HomeMy WebLinkAboutord2021-048Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2021-381
File ID: AB2021-381 Version: 1 Status: Adopted
File Created: 06/21/2021 Entered by: DBrown@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council
Agenda Date: 07/27/2021
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 07/27/2021
Enactment #: ORD 2021-048
Ordinance adopting Whatcom County Comprehensive Plan amendments concerning the Lummi Island
Ferry, modifying Policy 6A-1 relating to ferry level of service and deleting Policy 6C-9 relating to a
ferry feasibility study
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance would amend the Whatcom County Comprehensive Plan concerning the Lummi Island
Ferry. The proposal would modify Policy 6A-1 relating to ferry level of service and delete Policy 6C-9
relating to a ferry feasibility study.
This proposal was forwarded by Council on May 7, 2019, to be considered with other proposed
Comprehensive Plan amendments (see A132019-223). Per Whatcom County Code 2.02.115,
because the ordinance was not adopted within 120 days of its original introduction date, it must be
reintroduced, notice of introduction republished, and at least 13 days elapsed before the ordinance can
come up for final consideration by the Council.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
11/07/2018 Council FORWARDED FOR Council
CONCURRENT REVIEW
06/29/2021 Council INTRODUCED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Whatcom County Page 1 Printed on 712912021
Agenda Bill Master Report Continued (AB2021-381)
Absent: 0
07/27/2021 Council ADOPTED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Attachments: Staff Memo, Proposed Ordinance, Proposed Exhibit A, Planning Commission Findings, Code and
RCW Language Related to Concurrent Review
Whatcom County Page 2 Printed on 712912021
PROPOSED BY: Planning & Development Services
INTRODUCTION DATE: June 29, 2021
ORDINANCE NO. 2021-048
ADOPTING AMENDMENTS TO THE
WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO THE LUMMI ISLAND FERRY
WHEREAS, The Lummi Island Ferry Advisory Committee proposed
modifications to the Whatcom County Comprehensive Plan relating to the Lummi
Island ferry; and
WHEREAS, The Whatcom County Planning Commission held a public hearing
and issued recommendations on the proposed amendments; and
WHEREAS, The County Council considered the Lummi Island Ferry Advisory
Committee and Planning Commission recommendations; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
Background Information
1. The subject amendments to the Whatcom County Comprehensive Plan
(Chapter 6, Transportation) are summarized as follows:
a. Amending Policy 6A-1 relating to Lummi Island ferry level of service.
b. Deleting Policy 6C-9 relating to a ferry feasibility study.
2. Notice of the subject amendments was submitted to the Washington State
Department of Commerce on December 12, 2018.
3. Notice of the Planning Commission hearing was sent to citizen, media, and
other groups on the County's e-mail list on January 9, 2019.
4. Notice of the Planning Commission hearing was posted on the County
website on January 10, 2019.
5. Notice of the Planning Commission hearing was published in the Bellingham
Herald on January 11, 2019.
Page 1 of 5
6. A determination of non -significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on January 11, 2019.
7. The Planning Commission held a public hearing on the subject amendments
on January 24, 2019.
8. Pursuant to WCC 22.10.060(1), in order to approve comprehensive plan
amendments the County must find all of the following:
a. The amendment conforms to the requirements of the Growth
Management Act, is internally consistent with the county -wide
planning policies and is consistent with any interlocal planning
agreements.
b. Further studies made or accepted by the Department of Planning and
Development Services indicate changed conditions that show need for
the amendment.
c. The public interest will be served by approving the amendment. In
determining whether the public interest will be served, factors
including but not limited to the following shall be considered:
i. The anticipated effect upon the rate or distribution of population
growth, employment growth, development, and conversion of
land as envisioned in the comprehensive plan.
ii. The anticipated effect on the ability of the county and/or other
service providers, such as cities, schools, water and/or sewer
purveyors, fire districts, and others as applicable, to provide
adequate services and public facilities including transportation
facilities.
iii. Anticipated impact upon designated agricultural, forest and
mineral resource lands.
d. The amendment does not include or facilitate spot zoning.
Growth Management Act
9. The Growth Management Act (GMA) establishes planning goals in RCW
36.70A.020 to guide adoption of comprehensive plan amendments.
10. GMA Planning goal # 3 is to "Encourage efficient multimodal transportation
systems that are based on regional priorities and coordinated with county
and city comprehensive plans" (RCW 36.70A.020(3)).
Page 2 of 5
11. GMA planning goal # 12 is to "Ensure that those public facilities and services
necessary to support development shall be adequate to serve the
development at the time the development is available for occupancy and use
without decreasing current service levels below locally established minimum
standards" (RCW 36.70A.020(12)).
12. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must
include, among other things, a forecast of the future needs for such capital
facilities. The level of service provides a basis to project future needs.
County -Wide Planning Policies
13. County -Wide Planning Policy A-2 states that the County "... shall provide
opportunities for citizens to become involved in the growth management
planning process through various mechanisms, such as surveys, public
workshops, meetings, hearings, and advisory committees..."
