HomeMy WebLinkAboutord2005-037WHATCOM COUNTY COUNCIL AGENDA BILL No. 2005-15
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CLEARANCES
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Dale
Date Received in Council Office
Agenda Dale
Assigned lo:
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3115105
Introduction
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Prosecutor
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Purclwem /Bud ee
0UNi'r
Executive:
TITLE OF DOCUMENT. Ordinance amending the text of the Residential Rural, Rural and Resort
Commercial zoning districts and the definition of "public water" in the Official Whatcom County Zoning
Ordinance (Title 20).
ATTACHMENTS:
(1) Proposed ordinance
(2) Planning Commission Findings of Fact & Reasons for Action, Conclusions, and Recommendations
(3) Planning Commission minutes
Note: Background malerials are available or review at the Countoy Council o ice,
SEPA review required? ( x) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( xl ) NO
SEPA review completed? ( x) Yes ( ) NO
Requested Date:
i A hearing must be held d1he Council changes the Planning Commission
recommendation CC 20.90.051.
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Amend the Official Whatcom County Zoning Ordinance (Title 20) to modify the definition of "public water" to
be consistent with County and state regulations, to amend the Residential Rural, Rural and Resort Commercial
zoning text to require a minimum five acre lot size and/or a maximum density of one dwelling/five acres if public
water is not available when dividing land, to amend the Residential Rural zoning text to eliminate references to
public sewer and modify minimum lot width, and amend the Rural text to delete a reference to cluster bonuses,
which were previously eliminated from the zoning ordinance.
COMMITTEE ACTION:
COUNCIL ACTION:
3/15/2005: Introduced
3/29/2005: Crnmittee recacmlended approva
3/29/2005: Adopted 5 -1, Crawford opposed,
Nelson absent, Ord. #2005 -037
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Ord. #2005 -037
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Colony's websiteat., www.co.whatcom.wa.uslcounciL
3 -29 -05
SPONSORED BY: Consent
PROPOSED BY: Pianninv
INTRODUCTION DATE: 3/15/2005
ORDINANCE # 2005 -037
ADOPTING AMENDMENTS TO THE
RESIDENTIAL RURAL, RURAL AND RESORT COMMERCIAL
ZONING DISTRICTS AND THE DEFINITION OF PUBLIC WATER
WHEREAS, It is appropriate to achieve consistency between various County codes and State
regulations; and
WHEREAS, Several inconsistencies were identified that should be addressed; and
WHEREAS, Legal notice was published in the Bellingham Herald; and
WHEREAS, The Planning Commission held a public hearing 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 Planning Commission hearing for the subject amendment was posted on the
County's website on January 14, 2005.
2. Notice of the Planning Commission hearing for the subject amendment was published in
the Bellingham Herald on January 16, 2005.
3. Notice of the Planning Commission hearing for the subject amendment was sent to city
planners and Tribal representatives on January 18, 2005.
4. Notice of the subject amendment was sent to state agencies, including the Department of
Community, Trade and Economic Development (CTED), on January 20, 2005.
5. A determination of non - significance (DNS) was issued pursuant to the State
Environmental Policy Act (SEPA) on January 24, 2005.
P. 1
6. The Planning Commission held a public hearing relating to the subject amendment on
January 27, 2005.
The Whatcom County Land Division Regulations Title 21 require that a public water
system must serve each lot in a short plat or long plat when subdividing land (WCC
21.04.090 and 21.05.080). However, there is an exception that short plats and long plats
may utilize private wells if each lot is at least five acres or, if clustering is utilized, the
gross density does not exceed one - dwelling /five acres. The existing Residential Rural,
Rural and Resort Commercial zoning districts allow land divisions that create lots smaller
than five acres without public water. This conflicts with the provisions of Land Division
Regulations. The proposed amendment would require a five acre minimum lot size (or a
density of one dwelling/five acres if clustering is utilized) if public water is not available
in order to eliminate the inconsistency between the Zoning Ordinance and the Land
Division Regulations.
S. Most Residential Rural zones are located in rural areas, outside of Urban Growth Areas
(UGAs). The Growth Management Act discourages extension of sewer in rural areas
(RC W 36.70A.1 10(4)), although there are certain exceptions. The reference to "sewer" in
the Residential Rural zoning text should be eliminated, as the GMA generally discourages
sewer in rural areas.
9. The Official Whatcom County Zoning Ordinance formerly allowed density bonuses in
rural areas, but the Western Washington Growth Management Hearings Board
invalidated this provision in 1996. Whatcom County repealed the density bonus
provisions in the Rural zone in 1998 (Ordinance 98 -083). The Comprehensive Plan
policies were amended in 2004 to remove density bonus language relating to rural areas
(Ordinance 2004 -017). Therefore, section 20.36.251 of the Zoning Ordinance should be
amended to eliminate a reference to the cluster bonus schedule that was previously
eliminated from the Zoning Ordinance.
