HomeMy WebLinkAboutord2010-012 WHATCOM COUNTY COUNCIL AGENDA BILL. NO. 2010- 049
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: / 1/12/2010 Introduction
Tyler Schroder $ 2. I Selo I �
Division Head: ! ll E C E II V E D 1/26/2010 Planning and
Wain Harrison Development
JAN .� r 2�10 Committee
Dept. Head: ' I/. l� f�l �®� 1/26/2010 Council
David Stalheim � / WHATCOM✓� WHATCOM" COUNTY
Royce Buckingham 12-' 5/-c "'( COUNCIL 2 / 09 / 10 P &D / Council
Purchasing/Budget:
Brad Bennett 2 / 23 / 10 Hearing
Executive:
Pete Kremen ' - 5-16
TITLE OF DOCUMENT: .
Ordinance clarifying the applicability of Agricultural Protection Overlay (APO) by including the area of adjoining road
rights-of-way in the calculations of parcel acreage for APO zone.
ATTACHMENTS:
( 1 ) Memorandum
(2) Ordinance
SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( x ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
The proposal is to amend the definition of "parcel" in the Agricultural Protection Overlay (APO) zone to include adjoining
rights-of-way in calculating parcel size. The proposal also removes submerged lands and/or tidelands within the boundaries
of any waterfront parcel that are located waterward of the ordinary high water mark in calculating the parcel size for
properties within jurisdiction of the Shoreline Management Program .
COMMITTEE ACTION: COUNCIL ACTION:
1 / 26 / 2010 : Held in committee 1 / 12 / 2010 : Introduced
2 / 09 / 2010 : Amended and forwarded to Council 2 / 09 / 2010 : Held for Hearing 2 / 23 / 2010
for approval 2 / 23 / 2010 : Council Adopted 6 - 1 Brenner
opposed Ord . 2010-012
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2010-012
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.
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3 SPONSORED BY : Consent
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5 PROPOSED BY : PDS
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7 INTRODUCTION DATE: 1 / 12 / 2010
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11 ORDINANCE NO . 2010-012
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13 . Amending Whatcom County's zoning code, Title 20, for the purposes of
14 clarifying the applicability of Agricultural Protection Overlay (APO ) by
15 including the area of adjoining road rights-of-way in the calculations of
16 parcel acreage for APO zone .
17
18 WHEREAS, The proposed amendment to the Whatcom County Official Zoning
19 Ordinance was initiated by Whatcom County Council , and was given file
20 number PLN2009- 00020 by Planning and Development Services Department ;
21
22 WHEREAS, Whatcom County Council adopted an interim ordinance ,
23 ORD2009 - 066 , on September 15, 2009 , to address the applicability of APO by
24 including the area of adjoining road rights-of-way in the calculations of parcel
25 acreage for APO ;
26
27 WHEREAS, Notice of the Planning Commission hearing for the subject
28 ordinance and text amendment was published in the Bellingham Herald on
29 November 29 , 2009 ;
30
31 WHEREAS, Notice of the proposed amendment was sent to the Department
32 of Community , Trade and Economic Development ( CTED ) and other state
33 agencies on November 10 , 2009 . On . December 1 , 2009 CTED notified
34 Whatcom County that notice of the proposed amendment had been received
35 and had been forwarded to other interested parties as required. No
36 . comments regarding the proposed amendment have been received from
37 CTED , to date ;
38
39 WHEREAS, On August 3 , 2009, the Whatcom County State Environmental
40 Policy Act ( SEPA) Official issued a SEPAthreshold Determination of Non-
41 Significance ( DNS ) in regards to the proposed text amendment, a non - project
42 action . No comments were received regarding this determination ;
43
44 WHEREAS, A Whatcom County Planning Commission public hearing was held
45 on the subject amendment December 10 , 2009 . The Planning Commission
46 voted to recommend approval to the Whatcom County Council with a 7- 0
47 vote ;
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2 WHEREAS, The County Council has adopted the following findings of fact :
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7 FINDINGS OF FACT
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9 1 . The purpose of the Agricultural Protection Overlay (APO ) zone 's purpose is
10 " . . .to maintain and enhance commercial agricultural activity and further
11 protect open space resources within Whatcom County ; further the county's
12 efforts in meeting long-term agricultural needs ; provide a reasonable mix
13 of uses and activities which may enhance the economic resources available
14 to the farmer; and provide for a variety of uses within the rural areas
15 which are not inconsistent with or incompatible with the use of lands
16 within the area for agricultural activities . This chapter is not intended to
17 interfere with the use of other resources ".
18
19 2 . ORD 2001 - 016 , amended the official Whatcom County Code , Title 20 ,
20 Chapter 20 . 38 , Agriculture Protection Overlay , to enhance the APO
21 compliance with the Growth Management Act and to provide clarification .
22 Among those changes , the language " including nominal 20 acre parcels "
23 was included to provide clarification to the Applicability Section of APO ;
24 WCC20 . 38 . 050 . This language has led to inconsistent applicability of APO
25 with regards to land division applications on parcels held in 20 acres .
