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HomeMy WebLinkAboutord2009-066 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009=338 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 8/4 Council Introduction Tyler Schroeder AIL a a l Division Head: 9/15 Planning and Wain Harrison 7/Z i'779 V Development A = �n � D Committee Dept.Head: JUL 9/15 Council David Stalheim ; 12i J U. 2 8 2009 Prosecutor: Royce Buckingham i�� Purchasing/Budget: n I e ATCOM COUNTY Brad Bennett Executive: Pete Kremen 77 10?TITLE OF DOCUMENT: Agricultural Protection Overlay Zone Interim Ordinance ATTACHMENTS: (1) Memo to Council (2) Interim Ordinance amending Title 20 SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: September 15,2009 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.) An interim ordinance that amends the definition of a"parcel"in the Agriculture Protection Overlay (APO) zone. The ordinance amends the definition to include adjoining rights-of-way in calculating parcel size. The interim ordinance for properties within jurisdiction of the Shoreline Management Program removes submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in calculating the parcel size. COMMITTEE ACTION: COUNCIL ACTION: 9/15/2009: Forwarded to Council for approval 8/04/2009: Introduced 9/15/2009: Council Adopted 5-2 Nelson & Crawford opposed Ord. 2009-066 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Ord. 2009-066 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. I:\Planning Division\Long Range Planning\Amendments-CP and Code\PLN-2009\APO Interim Ordinance\agendabill.doc SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 8/04/2009 ORDINANCE NO. 2009-066 AN INTERIM ORDIANCE AMENDING THE AGRICULTURAL PROTECTION OVERLAY (APO) ZONE'S DEFINITION OF A PARCEL WHEREAS, amendments to the APO zone in this ordinance are for clarity and consistency of definitions within Whatcom County's Zoning Code, Title 20; WHEREAS, an interim ordinance is necessary to amend development regulations for consistency within the code and to ensure preservation of Agricultural lands in Whatcom County; WHEREAS,the Agricultural Advisory Committee and staff are requested to recommend options for Zoning code and Comprehensive plan amendments to strengthen farm and land preservation policies; WHEREAS,the Council makes the following findings of fact and reasons for action in accordance with RCW 36.70.795: FINDINGS OF FACT AND REASONS FOR ACTION 1. The purpose of the Agricultural Protection Overlay (APO) zone's purpose is "...to maintain and enhance commercial agricultural activity and further protect open space resources within Whatcom County; further the county's efforts in meeting long-term agricultural needs;provide a reasonable mix of uses and activities which may enhance the economic resources available to the farmer; and provide for a variety of uses within the rural areas which are not inconsistent with or incompatible with the use of lands within the area for agricultural activities. This chapter is not intended to interfere with the use of other resources". 2. ORD 2001-016, amended the official Whatcom County Code, Title 20, Chapter 20.38, Agriculture Protection Overlay, to enhance the APO compliance with the Growth Management Act and to provide clarification. Among those changes, the language "including nominal 20 acre parcels" was included to provide clarification to the Applicability section of APO; WCC20.38.050. This language has led to inconsistent applicability of APO with regards to land division applications on parcels held in 20 acres. 3. This inconsistent applicability was upheld in a recent July 16, 2009 Whatcom County Hearing Examiner decision. The Administrative Appeal, APL2009-00015, decided that a"parcel" as that term is defined in the Agriculture Protection Overlay consisting of 19.77 acres, is not subject to APO. According to the Hearing Examiner decision, "the term "minimum lot size" is a term of art within the Zoning Ordinance and it must be presumed that the legislative body's failure to use the term within the Applicability Section of the APO was intentional. Had the legislative body desired to include one-half of the bounding roads in determining the parcel size to be subjected to the APO, it could have made it applicable to parcels with a "minimum lot size"of twenty acres or larger, instead of giving a specific definition to the term "parcel"in the APO Section and then applying the APO to "parcels"twenty acres or larger in size." 4. The reason for this interim ordinance is to clarify and make consistent the applicability of APO as considered for the purposes of land division. This is done by making the definition of"parcel" consistent with"gross density" and "minimum lot size". Thereby, requiring all land division applications of parcels held in 20 acres, for the purpose of land division, subject to APO, to implement clustering techniques. 5. With the adoption of this ordinance, APO applicability will be similar in interpretation as the terms "gross density" and "minimum lot size"within the official Whatcom County Code, Title 20, Chapter 20.97, Definitions. Historical interpretation of"gross density" is to measure to center of the adjoining road rights-of-way for purposes of land division applications. 6. This clarification will require clustering techniques to be implemented, for land division proposals, if a parcel is held in 20 acres and is subject to APO. 7. The Whatcom County Council adopted RES2009-040 on July 7, 2009 affirming the County's goal of maintaining a minimum of 100,000 acres of agricultural land in Whatcom County. 8. 100,000 acres is the minimum goal for ensuring a land base necessary to support a viable agriculture industry in Whatcom County. 