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Home My WebLink Aboutord2005-048WHATCOMCOUIJTY COUNCIL AGENDARILL. ,un ')nnc IAA CLEARANCES Ini ial Date Date Received In Council Office Agenda Date Assigned to: Originator: .Amyde Gera Pederson "'� 3/15/05 Introduction Division Head - Silvia Goodwin Planning & Development Dept Head: Hal H. Hart Z. e� !'`�'. t7 GUit Prosecutor: Karen Frakes 4/26/05 P&D Purchasing /Budget: 5/10/2005 Intro Executive: Pere Kremen '° " 5/24/2005 Hearing TITLE OF DOCUMENT: Ordinance amending the official Whatcom County Zoning Ordinance, Title 20, Chapters 20.37 - Point Roberts Transitional Zone (TZ) District, 20.71 — Water Resource Protection Overlay District, and 20.97 - Definitions to clarify requirements and standards for cluster subdivisions. ATTACHMENTS: (1) Proposed Ordinance (2) Agency Report with Recommended Text (3) Staff Report Note: Planning Commission Public Hearing Minutes will be forwarded to Council upon completion SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( Xt ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 'The Council must hold a hearing if they want to change the Planning Commission's recommendation CC20.90.051. 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 RCiV or WCC as appropriate. Be clear in explaining the intent of the action.) An ordinance amending Whatcom County Code, Title 20, Chapter 20.37 - Point Roberts Transitional Zone (TZ) to address "STEP" and "community wastewater facility " requirements for minimum lot size and maximum density calculations for cluster divisions, cluster design standards, deleting provisions allowing reduction of the minimum open space reserve area requirement, and amending open space reserve area standards to require buffering, public shoreline access, and trail and open space area provisions; Chapter 20.71 - Water Resource Protection Overlay District to amend cluster design standards and open space reserve area provisions; and Chapter 20.97 to add definitions of "cluster subdivision ", "parent parcel', and delete the definition of "STEP ". COMMITTEEACTION: COUNCIL ACTION: 3/29/2005: Recommended approval as amended 3/15/2005: Introduced per staff's memo dated 3/29/05 3/29/2005: Amended, hearing to be held 4/26/2005: Amended version to be introduced 4/12/2005: Placed back in P &D Committee May 10, public hearing to be held May 24 5/10/2005: Introduced 5/24/2005: Amended and adopted 6 -0 Caskey- Schreiber absent Related County Contract #: Related File Numbers: Ordinance or Resolution File #ZON2004 -00010 Number :Ord. 2005 -048 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcont.wa.us /council. SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 5 10 05 ORDINANCE NO. 2005 -048 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, WCC TITLE 20, CHAPTERS 20.37- POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT, 20.71 - WATER RESOURCE PROTECTION OVERLAY DISTRICT, AND 20.97 - DEFINITIONS TO CLARIFY REQUIREMENTS AND STANDARDS FOR CLUSTER SUBDIVISION AND OPEN SPACE RESERVE AREAS WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, a determination of non - significance was issued underthe State Environmental Policy Act (SEPA) on February 7, 2005; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Thursday, January 30, 2005 and Monday. February 14, 2005; and WHEREAS, the Planning Commission held public hearings on Thursday, February 10, 2005 and Thursday, February 24, 2005, considered all testimony, and recommended approval of the proposed text amendments, and WHEREAS, the Whatcom County Council Planning and Development Committee held a work session on March 29, 2005; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action; and WHEREAS, the County Council has adopted the following Findings and Conclusions: FINDINGS OF FACT AND CONCLUSIONS 1. In December 2001, the Whatcom County Council adopted an updated 2001 Point Roberts Subarea Plan and associated zoning /comprehensive plan map amendments [ORD #2001 -073]. The adopted plan included goals, policies and projects included direction and guidelines forthe creation and adoption of a Transitional Zone (TZ) district thatwould incorporate the concept of clusterdesigned development in association with preservation of open space, critical areas, and recreational opportunities. 2. In March 2002, Whatcom County Code, Title 20 was amended to include anew Chapter 20.37 - Point Roberts Transitional Zone (TZ) District [ORD #2002 -018]. As specified, the chapter Page t included provisions and design standards for "lot clustering" and 'open space reserve tracts ". 3. In 1999, County Council adopted the provisions of WCC 20.71 — Water Resource Protection Overlay District that have been adopted for the Lake Whatcom and Lake Samish (2001) watersheds which include requirements and standards for cluster subdivision. 