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HomeMy WebLinkAboutord2007-050WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-316 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Gary Davis J rV�/1 ? �Z e7 7/24107 Introduction Division Head: 13'67 Linda Peterson ��; � IL 17 2- A04 8/7/07 P &D /Council Dept. Head. J.E. "Sam " Ryan ��f' p 9/25/07 Council Prosecutor: Royce Buckingham �A1j i t f� A g f�0 �; �/ �+l .r :, �; 0M lr N f Purchasing/Budget: ' f !J �� N G • � L Executive: Pete Krernen (! TITLE FDOCUMENT.- Ordinance adopting amendments to the UR zoning district relating to establishing an Urban Residential 6 units /acre (UR6) district and requiring minimum densities in the UR4 and UR6 districts. ATTACHMENTS. (1) Proposed ordinance, (2) Whatcom County Planning Commission Findings of Fact & Reasons for Action, Conclusions and Recommendation, (3) Staff Report, ZON2007 -00002 SEPA review required? ( x )Fes { ) NO Should Clerk schedule a Bearing ? { ) Yes ( x! ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 1 A hearing must be held if the Council changes the Planning Commission recommendation CC20.10.110. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Amend the official Whatcom County Zoning Ordinance: Chapter 20.20 - Urban Residential (UR) District, to add an Urban Residential 6 units /acre (UR6) district and to address minimum density and minimum lot size requirements in Urban Residential 4 units /acre (UR4) and UR6 districts. COMMITTEEACTION.• COUNCIL ACTION: 7/24/2007: Introduced 8/07/2007: Forwarded to Council for approval 8/07/2007: Held 9/25/2007: Council Adopted 6 -1 Crawford oppose Ord. 2007 --050 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Replaced 2007 -248 Ord. 2007 --050 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.uslcouncil. 4 -30 -07 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 7/24/2007 ORDINANCE # 2007 -050 ADOPTING AMENDMENTS TO THE UR ZONING DISTRICT RELATING TO ESTABLISHING A UR6 DISTRICT AND REQUIRING MINIMUM DENSITIES IN THE UR4 AND UR6 DISTRICTS WHEREAS, The proposal will facilitate efficient utilization of land in urban growth areas; WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held public hearings on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments; and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies, on April 19, 2007. 2. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on April 15, 2007. 3. Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on April 20, 2007. 4. On April 20, 2007, the Whatcom County SEPA Official stated that the subject proposed zoning text amendments are procedural in nature and therefore exempt from the requirements of SEPA pursuant to WAC 197 -11- 800(19). Chapter 20.20 of the Official Whatcom County Zoning Ordinance lacks density requirements that would ensure that density goals of the GMA and Whatcom County Comprehensive Plan will be met. 6. The County should add a UR6 district to Chapter 20.20 to ensure that future development in the Lynden and Ferndale UGAs will meet the Comprehensive Plan's density goals for those UGAs. P. 1 7. The County should add minimum net density requirements to the UR4 and UR6 districts to ensure that future development will meet the density goals of the GMA and the Comprehensive Plan. CONCLUSIONS The subject amendment is consistent with the Whatcom County Comprehensive Plan and serves 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 on Exhibit A. Section 2. 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. �OPTF��lhigr� 5th day of Sept. , 2007 Clerk APPROVED as to form: f Civil Deputy Prosecutor P. 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chairperson ( Approved O Denied r Pee {remen, Executive Date: ''- 2,F-0'7 Exhibit A: Proposed amendments to WCC 20.20.252 20.20.252 Maximum density, minimum lot size and maximum lot size within an urban growth area. * For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 5 acres. ** Does not apply to the Bellingham urban growth area. * ** Minimum densitv shall be calculated as net density. after deducting the areas restricted from development by critical area regulations and infrastructure requirements. P. 3 Min. Reserve District nUXOM,m Minimum Lot Size Maximum Lot Area (Cluster 6F,ess Density Size Subdivisions) Conventional Cluster Cluster Lots Maximum gross NIA* density: 1 UR: all densities without ** 12,500 sq. ft. 22,000 sq. ft. NIA public sewer and water dwelling unit/5 acres Maximum gross NIA * NIA density: 1 UR: all densities outside 12,500 sq. ft. 22,000 sq. ft. short -term planning areas ** dwelling unit/5 acres Maximum gross NIA* NIA density: 1 UR: all densities with public 12,500 sq. ft. 22,000 sq. ft. sewer or water *" dwelling unit/5 acres UR -3: in short -term planning Maximum gross yeas, with public sewer and density, 3 ater, and stormwater dwelling unitsll 12,000 sq. ft. 8,000 sq. ft. NIA 25% ollection and detention facilities acre Maximum gross densi :4 UR-4: in short-term planning dwelling units/1 areas with public sewer and acre; water, and stormwater 8,000 sq. ft. 6,000 sq. ft. NIA 20% collection and detention Minimum net facilities density: 4 dwelling units/1 acre * ** Maximum gross density: 6 UR -6: in short-term planning dwelling units/1 5,500 sg. ft. 4,000 sq_ ft. NIA 20% areas with public sewer and acre; water and stormwater collection and detention Minimum net density: 6 facilities 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 5 acres. ** Does not apply to the Bellingham urban growth area. * ** Minimum densitv shall be calculated as net density. after deducting the areas restricted from development by critical area regulations and infrastructure requirements. P. 3 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATIONS AMENDMENTS TO THE UR ZONING DISTRICT RELATING TO ESTABLISHING A UR6 DISTRICT AND REQUIRING MINIMUM DENSITIES IN THE UR4 AND UR6 DISTRICTS WHEREAS, The proposal will facilitate appropriate urban densities in urban growth areas and preservation of rural and resource lands surrounding urban growth areas; and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held public hearings on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATIONS: FINDINGS OF FACT AND REASONS FOR ACTION Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies, on April 19, 2007. 2. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on April 15, 2007. Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on April 20, 2007. 4. On April 20, 2007, the Whatcom County SEPA Official stated that the subject proposed zoning text amendments are procedural in nature and therefore exempt from the requirements of SEPA pursuant to WAC 197 -11- 800(19). Chapter 20.20 of the Official Whatcom County Zoning Ordinance lacks density requirements that would ensure that density goals of the GMA and Whatcom County Comprehensive Plan will be met. 6. The County should add a UR6 district to Chapter 20.20 to ensure that future development in the Lynden and Ferndale UGAs will meet the Comprehensive Plan's density goals for those UGAs. Planning/Zoning Amendments/Zoning 2007ZON2007 -00002 UR Text ChfLnge/Zon200700002Findings.doc P. 1 7. The County should add minimum net density requirements to the UR4 and UR6 districts to ensure that future development will meet the density goals of the GMA and the Comprehensive Plan. CONCLUSIONS The subject amendment is consistent with the Whatcom County Comprehensive Plan and serves the public interest. RECOMMENDATION Based upon the above findings and conclusions, the Planning Commission recommends approval of the amendments to the Official Whatcom County Zoning Ordinance shown in Exhibit A. WHATCOM COUNTY PLANNING COMMISSION " � 1 I I(CA,-, - Kenneth Mann, Chairperson 7 (� Date i J.E `Sam" Ryan, Secretary Date Commissioners present at the April 26, 2007 meeting when the vote was taken on the subject amendment: John Belisle, Rabel Burdge, David Hunter, John Lesow, Kenneth Mann, Geoff Menzies, Ron Roosma, Jesse Salomon, and John Steensma. Vote: Ayes: 9, Nays: 0, Abstain: 0, Absent: 0. Motion carried to approve the proposed rezone. Planning/Zoning Amendments/Zoning 2007ZON2007 -00002 UR Text Change/Zon200700002Findings.doc P. 2 Exhibit A: Proposed amendments to WCC 20.20.252 20.20.252 Maximum density, minimum lot size and maximum lot size within an urban growth area. * For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 5 acres. `* Does not apply to the Bellingham urban growth area. * ** Minimum densitv shall be calculated as net densitv. after deducting the areas restricted from development by critical area regulations and infrastructure requirements. Planning/Zoning Amendments/Zoning 2007ZON2007 -00002 UR Text ChangejZon200700002Findmgs.doe P. 3 Min. Reserve District ""gin Minimum Lot Size Maximum Lot Area (Cluster Fess Density Size Subdivisions) Conventional Cluster Cluster Lots Maximum ,gross NIA* densi : 1 UR: all densities without * 12,500 sq. ft. 22,000 sq. ft. NIA public sewer and water dwelling unit/5 acres Maximum gross N/A * NIA density: 1 UR: all densities outside ** 12,500 sq. ft. 22,000 sq. ft. short -term