HomeMy WebLinkAboutord2013-028 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-180
CLEARANCES Initial Date Dale Received in Council Office Agenda Dale Assigned to:
Originator: ` 5/7/2013 Introduction
Gary Davis /,/t 3
Division Head: ,` n 5/21/2013 SCOTW/Hearing
4
Mark Personious % 5 1 ,-15 L i W 6/04/2013 SCOW
Dept.Head:
Sam Ryan . 7. MAY 142013 6/18/2013 Public Hearing
Prosecutor:
Royce Buckingham - ^13 WHATCOM COUNTY
Purchasing/Budget:
4 1 COUNCIL
Executive:Jack Louws ( lev
TITLE OF DOC 'ENT:
Ordinance amending WCC Title 20, zoning maps, CP & maps, related to rural zoning
ATTACHMENTS:
1. Proposed Ordinance, including draft amendments and Findings of Fact and Reasons for Action
2. Staff Memorandum
SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X t) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO Requested Date
'The Council must hold a hearing if they want to change the Planning Commission's
recommendation/WCC 2.160.100(2)1.
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.)
A proposed ordinance to amend the Whatcom County Comprehensive Plan Chapter Two (Land Use); Whatcom County
Code Title 20 (Zoning) Chapters 20.32 Residential Rural (RR)District, 20.34 Rural Residential-Island (EI) District,20.36
Rural (R) District, 20.37 Point Roberts Transitional Zone(TZ)District, 20.71 Water Resources Protection Overlay, 20.80
Supplementary Requirements, 20.82 Public Utilities, and 20.97 Definitions; Whatcom County Code Title 24 (Health)
Chapter 24.11 Drinking Water; and to amend the Whatcom County Comprehensive Plan Map 8 (Land Use Designations)
and the official zoning map in the areas generally described as Birch Bay-Lynden &Valley View, Fort
Bellingham/Marietta,North Bellingham, Smith & Guide Meridian, and Welcome.
COMMITTEE ACTION: COUNCIL ACTION:
5/21/2013: Discussed in executive session 5/07/2013: Introduced
5/21/2013: Discussed. Public Hearing tonight. Schedule 5/21/2013: Referred to COTW June 4. Record held open to
in special COTW on, June 4 for discussion & amendments. May 31, 2013, at 4:30 p.m.
6/04/2013: Discussed in executive session 6/04/2013: Introduced Substitute version 6-1, Weimer
6/04/2013: Amended in SCOTW opposed
6/18/2013: Council Adopted 5-2, Mann & Weimer opposed
Ord. 2013-028
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
PLN2012-00012 Ord. 2013-028
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE: 5/7/2013
ORDINANCE NO. 2013-028
ORDINANCE AMENDING WHATCOM COUNTY ZONING CODE TITLE 20, THE
OFFICIAL WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATING TO
RURAL LAND USE PLANNING
WHEREAS, the Washington State Growth Management Act (GMA) requires
Whatcom County to include a rural element in its Comprehensive Plan that governs
rural development; and
WHEREAS, time is of the essence to complete the revisions of Whatcom
County's rural element due to an order of the Western Washington Growth
Management Hearings Board in Futurewise v. Whatcom County, Case No. 11-2-
0010c; and
WHEREAS, the recommended amendments have been considered by the
Whatcom County Planning Commission, the Whatcom County Council Planning and
Development Committee and the Whatcom County Council; and
WHEREAS, legal notice requirements have been met; and
WHEREAS, the County Council finds the Comprehensive Plan and zoning
amendments in the interest of the public health, safety, and welfare, based on the
following findings and conclusions:
FINDINGS OF FACT:
1) Whatcom County proposes amendments to its Comprehensive Plan, Zoning
Code, and Zoning Maps in response to the Washington State Growth
Management Hearings Board's January 4, 2013 Compliance Order (GMHB No.
11-2-0010c).
2) An addendum to the May 1, 2009 determination of non-significance (DNS) was
issued under the State Environmental Policy Act (SEPA) on April 12, 2013.
3) The proposed amendments were posted on the County website on March 11,
2013.
4) Notice that the proposal had been posted on the County website was sent to
citizens, citizens groups, cities, service providers, media and other groups on the
County's e-mail list on March 11, 2013.
5) Notice of the subject amendment was submitted to the Washington State
Rural Element Ordinance June 18,2013
Department of Commerce on March 11, 2013.
6) Notice of the Planning Commission hearings for the subject amendment was
published in the Bellingham Herald on March 16, 2013.
7) Notice of the Planning Commission hearing for the subject amendment was
posted on the County's website on March 8, 2013.
8) The Planning Commission held a public hearing on the subject amendment on
March 28, 2013.
GMA Requirements
9) The Washington Growth Management Act (GMA) requires county comprehensive
plans to include a rural element that protects the county's established rural
character by containing or otherwise controlling rural development.
10) GMA (RCW 36.70A.070(5)(a)) allows counties to consider local circumstances
in its rural element but requires counties to develop a written record explaining
how the rural element harmonizes the planning goals in RCW 36.70A.020 and
meets the requirements of RCW 36.70A. (See Conclusions 2 and 3 below).
11) GMA allows, but does not require, counties to designate "limited areas of
more intensive rural development" (LAMIRDs) (RCW 36.70A.070(5)(d)) and
describes three types of development patterns that may be considered
LAMIRDs:
a) Type I: "Rural development consisting of the infill, development, or
redevelopment of existing commercial, industrial, residential, or mixed-use
areas, whether characterized as shoreline development villages, hamlets,
rural activity centers, or crossroads developments...Any development or
redevelopment in terms of building size, scale, use, or intensity shall be
consistent with the character of the existing areas." (RCW
36.70A.070(5)(d)(i)) In RCW 36.70A.070(5)(d)(iv), GMA states, "Existing
areas are those that are clearly identifiable and contained and where there is
a logical boundary delineated predominately by the built environment, but
that may also include undeveloped lands as provided in this subsection."
GMA requires counties to establish logical outer boundaries for areas of more
intensive rural development and describes considerations that must be
addressed in establishing those boundaries Per RCW 36.70A.070(5)(d)(v),
existing areas are those that existed on July 1, 1990.
b) Type II: "The intensification of development on lots containing, or new
development of, small-scale recreational or tourist uses, including
commercial facilities to serve those recreational or tourist uses, that rely on a
rural location and setting but that do not include new residential
development..." (RCW 36.70A.070(5)(d)(ii)
c) Type III: "The intensification of development on lots containing isolated
nonresidential uses or new development of isolated cottage industries and
isolated small-scale businesses that are not principally designed to serve the
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Rural Element Ordinance June 18,2013
existing and projected rural population and nonresidential uses , but do
provide job opportunities for rural residents..." (RCW 36.70A.070(5)(d)(iii)
12) GMA requires that the rural element of a county comprehensive plan provide
for a variety of rural densities, uses, essential public facilities, and rural
governmental services needed to serve the permitted densities and uses, and
allows counties to use innovative zoning techniques that will accommodate
appropriate rural densities and uses that are consistent with rural character.
13) GMA requires that the rural element of a county comprehensive plan provide
measures governing rural development that protect the rural character by:
a) Containing or otherwise controlling rural development;
b) Assuring visual compatibility of rural development with the surrounding rural
area;
c) Reducing the inappropriate conversion of undeveloped land into sprawling,
low-density development in the rural area;
d) Protecting critical areas, as provided in RCW 36.70A.060, and surface and
ground water resources; and
e) Protecting against conflicts with the use of agricultural, forest, and mineral
resource lands designated under RCW 36.70A.170.
14) GMA requires local governments that are required or choose to plan under
GMA to utilize a process established by the Washington State Attorney General
to assure that proposed regulatory or administrative actions do not result in an
unconstitutional taking of private property. (RCW 36.70A.370) The Whatcom
County Prosecutor's office informed the Planning Commission and County
Council of this requirement and, in accordance with Attorney General's Advisory
Memorandum, advised them regarding the proposed amendments with respect
to avoiding unconstitutional taking of private property.
15) The legislature finds that to retain and enhance the job base in rural areas,
rural counties must have flexibility to create opportunities for business
development. Further, the legislature finds that rural counties must have the
flexibility to retain existing businesses and allow them to expand. (RCW
36.70A.011)
Growth Management Hearings Board Decisions: Futurewise vs. Whatcom
County
16) In Futurewise v. Whatcom County and Gold Star Resorts, Inc. (#05-2-0013
Sept. 20, 2005 Final Decision and Order), the Western Washington Growth
Management Hearings Board (WWGMHB) found Whatcom County out of
compliance on three issues: The policies pertaining to Small Town, Crossroads
Commercial, Resort and Recreational Subdivision, Suburban Enclave, and
Transportation Corridor land use designations allow the creation of more
intensive areas of rural development that do not comply with RCW
36.70A.070(5)(d); The Rural Residential zones (RR-1, RR-2, RR-3), Eliza Island
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Rural Element Ordinance June 18,2013
(EI) zone, Rural two-acre (R-2A), and Rural Residential Island (RRI) zones allow
residential densities that are not rural in the rural areas and are not in limited
areas of more intensive rural development per RCW 36.70A.070(5)(d); and
Urban Residential three-per-acre (UR-3) zoning in urban growth areas (except
the UR-3 in Lake Whatcom watershed and the airport hazard area) failed to
achieve appropriate urban densities.
