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HomeMy WebLinkAboutres2025-047Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 y ` Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2025-813 File ID: AB2025-813 Version: 1 Status: Approved File Created: 11/06/2025 Entered by: KOos@co.whatcom.wa.us Department: Council Office File Type: Resolution Assigned to: Council Committee of the Whole Final Action: 12/09/2025 Agenda Date: 12/09/2025 Enactment #: RES 2025-047 Related Files: Primary Contact Email: koos@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution amending Resolution 2025-027 to docket an additional Comprehensive Plan and zoning amendment related to Whatcom County Code 20.51 to strengthen protection of the Lake Whatcom Watershed SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: None. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 12/09/2025 Council Committee of the Whole RECOMMENDED FOR APPROVAL Aye: 5 Buchanan, Donovan, Elenbaas, Galloway, and Scanlon Nay: 2 Byrd, and Stremler 12/09/2025 Council APPROVED Aye: 4 Buchanan, Donovan, Galloway, and Scanlon Nay: 2 Elenbaas, and Stremler emp Absent: 1 Byrd Attachments: Memo, Proposed Resolution, Presentation Whatcom County Page 1 Printed on 1211012025 Agenda Bill Master Report Continued (AB2025-813) Whatcom County Page 2 Printed on 1211012025 PROPOSED BY: GALLOWAY & DONOVAN INTRODUCTION DATE: DECEMBER 9, 2025 RESOLUTION NO. 2025-047 AMENDING RESOLUTION 2025-027 TO DOCKET AN ADDITIONAL COMPREHENSIVE PLAN AND ZONING AMENDMENT RELATED TO WHATCOM COUNTY CODE 20.51 TO STRENGTHEN PROTECTION OF THE LAKE WHATCOM WATERSHED WHEREAS, Lake Whatcom provides drinking water for over 100,000 people, approximately half of Whatcom County residents; and WHEREAS, in 1998, the Washington Department of Ecology placed Lake Whatcom on a list of polluted water bodies due to low levels of dissolved oxygen largely caused by excess phosphorus carried into the lake by stormwater runoff; and WHEREAS, in 1998, Whatcom County, the City of Bellingham, and the Lake Whatcom Water and Sewer District established the Lake Whatcom Management Program (Interlocal Agreement No. 980913) to work towards the shared goal of lake protection; and WHEREAS, in 2016, the United States Environmental Protection Agency (EPA) approved the Lake Whatcom Total Maximum Daily Load (TMDL); giving Whatcom County and the City of Bellingham 50 years to implement the TMDL and meet water quality standards; and WHEREAS, in response to Lake Whatcom's low dissolved oxygen levels, Whatcom County and the City of Bellingham have created management programs and approved development code aimed at reducing the amount of phosphorus that enters the lake; and WHEREAS, at the June 4, 2025 Lake Whatcom Joint Councils and Commissioners meeting, Whatcom County and City of Bellingham staff gave a presentation on the two jurisdictions' land use codes and identified inconsistencies; and WHEREAS, in coordination with the Washington State Department of Ecology, Whatcom County and the City of Bellingham require private properties in the watershed to build private stormwater systems that slow and filter stormwater runoff to reduce the pollutants that reach the lake; and WHEREAS, while inspections of private stormwater systems are required for new developments in the watershed to ensure the initial functionality of the system (Whatcom County Code 20.51.420(3)), the County does not perform regular inspections to confirm these facilities work as intended over time; and WHEREAS, Policy 103-4 in the Whatcom County Comprehensive Plan states, "Work cooperatively with the City of Bellingham, the Lake Whatcom Water and Sewer District, and applicable associations and organizations to identify, review, and, as appropriate, recommend change to existing monitoring programs to better improve lake quality;" and WHEREAS, Policy 10J-12 in the Comprehensive Plan states, 'Review and modify (as needed) the current development review process for projects in the Lake Whatcom Watershed to ensure coordination with other jurisdictions to streamline regulations that improve and protect