26
27 3 . This inconsistent applicability was upheld in a recent July 16 , 2009
28 Whatcom County Hearing Examiner decision . The Administrative Appeal ,
29 APL2009 - 00015 , decided that a " parcel " as that term is defined in the
30 Agriculture Protection Overlay consisting of 19 . 77 acres , is not subject to
31 APO . .
32
33 4 . According to the Hearing Examiner decision "the term " minimum lot size "
34 is a term of art within the Zoning Ordinance and it must be presumed that
35 the legislative body 's failure to use the term within theApplicability
36 Section of the APO was intentional . Had the legislative body desired to
37 include one- half of the bounding roads in determining the parcel size to be
38 subjected to the APO , it could have made it applicable to parcels with a
39 " minimum lot size " of twenty acres or larger, instead of giving a specific
40 definition to the term " parcel " in the APO Section and then applying the
41 APO to " parcels " twenty acres or larger in size . "
42
43 5 . This ordinance is to clarify and make consistent the applicability of APO as
44 considered for the purposes of land division . This is done by making the
45 definition of " parcel " consistent with " gross density " and " minimum lot
46 size ". Thereby, requiring all land division applications of parcels held in 20
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1 acres , for the purpose of land division , subject to APO , to implement
2 clustering techniques .
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5 6 . With the permanent adoption of this interim ordinance , APO applicability
6 will be similar in interpretation as the terms "gross density" and " minimum
7 lot size " within the official Whatcom County Code , Title 20 , Chapter 20 . 97 ,
8 Definitions . Historical interpretation of " gross density" is to measure to
9 center of the adjoining road rights-of-way for purposes of land division
10 applications .
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12 7 . This clarification will require clustering techniques to be inplemented , for
13 land division proposals , if a parcel is held in 20 acres and is subject to
14 APO .
15 .
16 8 . The Whatcom County Council adopted RES2009- 040 on July 7 , 2009
17 affirming the County 's goal of maintaining a minimum of 100 , 000 acres of
18 agricultural land in Whatcom County .
19
20 9 . 100 , 000 acres is the minimum goal for ensuring a land base necessary to
21 support a viable agriculture industry in Whatcom County .
22
23 10 . Currently there are 88 , 000 acres of agriculturally zoned land in Whatcom
24 County
25
26 11 . The Agricultural Protection Overlay Soils are those soils determined to be
27 the best soils for farming .
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29 12 . Pursuant to Whatcom County Code (WCC ) 20 . 90 . 050 , as of March 11 ,
30 2009 , Whatcom County Planning and Development Services has :
31 evaluated the proposed amendment in relationship to the goals, objectives
32 and policies of the Whatcom County Comprehensive Plan as authorized by
33 the Washington State Growth Management Act ( GMA) - RCW 36 . 70A ; and
34 considered possible environmental impacts that have been identified by
35 the lead agency designated SEPA official through the State Environmental
36 Policy Act ( SEPA) threshold determination process .
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1 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that :
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4 Section 1 . The Official Whatcom County Zoning Ordinance , Title 20 is hereby
5 amended as shown on Exhibit A .
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7 Section 2 . Adjudication of invalidity of any of the sections, clauses, or provisions
8 . of this ordinance shall not affect or impair the validity of the ordinance as a whole or
9 and part thereof other than the part so declared to be invalid .
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12 ADOPTED this 23rd day of February , 2010_.
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27 WHATCOM COUNTY EXECUTIVE
28 WHATCO COUNTY, WASHINGTON
29 APPROVED AS TO F RM :
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31 �.e . _ .32
33 Civil Deputy Prosecutor Pete Krem County Executive
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35 ( • ) Approved ( ) Denied
36 ^�-
37 Date Signed : )I�p? L O
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1 EXHIBIT A
2
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4 20 . 38 . 040 Definitions .
5 For the purposes of the Agriculture Protection Overlay zone :
6 ( 1 ) A " parcel " is defined as a legal lot of record ( WCC 20 . 83 . 060 ) or, if consolidation
7 has taken place pursuant to WCC 20 . 83 . 070 , the entire area of the consolidated
8 lots . Parcel acreage shall include the area of adjoining road rights-of-way, unless it
9 can be demonstrated by the applicant that agricultural practices have not been
10 conducted on a given parcel since January 1 , 1975 , in which case the parcel size
11 shall be calculated without including the adjoining road rightof-way . For properties
12 within the jurisdiction of the Shoreline Management Program , submerged lands
13 and/or tidelands within the boundaries of any waterfront parcel that are located
14 waterward of the ordinary high water mark shall not be used in calculating the
15 parcel size . If a parcel is bisected by a public right- of-way, or a river, a pond , or a
16 lake as defined in the critical areas ordinance , and the resultant area is less than 20
17 acres, the provisions of this chapter do not apply to that portion .
18 ( 2 ) Agriculture protection overlay soils are those soils determined by Whatcom
19 County, in consultation with the Natural Resource Conservation Service and local
20 , farmers , as being the best soils for farming . Each soil type named in the list below
21 also has a number. This number is used in the " Soil Survey of Whatcom County
22 Area , May 1992 , " to identify the mapping unit ( soil type ) in all text, maps and tables
23 contained in the soil survey .