Interlocal Agreements
14. There are no interlocal agreements that would prevent the subject
amendments.
Further Studies/Changed Conditions
15. The Lummi Island Ferry Advisory Committee was established by WCC 2.145
(adopted in 2012) to advise the County on a number of issues:
a. Review and provide recommendations on proposed changes to ferry
operations and fares; and
b. Review at least annually ferry revenue and expenditures, ferry fund
balance, and actual versus targeted fare return; and
c. Assist the county in collecting information from ferry riders on actual
and desired ferry services, concerns, and ideas for improved service;
and
d. Analyze and develop recommendations to continue and improve the
cost effective operation of ferry service to Lummi Island; and
e. Research, review, and make recommendations regarding ferry
replacement, long-term planning, parking, transportation to and from
ferry docks, alternative docking locations, alternative funding sources,
and other major capital and operational issues regarding ferry service
to Lummi Island.
16. The Lummi Island Ferry Advisory Committee proposed modifications to
Comprehensive Plan Policy 6A-1 relating to ferry level of service.
Page 3 of 5
17. The Lummi Island Ferry System Level of Service Alternatives Analysis Final
Report (July 5, 2018) was prepared by KPFF Consulting Engineers, Steer
Davies Gleave, Elliott Bay Design Group, and Progressions. Therefore,
Comprehensive Plan Policy 6C-9, relating to a ferry feasibility study, will be
deleted because the study is complete.
18. The Whatcom County Council endorsed the Lummi Island Ferry Advisory
Committee recommendations by approval of Resolution 2018-026 on July 24,
2018.
Public Interest
19. The subject Comprehensive Plan amendments relating to level of service
standards are intended to facilitate ferry service that meets future
community needs. These amendments were developed with the advice of
the Lummi Island Ferry Advisory Committee, which considered public input at
meetings and through surveys.
20. The subject Comprehensive Plan amendments address the provision of
adequate ferry service in the future. Planning for such service is in the public
interest.
Spot Zoning
21. The subject proposal does not involve rezoning property.
CONCLUSION
The subject Whatcom County Comprehensive Plan amendments are consistent with
the approval criteria in WCC 22.10.060.
Page 4 of 5
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Whatcom County Comprehensive Plan (Chapter 6,
Transportation) is hereby amended as shown on 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.
ADOPTED this 27th day of Jul
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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ATTEST,,,°°
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Dana Blown- bpi"s ncil;Clerk
2i zto
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�n o�i�t
APPROVEb`,as to, form:
/s/ Karen Frakes, approved electronically
Civil Deputy Prosecutor
, 2021.
i
Ba ,ry uchanan, Chairperson
Approved ( ) Denied
Satpal Si hu, Executive
Date:
Page 5 of 5
Exhibit A
Whatcom County Comprehensive Plan Amendments
Chapter 6 (Transportation)
Ferry service to Lummi Island does not comprise an arterial or transit route,
therefore it is not subject to concurrency under GMA. It is, however, the only point
of access for Lummi Island. For the purposes of future infrastructure planning, a
LOS standard for the Lummi Island ferry s��� s i3te e e ,a�tafb�e
e� ips Iaii a Lu �T Ira, d �trr is established in Policy 6A-i2-.
Policy 6A-1: Establish the following levels of service (LOS) for purposes of
maintaining transportation concurrency:
The Level of Service (LOS) standard for county arterials and
major collectors located outside of urban growth areas
during weekday p.m. -peak hours is C or better, except for
specified primary routes as shown on Map 6-3, which shall
have a LOS of D or better.
• The LOS standard for county arterials and major collectors
within urban growth areas not associated with cities during
weekday p.m. peak hours is D or better, which may be
reduced for concurrency evaluation purposes in accordance
with Policy 6A-4.
• The LOS standard for county arterials and major collectors
within city urban growth areas weekday during p.m. peak
hours is D or better, which may be reduced for concurrency
evaluation purposes in accordance with Policy 6A-4.
• Coordinate with Whatcom Transportation Authority to ensure
adequate transit service, in accordance with the level of
service standards established in its current strategic plan.
• N,ihlic Works shall establish �r�rfon ��ar�ce rneLrir to monitor
service perormance of the L�.��r�rrri Islai��:i ferry svt��m_. _This
will include _a_week Iona count of least:, every, quarter ill both
s_ai,ling...direct._i_ons. ,,,„.This...._counf:.....vvill ._i_ilc-lUde percent ca.pacit.y.
ranWti.rrie performance, _._U_t�_ci_t:h_e._,nu_rr_I�e_t�.._ot.__vehicle_s,left ill tile
qleue f he count shall_he cornpared to the desired level of
service of.no more than two__,_sailinq waits during avei�e-
yyeekdav _peak__periiods...
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NOTE: Re -number existing Policy 6C-10 to 6C-9