4. The Point Roberts Transitional Zone (TZ) District was adopted in March 2002 to implement the goals, policies and projects of the 2001 Point Roberts Subarea Plan. 5. On October 7, 2003, County Council adopted amendments to WCC 20.71 — Water Resource Protection Overlay District which included "cluster subdivision" and 'open space reserve tract' requirements that were consistent with the cluster provisions of the Point Roberts TZ District [ORD #2003 -049]. 6. Whatcom County Comprehensive Plan Policy 2W -9 supports conservation of environmental features through use of cluster subdivisions. 7. Whatcom County Comprehensive Plan Goal 11 G identifies protection of water resources and natural drainage systems by controlling the quantity and quality of stormwater runoff as an objective of Whatcom County. Cluster subdivisions are an effective tool to protect natural drainage systems and provide an open space tract for stormwater filtration and infiltration. 8. Whatcom County Comprehensive Plan Policy 3C -1 supports cluster subdivision as a mechanism for development of affordable housing. 9. Legal notice fora Planning Commission public hearing was published in the Bellingham Herald on January 30, 2005. 10. A determination of non - significance (DNS) was issued by the Whatcom County SEPA Official on February 7, 2005. 11. A Planning Commission public hearing was held on February 10, 2005 and all testimony was considered. 12. The text amendments presented in Exhibit A are consistent with the goals and policies of the Growth Management Act, Whatcom County Comprehensive Plan, the County -Wide Planning Policies, and the Point Roberts Subarea Plan, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1: Whatcom County Code, Title 20, Chapters 20.37 - Point Roberts Transitional Zone District, 20.71 — Water Resource Protection Overlay District and 20.97 - Definitions are hereby amended as indicated in Exhibit A of this ordinance. A ADOPTED this 24th day of `0, %%1141C71p -11r ATT Mana AL STATE OF,� APPROVED as to for r s \ 1 \ / ML 2005. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey- Schreiber, Council Chair Date: `0 Page 3 Cluster Subdivision and "Open Space Reserve Tracts" EXHIBIT A WCC, Title 20 zoning text amendments adopted by County Council on May 24, 2005 are identified by single underline and sin t� ;rough. WCC TITLE 20, Chapter 20.37 - Point Roberts Transitional Zone (TZ) District 20.37.251 Minimum lot size and maximum- density requirements. For the purpose of creating new building lots within the Transitional Zone District, two options 1ARd I FGA CIPRsities are provided for calculating land use densities. The minimum building lot size and maximum density requirements for new construction vary according to the method of subdivision and, as- :ve4 -as whether or not public water and /or sewer, 5TF2 or a OmmuRity wastewawcRateF faori;pf are available to serve the site. (1) The oenventianal s ubd visleR methed shall be used, if bii . or STEP. Where the conventional subdivision method is used to create new building lots, the minimum lot size shall be five acres. (2) The cluster subdivision method shall only be used to create new building lots if a) pabtis .. a permanent `open space reserve area tract" meeting the requirements of sections 20 37 321 and .322 is pFevided created as part of the subdivision. The minimum building lot size for a cluster subdivision with public water shall be 12.500 5;898 square feet and the minimum building lot 20.37.253 Minimum lot size and maximum dancity ^n.+ :..... Im � ;ve Minimum Lot Size Min. Reserve Area Conventional Cluster District Gross Density (Cluster Subdivisions TZ A conventional subdivision 1 dwelling 5 acres N/A N/A without public water, or unit/5 acres sewer, CTCO A cluster subdivision with 1 dwelling NIA 12,500 50% Public water and a permanent unit/1 acre sq. ft. open s ace reserve area TZ A cluster subdivision with public water, aad public sewer, and a permanent open 1 dwelling unit/1 acre N/A 5,000 sq. ft. 39% to 50% space reserve area STS Cluster Subdivision and "Open Space Reserve Tracts" EXHIBIT A TZ A conventional subdivision 300' NIA 80 100' without public water or sewer, - TZ A cluster subdivision with public water, an open space reserve area, and /or public NIA 30' 60178 100' sewer, ST-FP, 9F a Gemmunity 20.37.305 Lot clustering. The purpose of lot clustering is to provide an alternative method of creating eseaemisal building lots with spatially efficient sizes. Clustering is intended to consolidate development and associated infrastructure, reduce development costs. and increase infrastructure efficiency. The clustering option is also intended to help preserve open space and the character of areas, as well as reduce total impervious surface area, and minimize development effects on critical areas and associated buffers as defined in WCC 16.16 and resource lands. Redastier�ef ifn& Preservation of open space is thereby intended to reduces potential stormwater runoff and associated impacts while assuring sentiaaed protection of viable, undeveloped and naturally vegetated corridors for wildlife habitat, preservation of critical areas protection of watersheds, preservation of aesthetic values including view corridors and preservation of potential trail and/or recreation areas. 