17) In June, 2007 Whatcom County rezoned approximately 1,700 acres in the
Ferndale and Everson UGAs to UR-4 in 2007 (Ord. 2007-030 and 2007-045) to
address the urban density noncompliance issue in the September 20, 2005
Futurewise v. Whatcom County and Gold Star Resorts, Inc. decision.
18) The WWGMBH issued a finding of compliance on the urban density issue on
August 30, 2007.
19) The September 20, 2005 Futurewise v. Whatcom County and Gold Star
Resorts, Inc. decision relating to the land use designations and rural density
issues was reversed in Whatcom County Superior Court in 2006. The Superior
Court decision was, in turn, reversed by the Division I Court of Appeals in 2007,
which reinstated the 2005 WWGMHB decision and ordered Whatcom County to
comply with that decision (140 Wn. App. 378). In December, 2009 the
Supreme Court of the State of Washington reversed the Court of Appeals'
holding that the hearings board did not improperly apply a bright line in
addressing the challenge to Whatcom County's rural densities, but affirmed the
Court of Appeals' decision that Whatcom County's comprehensive plan did not
comply with the Growth Management Act's LAMIRD provisions. The Supreme
Court remanded the rural density challenge to the Hearings Board for
reconsideration without applying a bright line rule, and ordered Whatcom
County to "revise its comprehensive plan to conform to the LAMIRD provision of
the Growth Management Act and then apply the statutory criteria to establish
appropriate areas of more intensive rural development." (167 Wn.2d 723, 735,
222 P.3d 791)
20) In August, 2009 Whatcom County amended Whatcom County Code (WCC)
Chapter 20.34 Rural Residential - Island District (one of the zones found to be
out of GMA compliance in the 2005 Futurewise vs. Whatcom County decision) to
change the required minimum lot size from three acres to five acres (Ord. 2009-
062).
21) On May 10, 2011, Whatcom County adopted Ordinance 2011-013, amending
the Comprehensive Plan and zoning code in response to the 2005 Growth
Management Hearings Board (GMHB) decision and the 2009 Supreme Court
decision.
22) In 2011 the Washington Supreme Court issued a ruling in Kittitas County
(172 Wash.2d 144) regarding the GMA requirement that county comprehensive
plans must contain measures that protect the rural character.
23) On September 9, 2011, the GMHB Order Following Remand from the
Supreme Court regarding the remaining rural density from case #05-2-0013
(remanded by the 2009 Supreme Court decision) found Ordinance 2011-013's
retention of rural zoning with density of one dwelling per two acres was
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Rural Element Ordinance June 18,2013
compliant with the GMA because it was limited to areas in which similar
densities had already been established.
24) On November 9, 2011, Whatcom County adopted Ordinance 2011-043,
making modifications to Ordinance 2011-013, including changing Rural
Residential Density Overlay provisions and restricting location of certain
commercial and industrial zoning districts.
25) The January 9, 2012 GMHB Final Decision and Order (FDO) in Futurewise et
al v. Whatcom County (#11-2-0010c) found the amendments adopted under
Ordinance 2011-013 out of compliance with respect to several issues involving
Comprehensive Plan policies, LAMIRD boundaries and development regulations,
and found invalidity on some of those issues.
26) The January 4, 2013 GMHB Compliance Order in Future wise et al v. Whatcom
County (#11-2-0010c) found some amendments adopted under Ordinance
2012-032 out of compliance with respect to several issues involving
Comprehensive Plan policies,.LAMIRD boundaries and development regulations,
and found invalidity on some of those issues.
27) The January 4, 2013 GMHB Compliance Order in Futurewise et al v. Whatcom
County (#11-2-0010c) found the population monitoring requirements of Policy
2DD-1 adopted by Ordinance 2012-032 does not create an internal
inconsistency which violates GMA and is a "measure to contain and control rural
development" that complies with GMA.
28) The January 4, 2013 GMHB Compliance Order in Futurewise et al v. Whatcom
County (#11-2-0010c) found the establishment of Rural Neighborhoods by
Ordinance 2012-032, based on 2011 development patterns of established higher
rural densities, is compliant with GMA. However, the order found the boundaries
of the Fort Bellingham/Marietta, North Bellingham, and Welcome Rural
Neighborhoods create an internal inconsistency because of the number of large
lots included within those boundaries.
Other Relevant Growth Management Hearings Board Decisions
29) Regarding the term "built environment," the built environment includes those
facilities which are manmade, whether they are above or below ground, and the
built environment must predominate within a LAMIRD, though it may include
limited undeveloped lands. (Anacortes vs. Skagit County, Case No. 00-2-0049c,
Final Decision and Order, February 6, 2001)
30) The WWGMHB found that RCW 36.70A.115 does not impose an obligation on
counties to conduct a needs and capacity analysis for areas outside the UGAs
and that provision does not require a rural lands analysis but instead merely
requires the County to ensure sufficient capacity of land for development to
accommodate the growth allocated in the County's countywide planning policies.
(Friends of Skagit County vs. Skagit County, Case No. 07-2-0025c, Final
Decision and Order, pp-43-43, May 12, 2008)
31) The WWGMHB found the uses a county allows within LAMIRDs designated per
RCW 36.70A.070(5)(d)(i) must be consistent with (though not necessarily the
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Rural Element Ordinance June 18,2013
same as) the uses as of July 1, 1990, and allowance of a broader range of uses
as conditional uses is not compliant with GMA. (Dry Creek Coalition and
Futurewise vs. Clallam County, Case No. 07-2-0018c, Final Decision and Order,
April 23, 2008)
32) The WWGMHB found Clallam County's Rural Neighborhood Conservation (NC)
Overlay (Clallam County Code 33-10-015), which permits rural densities outside
LAMIRDs greater than one dwelling per five acres based on a calculation of the
density of developed lots within 500 feet of a property, to be compliant with the
Growth Management Act. The Board stated, "Because infill allowed by the NC
overlay is limited to neighborhoods that have already been substantially
developed, this will not lead to the 'inappropriate conversion of undeveloped
lands into sprawling, low-density development..."', a reference to Goal 2 of the
GMA. (Dry Creek Coalition and Futurewise v. Clallam County, WWGMHB No. 07-
2-0018c, Compliance Order, November 3, 2009, p.10)
33) The Washington State Supreme Court has held that a growth management
hearings board cannot base its evaluation of a county's permitted rural densities
on a "bright line" rural density of one dwelling per five acres. (Thurston County
vs. Western Washington Growth Management Hearings Board, 164 Wn.2d 329,
190 P.3d 38, 2008; and Gold Star Resorts vs. Futurewise and Whatcom County,
167 Wn.2d 723, 735, 222 P.3d 791, December 17, 2009)
34) The WWGMHB found Whatcom County used appropriate Type I LAMIRD
criteria to revise its comprehensive plan designation boundary in the Lake
Samish area. (Leenstra vs. Whatcom County, WWGMHB Case No. 03-2-0011,
Final Decision and Order, September 26, 2003)
35) The WWGMHB found Jefferson County was not clearly erroneous when it
designated a LAMIRD adjacent to an urban growth area where the City of Port
Townsend had decided it was inappropriate to expand its urban growth area.
(People for a Liveable Community, Jim Lindsay, et al. vs. Jefferson County,
WWGMHB Case No. 03-2-0009c, Final Decision and Order, August 22, 2003)
36) The WWGMHB found that the use of the term "or" rather than "and" in RCW
36.70A.070(d)(i)(C) "appears to indicate a Legislative determination that the
factors of building size, scale, use, or intensity are ones that may be considered
in determining the character of the existing area, but that development is not
required to meet every one of those parameters. If the Legislature had
intended to use the word 'and' in the statute, they would have done so." (Dry
Creek Coalition vs. Clallam County, WWGMHB Case No. 08-2-0033, Final
Decision and Order, June 12, 2009, p.8)
Whatcom County Policy and Requirements
37) WCC 2.160.080 requires that, in order to approve the proposed
comprehensive plan amendments the Planning Commission and County Council
must find all of the following:
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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.
e) Urban growth area amendments that propose the expansion of an urban
growth area boundary are required to acquire development rights from a
designated TDR sending area, with certain exceptions.
38) Whatcom County's County-wide Planning Policies include policies related to
rural lands:
a) County-wide Planning Policy B.1 states, "The county shall work with citizens
to define a variety of types of rural areas based on the characteristics and
needs of different areas."
b) County-wide Planning Policy B.2 states, "The county shall discourage urban
level development outside Urban Growth Areas and outside of areas currently
characterized by a development threshold greater than a rural development
density."
c) County-wide Planning Policy B.3 states, "Whatcom County shall promote
appropriate land uses and allow for infill within rural settlements
characterized by existing commercial industrial, and intensive residential
development greater than a rural development density. These areas should
be clearly delineated and not expanded beyond logical outer boundaries in
accordance with RCW 36.70A.070(5). Impacts on rural character, critical
areas and other economic considerations as well as the availability of capital
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facilities and rural levels of service must be considered before allowing infill
in these areas."
d) County-wide Planning Policies P.1 and P.2 reflect GMA Planning Goal (6)
(RCW 36.70A.020(6), which states private property shall not be taken for
public uses without just compensation, and Whatcom County Charter Section
1.11, which states no regulation or ordinance shall be drafted and adopted
without consideration of and provisions for compensation to those unduly
burdened.