planning areas dwelling unit/5 acres Maximum gross N /A* N/A density: 1 UR: all densities with public ** 12,500 sq. ft. 22,000 sq. ft. sewer or water dwelling unit/5 acres R -3: in short -term planning Maximum gross yeas, with public sewer and densi : 3 ater, and stormwater dwelling units/1 12,000 sq. ft. 8,000 sq. ft. N/A 25% ollection and detention facilities acre Maximum gross density: 4 UR -4: in short -term planning dwelling units /1 areas with public sewer and acre; water, and stormwater 8,000 sq. ft. 6,000 sq. ft. N/A 20% collection and detention Minimum net facilities density: 4 dwelling units /1 acre * ** Maximum gross densi :6 UR -6: in short -term planning dwelling units /1 5,500 sq. ft. 4,000 sq. ft. NIA 20% areas with public sewer and acre: water, and stormwater collection and detention Minimum net facilities 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 5 acres. `* Does not apply to the Bellingham urban growth area. * ** Minimum densitv shall be calculated as net densitv. after deducting the areas restricted from development by critical area regulations and infrastructure requirements. Planning/Zoning Amendments/Zoning 2007ZON2007 -00002 UR Text ChangejZon200700002Findmgs.doe P. 3 File # ZON2007 -00002 April 26, 2007 UR Text Amendments Staff Report, Page 1 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT I. BACKGROUND INFORMATION File # ZON2007 -00002 File Name: UR Text Amendments Applicant: Whatcom County Planning and Development Services Request: Amend the density requirements of the Urban Residential (UR) zone, section 20.20.250 -253 of the Official Whatcom County Zoning Ordinance: • Add to the UR4 district a minimum net density requirement of four dwelling units/one acre, retaining the existing maximum gross density of four dwelling units/one acre; • Add a UR6 district, with a maximum gross density of six dwelling units/one acre, a minimum net density requirement of six dwelling units/one acre, and a minimum lot size of 5,500 square feet (4,000 square feet for cluster); • Define net density as being calculated "after deducting the areas restricted from development by critical area regulations and infrastructure requirements," consistent with the definition given in 20.22.252(4) (URM24 zone). • Change density column heading to "Density" and specify maximum gross density and minimum net density for each row as appropriate. Reason for Request: Staff proposes revisions to UR zoning to provide greater assurance that the zoning will successfully implement the Comprehensive Plan's density goals, and will meet the accepted guidelines for urban densities allowable in Urban Growth Areas (UGAs). II. ANALYSIS OF THE PROPOSED AMENDMENT Factors to be considered when evaluating zoning text amendments are found in WCC 20.90.051. These factors are set forth and addressed below. (A) Evaluation of the proposed amendment in relationship to the goals, objectives, and policies of the Whatcom County Comprehensive Plan. File # ZON2007 -00002 April 26, 2007 UR Text Amendments Staff Report, Page 2 The Whatcom County Comprehensive Plan contains the following goal: Goal 2P: ... [ E]ncourage Ferndale to establish new residential developments at densities averaging six to eight units per net residential acre; encourage Lynden to establish new residential developments at densities averaging five to eight units per net residential acre; and encourage remaining smaller cities and Unincorporated Residential /Recreational Urban Growth Areas, not associated with a City, to establish new residential development at average densities of four units per net residential acre, while respecting unique characteristics associated with each city. Densities in Ferndale and Lynden Gross density refers to number of dwelling units per total acreage, while net density is defined as number of dwelling units per acreage calculated "after deducting the areas restricted from development by critical area regulations and infrastructure requirements." UR currently permits no densities higher than four dwellings per gross acre, restricting the County's ability to adopt zoning that conforms to Goal 2P's density standards in UR4 areas within the Lynden and Ferndale Urban Growth Areas (UGAs). An alternative to UR zoning would be URM, which contains density classifications of six, twelve, eighteen, and twenty - four dwellings per gross acre. However, URM permits multifamily uses, which may not be appropriate or desirable in the UGAs. Of all the density classifications in UR and URM, only the URM24 zone has a required minimum