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HomeMy WebLinkAboutord2009-024 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 176 _ CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: yp 3/31 Council Introduction Alex Cleanthous Ace 3/i 9 / Division Head: ,l L- n C IL 7 D • Wain Harrison — / 37/947 V 4 / 14 / 09 P & D / Council Dept. Head: /"�//(//� MAR 2 4 2009 4/14 Council David Stalheim \6 [ 3— (ql (7 Prosecutor: �d �6� ;. f " (3 J COUNTY Royce Buckingham COUNCIL Purchasing/Budget: Brad Bennett ' Executive: Pete Kremen ( 3 1n/ TITLE OF DOCUMENT: Urban Zone Amendments ATTACHMENTS: ( 1 ) Proposed Zoning Code Amendment (2) Whatcom County Planning Commission Findings of Fact and Reasons for Action 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.) Whatcom County' s URMX zone was found out of compliance by the Western Washington Growth Management Hearings Board, as it does not have the necessary development regulations in place to facilitate for development at adopted Comprehensive Plan map densities. Additionally proposed are amendments to the cluster subdivision requirements and amending the zoning code to lower development potential within the Bellingham UGA to one dwelling unit per ten acres. COMMITTEE ACTION: COUNCIL ACTION: 4 / 14 / 2009 : Forwarded to Council for approval 3 / 31 / 2009 : Introduced 4 / 14 / 2009 : Council Adopted 7 -0 Ord . 2009 -024 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2009-024 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 : 3 / 31 / 2009 ORDINANCE NO . 2009 - 024 AMENDING WCC TITLE 20 , TO ADOPT DEVELOPMENT REGULATIONS WITHIN THE URMX ZONE, MODIFY DEVELOPMENT POTENTIAL WITHOUT PUBLIC WATER AND SEWER SERVICE, AND AMEND THE CLUSTER SUBDIVISION REQUIREMENTS IN THE UR, URM, AND URMX ZONES WHEREAS, Whatcom County was challenged before the Western Washington Growth Management Hearings Board (WWGMHB) on the sizing of the Bellingham Urban Growth Area that was adopted in February 2008 by the Whatcom County Council (ORD2008 -003 ), WHEREAS, WWGMHB Case No . 08 -2-0021c found Whatcom County compliant on a number of the issues, the WWGMHB did find that the Bellingham Urban Fringe Subarea Plan is both an internally and externally inconsistent document, WHEREAS, The WWGMHB decision gave a May 12, 2009 date of compliance for the internal and external consistency issues found within. the Bellingham Urban Fringe Subarea Plan and the Urban Residential Mixed Use zone, WHEREAS, The Whatcom County Council has interim ordinance ORD2007-051 in place for Bellingham Urban Growth Area. The interim ordinance applies specifically to the UR, and URM. zones that the subdivision of lots will not be less than one dwelling unit per ten acres in the Bellingham Urban Growth Area, . WHEREAS, Whatcom County Council initiated interim ORD2007-051 on September 27, 2007. The interim has been twice renewed; March 11 , 2008 and September 9, 2008, WHEREAS,. In accordance with RCW 36.70A. 106 Whatcom County Planning and Development Services notified the Department of Community, Trade and Economic Development on December 19, 2008 that the County will consider amendments to the . Bellingham Urban Fringe Subarea Plan along with amendments to the UR, URM, and URMX zone, WHEREAS, Whatcom County received an acknowledgment letter from the Department of Community, Trade and Economic Development on the proposed amendments to the Bellingham Urban Fringe Subarea Plan and the proposed zoning text amendments on December 29, 2008 , WHEREAS, The Whatcom County SEPA Official on February 12, 2009 gave this non- project action a Determination of Non-Significance, WHEREAS, A legal notice for the Whatcom County Planning Commission public hearing was published March 1 , 2009 , WHEREAS , The Whatcom County Planning Commission held a public hearing on the proposed zoning text amendments and voted 5 -0 in favor of recommending approval on the proposed zoning text amendments, FINDINGS OF FACT AND REASONS FOR ACTION 1 . Whatcom County ' s designation of the Bellingham Urban Growth area was challenged and brought before the Western Washington Growth Management Hearings Board (WWGMHB) case number 08 -2-0021c. Petitioners Jack Petree, Robert Wiesen, and Caitac USA Corp challenged Whatcom County ' s adoption of the Bellingham Urban Growth Area (UGA) as being undersized and thereby insufficient to accommodate Bellingham' s projected 20-year population growth. 2 . Petitioners also contend that the County failed to consider the goals of the Growth Management Act (GMA) when designating the Bellingham UGA and that the designation itself does not comply with several of the GMA' s goals . 