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HomeMy WebLinkAboutord2009-062 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-286A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: RM 7/7/09 7/21/09 Introduction am` j �_ ;r Ir�1 I� ! L� U `��' 'L Division Head: d 8/4/09 Hearing Dept.Head: ,1 7 y JUL 1 4 2009 f -� 7—a!!!�r Prosecutor: ( / � WHATCOM COUNTY COUNCIL Purchasing/Budget: - Executive: 4Vl 7131 TITLE OF DO UME1'T: Amendment of Title 20 (WCC 20.34) Rural Residential Island ATTACHMENTS: • Draft Ordinance • Pronosed amendment to WCC 20.34 SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? (X ) Yes ( ) NO Requested Date:8/04/09 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.) Ordinance to amend Title 20; WCC 20.34 Rural Residential Island. The amendments will reduce the density and make other changes to the RRI zone for Lummi Island. COMMITTEE ACTION: COUNCIL ACTION: 7/21/2009: Introduced 8/04/2009: Council Adopted and Amended 5-1 Nelson opposed and Crawford absent Ord. 2009-062 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: PDS File # CMP 2008-00009 Ord. 2009-062 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 : 7 / 21 / 09 ORDINANCE # 2009 - 062 AMEND WHATCOM COUNTY ZONING CODE TITLE 20 WCC 20 . 34 RURAL RESIDENTIAL ISLAND WHEREAS , the Lummi Island Subarea Plan was adopted on May 12 , 2009 ; and WHEREAS, the Lummi Island Subarea Plan is a part of the Whatcom County Comprehensive Plan; and WHEREAS, the Lummi Island Subarea Plan Goal 1 . 1 states : Amend the RR-I District zoning regulations and other regulations, as applicable, to establish one unit per five acres as the maximum density throughout the RR-I zone; and WHEREAS , the Lummi Island Subarea Plan Goal 1 . 3 states : Amend the RR-I District zoning regulations (WCC 20 . 34 . 251 -253 ) to eliminate provisions of the code authorizing different density provisions within and outside of groundwater aquifer recharge areas, including elimination of the density transfer provisions contained in WCC 20 . 34 . 251 (3 ) and WCC 20 . 34 . 330 ; and WHEREAS , the Lummi Island Subarea Plan Goal 3 . 1 states : Amend the RR-I District zoning regulations (WCC 20 . 34), and other regulations as applicable, to incorporate the following clustering and open space design provisions on Lummi Island : 3 . 1a Retain at least 60% of the site as permanent open space either in common or single ownership . Amend the "reserve tract" provisions of WCC 20 . 34 . 310- 320 to state that "a reserve tract must be created for perpetuity and be 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 is serves for perpetuity. " WHEREAS, Legal notice of the Planning Commission hearing was published in the Bellingham Herald; and WHEREAS, The Planning Commission held a public hearing on the proposal ; and WHEREAS, The County Council has considered the Planning Commission' s recommendations . P. 1 The Council makes the following findings of fact and conclusions : FINDINGS OF FACT 1 . Pursuant to RCW 36 . 70 . 590 legal notice for a public hearing was published in the Bellingham Herald on October 12 , 2008 . 2 . A new Determination of Non- Significance was issued under the State Environmental Policy Act ( SEPA) on September 19 , 2008 . Comments were received from Darlyn DelBoca and David K. Ernst. The comments were reviewed by the Deputy SEPA Official . The comments did not change the Determination of Nonsignificance . 3 . Most of the north island remains rural with a settlement pattern of one unit per three or five acres ; however, there are some areas that have already developed at suburban rather than rural character. These include higher density developments approved prior to the advent of the Growth Management Act such as the Beach Club Condominiums, Scenic Estates, Lane Spit, and Isle Aire . In other areas shorelines have been densely developed on old small non-conforming lots—often less than an acre . 4 . Both the Lummi Island Planning Survey and the small group discussions of alternative growth management strategies indicated support for increased protection of unique components of the built and natural environment that constitute the island ' s rural character, including open fields and woods, hedgerows, fain' buildings and old homesteads , open vistas, groundwater recharge areas and environmentally sensitive areas and undeveloped shorelines . Clustering was supported by a majority of respondents on the Planning Survey—most notably "if the reserve tract is legally guaranteed never to be developed " . 5 . The adoption of the revised zone text for the Rural Residential Island zoning district, will reduce the density on most of the unplatted RRI zoned land to one dwelling unit per 5 acres . 6 . The Planning Commission held a public hearing on October 23 , 2008 . The Planning Commission approved the staff recommendation with amendments . Amendments included portions of the draft Subarea Plan, maintaining the clustering language for RRI, and changes to the proposed WCC 16 . 16 to include an exempt well provision and notification to surrounding property owners of the pumping test. CONCLUSIONS 1 . The subject amendments are consistent with the approval criteria of WCC 20 . 10 . 080 and serve the public interest . The amendments will not create an undue burden under section 1 . 11 of the County Charter . P. 2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: The Whatcom County Zoning Code Title 20 shall be amended as proposed in Exhibit A. ADOPTED this 4th day of August , 2009 WHATCOM COUNTY COUNCIL S0• 4 W SJI y (+O WHATCOM COUNTY, WASHINGTON .'.W HATC ' ��� 1i na Bro Jaavrs, CcAil Clerk 4 Fleet rood, Chairperson APPROVED as to form: ( pproved () Denied Civil Depu Prosecutor Pete Kremen, Executive Date: f ©( P.3 Exhibit A Title 20 Amendments 20 . 34 . 250 Maximum density , minimum lot size and width . 20 . 34 . 251 Minimum lot size and maximum density . Maximum density shall not exceed one dwelling unit per five acres . 20 . 34 . 252 Maximum density and minimum lot size . Gross Density Minimum Lot Size Min . Conservation Area 1 dwelling unit/5 Conventional Cluster (Cluster Subdivisions ) acres 5 acres ** 60 % ** The lot size that satisfies the Whatcom County health department requirement for water and sewage services . 20 . 34 . 253 Minimum lot width and depth . District Width at Street Line Width at Minimum Mean Depth Conventional Cluster Bldg . Line RR- I : 300 ' J 70 ' 80 ' 100 ' (Ord . 86-29 , 1986 ; Ord . 84-38 , 1984 ; Ord . 82-58 , 1982) . 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 , 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 . (Ord . 99-069 , 1999 ; Ord . 90 -45 , 1990) . Page 1 of 3 Exhibit A 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 should 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) Where practical , the majority of building sites should 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 should be provided by short length roads or loop roads . In addition , interior streets shall be designed to allow access to the "conservation tract" . (Ord . 90-45 , 1990) . 20 . 34 . 320 Conservation tract . For the purposes of this section , " conservation 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 "conservation 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 " conservation tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party . (2 ) The "conservation 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 . (3 ) The conservation tract is created and is unbuildable beyond any building density remaining at the time of land division . This is intended to ensure that the conservation tract open space will remain in the same location adjacent to the clustered lot it serves . Page 2 of 3 Exhibit A (4) The purpose of the conservation tract as stated in WCC 20 . 34 . 320 ( 1 ) , (2 ) , and ( 3 ) 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 "conservation tracts . " (5) That the above stated requirements WCC 20 . 34 . 320 (2) , (3) , and (4 ) 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 . ( Ord . 99-069 , 1999 ; Ord . 98-083 Exh . A § 35 , 1998 ; Ord . 90-45 , 1990) . Page 3 of 3