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HomeMy WebLinkAboutres2020-035Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2020-415 File ID: AB2020-415 Version: 1 Status: Approved File Created: 09/23/2020 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Resolution Assigned to: Council Public Works & Health Committee Final Action: 09/29/2020 Agenda Date: 09/29/2020 Enactment #: RES 2020-035 Primary Contact Email: DBrown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution approving the Birch Bay Water and Sewer District Comprehensive Water System Plan Update SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Resolution approving the Birch Bay Water and Sewer District Comprehensive Water System Plan Update HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 09/29/2020 Council Public Works & Health RECOMMENDED FOR Committee APPROVAL Aye: 3 Frazey, Donovan, and Kershner Nay: 0 Absent: 0 09/29/2020 Council APPROVED Aye: 6 Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 emp Absent: 1 Byrd Whatcom County Page 1 Printed on 913012020 Agenda Bill Master Report Continued (AB2020.415) Attachments: Proposed Resolution, Plan Update, Approval Letters, Birch Bay Water & Sewer District Resolution, RCW Language Whatcom County Page 2 Printed on 913012020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 PROPOSED BY: COUNCIL CLERK INTRODUCTION DATE: SEPTEMBER 29, 2020 RESOLUTION NO. 2020-035 APPROVING THE BIRCH BAY WATER AND SEWER DISTRICT COMPREHENSIVE WATER PLAN 2020 UPDATE WHEREAS, the Birch Bay Water and Sewer District (BBWSD) Comprehensive Water System Plan 2020 Update (Plan Update) was prepared at the request of the District Board of Commissioners; and WHEREAS, a determination of non -significance was issued for the Plan Update on June 26, 2019, pursuant to the State Environmental Policy Act; and WHEREAS, per RCW 57.16.010, Whatcom County Public Works approved the Plan Update on September 1, 2020, with the following notations: • All work performed in a county right-of-way requires a Revocable Encroachment Permit as a prerequisite. See Whatcom County Code (WCC) 12.16 for additional information. • Depending on the scope of work of any given BBWSD planned water system facilities project, the County might require: Other permits (e.g., building, conditional use, land disturbance, shoreline) as a prerequisite to project execution; stormwater management documentation, with possible consequent engineered stormwater management system design. • To accommodate our desire to minimize disturbance to County roadway surfaces, we encourage the BBWSD to locate, where feasible, new or reworked water system facilities outside the existing pavement of any improved County roadways. • We encourage the BBWSD to accomplish, to the maximum extent feasible, its planned water system projects that will involve work in County rights -of -way in advance of our planned road projects to minimize roadway patching that would otherwise occur if not coordinated. WHEREAS, per RCW 57.16.010, the Whatcom County Health Department approved the Plan Update on September 22, 2020; and WHEREAS, Planning and Development Services has reviewed the Plan Update and made recommendation; and WHEREAS, RCW 57.16.010(7) requires the County Council approve, conditionally approve, or reject comprehensive water system plans; and WHEREAS, the Birch Bay Water and Sewer District has submitted a final version of the Plan Update (revised to address agency comments) to the County Council for review and approval; and WHEREAS, under the provisions of state law, the Whatcom County Comprehensive Plan, and County -Wide Planning Policies, water service in rural areas must be at rural levels and should not be used as a basis for rezoning property; and WHEREAS, the County Council has reviewed the Birch Water and Sewer District Comprehensive Water System Plan 2020 Update for compliance with the approval criteria set forth in RCW 57.16.010(7)) and RCW 57.02.040 and finds that the plan satisfies these criteria, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED that the County Council hereby approves the Birch Bay Water and Sewer District Comprehensive Water System Plan 2020 update, subject to the following conditions: New water lines shall be consistent with WCC20.82.030(3). 2. Provision of water to land outside the Urban Growth Area shall not serve as the basis for rezoning properties. 1 3. Pursuant to the Whatcom County Coordinated Water System Plan (CWSP), the District will 2 submit a new "Declaration of Water Utility Service Areas" (CWSP Exhibit 4-1) to County 3 Planning and Development Services, with an associated map, and documentation that it has 4 followed the CWSP procedures that are applicable to the District (Exhibit 4-2) to modify the 5 service area in the CWSP so that it is consistent with the service area in the District's 6 Comkk�00MWrk/ gter System Plan. 7 4. ®0 0 91PRO1/ �(��' 'day of September 2020. 10 ��' 12 ATTESG00 WHATCOM COUNTY COUNCIL N M WASHINGTON 13 d { .;., ATCO N , 14 15 16 Dana Vrown, -- kof the Council TBIcKahan, Council Chair 17 18 19 APPROVE6rA,5dTO F6RM, ' 21 ved 6 &6f� e Utz FMaU /b 22 Civil Deputy Pro ecutor