3 . Petitioners further challenged the consistency of the County' s UGA designation with its comprehensive plan and County-wide Planning Policies and the lack of development regulations in the UGA to implement new UGA land use designations. 4. The Board found no evidence demonstrating that the Bellingham UGA designation was not guided by GMA goals nor is the designation of Bellingham' s UGA inconsistent with the County' s Comprehensive Plan policies or countywide planning policies related to urban growth. 5 . The Board found inconsistencies between Whatcom County' s Bellingham Urban Fringe Subarea. The Subarea plan' s locational ,criteria and policies are inconsistent with adopted Bellingham Urban Growth Area maps . 6 . The Board also found a lack of development regulations in place to implement the adopted density for the Urban Residential Mixed Use zone. The Board however found that because the challenge was early in the planning period, and the area is not sewed by urban services, and the County continues to hold the area at a density of one unit per five acres, that the Board would not grant the Petitioners ' request for invalidity. 7. The Board ruled that amendments are necessary to amend inconsistencies between planned densities in adopted Comprehensive Plan maps for the Bellingham UGA and policies. 8 . Whatcom County completed an Environmental Impact Statement (EIS) for the 5 year review of the Bellingham Urban Growth Area and the Bellingham Urban Fringe Subarea. Through the EIS pubic process reserving lands for development at planned urban densities was determined to be a significant concern from the public through those deliberations . 9 . Whatcom County' s Comprehensive Plan has allocated for the City of Bellingham a projected population of 113 ,055 for 2022 . The City of Bellingham ' s population projection is 48 % of Whatcom County ' s total population projection of 234, 917 for 2022 . The City of Bellingham serves as the population center for Whatcom County. 10 . The Whatcom County Planning Commission held over 40 meetings on their recommended land use policies for the Bellingham Urban Fringe Subarea. 11 . The interim ordinance lowering development potential in the Bellingham Urban Growth Area to one unit per ten acres was initiated to implement development regulations that would be consistent with Whatcom County Planning Commission November 2006 recommend land use policies for the Bellingham Urban Fringe Subarea Plan. 12 . Raising the development standard from one dwelling unit per five acres to one dwelling unit per ten acres in the Bellingham Urban Growth Area will ensure that development will occur at urban densities. Five acre tracts create future issues for redevelopment, as they are inefficient to divide into urban size lots. This may ultimately have the effect of inefficient use of Whatcom County ' s Urban Growth Areas . 13 . Efficient use of the Bellingham Urban Growth Area and all of the Urban Growth Areas within Whatcom County will ensure that development will be concentrated within the urban portions of Whatcom County, and will avoid the need to expand Urban Growth Areas into the rural and agricultural portions of Whatcom County. CONCLUSION . The proposal meets all of the legal requirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, along with policies within Whatcom County' s County Wide Planning Policies. Approval of this amendment is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1 . The Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown in Exhibit A. ADOPTED this 14th day of April , 2009 . WHATCOM COUNTY COUNCIL ATTEST: $tvia1;c WHATCOM COUNTY, C O 70 WASHINGTON • W HA • • rie% • a , "r • .1 / area ! , Dana• : + wa-D�.t•�Cou it Clerk 'eth Flee • ood, Chairperson • NING . • •` • OID 00 - ',',1 % • EXHIBIT A Urban Residential WCC 20.20 20.20.252 Maximum density, minimum lot size and maximum lot size within an urban growth area. Minimum Lot Size Maximum Min. Reserve District Maximum Lot Size Area (Cluster Gross Density Cluster Conventional Cluster Subdivisions) Lots Maximum gross UR: all densities without density: 1 N/A* 8,000 22,000 80% public sewer and water* * dwelling unit/5 sq. ft. sq. ft. acres UR: in Bellingham' s UGA Maximum without public sewer and density: 1 10 acres 8,000 22,000 sq. 80% water dwelling unit/ 10 sq. ft. ft. acres Maximum gross UR: all densities outside density: 1 N/A* 8,000 22,000 80% short-term planning areas* * dwelling unit/5 sq ft sq. ft. acres Maximum gross UR: all densities with public density: 1 N/A* 8 000 22,000 80% sewer or water* * dwelling unit/5 sq ft sq. ft. Acres UR-3 : in short-term planning Maximum gross areas with public sewer and density: 3 8,000 water, and stormwater dwelling units/ 1 12,000 sq. ft. sq. ft. N/A 25% collection and detention acre facilities Maximum gross density: 4 UR-4 : in short-term planning dwelling units/ 1 areas with public sewer and acre 6,000 water, and stormwater 8,000 sq. ft. sq. ft. N/A 20% collection and detention Minimum net facilities density: 4 dwelling units/ 1 acre* * Maximum gross UR-6 : in short-term planning density: 6 areas with public sewer and dwelling units/1 4 000 water, and stormwater acre 5 ,500 sq. ft. sq. ft. N/A 20% collection and detention q' facilities Minimum net density: 6 dwelling units/ 1 acre* * * For the purpose of administering the lot consolidation provisions of WCC 20. 