water quality;" and WHEREAS, Policy 3.1.1 in the Lake Whatcom Management Program 2025-2029 Work Plan states, "Coordinate with Lake Whatcom partners when developing or revising development regulations and create consistent development regulations between jurisdictions where feasible;" and WHEREAS, Policy 2.2.4 in the Lake Whatcom Management Program 2025-2029 Work Plan states, "Provide inspections and/or technical assistance to owners of private stormwater facilities and document performance toward water quality improvements for properly maintained systems;" and WHEREAS, Policy 2.2.5 in the Lake Whatcom Management Program 2025-2029 Work Plan states, "Provide resources and staff support to educate owners of private stormwater facilities about system needs and maintenance;" and WHEREAS, the County Council recognizes that implementing expanded private stormwater system inspections and technical assistance, and achieving full regulatory consistency with the City of Bellingham will require additional staff resources, sustainable funding, and time to develop appropriate protocols and procedures; and WHEREAS, the Washington State Growth Management Act (RCW 36.70A.470) requires the County to consider the proposed docket of comprehensive plan and development regulation amendments on at least an annual basis; and WHEREAS, Whatcom County Code 22.10.020 requires Comprehensive Plan and development regulation amendments to be docketed for review by approval of a resolution by the County Council; and WHEREAS, on March 25, 2025 the County Council initiated proposed Comprehensive Plan and zoning amendments under Whatcom County Resolution 2025-013; and WHEREAS, on September 9, 2025 the County Council passed Resolution 2025-027 amending Resolution 2025-013 to add an additional item to the docket; and WHEREAS, the Council wishes to amend Resolution 2025-027 to add an item to the docket for further review related to creating consistency between Whatcom County (WCC 20.51) and City of Bellingham (BMC 16.80 and 15.42) phosphorus neutral development codes and expanding County private stormwater system inspections; and WHEREAS, any updates to Whatcom County Code should be based on best available science and best management practices. NOW THEREFORE BE IT RESOLVED that the Whatcom County Council hereby dockets for formal review the amendments shown on the attached Exhibit A. APPROVE�Qgthisi 9th day of _ � Tc ram` p� ATTEST;.®®A�®tea Cathy Halka- Clerk of heCouncil E Cif APPROVE: AS TO.F0.:� December , 2025. Christopher Quinn by email (10.10.2025/ko) Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON —7"�Ae N/� Kaylee Galloway, Council Clhair Exhibit A — Docket File # File Name Applicant Description Location Fee Waiver Granted? PLN2025- Birch Bay UGA Arnie Properties To designate a 4.77-acre parcel as Birch Bay Urban 7850 Blaine Road No 00001 Expansion (7850 LP Growth Area. The parcel is currently designated Blaine Road) Birch Bay Urban Growth Area -Reserve. PLN2025- Birch Bay UGA Calluna To designate six parcels in total 37.66 acre, as Birch Bay 3951111285570000, No 00002 Expansion (Koehn Properties LLP Urban Growth Area. The parcels are currently 3951111285340000, Road Area) designated RSA. 3951111285470000, 3951111415220000, 3951111415100000, 3951111455010000 PLN2025- Impervious Surface Bellingham The Bellingham School District (District) is requesting a Countywide Yes 00003 Code Amendments School District Development Regulation Amendment that exempts (Bellingham School #501 public schools from the limitation of impervious District Application) surfaces in the Water Resource Protection Overlay District. PLN2025- Whatcom County Whatcom Review and revise the Whatcom County Zoning Code Countywide N/A 00004 Code Amendments County and other sections of the County Code to implement Comprehensive Plan policies and/or address issues identified in the administration of the codes. Revisions needed to achieve consistency with the Growth Management Act may also be considered. PLN2025- CIP Capital Facilities Whatcom Amend the capital facilities element of the Whatcom Countywide N/A 00005 