ft. or larger; * Construction of agricultural buildings, including those used in the processing and wholesale of agricultural products, on agricultural land as defined by RCW 84.34.020(2); • Seasonal roadside stands; or • Roads (other than those exempt as pavement maintenance). Medium Single- family residential and accessory uses on lots of record smaller than 25,000 sq. ft.; • Short subdivisions of land into four or fewer lots; • Minor utility developments; or • Trails and trailheads. High • All other uses, including all commercial, industrial, institutional, and urban or multifamily residential uses; • Subdivisions of land into more than four lots; • All uses on parcels bisected by the NPDES Phase II permit area boundary; of • Any project that results in new plus replaced hard surface greater than or equal to 10 percent of the gross parcel size or 20,000 sq. ft., whichever is greater, or converts 1.5 acres of vegetation to lawn or five acres of vegetation to pasture .17 or • In the Rural and Residential Rural districts, any project on a_parcel smaller than 2.95 acres that results in the parcel raving a cumulative impervious surface exceeding 10,000 square feet or 351% of gross parcel size, whichever is greater, or July 26, 2017 • In the Rural and Residential Rural districts, any project on a parcel of 2.95 acres or larger that results in the parcel having a cumulative impervious surface exceeding 45,000 square feet or 5% of gross parcel size, whichever is greater. Note: For purposes of determining high intensity land use, the calculation of cumulative impervious surface shall not include roadways or driveways in public rights -of -way or in easements that serve other parcels. (2) No project permit shall be issued prior to meeting the stormwater requirements of this section and /or the 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington, as amended. Advisory Note: Certain stormwater discharges to natural receiving waters are subject to state water quality standards and the requirements of the National Pollutant Discharge Elimination System (NPDES). Hydraulic project approval (HPA) may also be required if stormwater is discharged to a water body or stream that provides, or could provide, habitat for fish. EXHIBIT B Whatcom Comprehensive plan AMENDMENTS Chapter Two — Land Use Policy 2DD -2: Protect the character of the rural area through the County's development regulations. In addition to the policies of this plan that provide measures governing rural development, the following County's key development regulations are 8 July 26, 2017 incorporated into this plan by reference to assure that the plan contains measures to protect rural character: C. Measures to protect critical areas and surface and groundwater resources: 1. Protect the functions and values of critical areas (geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and habitat conservation areas) and the ecological processes that sustain them, through WCC 16.16 Critical Areas provisions, which apl2ly� throughout the rural area and are adopted herein by reference. 2. Minimize the adverse effects of discharges from on- site sewage systems on ground and surface waters through WCC 24.05, adopted herein by reference. 3. Preserve and protect unique and important water resources through development standard in WCC 20.71 Water Resource Protection Overlay District and WCC 20.51 Lake Whatcom Watershed Overlay District, adopted herein by reference. 4. Protect surface and ground water resources through stormwater management standards established in the County's Development Standards per WCC 20.80.630 through .6636.635, WCC 20.51, 20.71, and 12. ^1C 08.035 20.08 - eFeec-ed i n th = fo44ew4fKj -- Z-ef -4ng —Cede Vii, adopted herein by reference_: a: -�: 3�6- E�ai- r�- age��idet�- tiaa�- •l�•e�� #- .•{3i•s�iel =; .- 2[3- �3Ll- .Fi�9-- Dr- 2rirt,�ger --- +�u- r�ri----- Resid- �rr�ti� Is4a -rte e:42-0-.36 656-Bfin,ag 'iiat d =2 6 � +ace eir ebeFts TFa�itiefra4 amd Open Space FT-2-0-.50. TO Dr-aa- inagei---- Rt+fal- Gef+er-a4 - -Cow m e Fe ial StFi tt h -24 6 Faif age7 S- m a l; T w n Caff:„-;,�r -c am# Distriet; jT_249 �. Drainage, r e me, l D i s-tFi jT-2�G-- 64,6 5 5 B ai n ag , - Resof-t-C er-c-i al- iIstfiet July 26, 2017 e rall hA a nufaetbLnf g _M- .69. 6 5 5 — Dryinage, RUFa#— IFAUStFia•l---a-nd 5. Assure that subdivisions meet requirements for critical areas, shoreline management, and stormwater management through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.034 Application Procedures, Short subdivisions. b. WCC 21.05.037 Hearing Examiner Notice Hearing and Decision, Preliminary Long Subdivisions. 6. Limit water withdrawals resulting from land division through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.090 Water supply, Short Subdivisions. b. WCC 21.05.080 Water supply, Preliminary Long Subdivisions. 7. Regulate groundwater withdrawals by requiring purveyors of public water systems and private water system applicants to comply with Washington State Department of Ecology water right requirements per WCC 24.11.050, adopted herein by reference. 8. Require evidence of an adequate water supply prior to issuance of any building permit, per WCC 24.11.060, adopted herein by reference. 9. Determine adequacy of water supply for building permit applications proposing to use a well, spring, or surface water, per WCC 24.11.090, .100, .110, .120, .130, .160, and .170, adopted herein by reference. 10. Limit phosphorus entering Lake Whatcom through WCC 20.51 Lake Whatcom Watershed Overlay District and Lake Whatcom and Lake Samish due to the application of commercial fertilizers to residential laws and public properties through WCC 16.32, adopted herein by reference. 10 July 26, 2017 11. Protect vital drinking water, sensitive habitats, and recreational resources within the Department of Ecology's designated Western Washington Phase II Municipal Stormwater Permit area and the Lake Whatcom watershed by prohibiting illicit discharges to the county's stormwater collection system through WCC 16.36 Illicit Discharge Detection and Elimination Program, adopted herein by reference. 12. Maintain standards for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the area can result in hazardous conditions per WCC 20.80.735 Water Resource Special Management Area, adopted herein by reference. 11