10. The definition of "public water" in section 20.97.330 of the Official Whatcom County
Zoning Ordinance is inconsistent with the Washington Administrative Code and other
portions of the Whatcom County Code. Therefore, this definition should be revised.
CONCLUSION
The subject amendment is consistent with Growth Management Act and Whatcom County
Comprehensive Plan.
P. 2
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.
ADOPTED this 29 day of March , 2005
APPRO D as to form:
Civil Deputy Prosecutor
IM]
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
–Laurie Cas�key- Schreiber, Chairperson
( Approved O Denied
L: —
Pete Kremen, Executive
Date: R -31 os
Exhibit A
Amend the Residential Rural (RR) District text as follows:
20.32.251 Minimum lot size and maximum density
For the purpose of creating new building lots within the Residential Rural
District, several land use densities are provided. The minimum lot size and
maximum density requirements for new construction vary according to the
method of subdivision and whether or not public seweF andleF water is
available, as well as whether stormwater collection and detention facilities,
where identified by the appropriate Comprehensive Plan policies, serve the
project site. Where the conventional subdivision method is used to create
new building lots, if public water is not Provided the minimum lot size shall be
five acres one or, if public seWeFa„ dlar water and, where specified in
the Comprehensive Plan, stormwater drainage facilities are provided, the
minimum lot size shall be 36,000 square feet for RR -1 or 18,000 square feet
for RR -2 areas or 12,000 square feet for RR -3 areas. The lot cluster
subdivision method only shall be used if public sewer - ^^-"^r water is are
provided, and then the minimum lot size is based on the district's setback
requirements (WCC 20.80.200) and the Whatcom County Health and
Hi -:;see Department regulations for on -site septic disposal, but shall
not be less than that shown below. (Ord. 98 -083 Exh. A § 28,1998; Ord. 90-
45, 1990; Ord. 87 -23, 1987; Ord. 86 -29, 1986; Ord. 82 -58, 1982).
r.4
20.32.253 Maximum density and minimum lot size
(Ord. 98 -083 Exh. A § 30, 1998; Ord. 90 -45, 1990; Ord. 87 -23, 1987; Ord.
86 -29, 1986; Ord. 84 -38, 1984; Ord. 82 -58, 1982).
20.32.254 Minimum lot width and depth
(Ord. 98 -083 Exh. A § 31, 1998; Ord. 86 -29, 1986; Ord. 84 -38, 1984; Ord,
82 -58, 1982).
Amend the Rural (R) District text as tollows-
20.36.251 Minimum lot size and maximum density.
For the purpose of creating new building lots within the Rural District,
several land use densities are herein provided. The minimum lot size and
maximum density requirements for new construction vary according to the
method of subdivision design. Where the conventional subdivision method is
used to create new building lots, the minimum lot size shall be two, five or 10
acres, depending on the specific zone classification and whether public water
is available. Where the lot cluster subdivision method is used, the minimum
lot size is based on the consideration of the district's setback requirements
(WCC 20.80.200) and the Belliagham-Whatcom County health department
P. 5
Finiqu'.Fcments aFe F et Lots for public facilities approved under WCC
20.36.151 are not subject to minimum lot size requirements. (Ord. 98 -060
§ 1, 1998; Res. 98 -033 Exh. A, 1998; Ord. 96 -056 Aft. A § H4, 1996; Ord.
90-45, 1990; Ord. 87 -12, 1987; Ord. 87 -11, 1987).
20.36.252 Cluster bonus schedule.
Repealed by Ord. 98 -083.
20.36.253 Maximum density and minimum lot size
District
j Gross Density
Minimum Lot Size
Min Reserve Area 1
(Cluster '.
98 -060 § 13
1998;
Convennonal Cluster
Subdivisions
82 -58, 1982).
—_)
1 dwelling uniV5
acres
1 dwell _o� 0,2
R 2A without ublic water
p
5 acres
�s
1 acre
20%
R -2A with public water
acres
1 dwelling unit/2
acres
2 acres
15,000 sq.
ft
- -- J�
65 /o
___.....____. —_- _____ — _._._
R-5A without public water
[acres dwelling uniV5
5 acres
���
1 acre
55 k
Agricultural (a
_
dwelling unit/5
15,000 sq.
175%
Protection O era
Overlay
(Chapter 20.38 WCC
applicable
R -5A with public water _ J
-- —
acres Iling unit/
5 acres —
—'
%5,000 sq.