Planning County County Comprehensive Plan, including the Seven Year Capital Facilities Program Appendix F. PLN2025- Agriculture Storage Whatcom Amend WCC Chapter 20.40 Agriculture (AG) District Agriculture Zone N/A 00006 County Council to include agriculture storage as a primary permitted use. PLN2025- Lake Whatcom Whatcom Amend WCC Chapter 20.51 Lake Whatcom Lake Whatcom N/A 00007 Watershed County Council Watershed Overlay District to require phosphorus watershed neutral development and evaluate the feasibility of Phosphorus Neutral Development Code expanded homeowner outreach and inspection of private stormwater systems. PLN2024- Clean Energy Code Whatcom Amendments to the Whatcom County Code to support Countywide N/A 00005 Amendments County Council solar energy, geothermal energy, and hydrogen energy in accordance with Resolution 2023-044. PLN2023- 2025 Whatcom Review and revise the Whatcom County Comprehensive Countywide N/A 00001 Comprehensive County Plan and development regulations to ensure compliance Plan, Development with the requirements of RCW 36.70A. Review urban Regulation, and growth areas and densities permitted within urban UGA Update growth areas in conjunction with the Cities. If necessary, revise urban growth areas and/or associated development regulations to accommodate the urban growth projected for the succeeding twenty-year period. PLN2019- MRL Expansion - Concrete Amend the comprehensive plan designation from Rural Parcel # No 00002 Breckenridge Rd. Nor' West to Mineral Resource Lands (MRL) and amend the zoning 400428 165430 and a map to expand a MRL overlay zone on approximately portion of parcel 22.8 acres off Breckenridge Rd., east of Nooksack. The #400428 254460; underlying zoning is Rural one dwelling/five acres (R5A). Within the NW and NE Y. of section 28, T40N, R4E, W.M. PLN2017- MRL County -wide Whatcom Through a county -led countywide assessment, seek to Countywide N/A 00004 Designation County identify and designate potential commercially significant Process mineral resource lands, to meet future demand, compatible with water resources, agricultural lands, forest lands and other GMA goals pursuant to Comprehensive Plan Policy 811-1. PLN2015- 00003 Code Enforcement Amendments Whatcom County Create a new Whatcom County Code (WCC) Chapter 22.15, called "Code Compliance Procedures" to establish an efficient system to address enforcement of building, critical areas and zoning codes. The proposal would consolidate the existing code enforcement provisions from WCC 15, 16.16, and 20 into a new WCC 22.15. N/A N/A PLN2012- Agricultural Whatcom Resolution 2018-027 was approved by the County Proposal relates to N/A 00007 Strategic Plan County Council on 8/8/2018 declaring support for the updated Agricultural and Implementation Whatcom County Agricultural Strategic Plan. Rural lands Immediate priorities in this plan include reviewing designation of Agricultural Lands of Long-term Commercial Significance and the agricultural zoning code. Reviewing the Rural Study Areas as listed in the 2007 Rural Land Study and making recommendations for possible changes in accordance with Resolution 2009-040 (100,000 acre target), Resolution 2018-027 (Updated Agricultural Strategic Plan) and RCW 36.70A.170 and .177 will be included. Other short-term and medium -term priorities in this plan include development of policies and regulations that provide for protection of the best agricultural areas while supporting development at zoned densities and continued work on development of the Natural Resource Marketplace. These activities may lead to proposed changes to the agricultural portions of the Comprehensive Plan and zoning regulations. PLN2012- MRL Expansion — Ferndale Ready Amend the comprehensive plan designation from Rural Parcel #390110 N/A 00009 North Star Rd. Mix & Gravel to Mineral Resource Lands (MRL) and amend the 212100; Within the SW zoning map to expand a MRL overlay zone on % of section 10, T39N, approximately 19.7 acres on the west side of North Star RIE W.M. Rd., south of Brown Rd. The underlying zoning is Rural one dwelling/five acres (115A).