83 .070, the conventional minimum lot size shall be five acres. * * Minimum density shall be calculated as net density, after deducting the areas restricted from development by critical area regulations and infrastructure requirements. Urban Residential — Medium Density (URM) District 20.22.252 Maximum/minimum density and minimum lot size— General. 0-) Maximum Minimum Gross Minimum Lot Minimum Lot Size Reserve District Density Size — Lot Size — Area Conventional Cluster Clustered (Cluster Lots Divisions) Maximum URM: all densities without density: 1 N/A* 22,000 80% public sewer and water dwelling 7,200 sq. ft. sq. ft. unit/5 acres Maximum URM: in Bellingham' s UGA density: 1 10 acres 7,200 sq. ft. 22,000 sq. 80% without public sewer and water dwelling ft. unit/ 10 acres Maximum URM: all densities outside density: 1 N/A* 22,000 80% short-term planning areas dwelling 7,200 sq. ft. sq. ft. unit/5 acres Maximum URM: all densities with public density: 1 * 22,000 0 sewer or water dwelling N/A 7,200 sq. ft. sq. ft. 80 /o unit/5 acres URM-6 : with public sewer and Maximum water, and stormwater collection density: 6 7,200 sq. ft. N/A N/A N/A and detention facilities dwelling units/acre URM- 12 : with public sewer and Maximum water, and stormwater collection density: 12 7,200 sq. ft. N/A N/A N/A and detention facilities dwelling units/acre URM- 18 : with public sewer and Maximum water, and stormwater collection density: 18 7,200 sq. ft. N/A N/A N/A and detention facilities dwelling units/acre Minimum net URM-24 : with public sewer and density: 10 water, stormwater collection and dwelling detention facilities and units/acre transferable development rights N/A N/A N/A N/A pursuant to the provisions of Chapter 20. 89 WCC and subsection (4) of this section. Maximum density: 24 dwelling units/gross acre * For the purpose of administering the lot consolidation provisions of WCC 20. 83 .070, the conventional minimum lot size shall be five acres. Urban Residential Mixed (UR-MX) District 20.24 20.24.251 Minimum lot size. For the purpose of creating new building lots within the Urban Residential Mixed District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to whether or not public sewer, water, and, where identified by the appropriate Comprehensive Plan policies, stormwater collection and detention facilities serve the project site. Where public sewer and water are not provided, the minimum lot size shall be five acres, except within the Bellingham UGA where the minimum lot size shall be 10 acres . If public sewer and water, and, where specified by the Comprehensive Plan, stormwater drainage facilities are provided, the minimum lot size shall be as presented in WCC 20.24.252 . 20.24.252 Density and minimum lot size. Maximum Minimum Minimum Lot Minimum Lot Size Reserve Area District Gross Density Size — Lot Size — (Cluster Conventional Cluster Clustered Lots Divisions) URMX: all densities Maximum without public sewer and density: 1 N/A 4,000 sq. ft. 22,000 80% water dwelling unit/ 5 sq. ft. acres URMX: in Bellingham' s Maximum UGA without public density: 1 10 acres 4,000 sq. ft. 22,000 sq. 80% sewer and water dwelling unit/ 10 ft. acres URMX: all densities Maximum outside short-term density: 1 22,000 sq. 80% planning areas dwelling unit/5 N/A 4,000 sq. ft. ft. acres Maximum . URMX: all densities with density: 1 N/A 4,000 sq. ft. 22,000 sq. 80% public sewer or water dwelling unit/5 ft. acres Maximum gross density: 10 URMX: with public dwelling units/ 1 sewer and water, and acre stormwater collection and 4,000 sq. ft. N/A N/A N/A detention facilities Minimum net density: 6 dwelling units/ 1 acre • Maximum gross URMX (6- 10) : with density 10 public sewer and water, dwelling units/ 1 4,000 sq ft N/A N/A N/A and stormwater collection acre and detention facilities Minimum net density: 6 units/ 1 acre Maximum gross density: 12 URMX (6- 12) : with dwelling units/ 1 public sewer and water, acre N/A N/A N/A N/A and stormwater collection and detention facilities Minimum net density: 6 units/ 1 acre Maximum gross density 24 URMX (10-24): with dwelling units/1 public sewer and water, acre N/A N/A N/A N/A and stormwater collection and detention facilities Minimum net density: 10 units/ 1 acre ( 1 ) Minimum density shall be calculated as net density, after deducting the areas restricted from development by critical areas regulations and infrastructure requirements. (2)For development with densities over a zone ' s minimum net density, transferable development rights (TDRs) from the Lake Whatcom watershed sending area must be used, pursuant to the provisions of Chapter 20. 