Public Participation
39) Whatcom County's County-wide Planning Policies include policies related to
citizen involvement:
a) County-wide Planning Policy A.2 states, "The county and the cities 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."
b) County-wide Planning Policy A.4 states, "Citizen comments and viewpoints
shall be incorporated into the decision-making process in development of
draft plans and regulations. Consideration of citizen comments shall be
evident in the decision-making process."
40) Whatcom County's Rural Element update process has provided extensive
citizen participation opportunities since it began in late 2008. The Whatcom
County Planning Commission held open work sessions on the most recent set of
proposed amendments on March 14, March 28, April 11, and April 25, 2013 and
held a public hearing on March 28, 2013. The County Council held open work
sessions on May 21 and June 4, 2013, and held a public hearing on May 21,
2013. Since publication of the first draft amendments on March 11, 2013, the
most current draft amendments have been continuously posted on the County's
web site, as have all documents presented to the Planning Commission and all
written public comments. Whatcom County Planning and Development Services
has sent e-mail notifications to interested parties regarding upcoming events
and posted drafts on January 7, January 25, March 7, March 11, March 28, April
1, April 5, April 29, May 7, May 17, and May 22, 2013.
CONCLUSIONS:
1) The proposed amendments are consistent with the goals and requirements of
the Washington Growth Management Act (GMA) and are in the public interest,
and the proposed amendments to Whatcom County Code and the Official Zoning
Maps are consistent with the Comprehensive Plan.
2) The rural element of the Comprehensive Plan harmonizes the GMA planning
goals in RCW 36.70A.020.
a. Urban growth. Comprehensive Plan Policy 2DD-1 encourages development
in urban areas by concentrating growth in urban areas per the adopted
population projections and monitoring rural growth and taking actions as
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necessary to keep rural growth consistent with adopted projections. The
proposed amendments do not affect this policy.
b. Reduce sprawl. Proposed Comprehensive Plan Policy 2DD-8 and policies
guiding growth within rural land use designations (under Goals 2GG, 2JJ,
2KK, 2LL) reduce the inappropriate conversion of undeveloped land into
sprawling, low density development in the rural area through use of
LAMIRDs with clearly defined boundaries and criteria for creating or
changing those boundaries consistent with RCW 36.70A.070(5)(d).
Policies 2MM-1 and 2 control and contain areas of higher rural densities.
The proposed amendments do not affect these policies.
c. Transportation. Comprehensive Plan Policy 2DD-1, which encourages
growth in urban areas and keeps rural growth consistent with adopted
projections, is consistent with effective planning of efficient countywide
multimodal transportation systems. Policies 2FF-1, 2FF-2, 2FF-4 and the
text describing rural character and lifestyle support rural employment
opportunities, which can reduce vehicle trips from rural to urban areas.
The proposed amendments do not affect these policies.
d. Housing. Comprehensive Plan Policies 2GG-2 and 2GG-3, in conjunction
with the development regulations in WCC 20.32 Residential Rural District
and 20.36 Rural District, allows for residential development at a variety of
densities appropriate to established rural character and development
patterns. The proposed amendments change Policy 2GG-3 to restrict
rezones from R10A zoning in order to better ensure a variety of rural
densities.
e. Economic development. Comprehensive Plan Policies 2DD-8, 2DD-9, 2EE-
8, 2FF-1, 2FF-2, 2FF-3, 2FF-4, and 2JJ-5 support retention and expansion
of existing businesses in rural areas within the capacity of natural
resources and appropriate levels of rural services. The proposed
amendments do not affect these policies.
f. Property rights. Neither the rural element nor the process leading to its
adoption has taken private property for public use without just
compensation or involved arbitrary and discriminatory actions. On March
28, 2013 the Planning Commission was briefed on the Attorney General's
Advisory Memorandum on Avoiding Unconstitutional Takings of Private
Property, and on May 21, 2013 the County Council was briefed on the
memorandum, per RCW 36.70A.370.
g. Permits. Nothing in the rural element prevents permit applications from
being processed in a timely and fair manner.
h. Natural resource industries. Comprehensive Plan Policy 2FF-2 and
development regulations in WCC 20.69 Rural Industrial/Manufacturing
District support resource-based industries. Policies 2DD-2.D, 2FF-3, 2GG-
4 support minimizing conflicts with resource uses. The proposed
amendments do not affect these policies.
i. Open space and recreation. Policies 2DD-2.A.2, 2DD-2.A.3, 2DD-2.B,
2DD-2.C, which adopt by reference various development regulations,
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provide measures to assure visual compatibility with surrounding rural
areas, reserve open space through lot clustering, and to protect wildlife
habitat and water resources. The proposed amendments to the lot
clustering provisions of WCC chapters 20.32, 20.34, and 20.36, and the
definitions of"reserve area" and "reserve tract" (WCC 20.97.344 and
.345) provide enforceable standards and prohibit residential development
of reserve areas while in the Rural designation.
j. Environment. Policy 2DD-2.C, which adopts by reference various
development regulations, provides measures to protect critical areas and
surface and ground water resources. The proposed amendments do not
affect this policy.
k. Citizen participation and coordination. Throughout the process to develop
and adopt amendments to the rural element, citizens and local
jurisdictions have been kept informed and invited to participate through
use of e-mail and internet.
I. Public facilities and services. Policy 2DD-2.A.4, which adopts by reference
WCC 20.80.212 Concurrency, ensures that no subdivision, commercial
development or conditional uses be approved without a written finding
that service providers have adequate capacity to serve the development
and that no County facilities will be reduced below applicable levels of
service as a result of the development. The proposed amendments do not
affect this policy.
m. Historic preservation. Policy 2DD-7 supports maintaining the historic
character and cultural roles of each rural area and community. The
proposed amendments do not affect this policy.
3) The rural element of the Comprehensive Plan and the county development
regulations, as amended, meet the requirements of the Growth Management
Act, RCW 36.70A.
a. The rural element includes measures that protect the rural character per
RCW 36.70A.070(5)(c) in Policies 2DD-1, 2DD-2, 2GG-2, 2GG-3, and
2MM-1-4. The proposed amendments change the boundaries of the Fort
Bellingham/Marietta, North Bellingham, and Welcome Rural
Neighborhoods so that they are consistent with the policies under Goal
2MM, and amend Comprehensive Plan descriptions of Rural
Neighborhoods pertaining to Goal 2MM so that the intention to designate
Rural Neighborhoods based on higher rural densities is clear.
b. The rural element provides for limited areas of more intensive rural
development, limited per the requirements of RCW 36.70A.070(5)(d), in
policies 2HH-1 through 3, 2JJ-1 through 8, 2KK-1 and 2, and 2LL-1-4. The
proposed amendments do not affect these policies.
c. The rural element contains a description of rural character and lifestyle
that considers local circumstances as permitted in RCW 36.70A.070(5)(a),
and contains the GMA definition of rural character per RCW
36.70A.030(15). The proposed amendments do not affect that
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Rural Element Ordinance June 18,2013
description.
d. Policies 2DD-8, 2DD-9, 2EE-8, 2FF-1, 2FF-2, 2FF-4, and 2JJ-5 support
retention and expansion of existing businesses in rural areas, as
supported by RCW 36.70A.011. The proposed amendments do not affect
these policies.
e. Comprehensive Plan policies describing rural land use designations and
rural services (under Goals 2EE, 2GG, 2JJ, 2KK, 2LL, and 2MM), and the
development regulations that implement those policies, are consistent
with RCW 36.70A.070(5)(b), which requires the rural element to provide
for a variety of rural densities, uses, essential public facilities and rural
governmental services. The proposed amendments change Policy 2GG-3
to restrict rezones from R10A zoning in order to better ensure a variety of
rural densities.
f. Policies 2DD-2.A.2, 2DD-2.A.3, 2DD-5, 2DD-6, 2GG-6, and 2MM-2
support innovative techniques, consistent with RCW 36.70A.070(5)(b).
The proposed amendments amend the lot clustering provisions referenced
in Policy 2DD-2.A.2 to provide enforceable standards and to prohibit
residential development in reserve areas.
g. The County has evaluated the Comprehensive Plan and development
regulation amendments to ensure that they do not result in an
unconstitutional taking of private property, per RCW 36.70A.370. On
March 28, 2013 the Planning Commission was briefed on the Attorney
General's Advisory Memorandum on Avoiding Unconstitutional Takings of
Private Property, and on May 21, 2013 the County Council was briefed on
the memorandum, per RCW 36.70A.370.