net density: 10 dwellings per net acre. Staff proposes adding a UR6 zone with a minimum net density of six dwellings per acre and a minimum lot size of 5,500 square feet (4,000 with clustering), which would allow net density up to about eight dwellings per acre. The UR6 zone would be consistent with the densities prescribed by Goal 2P for Ferndale and Lynden. Densities in the smaller cities UR4 currently has no minimum net density, providing no assurance that development will reach density goals of the Comprehensive Plan. Adding a minimum net density of four dwellings per acre, in conjunction with the existing minimum lot size of 8,000 square feet (6,000 with clustering), would result in densities consistent with the prescribed densities for the smaller cities. (B) Evaluation of the proposed amendment in relationship to the goals, objectives, and policies of the Growth Management Act. The Growth Management Act (GMA) contains the following goals: GMA Goal 1: Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an File # ZON2007 -00002 April 26, 2007 UR Text Amendments Staff Report, Page 3 efficient manner. GMA Goal 2: Reduce Sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low - density development. The four -per -acre standard Until 2005 Washington's Growth Management Hearings Boards' decisions had set a minimum "bright line" density of four dwellings per net acre to be allowed in a UGA — "Any new residential land use pattern within a UGA that is less dense [than 4 dwellings /net acre] is not a compact urban development pattern, constitutes urban sprawl, and is prohibited." (Bremerton, et al. v. Kitsap County, Central Board No. 95- 3- 0039c). In 2005, the State Supreme Court overturned the "bright line" rule, saying growth boards did not have the authority to adopt such a standard (Viking Properties v. Holm, 144 Wn.2d 112, August 2005). In Futurewise v. Whatcom County and Gold Star Resorts, Inc., a month after the Viking Properties decision, the Western Washington Growth Management Hearings Board said, "The principle of 4 dwelling units per acre for urban growth is not to be seen as an inflexible requirement but as a general rule of thumb. Where there are reasons to deviate from it, the County's record should show what they are." (Western Board No. 05-2-0013) UR3 not in compliance In the Futurewise case, the Western Board found some of Whatcom County's UR3 zoning designations within the Bellingham, Ferndale, and Everson UGA's to be noncompliant with the GMA. Though the Board found the UR3 to be compliant within certain areas of the Bellingham UGA where the County documented that a lower density was warranted by environmental factors (the Lake Whatcom watershed and the airport approach area), the Board found that the other UR3 areas "allow residential densities in the urban area that are not urban, that is, at least four dwelling units per acre. The prospect that final platting decisions might actually achieve greater densities does not alter the fact that the zone itself allows less than urban densities in urban areas. This fails to comply with RCW36.70A.19 0 and failure to update the plan and development regulations fails to comply with RCW 36.70A.130." The subsequent Superior Court decision that overruled other parts of the Board's decision was silent on the UR3 issue, and Whatcom County remains under an order to bring its UR3 areas into compliance with statute. The noncompliant UR3 zoning in the Bellingham UGA will be addressed as part of the Bellingham UGA (Urban Fringe) update process, and staff has initiated rezonings for the UR3 zones in the Ferndale and Everson UGAs. Minimum net density in UR4 The UR4 designation was not challenged or found noncompliant by the Board. The maximum gross density of four dwellings per acre allows net densities File 4 ZON2007 -00002 April 26, 2007 UR Text Amendments Staff Report, Page 4 above four per acre — in fact, the conventional minimum lot size would allow more than five dwellings per net acre. However, developers may not always maximize the permitted density and staff proposes a minimum net density to provide greater assurance that the zoning successfully implements the goals of the Comprehensive Plan and the GMA. Comparable zoning classifications in other counties Other counties in western Washington have set minimum net densities for their low- density urban residential zones. Pierce, Thurston, and Kitsap Counties all place a minimum net density of four dwellings per acre on their nearest equivalent to Whatcom County's UR4 zoning. King County