89 WCC, Density Transfer Procedure. Each development right transferred from the Lake Whatcom watershed may be used to develop three dwelling units in the UGA. TDRs must be used to attain any density greater than the minimum net density of a zone. 20.24.305 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, increase energy efficiency and reserve areas of land which are suitable for forestry, open space or future development. (2) Lot clustering is required for residential land divisions when: (a) The property is located within a short-term planning area and public water and sewer are not available; or (b) The property is located within a long-term planning area. 20. 24.320 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, open space or future development 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 it is included in the overall density calculation of the original parcel of record. Within short-term planning areas where public water and sewer are not available and long-term planning areas, the reserve tract may be considered a building lot only under one of the following additional conditions : (a) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. The building envelope shall : (i) Be contiguous with the outside boundary of the clustered lots; and (ii) Be entirely located 200 feet or less from the outside boundary of the clustered lots; and (iii) Not exceed the maximum lot size for clustered lots in the zone. (b) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. The building envelope shall : (i) Be contiguous with an exterior property line of the original parcel of record; and (ii) Be entirely located 200 feet or less from an exterior property line of the original parcel of record; and (iii) Not exceed the maximum lot size for clustered lots in the zone. (c) An existing residential use and accessory structures may be located anywhere on the reserve tract. Clustered lots shall be located adjacent to such existing residential use, unless the zoning administrator determines that: (i) Because of physical circumstances applicable to the site, clustering adjacent to the existing residential use would hinder access to the reserve tract for future urban development; or (ii) Protection of environmental features would be negatively impacted; or (iii) Existing agricultural structures would be negatively impacted. (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 fmds that in developing adjacent tracts it would help to further the objectives listed in WCC 20 .20 .305 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 specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas 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 (c) The site is within a short-term planning area and public water and sewer serve the proposed development on the reserve tract. (4) For sites located within urban growth areas, wells, sewage disposal systems, and associated easements may be located on the reserve tract only if: (a) The applicant demonstrates to the Whatcom County health department that there is not adequate space on the clustered lots for such facilities and/or easements; and (b) A note is placed on the face of the plat stating that, prior to filing a final plat with the county auditor that divides the reserve tract for urban density development: (i) Owners of clustered lots and the reserve tract shall hook up to public water and sewer; and (ii) Easements and restrictive covenants for wells and/or sewage disposal systems on the reserve tract shall be extinguished, with health department approval; and (iii) Wells on the reserve tract shall be decommissioned in accordance with Washington Department of Ecology regulations and sewage disposal systems on the reserve tract shall be abandoned. The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities. (5) The purpose of the reserve tract as stated in subsections ( 1 ), (2), (3 ) and (4) 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 . (6) That the above stated requirements in subsections (2) through (5) 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.