4) The amendments to the rural element of the Comprehensive Plan and the
county development regulation resolve the noncompliance and invalidity findings
of the January 4, 2013 GMHB Compliance Order in Future wise et al v. Whatcom
County (#11-2-0010c):
a. Variety of Rural Densities: Comprehensive Plan Policy 2GG-3 restricts
rezonings from R10A to districts allowing higher densities based on
specific criteria, thus ensuring a variety of rural densities similar to that
which already exists. PDS staff estimates that about 40 R10A parcels, or
about 1,500 acres would be eligible for rezoning under this policy,
resulting in at least 20.6% of the rural lands remaining R-10A even if all
the eligible parcels were rezoned. PDS estimated that 21.8% of the rural
lands were zoned R10A with the adoption of Ordinance 2012-032.
b. Lot Clustering: Amendments to WCC Title 20 revise rural lot clustering
provisions to provide enforceable criteria and to prohibit residential
development within reserve areas while in the Rural designation. WCC
20.32.315, 20.34.315, and 20.36.315 require that an easement on the
subdivision plat shall establish a reserve area per the definition in WCC
20.97.344 that is protected in perpetuity so long as it is not within an
urban growth area. This establishes an agreement between the owner and
the County that is enforceable by the County. In the cluster design
11
Rural Element Ordinance June 18,2013
standards of WCC 20.32.310, 20.34.310, and 20.36.310, terms such as
"should" and "where practical" have been replaced with terms that can be
more effectively enforced. Reduction of required reserve area percentages
in the Rural (R) zone allows for flexibility of lot configuration similar to
existing conditions, without allowing residential development of reserve
areas. Reserve area percentages are not reduced in Agricultural
Protection Overlay areas, maintaining protection for agricultural uses in
the rural areas.
c. Rural Neighborhoods: Amended boundaries of the Fort
Bellingham/Marietta, North Bellingham, and Welcome Rural
Neighborhoods, along with the amendments to the zoning maps, exclude
several larger parcels in order to be more consistent with the 2011
development pattern of higher rural densities.
d. Water Lines: The amendments to WCC 20.82.030 and 20.97.452 clarify
that urban-scale water service cannot be extended into rural areas by
adding a definition of "transmission line" based on the definition in WAC
246-290-010(267), and by amending wording in the Health Code, WCC
20.11.050(C) which implied that service connections could be made to
transmission lines.
5) The County and property owners in affected areas have appealed several issues
on which the Board found the County out of compliance in its January 4, 2013
order. With the adoption of this ordinance, the County has opted not to take
action on these issues on appeal and, at the present time, does not intend to
take action until they are reviewed by the courts.
6) The subject comprehensive plan amendment complies with the approval criteria
of WCC 2.160.080, which requires that the County must find the following
criteria, are satisfied in order to approve the proposed comprehensive plan
amendment.
a. The amendment conforms to the requirements of Growth Management
Act, is internally consistent with the County-Wide Planning Policies and is
consistent with any interlocal planning agreements.
i. Growth Management Act
The amendments are consistent with the Growth Management Act as
described in Conclusions 3 and 4, above.
ii. County-Wide Planning Policies
County-wide Planning Policy B.1 states, "The county shall work with
citizens to define a variety of types of rural areas based on the
characteristics and needs of different areas." Beginning in November
of 2008, Whatcom County has engaged the public in the development
of the rural element amendments through public meetings, e-mail, and
12
Rural Element Ordinance June 18,2013
the County's web site. The proposed amendment to WCCP Policy 2GG-
3 ensures a variety of rural densities by restricting rezoning from R10A
to districts that allow higher density.
County-wide Planning Policy B.2 states, "The county shall discourage
urban level development outside Urban Growth Areas and outside of
areas currently characterized by a development threshold greater than
a rural development density." The proposed amendments retain
requirements that higher rural densities be contained in designated
LAMIRDs and Rural Neighborhoods, per WCCP Policy 2GG-2, and
remove land from the Fort Bellingham/Marietta, North Bellingham, and
Welcome Rural Neighborhoods.
County-wide Planning Policies P.1 and P.2 reflect GMA Planning Goal
(6) (RCW 36.70A.020(6), which states private property shall not be
taken for public uses without just compensation, and Whatcom County
Charter Section 1.11, which states no regulation or ordinance shall be
drafted and adopted without consideration of and provisions for
compensation to those unduly burdened. The Comprehensive Plan
amendments do not result in a taking of private property for public use
without compensation. On March 28, 2013 the Whatcom County
Prosecuting Attorney's office advised the Planning Commission on the
Attorney General's Advisory Memorandum on Avoiding
Unconstitutional Takings of Private Property, per RCW 36.70A.370.
iii) Whatcom County Comprehensive Plan
Proposed amendments to the Zoning Code regarding lot clustering and
water line extension are consistent with WCCP Policies 2GG-6 and 2EE-
4, respectively. Changes to Rural Neighborhood boundaries are
consistent with the criteria provided under WCCP Goal 2MM.
iv) Interlocal Agreements
The interlocal agreements between Whatcom County and the cities
require coordination on adopting population projections and reviewing
UGAs. The amendments do not adopt new population projections
without City-County coordination.
b. Further studies made or accepted by the department of planning and
development services indicate changed conditions that show need for
the comprehensive plan amendment.
The need for this Comprehensive Plan amendment and accompanying
Zoning Code and Zoning Map amendments is generated by the Growth
Management Hearings Board's January 4, 2013 Compliance Order.
13
Rural Element Ordinance June 18,2013
c. The public interest will be served by approving the comprehensive plan
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.
The proposed amendments either retain existing zoning intensities and
densities or reduce them in rural Whatcom County.
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.
No amendments are proposed that increase densities or intensity of
uses or increase the demand for services and facilities beyond levels
needed to serve development under existing zoning.
iii. Anticipated impact upon designated agricultural, forest and mineral
resource lands.
No amendments are proposed that increase adverse impacts on
designated resource lands.
d. The amendment does not include or facilitate spot zoning.
WCC 20.97.186 defines "illegal spot zoning" as "a zoning action by
which a smaller area is singled out of a larger area or district and
specially zoned for a use classification totally different from, and
inconsistent with, the classification of surrounding land and not in
accordance with the Comprehensive Plan. Spot zoning is zoning for
private gain designed to favor of benefit a particular individual or
group and not the welfare of the community as a whole." Rezonings
proposed under these amendments apply to areas, or to lots identified
by the Growth Management Hearings Board as not meeting GMA
requirements for inclusion in a LAMIRD, and therefore none meet this
definition of spot zoning.
' e. Urban growth area amendments that propose the expansion of an
urban growth area boundary shall be required to acquire development
rights from a designated TDR sending area, unless one of the
exceptions set forth in WCC 2.160.080(A)(5) applies to the
amendment.
14
Rural Element Ordinance June 18, 2013
No urban growth area amendments are proposed.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that:
Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown
in Exhibit A.
Section 2. The Whatcom County Official Zoning Code is hereby amended as shown
in Exhibit B.
Section 3. The Whatcom County Official Zoning Map is hereby amended as shown
in Exhibit C.
Section 4. 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.
ADO P�,Ep i^tk}iy. 18 day of June 2013.tio
� vo WHATCOM COUNTY COUNCIL
ATTE$ .'y�HA'TOO, .,' % WHATCOM COUNTY, WASHINGTON
•
"1411111141611trAl.
Dana"3ravVl�:'r; 134,vm+unrd Clerk Kathy Kershner, Council Chair
•
APPROVf .as,tr �f AT). Approv-d( ) Denied
Civil i �*ut Jack Lo ws, Exe utive
Date: wry a._.o ..2_0/ 3
15
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
Chapter Two
LAND USE
RURAL LANDS — INTRODUCTION
Rural Character and Lifestyle
Rural Whatcom County is the portion of the County not planned for either urban or
resource use and its character differs from that of the County's urban and resource
areas. While agriculture and forestry are practiced in the rural areas, it is generally on a
smaller scale than in the resource areas that are set aside specifically for those
purposes. The rural areas provide an important buffer between urban areas and
resource lands, and the character of the rural areas is differentiated from the urban
areas by less intensive uses and densities, and greater predominance of vegetation,
wildlife habitat, and open space.
Small unincorporated communities have existed in the rural areas for many decades but
have not become urban centers. Land uses in these communities are more intensive
than those in the surrounding rural areas, and provide rural residents places to shop,
eat, play, etc, and access public services such as schools, libraries, and post offices
without having to travel to cities. The businesses in these communities are important
contributors to the economy of Whatcom County. Even outside these settlements,
residents of the rural areas have established home occupations, cottage industries, and
small-scale businesses that are an important part of the County's traditional rural
economy.
Historically, rural Whatcom County has been a place of great variety. Residential
densities vary greatly from homes on 10 or 20 acre lots to lots smaller than one acre in
the rural communities and neighborhoods that have been established over the years.
The scale and intensity of rural businesses varies from the home occupations, cottage
industries, and resource-based industries to the more intensive commercial and
manufacturing uses, though the County's largest commercial and industrial uses have
been established in the urban areas.