24 Agriculture Protection Overlay Soils
25 No . Name
26 12 Birchbay Silt Loam - 0 to 3 % slopes
27 13 Birchbay Silt Loam - 3 to 8 % slopes
28 22 Briscot Silt Loam- Drained - 0 to 2 % slopes
29 31 Clipper Silt Loam- Drained - 0 to 2 % slopes
30 45 Edmonds-Woodlyn Loams- Drained - 0 to 2 % slopes
31 53 Everson Silt Loam- Drained - 0 to 2 % slopes
32 54 Fishtrap Muck- Drained - 0 to 2 % slopes
33 62 Hale Silt Loam- Drained - 0 to 2 % slopes
34 79 Kickerville Silt Loam - 0 to 3 % slopes
35 80 Kickerville Silt Loam - 3 to 8 % slopes
36 95 Larush Silt Loam - 0 to 3 % slopes
37 96 Laxton Loam - 0 to 3 % slopes
38 97 Laxton Loam - 3 to 8 % slopes
39 99 Lynden Sandy Loam - 0 to 3 % slopes
40 100 Lynden Sandy Loam - 3 to 7 % slopes
41 107 Mt . Vernon Fine Sandy Loam - 0 to 2 % slopes
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1 115 Oridia Silt Loam- Drained - 0 to 2 % slopes
2 116 Pangborn Muck- Drained - 0 to 20/0 slopes
3 123 Puget Silt Loam- Drained - 0 to 2 % slopes .
4 124 Puyallup Fine Sandy Loam - 0 to 2 % slopes
5 139 Sehome Loam - 2 to 8 % slopes
. 6 143 Shalcar Muck- Drained - 0 to 2 % slopes
7 148 Skipopa Silt Loam - 0 to 8 % slopes
8 151 Snohomish Silt Loam- Drained - 0 to 2 % slopes
9 162 Sumas Silt Loam- Drained - 0 to 2 % slopes
10 165 Tromp Loam - 0 to 2 % slopes
11 178 Whatcom Silt Loam - 0 to 3 % slopes
12 179 Whatcom Silt Loam - 3 to 8 % slopes
13 184 Whitehorn Silt Loam - 0 to 2 % slopes
14 186 Winston Silt Loam - 0 to 3 % slopes
15 191 Yelm Loam - 3 to 8 % slopes
16 ( Ord . 2002 - 060 § 1 , 2002 ; Ord . 2001 - 016 § 1 , 2001 ; Ord . 2000 -013 § 1 , 2000 ;
17 Ord . 99 - 092 , 1999 ; Ord . 98- 083 Exh . A § 45 , 1998 . Formerly 20 . 38 . 050 ) .
18 20 . 38 . 050 Applicability.
19 The provisions in this section apply to all rural lands designated R- 5A or R- 10A on
20 the official zoning map , ( a ) outside designated urban growth area boundaries, and
21 ( b ) held in parcels of 20 acres or larger, including nominal 20 acrc parccls . The
22 following parcels are exempt from the cluster requirements :
23 ( 1 ) Divisions of land into parcels of 40 acres or larger .
24 ( 2 ) A parcel satisfying both of the following criteria :
25 ( a ) The parcel includes less than 50 percent agriculture protection overlay soils
26 ( detailed site-specific soil mapping provided by a certified professional soil scientist
27 may be substituted for the USDA Soil Survey of Whatcom County mapping , if it can
28 be shown to be more accurate ) ; and
29 ( b ) Less than 50 percent of the parcel has been designated as agricultural open
30 space for county property tax purposes within the past seven years .
31 ( 3 ) A parcel with land designated agriculture or forest in the Comprehensive Plan
32 located on less than 25 percent of the parcel perimeter, and surrounded on 75
33 percent or more of the parcel perimeter by any of the following :
34 ( a ) More intensive zoning districts , including residential , commercial , light industrial ,
35 and heavy industrial districts ; or
36 ( b ) Existing development patterns with residential densities greater than one unit
37 per two acres ; or
38 ( c) More intensive uses such as , but not limited to , schools, churches, rest homes
39 and other commercial uses .
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1 (4 ) A parcel occupied by a use legally established prior to May 20 , 1997 , where the
2 use affects 50 percent or more of the area of the parcel in a manner that effectively
3 prevents that 50 percent or more from being used for agricultural purposes both for
4 now and in the foreseeable future . For the purposes of this section , the presence of
5 forestlands and woodlands shall not be construed as a useor condition preventing
6 future use of property for agricultural purposes . Uses that effectively prevent future
7 agricultural use include but are not limited to those where costs to renovate the site
8 to achieve its former agricultural capabilities exceed thevalue of the land for
9 agricultural use . ( Ord . 2002- 060 § 1 , 2002 ; Ord . 2001 - 016 § 1 , 2001 ; Ord . 98 - 083
10 Exh . A § 45 , 1998 . Formerly 20 . 38 . 020 ) .
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