9. Currently there are 88,000 acres of agriculturally zoned land in Whatcom County 10. The Agricultural Protection Overlay Soils are those soils determined to be the best soils for farming. NOW, THEREFORE,BE IT ORDAINED by the Whatcom County Council that the Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown in Exhibit A. BE IT FURTHER ORDIANED,by the Whatcom County Council,pursuant to RCW 36.70.795,that this amendment shall be effective for not longer than six months following the effective date of this ordinance ADOPTED this 1 5th day of September , 2009. ��������"""'►►�,,�� WHATCOM COUNTY COUNCIL A v:Y C Q�'% WHATCOM COUNTY, WASHINGTON 0 •� HATC •it* • N _ /4,74, j/ 'vane•;� 410.1x,Co ci1 Clerk S- Fleetwo+d, Chairperson .,� ��. APPROVED as to form: ( pproved () Denied Civil Deputy Prosecutor Pete Kremen, Executive Date: EXHIBIT A 20.38.040 Definitions. For the purposes of the Agriculture Protection Overlay zone: (1) A "parcel" is defined as a legal lot of record (WCC 20.83.060) or, if consolidation has taken place pursuant to WCC 20.83.070, the entire area of the consolidated lots. Parcel acreage shall include the area of adjoining road rights-of-way. For properties within the jurisdiction of the Shoreline Management Program, submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in calculating the parcel size. If a parcel is bisected by a public right-of-way, or a river, a pond, or a lake as defined in the critical areas ordinance, and the resultant area is less than 20 acres, the provisions of this chapter do not apply to that portion. (2) Agriculture protection overlay soils are those soils determined by Whatcom County, in consultation with the Natural Resource Conservation Service and local farmers, as being the best soils for farming. Each soil type named in the list below also has a number. This number is used in the "Soil Survey of Whatcom County Area, May 1992," to identify the mapping unit (soil type) in all text, maps and tables contained in the soil survey. Agriculture Protection Overlay Soils No. Name 12 Birchbay Silt Loam - 0 to 3% slopes 13 Birchbay Silt Loam - 3 to 8% slopes 22 Briscot Silt Loam-Drained - 0 to 2% slopes 31 Clipper Silt Loam-Drained - 0 to 2% slopes 45 Edmonds-Woodlyn Loams-Drained - 0 to 2% slopes 53 Everson Silt Loam-Drained - 0 to 2% slopes 54 Fishtrap Muck-Drained - 0 to 2% slopes 62 Hale Silt Loam-Drained - 0 to 2% slopes 79 Kickerville Silt Loam - 0 to 3% slopes 80 Kickerville Silt Loam - 3 to 8% slopes 95 Larush Silt Loam - 0 to 3% slopes 96 Laxton Loam - 0 to 3% slopes 97 Laxton Loam - 3 to 8% slopes 99 Lynden Sandy Loam - 0 to 3% slopes 100 Lynden Sandy Loam - 3 to 7% slopes 107 Mt. Vernon Fine Sandy Loam - 0 to 2% slopes 115 Oridia Silt Loam-Drained - 0 to 2% slopes 116 Pangborn Muck-Drained - 0 to 2% slopes 123 Puget Silt Loam-Drained - 0 to 2% slopes 124 Puyallup Fine Sandy Loam - 0 to 2% slopes 139 Sehome Loam - 2 to 8% slopes 143 Shalcar Muck-Drained - 0 to 2% slopes 148 Skipopa Silt Loam - 0 to 8% slopes 151 Snohomish Silt Loam-Drained - 0 to 2% slopes 162 Sumas Silt Loam-Drained - 0 to 2% slopes 165 Tromp Loam - 0 to 2% slopes 178 Whatcom Silt Loam - 0 to 3% slopes 179 Whatcom Silt Loam - 3 to 8% slopes 184 Whitehorn Silt Loam - 0 to 2% slopes 186 Winston Silt Loam - 0 to 3% slopes 191 Yelm Loam - 3 to 8% slopes (Ord. 2002-060 § 1, 2002; Ord. 2001-016 § 1, 2001; Ord. 2000-013 § 1, 2000; Ord. 99-092, 1999; Ord. 98-083 Exh. A § 45, 1998. Formerly 20.38.050). 20.38.050 Applicability. The provisions in this section apply to all rural lands designated R-5A or R-10A on the official zoning map, (a) outside designated urban growth area boundaries, and (b) held in parcels of 20 acres or larger, '- - _ - ; - - . e . - :. - . The following parcels are exempt from the cluster subdivision requirements: (1) Divisions of land into parcels of 40 acres or larger. (2) A parcel satisfying both of the following criteria: (a) The parcel includes less than 50 percent agriculture protection overlay soils (detailed site-specific soil mapping provided by a certified professional soil scientist may be substituted for the USDA Soil Survey of Whatcom County mapping, if it can be shown to be more accurate); and (b) Less than 50 percent of the parcel has been designated as agricultural open space for county property tax purposes within the past seven years. (3) A parcel with land designated agriculture or forest in the Comprehensive Plan located on less than 25 percent of the parcel perimeter, and surrounded on 75 percent or more of the parcel perimeter by any of the following: (a) More intensive zoning districts, including residential, commercial, light industrial, and heavy industrial districts; or (b) Existing development patterns with residential densities greater than one unit per two acres; or (c) More intensive uses such as, but not limited to, schools, churches, rest homes and other commercial uses. (4) A parcel occupied by a use legally established prior to May 20, 1997, where the use affects 50 percent or more of the area of the parcel in a manner that effectively prevents that 50 percent or more from being used for agricultural purposes both for now and in the foreseeable future. For the purposes of this section, the presence of forestlands and woodlands shall not be construed as a use or condition preventing future use of property for agricultural purposes. Uses that effectively prevent future agricultural use include but are not limited to those where costs to renovate the site to achieve its former agricultural capabilities exceed the value of the land for agricultural use. (Ord. 2002-060 § 1, 2002; Ord. 2001-016 § 1, 2001; Ord. 98-083 Exh. A § 45, 1998. Formerly 20.38.020).