Whatcom County's rural lifestyle is one where residents enjoy views of a green
landscape dotted by homes and barns, and have an appreciation for clean water and
air. Residents can work and shop in small rural communities, or earn a living on their
own rural lands, but these enterprises do not detract from the overall sense of openness
and predominance of the landscape in the rural area. Rural Whatcom County has long
been a place to raise children with the values of hard work and responsible stewardship
of the land, and where residents can grow food and livestock for themselves or for
market. While rural property owners do not expect to be provided with urban-level
Page 1 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
services, they enjoy a quality of life and sense of self-sufficiency not ordinarily found in
the urban areas.
In the rural element of this chapter, Whatcom County establishes policy consistent with
the findings of the legislature and with the above vision of rural character and lifestyle
that will:
• Help preserve rural-based economies and tradition lifestyles,
• Encourage the economic prosperity of rural residents
• Foster opportunities for small-scale, rural-based employment and self
employment,
• Permit the operation of rural-based agriculture, commercial, recreational, and
tourist businesses that are consistent with existing and planned land use
patterns,
• Be compatible with the use of the land by wildlife and for fish and wildlife habitat,
• Foster the private stewardship of the land and preservation of open space, and
• Enhance the rural sense of community and quality of life.
GOAL 2DD: Retain the character and lifestyle of rural Whatcom County.
Policy 2DD-1: Concentrate growth in urban areas per the population projections
in Chapter 1 of this plan, and recognize rural lands as an
important transition area between urban areas and resource
areas. By February 1 of each year the department will publish a
report that monitors residential development activity outside the
urban growth areas during the previous year and compares that
data with the adopted population growth projection for those
areas. If it is apparent that growth occurring outside the urban
growth areas is inconsistent with adopted projections, the County
shall take action to address the discrepancy. Actions may include
changing the allocation of the projected population growth during
the comprehensive plan update required per RCW 36.70A.130(1),
or changing development regulations to limit growth outside the
urban growth areas. In addition, as the County and cities review
the capacity for growth in the urban growth areas, the county
should coordinate with the cities to ensure that policies are in
place that are consistent with encouraging growth in the urban
areas and reducing demand for development in rural areas.
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 incorporated into this
plan by reference to assure that the plan contains measures to
protect rural character:
Page 2 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
A. Measures to contain or otherwise control rural development
and reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development:
1. Limit the expansion of areas of more intensive
development and higher rural densities through Policies
2A-8, 2A-9, 2DD-1, 2DD-8, 2GG-2, 2GG-3, 2JJ-1 through
8, 2KK 1 and 2, 2LL-1 through 4, and 2MM-1 through 4 of
this plan.
2. Provide options to reserve areas of land suitable for
agriculture, forestry, or open space through lots clustering
in the following Zoning Code provisions, adopted herein by
reference:
a. WCC 20.32.305, .310, and .320, Lot clustering,
Residential Rural District;
b. WCC 20.34.305, .310, and .320, Lot clustering, Rural
Residential Island District;
c. WCC 20.36.305, .310, and .320, Lot clustering, Rural
District;
d. WCC 20.71.350, .351, and .352, Lot clustering, Water
Resource Protection Overlay District.
3. Prohibit short subdivisions outside of urban growth areas
and limited areas of more intensive rural development that
would require extension of public sewer except for health
or safety reasons through the following Whatcom County
Land Division regulations adopted herein by reference:
a. WCC 21.04.090, Sewage Disposal, Short Subdivisions
b. WCC 21.05.090 Sewage Disposal, Preliminary Long
Subdivisions
B. Measures to assure visual compatibility of rural development
with the surrounding rural area:
1. Ensure that the visual landscapes traditionally found in
rural areas and communities are preserved through
limitations on structural coverage of lots in the following
Zoning Code provisions, adopted herein by reference:
a. WCC 20.32.450 Lot coverage, Residential Rural
District;
b. WCC 20.36.450 Lot coverage, Rural District.
2. Require that lots developed under the lot clustering option
be designed and located to be compatible with valuable or
unique natural features as well as physical constraints of
Page 3 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
the site through standards provided in the following Zoning
Code provisions, adopted herein by reference:
a. WCC 20.32.310 Lot clustering design standards,
Residential Rural District;
b. WCC 20.34.310 Lot clustering design standards, Rural
Residential-Island District;
c. WCC 20.36.310 Lot clustering design standards, Rural
District;
d. WCC 20.71.351 Lot clustering design standards, Water
Resource Protection Overlay District.
3. Protect the aesthetic assets of the rural areas and soften
the impact of structures through landscape buffers and
setback requirements provided in the following Zoning
Code provisions, adopted herein by reference:
a. WCC 20.80.200 Setback requirements;
b. WCC 20.80.300 Landscaping.
4. In the Point Roberts Rural Community, regulate visual
aspects of development through the standards in the
following Zoning Code provisions, adopted herein by
reference:
a. WCC 20.72.350 Building setbacks/buffer areas, Point
Roberts Special District;
b. WCC 20.72.651 Facility design, Point Roberts Special
District;
c. WCC 20.72.653 Tree canopy retention, Point Roberts
Special District;
d. WCC 20.72.654 Site design/view corridors, Point
Roberts Special District.
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, adopted herein by reference.
Page 4 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
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 standards in WCC 20.71
Water Resource Protection 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 and
12.08.035 and referenced in the following Zoning Code
provisions, adopted herein by reference:
a. 20.32.656 Drainage, Residential Rural District;
b. 20.34.659 Drainage, Rural Residential-Island District;
c. 20.36.656 Drainage, Rural District;
d. 20.37.655 Drainage, Point Roberts Transitional District;
e. 20.44.652 Drainage, Recreation and Open Space
District;
f. 20.59.704 Drainage, Rural General Commercial
District;
g. 20.60.655 Drainage, Neighborhood Commercial
District;
h. 20.61.704 Drainage, Small Town Commercial District;
i. 20.63.654 Drainage, Tourist Commercial District;
j. 20.64.655 Drainage, Resort Commercial District;
k. 20.67.653 Drainage, General Manufacturing District;
I. 20.69.655 Drainage, Rural Industrial and
Manufacturing District.
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
Page 5 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
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 ground water requirements per WCC 24.11.050,
adopted herein by reference.
8. Limit phosphorus entering Lake Whatcom and Lake
Samish due to the application of commercial fertilizers to
residential lawns and public properties through WCC
16.32, adopted herein by reference.
9. 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.
D. Measures to protect against conflicts with the use of
agricultural, forest, and mineral resource lands:
1. Ensure separation of new residences from agricultural and
forestry uses through setback requirements in the following
Zoning Code provisions, adopted herein by reference:
a. WCC 20.80.255 Agricultural District, Supplementary
Requirements;
b. WCC 20.80.256 Forestry districts, Supplementary
Requirements;
c. WCC 20.80.258 All districts, Supplementary
Requirements.
2. Ensure separation of businesses from agricultural uses
through setback requirements in the following Zoning Code
provisions, adopted herein by reference:
a. WCC 20.59.600 Buffer area, Rural General
Commercial District;
Page 6 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
b. WCC 20.60.550 Buffer area, Neighborhood
Commercial District;
c. WCC 20.61.600 Buffer area, Small Town Commercial
District;
d. WCC 20.63.600 Buffer area, Tourist Commercial
District;
e. WCC 20.64.550 Buffer area, Resort Commercial
District;
f. WCC 20.67.550 Buffer area, General Manufacturing
District;
g. WCC 20.69.550 Buffer area, Rural Industrial and
Manufacturing District.
3. Require that all discretionary project permits within one half
mile of areas designated in this plan as Rural, Agriculture,
Commercial Forestry, or Rural Forestry, or within 300 feet
of areas designated as Mineral Resource Lands, be
subject to disclosure practices in the in the following
Whatcom County Code provisions, adopted herein by
reference:
a. WCC 20.40.662 Use of Natural Resources, Agriculture
District;
b. WCC 20.42.652 Use of Natural Resources, Rural
Forestry District;
c. WCC 20.43.662 Use of Natural Resources,
Commercial Forestry District;
d. WCC 20.14.02 Right to Farm;
e. WCC 20.14.04 Right to Practice Forestry;
f. WCC 20.14.16 Mineral Resource Land Disclosure.
RURAL LANDS — LAND USE
Rural Designation
Lands outside the County's urban and resource areas include a variety of uses and
densities. Traditionally, Whatcom County's rural areas have been characterized by a
spectrum of uses ranging from farms and large-lot residential areas to recreational
communities and small towns. The more intensive uses in that spectrum
Page 7 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
(commercial/industrial areas and residential areas with densities greater than one unit
per five acres) are contained within the boundaries of Rural Community, Rural Tourism,
or Rural Business designations (LAMIRDs) and Rural Neighborhood designations.
The remainder of the rural areas are designated Rural and contain traditional rural
residential and farm uses as well as small home-based and conditionally-permitted
businesses. The rural character of the lands designated as Rural should not be
compromised by the encroachment of more intensive development. Commercial and
industrial uses in the rural areas not contained within a Rural Community designation
must meet GMA criteria for small-scale tourism or isolated business uses (RCW
36.70A.070(5)(d)(ii) and (iii).
Portions of the rural area that historically contain larger lots have been zoned for
densities of one dwelling per ten acres. These areas provide for a variety of densities
important to the rural character and shall be retained. Rezones from R10A to allow
higher densities are limited to those R10A areas that are adjacent to established higher
densities.