20.37.310 Cluster Bdesign standards. The creation of new building lots, pursuant to this section, shall be subject to the following design standards: (1) Clustered building lots may be only be created through the subdivision process, short subdivision process, or binding site plan process pursuant to WCC Title 21. in WCC 20.37.322. (33) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical areas, or other valuable or unique natural resource features or known archaeological sites, as well as physical constraints of the site. (43) Building lots sites shall be arranged in a cluster /orconcentrated pattern. ll T-49 A cluster subdivision shall have no more than two common encroachments on existing county roads unless site constraints require additional road access. The arrangement of clustered building lots shall be designed to avoid is development forms commonly known as linear, straight -line or highway strip patterns. (64) Gemmen aGG96s tG GlusteFed buildiF;9 lets should be provided by Gul de GaG OF loop Feeds. vamvn As applicable, interior streets shall be designed to allow future vehicular access to any portion of the "reserve tract" (7b) In order to preserve rural character, the maximum number of lots in a lot cluster shall be 10 46. Any number of lot clusters may be used. Cluster Subdivision and "Open Space Reserve Tracts" EXHIBIT A 20.37.320 Open space reserve area trasE. .321 For the purposes of this title seetiea, an "open space reserve area tract" is shall be defined as that portion of a t#e subdivision or short subdivision set aside in accordance with this chapter, and permanently dedicated for active or passive recreation, critical area protection natural resource or archaeological site preservation wildlife habitat and /or visual enjoyment, .322 The minimum open space reserve area required by WCC 20.37 253 tract shall be subject to the following provisions: (1) A permanent protective mechanism shall be legally established to ensure that the required open space reserve area is preserved and protected in a manner sufficient to protect the open space reserve area in perpetuity in a form that is acceptable to both the applicant and the county and filed with the county auditor's office ^"°• n c to is si bdi id a aR A permanent open space reserve area tfaGt shall be protected using one of the follnwinn marhanicmc- (a) Placement in a separate non - building tract owned in common by all lots within the subdivision: anurur cnucai areas ang associated butters as defined in WCC 16.16. (32) The boundaries of the open space portion of the reserve area tfaGt may be altered only if the county finds that in dedicating developing adjacent reserve areas tracts it would better further the objectives listed in WCC 20.37.305 above by altering the reserve area tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in open space reserve area. (43) The definition of the open space reserve area tract, as stated above in t4is subsection 20.37.321. shall be recorded as a restriction on the face of the final plat or short plat. (55). The ^�.,a nbera remaining unused development densityies remaining on the parcel containing the open space reserve area (if ate, based on the -gross density of the parent parcel may be assigned to that portion of oR the reserve area tract not subiect to the minimum reserve area requirements of subsection (1) of this section h,oad on the density of ;he, °aF, ti -Rt pare The remaining density shall atse be recorded on the face of the final plat or short plat. L4) The mechanism(s) implemented under subsection (1) as well as the above stated requirements of subsections (2) and (3) shall be recorded as a restriction on the face of the final plat or short plat, and shall constitute an agreement between Whatcom County and the current1future owner(s) of record that shall run with the land. Said rRestrictions under subsections (2) and (3) 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. Cluster Subdivision and "Open Space Reserve Tracts" EXHIBIT A WCC TITLE 20, Chapter 20.71 - Water Resource Protection Overlay District 20.71.350 Cluster subdivisions. The purpose of cluster subdivisions is to provide a method of fer creating eaen Mica/ building lots with spatially efficient sizes. Clustering is intended to consolidate development and associated infrastructure reduce development costs and increase infrastructure energy efficiency. Clustering is also intended to help preserve open space and the character of areas, as well as reduce total impervious surface area, and minimize development effects on critical areas and associated buffers as defined in WCC 16.16 and resource lands. Preservation of open space is thereby intended to reduces potential stormwater runoff and associated impacts while assuring sentinued protection of; viable, undeveloped and naturally vegetated corridors for wildlife habitat, protection of watersheds, preservation of critical areas wetlands, protection of watersheds, preservation of aesthetic values including view corridors, and preservation of potential trail and/or recreation areas. 