places a minimum net density as 85% of the zoning classification's base density. Those counties also have a residential classification for areas with significant environmental constraints, where densities below four dwellings per net acre are permitted. Whatcom County's UR3 zone may serve that function when it is removed from areas outside the airport approach area and the Lake Whatcom watershed. (C) Environmental implications of the proposed action, as identified by the Whatcom County SEPA Official, must be considered. The Whatcom County SEPA Official has determined that the subject proposed zoning text amendments are procedural in nature and therefore exempt from the requirements of SEPA pursuant to WAC 197 -11- 800(19). Therefore, no environmental implications of the proposal were identified through the SEPA process. III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies, on April 19, 2007. 2. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on April 15, 2007. 3. Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on April 20, 2007. 4. On April 20, 2007, the Whatcom County SEPA Official stated that the subject proposed zoning text amendments are procedural in nature and therefore exempt from the requirements of SEPA pursuant to WAC 197- 11- 800(19). 5. Chapter 20.20 of the Official Whatcom County Zoning Ordinance lacks density requirements that would ensure that density goals of the GMA and File # ZON2007 -00002 April 26, 2007 UR Text Amendments Staff Report, Page 5 Whatcom County Comprehensive Plan will be met. 6. The County should add a UR6 district to Chapter 20.20 to ensure that future development in the Lynden and Ferndale UGAs will meet the Comprehensive Plan's density goals for those UGAs. 7. The County should add minimum net density requirements to the UR4 and UR6 districts to ensure that future development will meet the density goals of the GMA and the Comprehensive Plan. IV. CONCLUSION The subject amendment is consistent with the Whatcom County Comprehensive Plan and the GMA, and serves the public interest. V. RECOMMENDATION Staff recommends amending section 20.20.252 of the Official Whatcom County Zoning Ordinance as shown in Exhibit A, (attached). (Note: the current edition of the code does not yet reflect recent amendments made to the UR density /lot size charts in 20.20.252 to separate the requirements inside a UGA from those outside a UGA (CMP2006- 00006). The text below uses the approved text for the density chart within the UGA, with the proposed density amendments underlined.) File # ZON2007 -00002 April 26, 2007 UR Text Amendments Staff Report, Page 6 Exhibit A: Proposed amendments to WCC 20.20.252 20.20.252 Maximum density, minimum lot size and maximum lot size within an urban growth area. * For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 5 acres. ** Does not apply to the Bellingham urban growth area. * ** Minimum density shall be calculated as net density, after deducting the areas restricted from development by critical area regulations and infrastructure requirements. Min. Reserve Maxomum Minimum Lot Size Maximum Lot Area (Cluster District Gress Density Size Subdivisions) Conventional Cluster Cluster Lots Maximum .gross densi : 1 UR: all densities without * NIA* 12,500 sq. ft. 22,000 sq. ft. NIA public sewer and water dwelling unit/5 acres Maximum gross NIA densi : 1 UR: all densities outside NIA* 12,500 sq. ft. 22,000 sq. ft. short-term planning areas ** dwelling unit/5 ' acres Maximum gross density: 1 UR: all densities with public *' NIA* 12,500 sq. ft. 22,000 sq. ft. NIA sewer or water dwelling unit/5 acres UR -3: in short-term planning Maximum gross areas, with public sewer and density: 3 ater, and stormwater dwelling units/1 12,000 sq. ft. 8,000 sq. ft. NIA 25% ollection and detention acilities acre Maximum gross densi : 4 dwelling units/1 UR-4: in short-term planning areas with public sewer and water, and stormwater Min mum net 8,000 sq. ft. 6,000 sq. ft. NIA 20% collection and detention densi : 4 facilities dwelling units/1 acre * ** Maximum gross densi : 6 dwelling units/1 UR -6: in short-term panning 5,500 sq. ft. 4,000 sq. ft. - NIA — 20% areas with public sewer and acre: Minimum net water, and stormwater collection and detention density: 6 facilities 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 5 acres. ** Does not apply to the Bellingham urban growth area. * ** Minimum density shall be calculated as net density, after deducting the areas restricted from development by critical area regulations and infrastructure requirements.