Goal 2GG: Designate Rural areas to contain a variety of uses and
densities while retaining their traditional rural character.
Policy 2GG-1: Provide a variety of residential choices at rural densities which are
compatible with the character of each of the rural areas.
Policy 2GG-2: The Rural designation includes areas of traditional rural uses and
gross residential densities at or below one unit per five acres. To
reduce the inappropriate conversion of undeveloped land into
sprawling, low density development in the rural area, more
intensive development shall be contained within Rural Community,
Rural Tourism, or Rural Business designations, which are limited
areas of more intensive rural development (LAMIRDs), and
predominantly residential areas with established densities greater
than one unit per five acres shall be contained in Rural
Neighborhood designations.
Policy 2GG-3: Uses and densities within the Rural designation should reflect
established rural character. Rezones within the Rural designation
should be consistent with the established rural character and
densities. Land in the R10A district may be rezoned to a rural
zone that allows a higher density only if:
A. Residential density (the average size of parcels that
contained a residence as of January 1, 2013) within
500 feet of the area to be rezoned is less than 7.5
acres,
B. The proposed rezoning area is not in a designated
urban growth area reserve, and
Page 8 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
C. The proposed rezoning area is not within an area
designated as a rural study area in the 2007 Rural
Land Study accepted by the County in Resolution
2009-040.
Policy 2GG-4: Minimize potential conflicts of rural residential development near
designated natural resource lands to prevent adverse impacts on
resource land uses.
Policy 2GG-5: Provide landowners with incentives and options to develop their
property at densities that may be less than the underlying zone,
when necessary to protect critical areas and high-value resource
lands.
Policy 2GG-6: Ensure that flexible development patterns such as cluster
subdivisions effectively preserve open space and agricultural land
and do not create the need for more intensive rural services.
Policy 2GG-7: Development within Rural designations shall be consistent with
rural character as described in this chapter.
Rural Neighborhoods
The GMA does not set a maximum allowed residential density for rural areas. A large
majority of the lands designated as Rural are zoned for one residence per five or ten
acres, however, a small proportion has been developed under a zoning that allows
densities greater than one dwelling per five acres where public water service is
available. These areas have their own unique rural character (as compared with the
higher densities contained within LAMIRDs) and they serve to provide a needed variety
of rural densities. However, it is important to maintain the character of the more
traditional rural areas and prevent expansion of these areas of higher rural densities
beyond their traditional limits.
This plan recognizes the unique qualities of these established Rural Neighborhoods and
contains them within boundaries that reflect the extent of these areas in 2011. Unlike
the Rural Communities, these areas are not LAMIRDs.
GOAL 2MM: Designate Rural Neighborhoods to recognize and contain
rural areas that have been established with predominantly
residential uses with higher densities than surrounding rural
areas.
Policy 2MM-1 Areas zoned for densities greater than one dwelling per five acres
shall be contained within Rural Neighborhood boundaries. Rural
Neighborhood boundaries shall not be expanded beyond those
established in 2012, which were drawn to include areas that were
developed at higher rural densities in 2011.
Page 9 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
Policy 2MM-2 In the Whatcom County Code, the Rural and Rural Residential
zoning districts may include Rural Residential Density Overlays
that may be applied to areas within the Rural Neighborhood
designation where higher density rural residential development
has already occurred. The overlay should allow for infill
development with lot sizes consistent with those of surrounding
lots, where public water service is available. The overlay shall
limit eligibility of lots based on the percentage of surrounding lots
that were developed in 2011, and shall establish a maximum
density that may be achieved using the overlay. The Rural
Residential Density Overlays shall not be created or expanded
outside of Rural Neighborhoods or into areas where higher density
rural development has not occurred; such expansion is not
consistent with maintaining the traditional character of the
surrounding rural areas.
Policy 2MM-3 Rural Neighborhoods are designated adjacent to Urban Growth
Areas only in areas where developed densities exceeded one
dwelling per 2.5 acres in 2011, and there is little potential for
efficient urban development in the future.
Policy 2MM-4 Urban governmental services shall not be extended into a Rural
Neighborhood unless such extensions are shown to be necessary
to protect basic public health and safety and the environment, and
when such services are financially supportable at rural densities
and do not permit urban development.
Page 10 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
Fort Bellingham / Marietta
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Page 11 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
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Page 12 of 13
Exhibit A: Comprehensive Plan Amendments
June 18, 2013
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Page 13 of 13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
WCC Sections Affected by January 4, 2013 Compliance Order
WCC TITLE 20 ZONING.
20.32 Residential Rural (RR) District
20.32.253 Maximum density and minimum lot size.
The following districts with their associated lot sizes as indicated below, are only
allowed within Rural Neighborhoods and Rural Communities, as described in the
Comprehensive Plan: RR-2A, RR-1, RR-2, RR-3. The RR-5A and RR-10A districts are
allowed in the rural areas; the Comprehensive Plan contains policies regarding
application of these districts within the Residential Rural Designation. For boundary
line adjustments on lots not conforming to minimum lot sizes in this zoning district,
lot size averaging may be used by calculating the average lot size of legal lots of
record within 500 feet of the outside perimeter of the lots proposed for boundary
line adjustment.
Minimum Lot Size Min. Reserve
III Area (Cluster
District Gross Density Conventional Cluster Subdivisions)
RR-1, RR-2, RR-3, RR- 1 dwelling unit/5 5 acres N/A N/A
5A: without public acres
water
RR-10A without public 1 dwelling unit/10 10 acres N/A N/A
water acres
With public water, and stormwater detention and collection facilities:
RR-1 1 dwelling unit/1 acre 36,000 sq. 15,000 30%
ft. sq.ft.
RR-2 2 dwelling units/1 18,000 sq. 15,000 10%
acre ft. sq.ft.
Exhibit B: WCC Title 20 Amendments
June 18, 2013
RR-3 3 dwelling units/1 12,000 sq. 8,000 25%
acre ft. sq.ft.
RR-2A 1 dwelling unit/2 2 acres 15,000 30%
acres sq.ft.
RR-5A 1 dwelling unit/5 5 acres 15,000 30%
acres sq.ft.
RR-10A 1 dwelling unit/10 10 acres 15,000 30%
acres sq.ft.
RR-5A and RR-2A Maximum: 1 dwelling see 15,000 30%
subject to Rural unit/ 1 acre per 20.32.252 sq.ft.
Residential Density 20.32.252(2)
Overlay
20.32.300 Lot clustering, reserve area and reserve tract.
20.32.305 Lot clustering.
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to
reduce development cost and increase energy efficiency and reserve areas of land
which are suitable for agriculture, forestry, or open space.
(2) The clustering option is also intended to help preserve open space and the
character of areas and reduce total impervious surface area thereby reducing runoff
while assuring continued viable undeveloped natural vegetated corridors for wildlife
habitat, protection of watersheds, preservation of wetlands, preservation of
aesthetic values including view corridors, and preservation of potential trail and
recreation areas.
20.32.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
Page 2 of 13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated
pattern to be compatible with physical site features and have no more than two
common encroachments on existing county roads. The arrangement of clustered
building lots is intended to discourage development forms commonly known as
linear, straight-line or highway strip patterns.
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In urban growth areas and urban growth area reserves,
interior streets shall be designed to allow access to the "reserve tract" for the
purpose of future approved development in urban growth areas and urban growth
area reserves.
20.32.315 Reserve area.
(1) An easement on the subdivision plat shall establish a reserve area per the
definition in WCC 20.97.344 that is protected in perpetuity so long as it is not
within an urban growth area. The minimum percentage of the parent parcel
required to be within a reserve area is shown in WCC 20.32.253.
(2) A reserve area may contain infrastructure necessary for the subdivision,
including but not limited to underground utilities, stormwater ponds, and on-site
septic system components, and, in reserve areas designated for agriculture,
structures used for on-site agricultural uses permitted in WCC 20.32.054. Above-
ground hard surface infrastructure such as roads and water tanks may be included
in a reserve tract, but the area they occupy shall not be included in the reserve
area percentage required in WCC 20.32.253.
20.32.320 Reserve tract.
For the purposes of this section, "reserve tract" is defined as that portion of a
proposed subdivision or short subdivision which is intended for agricultural,
forestry, or open space purposes. All "reserve tracts" created through the
subdivision process shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this chapter, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or
conveyed to a third party.
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses
permitted in reserve areas in this chapter.
Page 3 of 13
Exhibit B:WCC Title 20 Amendments
June 18, 2013
(3) The "reserve tract" may be further subdivided only through the long subdivision
process and only under the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further the
objectives listed in WCC 20.32.305(2) by dividing the reserve tract and increasing
the area of reserve proportionately on the adjacent land being subdivided so that
there is no net reduction in reserve area; and when the reserve tract is owned by
the original developer or a third party, no property owner within the original
subdivision will be significantly adversely affected or suffer a substantial decrease of
property value as a result of dividing the reserve tract.