-i
75% J
R toA without public water
1 dwellin g
umVlO acres
110 acres
—
1 acre
70%
R-1 OA subject Agricultural
rl
Protection Overlay
1 dwelling
uniV10 acres
Not
applicable
15,000 sq.
ft.
l o j
75/0
(Chapter 20_38 WCC)
�
i
_j
R-1 OA with public water
un_ wellincres _
_
10 acres
15,000 sq.180%
Public facilities approved
under WCC 20 36.151
Not applicable
J��
No minimum
No
..
Not applicable
��
��
minimum
_
(Ord.
2001
-016 § 1, 2001; Ord. 98 -083
Exh. A § 41, 1998; Ord.
98 -060 § 13
1998;
Res.
98 -033 Exh. A, 1998; Ord.
82 -58, 1982).
P. 6
Amend the Resort Commercial (RC) District text as follows:
20.64.250 Minimum lot size.
Minimum lot size varies according to the availability of public water and /or
public sewer. Where public water service is not provided the minimum
parcel size shall be five acres. Where ^
either . " 6eWeF ^ public water
service is provided but public sewer is not provided, the minimum parcel size
and m6n6mum site Wee for each dwelling uPA shall be 18.000 square feet
when the conventional method is utilized and 15.000 square feet when the
cluster method is utilized but eae half -asre eF may be greater if the
@e4in�W hatcom County health department finds that conditions require
the larger size. WWheFen.°,thepp..b.Gs ewe ateFz, he
FRinim m parcel size ^ ^a minim.1m site . rPA r... each a u' URit shall be
one requires -9 ^ ^'e. The following lot sizes apply only where both public
sewer and public water serve the project.
.251 Single- family dwellings and duplexes shall have a minimum net parcel
size of 6,000 square feet per family.
.252 Multifamily dwellings including all condominiums except time share
condominiums shall have a minimum net parcel size of 8,000 square feet
and shall have a site of at least 2,000 square feet for each dwelling unit.
.253 Mobile home and recreational vehicle parks shall have a minimum net
parcel size of at least 8,000 square feet.
.254 Hotels and motels and time share condominiums shall have a
minimum net parcel size of 8,000 square feet and shall have a site of at least
1,600 square feet for each sleeping unit.
.255 Nonhabitation commercial uses shall have a minimum lot size
consistent with the area required to meet the building setback, lot coverage
and development standards of this district. (Ord. 2001 -024 § 1, 2001; Ord.
88- 93,1988).
P.
20.64.260 Maximum density.
Maximum density varies according to the availability of public water and /or
public sewer. Where public water service is not provided the maximum
Where eitbe: PUbl;c sewer o: public water service is provided but public
sewer is not provided, the maximum density for dwelling units, or dwelling
unit equivalent as determined by the °e'�`Sagh.,a..^• Whatcom County health
department, shall be two per acre unless the health department finds that
conditions require a lower density. Where neitheF public
health department FequiFes ,. IoweF , - oer,s „T The following densities apply
only where both public sewer and public water serve the project.
.261 Single- family dwellings and duplexes shall not exceed a density of
seven units per acre.
.262 Multifamily dwellings including all condominiums except time share
condominiums shall not exceed a density of 22 units per acre.
.263 Mobile home parks shall not exceed a density of seven units per acre.
.264 Recreational vehicle parks shall not exceed a density of 15 units per
acre.
.265 Nonresort- oriented hotels and motels shall not exceed a floor area
ratio (FAR) of .60.
.266 Resort- oriented hotels and motels including time share condominiums
shall not exceed a floor area ratio (FAR) of .56.
.267 Nonhabitation commercial
uses
shall
not exceed a floor area ratio
(FAR) of .70. (Ord. 2001 -024 § 1,
2001;
Ord.
88 -93, 1988).
IM]
20 64 270 Density, lot size and lot configuration by method of subdivision
20.64.271 Maximum density and minimum lot size
District
without either public sewer -er
with either public severer
with both public sewer and
!r and stormwater collection
Maximum
Lol1Zt �
ml
CConMentwnal
Min. Reserve
(Cluster
Subdivisions)
it 1 dwelling unit/ 5
t
'I
Not
acres
Facres
f
applicable
Not applicable
2 dwelling units/1
acres
18,000 s k
��C
15 000 s
_ J
1�-
10 %_
Ji
to 22 dwelling
_
units /acre as
��7
6,000 s k
',
Not
aPPlicable
Not applicable
given --
J
. _
(Ord. 98 -083 Exh. A § 53, 1998; Ord. 88 -93, 1988).
su.ma r&I tv .__ . ._ _ •__ ... _
P. 9