(b) When the Comprehensive Plan and zoning have been updated as part of the
normal process (other than a revision initiated by the private sector or done for a
specific area) and the public process has been gone through, subject to findings
that there is no adverse impact to critical areas and development is in compliance
with rural land use Comprehensive Plan policies, and when the reserve tract is
owned by the original developer or a third party, no property owner within the
original subdivision will be significantly adversely affected or suffer a substantial
decrease of property value as a result of dividing the reserve tract.
(4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this
section shall be communicated in writing on the face of the plat or short plat. The
number of developable building sites remaining (if any) with the original parcel of
record, based on the assigned density, shall also be prominently displayed on the
plat or short plat. Whatcom County shall make every effort to assist all agents in
communicating clearly such information to all purchasers and prospective
purchasers of building lots or "reserve tracts." Any remaining density beyond the
number of lots created on the plat may be assigned to either the lots or the reserve
tract, but future subdivision shall not reduce the size of the reserve area below the
minimum percentage of the original parent parcel required in WCC 20.32.253.
(5) The above requirements in subsections (2) to (4) of this section shall be
recorded as a deed restriction at the time of filing of the final plat or short plat, and
shall constitute an agreement between Whatcom County and the owner of record.
Said deed restriction may be amended by mutual agreement between said parties
after review for consistency and compliance with the Official Whatcom County
Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan.
20.34 Rural Residential-Island (RR-I) District
Page 4 of 13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
20.34.300 Lot clustering, reserve area, reserve tract and density transfer.
20.34.305 Lot clustering.
(1) The purpose of lot clustering is to preserve the rural character of Lummi Island
and to provide an alternative method of creating economical building lots with
spatially efficient sizes. Clustering is intended to reduce development cost and
increase energy efficiency and reserve areas of land which are suitable for
agriculture, forestry, or open space in accordance with the adopted zoning density
requirements, as applied to the entire subdivision or short subdivision.
(2) The clustering option is also intended to help preserve open space and reduce
total impervious surface area thereby reducing runoff while assuring continued
viable undeveloped natural vegetated corridors for wildlife habitat, protection of
watersheds, preservation of wetlands, preservation of aesthetic values including
view corridors, and preservation of potential trail and recreation areas.
20.34.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated
pattern to be compatible with physical site features, and have no more than two
common encroachments on existing county roads. The arrangement of clustered
building lots is intended to discourage development forms commonly known as
linear, straight-line or highway strip patterns.
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to
the "reserve tract."
Page 5of13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
20.34.315 Reserve area.
(1) An easement on the subdivision plat shall establish a reserve area per the
definition in WCC 20.97.344 that is protected in perpetuity so long as it is not
within an urban growth area. The minimum percentage of the parent parcel
required to be within a reserve area is shown in WCC 20.32.253.
(2) A reserve area may contain infrastructure necessary for the subdivision,
including but not limited to underground utilities, stormwater ponds, and on-site
septic system components, and, in reserve areas designated for agriculture,
structures used for on-site agricultural uses permitted in WCC 20.34.052. Above-
ground hard surface infrastructure such as roads and water tanks may be included
in a reserve tract, but the area they occupy shall not be included in the reserve
area percentage required in WCC 20.34.252.
20.34.320 Reserve tract.
For the purposes of this section, "reserve tract" is defined as that portion of a
proposed subdivision or short subdivision which is intended for agricultural,
forestry, or open space purposes which does not exceed adopted zoning density
requirements, as applied to the entire subdivision or short subdivision. All "reserve
tracts" created through the subdivision process shall be subject to the following
provisions:
(1) After a site is initially subdivided pursuant to this section, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or
conveyed to a third party.
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses
permitted in reserve areas in this chapter.
(3) The reserve tract is created and is unbuildable beyond any building density
remaining at the time of land division. This is intended to ensure that the reserve
tract open space will remain in the same location adjacent to the clustered lot it
serves.
(4) The purpose of the reserve tract as stated in subsections (1), (2), and (3) of
this section shall be communicated in writing on the face of the plat or short plat;
also, the number of developable building sites remaining (if any) with the original
parcel of record, based on the assigned density, shall also be prominently displayed
on the plat or short plat. Whatcom County shall make every effort to assist all
agents in communicating clearly such information to all purchasers and prospective
purchasers of building lots or "reserve tracts." Any remaining density beyond the
number of lots created on the plat may be assigned to either the lots or the reserve
Page 6 of 13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
tract, but future subdivision shall not reduce the size of the reserve area below the
minimum percentage of the original parent parcel required in WCC 20.34.252.
(5) That the above stated requirements in subsections (2), (3), and (4) of this
section shall be recorded as a deed restriction at the time of filing of the final plat
or short plat, and shall constitute an agreement between Whatcom County and the
owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the official
Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance
and the Whatcom County Comprehensive Plan.
20.36 Rural (R) District
20.36.253 Maximum density and minimum lot size.
The R-2A district is allowed only within areas designated as Rural Neighborhoods,
as described in the Comprehensive Plan. R-5A and R-10A districts are allowed in
the Rural areas; the Comprehensive Plan contains policies regarding application of
these districts within the Rural designation. The R-10A district is allowed in Urban
Growth Area Reserve designations.
For boundary line adjustments on lots not conforming to minimum lot sizes in this
zoning district, lot size averaging may be used by calculating the average lot size of
legal lots of record within 500 feet of the outside perimeter of the lots proposed for
boundary line adjustment.
—1 Minimum Lot Size Min. Reserve
Area (Cluster
District Gross Density Conventional Cluster Subdivisions)
R-2A without public 1 dwelling unit/5 5 acres 1 acre 20%
water acres
R-2A with public 1 dwelling unit/2 2 acres 12,500 55%
water acres sq. ft.
R-5A without public 1 dwelling unit/5 5 acres 1 acre 50%
water acres
R-5A subject to 1 dwelling unit/5 Not 15,000 75%
Agricultural acres applicable sq. ft.
Page 7 of 13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
Protection Overlay
(Chapter 20.38
WCC)
R-5A with public 1 dwelling unit/5 5 acres 12,500 65%
water acres sq. ft.
R-5A with public Maximum: 1 see 15,000 65%
water subject to dwelling unit/2 acres 20.36.252(2) sq. ft.
Rural Residential per 20.36.252(2)
Overlay
R-10A without public 1 dwelling unit/10 10 acres 1 acre 60%
water acres
R-10A subject to 1 dwelling unit/10 Not 15,000 75%
Agricultural acres applicable sq. ft.
Protection Overlay
(Chapter 20.38
WCC)
R-10A with public 1 dwelling unit/10 10 acres 12,500 70%
water acres sq. ft.
Public facilities Not applicable No minimum No Not
approved under WCC minimum applicable
20.36.151
20.36.300 Lot clustering, reserve area and reserve tract.
20.36.305 Lot clustering.
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to
reduce development cost and increase energy efficiency and reserve areas of land
which are suitable for agriculture, forestry, or open space.
(2) The clustering option is also intended to help preserve open space and the
character of areas and reduce total impervious surface area thereby reducing runoff
while assuring continued viable undeveloped natural vegetated corridors for wildlife
habitat, protection of watersheds, preservation of wetlands, preservation of
Page 8 of 13
Exhibit B:WCC Title 20 Amendments
June 18, 2013
aesthetic values including view corridors, and preservation of potential trail and
recreation areas.
(3) Lot clustering is required for residential developments on parcels 10 acres or
greater when the property is located within an urban growth area reserve.
20.36.310 Design standards.
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated
pattern to be compatible with physical site features and have no more than two
common encroachments on existing county roads. The arrangement of clustered
building lots is intended to discourage development forms commonly known as
linear, straight-line or highway strip patterns.
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to
the "reserve tract" for the purpose of future approved development in urban growth
areas and urban growth area reserves.
(5) Where the boundaries of a proposed cluster subdivision includes land in more
than one rural zone designation (R2-A, R-5A and R-10A) the following shall apply:
(a) The total number of units permitted shall be computed by separately
calculating the number of lots allowed in each zone district based on the amount of
land area within the district. The number of lots allowed in each district shall be
totaled to arrive at the total number of lots.
(b) Lot clusters may be distributed or arranged on property(s) covered by the
subdivision such that density from an R-5A or R-10A portion of a subdivision may
be transferred to an adjacent portion of the subdivision with a different rural zoning
designation (R-2A, R-5A or R-10A); provided, the total number of lots for the entire
subdivision does not exceed the number calculated in subsection (5)(a) of this
section; and provided further, that the lot design is consistent with subsections (1)
through (4) of this section. Density from R-2A portions of the subdivision may not
be transferred to R-5A or R-10A portions of the subdivision.
(6) In order to preserve rural character, no more than 16 residential lots shall be
permitted in one cluster and there shall be at least 500 feet of separation between
Page 9 of 13
Exhibit B:WCC Title 20 Amendments
June 18, 2013
any new clusters, except when the cluster subdivision is located on a parcel or
contiguous parcels in the same ownership, greater than 20 acres.
20.36.315 Reserve area.
(1) An easement on the subdivision plat shall establish a reserve area per the
definition in WCC 20.97.344 that is protected in perpetuity so long as it is not
within an urban growth area. The minimum percentage of the parent parcel
required to be within a reserve area is shown in WCC 20.36.253.
(2) A reserve area may contain infrastructure necessary for the subdivision,
including but not limited to underground utilities, stormwater ponds, and on-site
septic system components, and, in reserve areas designated for agriculture,
structures used for on-site agricultural uses permitted in WCC 20.36.052. Above-
ground hard surface infrastructure such as roads and water tanks may be included
in a reserve tract, but the area they occupy shall not be included in the reserve
area percentage required in WCC 20.36.253.
20.36.320 Reserve tract.
For the purposes of this section, "reserve tract" is defined as that portion of a
proposed subdivision or short subdivision which is intended for agricultural,
forestry, or open space purposes. All "reserve tracts" created through the
subdivision process shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this section, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or
conveyed to a third party.
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses
permitted in reserve areas in this chapter.
(3) The "reserve tract" may be further subdivided only through the long subdivision
process and only under one of the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further the
objectives listed in WCC 20.36.305(2) by dividing the reserve tract and increasing
the area of reserve proportionately on the adjacent land being subdivided so that
there is no net reduction in reserve area; and when the reserve tract is owned by
the original developer or a third party, no property owner within the original
subdivision will be significantly adversely affected or suffer a substantial decrease of
property value as a result of dividing the reserve tract; or
(b) When the Comprehensive Plan and zoning have been updated as part of the
normal process (other than a revision initiated by the private sector or done for a
Page 10 of 13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
specific area) and the public process has been gone through, subject to findings
that there is no adverse impact to critical areas and development is in compliance
with rural land use Comprehensive Plan policies, and when the reserve tract is
owned by the original developer or a third party, no property owner within the
original subdivision will be significantly adversely affected or suffer a substantial
decrease of property value as a result of dividing the reserve tract.
(4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this
section shall be communicated in writing on the face of the plat or short plat; also,
the number of developable building sites remaining (if any) with the original parcel
of record, based on the assigned density, shall also be prominently displayed on the
plat or short plat. Whatcom County shall make every effort to assist all agents in
communicating clearly such information to all purchasers and prospective
purchasers of building lots or "reserve tracts." Any remaining density beyond the
number of lots created on the plat may be assigned to either the lots or the reserve
tract, but future subdivision shall not reduce the size of the reserve area below the
minimum percentage of the original parent parcel required in WCC 20.36.253.
(5) The requirements of subsections (2) to (4) of this section shall be recorded as a
deed restriction at the time of filing of the final plat or short plat, and shall
constitute an agreement between Whatcom County and the owner of record. Said
deed restriction may be amended by mutual agreement between said parties after
review for consistency and compliance with the Official Whatcom County Zoning
Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County
Comprehensive Plan.
20.82 Public Utilities
20.82.030 Conditional uses.
The following uses shall require a conditional use permit or major project permit
and shall be subject to a threshold determination in accordance with the Whatcom
County SEPA Ordinance:
(3) New water lines with a nominal pipe size greater than eight inches except for
the following, which are permitted outright:
(a) New water lines located and installed by a public utility or municipality within
urban growth areas or limited areas of more intensive rural development
(LAMIRDs), or
Page 11 of 13
Exhibit B: WCC Title 20 Amendments
June 18, 2013
(b) New water lines outside urban growth areas or limited areas of more intensive
rural development (LAMIRDs) in conformance with a state approved water
comprehensive plan pursuant to RCW 43.20.260 and consistent with the Whatcom
County Comprehensive Plan, so long as they are water transmission lines per WCC
20.97.452, or provide service at an intensity historically and typically found in rural
areas, per RCW 36.70A.030(17), including but not limited to agricultural uses.
Water service for uses or densities not permitted in rural or resource areas shall not
be extended or expanded outside urban growth areas or limited areas of more
intensive rural development (LAMIRDs), except where necessary to protect basic
public health and safety and the environment and when such services are
financially supportable at rural densities and do not permit urban development, per
RCW 36.70A.110(4).
20.97 Definitions
20.97.344 Reserve area.
When the lot clustering method of land division or subdivision is used, the "reserve
area" is an easement on a proposed division, subdivision or short subdivision which
is reserved for agricultural, forestry, or open space purposes in perpetuity, or for
other future-approved development purposes as specified in Whatcom County
Code.
20.97.345 Reserve tract.
When the lot clustering method of land division or subdivision is used, the "reserve
tract" is that portion of a proposed cluster division, subdivision or short subdivision
which is intended for agricultural, forestry, open space, or other future-approved
development purposes. A reserve area easement may cover all or part of a reserve
tract. A portion of a reserve tract may be developed but development within a
reserve area easement shall be limited to that permitted per the reserve area
standards for the zoning district in which the tract is located.
20.97.452 Water Transmission Lines
"Water transmission lines" means pipes used to convey water from source, storage,
or treatment facilities to points of distribution or distribution mains, and from
source facilities to treatment or storage facilities. This also can include transmission
mains connecting one section of distribution system to another section of
Page 12 of 13
Exhibit B:WCC Title 20 Amendments
June 18, 2013
distribution system as long as this transmission main is clearly defined on the plans
and no service connections are allowed along the transmission main.
WCC TITLE 24 HEALTH CODE
24.11 Drinking Water.
24.11.050 General requirements.
A. Applicants must submit all required forms, letters and documents to the director.
B. The director will consider applications for water availability proposing to use
groundwater, spring water, surface water, sea water or rainwater.
C. The director shall evaluate the availability of a public water system prior to
approving the use of a private water system. If it is determined that a public water
system is available and willing to provide water, the applicant must connect to that
public water system when:
1. The applicant proposes to use surface water, spring water, rainwater, or
contaminated groundwater; or
2. The applicant proposes to build on a lot located in a short subdivision or
long subdivision that Whatcom County approved based on the availability of
public water; or
3. The existing public water system has water lines adjacent to the property
line of the applicant and connection is consistent with RCW.36.70A.110(4);
or
4. The existing public water system has defined a "service area boundary" in
accordance with the Whatcom County Coordinated Water System Plan which
includes the property of the applicant.
Page 13 of 13
EXHIBIT C
ZONING MAP AMENDMENTS
Fort Bellingham / Marietta
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wa.+.a.�r�E+nue.,.�.rnri+r+�•�Wr lur�•nmua.Mal 'f;;,� I ���,�
Proposed Zoning Boundary r,.:.rrl �wrwurim�w�aiuik re XWrriV.d,�' N
tlS.rq�Is�o ld 17:r.,r5.�AY•'..�a�a is,,.rrdl"N•r.
®Proposed Rezone Area
Rural Residential Density Overlay
0 330 660 1,320 1,960 2,640 % ,"
Proposed Zoning - RR5A (not in parentheses) I Feet
Existing Zoning - (RR2) a
North Bellingham
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RR5A RR5A
(RR2A*) (RR2A*) I . .
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PARADISE RD. �� r•
_ _ - `—__ 'r �� W.LAUREL RD.
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File #: PLN2012-00012 W.114f
USE OF WNATCOM COUNTY'S GIS DATA IMPLIES THE USERS De:9.114,0
USE Change AGREEMENT WON TIIF FOLLOWING STATEMENT: ,9_,.+ zo,z .
Whmrcm Comp ES dm maaP wa antyolra RhMobIII'ou arrsnly
Existing Zoning Boundary 101...mlhI.ma mr. elwbl Mno w
ar
Imp had N.nprau.ladan ul maned,I.mold anarnlnp Ihr.arur-
ProposedZoning Boundary Any, .milt maplrlana.or IIr. oo dma de farus•on Ills man
lUU mar men Coolly Amnio mrNr.u.,anl,and
meharao10rIr bold WhtlramC11001 any OO.Qamaa.y
Proposed Rezone Area
lemma.1021 or 14111111y 6115100 Morn anY NM Ol ll MOO
*Rural Residential Density Overlay 0 330 660 1,320 1,980 2,640
Proposed Zoning - RR5A (not in parentheses) r _ iFeet
Existing Zoning - (RR2) Mune 4.2013 by gld
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/File #: PLI12012-00012 a.,.. "
USE OF WHATO OM COUNTY'6 GIS DATA IMPLIES THE USER'S PS �e
AGREEMENT WITH THE FOLLOWING ST,ITEME NT: [f r RA� A&
Proposed Rezoning T,
i1NYA..GveyrlMSMM.A?F 11MrlwF el •..rcTnly
.:I TAaW M 1NM nr�M*�aMl�hr Mrl_Ir..I1Yrr+wo r
..01-1.N.N.nrWr.6 q IKHNITIA MW a1.MOJy I..ac-r- 1 .l:
•li 1∎I.I.NP YnI.I11Frtl.1 .N1Na ma, �'JY�l
Existing Zoning Boundary ry^ '�4'MM'°'""nral1 '""' 'rwp.r.I wry N
9 9 TY '•MNf.EM-. >nnim or. .,n.1111 Mr
•.n.ry.IM+Y.r*nih nlel_Il.a.n n�n:I thn n.
®Proposed Rezone Area
Srrvte
Proposed Comprehensive Plan designation - Rural Neighborhood (not in parentheses) 0 165 330 660 990 t 3Feet
Existing Comprehensive Plan designation- (Rural) March 8,2013 by gld