20.71.351 Cluster design standards. The creation of new building lots within Water Resource Protection Overlay Districts shall be subject to the following design standards: (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size, with the exception of boundary line adjustments. rd - - - - - - - - ■ WCC TITLE 20, Chapter 20.71 - Water Resource Protection Overlay District 20.71.350 Cluster subdivisions. The purpose of cluster subdivisions is to provide a method of fer creating eaen Mica/ building lots with spatially efficient sizes. Clustering is intended to consolidate development and associated infrastructure reduce development costs and increase infrastructure energy efficiency. Clustering is also intended to help preserve open space and the character of areas, as well as reduce total impervious surface area, and minimize development effects on critical areas and associated buffers as defined in WCC 16.16 and resource lands. Preservation of open space is thereby intended to reduces potential stormwater runoff and associated impacts while assuring sentinued protection of; viable, undeveloped and naturally vegetated corridors for wildlife habitat, protection of watersheds, preservation of critical areas wetlands, protection of watersheds, preservation of aesthetic values including view corridors, and preservation of potential trail and/or recreation areas. 20.71.351 Cluster design standards. The creation of new building lots within Water Resource Protection Overlay Districts shall be subject to the following design standards: (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size, with the exception of boundary line adjustments. rd Cluster Subdivision and "Open Space Reserve Tracts" EXHIBIT A (32) The minimum cluster lot sizeARd FARAPER area requirements of the underlying zoneiag district shall apply unless otherwise stated in this (43) The maximum number of building lots in "rte loot cluster a ster shall be 10 46. (5) Clusters containing two or more lots of less than one acre within a proposed development shall be separated by at least eighty feet (64) Clustered building lots may only be created through the subdivision, short subdivision or binding site plan process pursuant to WCC Title 21. (76) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical areas or other valuable or unique natural resource features or known archaeological sites, as well as physical constraints of the site. &6) Building lots sites shall be arranged in a clusterer /concentrated pattern. (9) _A The cluster subdivision shall should have no more than two common encroachments on existing county roads unless site constraints require additional road access. The arrangement of clustered building lots shall be designed to avoid is ii;ten ,ea te disGeuFag� development forms commonly known as linear, straight line or highway strip patterns. 20.71.352 Open space reserve area M For purposes of this title seG# as that portion of a ttae subdivision chapter, and permanently dedicated natural resource or archaeological s J �L —II L — a 111 u . .. ., frlaet. 3n, an I'open space reserve area tract° is shall be defined or short subdivision set aside in accordance with this for active or passive recreation, critical area protection, to preservation, wildlife habitat and /or visual enjoyment, JQ The open space reserve area tract shall be subject to the followina provisions- f I lct.l IOI IISf � IJ. (i) Placement in a separate non - building tract owned in common by all lots within the subdivision: or zone district; or 9F GORveyed-ItG��. (c2) The boundaries of the open space portion of the reserve area tract may be altered only if the county finds that in dedicating developing adjacent tfasts reserve areas it would help to further the objectives listed in WCC 20.71.350 by altering the reserve tract area and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in open space reserve area. Cluster Subdivision and "Open Space Reserve Tracts" EXHIBIT A (43) The purpose of the open space reserve tfast area as defined in this subsection 20.71.352(1) shall be recorded on the face of the final plat or short plat. Lej The RumbeF 0 remaining unused development density ies and/or impervious surface allowances remaining on the parcel containing the open space reserve area 4 -anyj, based on the gross density of the parent parcel may be assigned to that portion of e-P the reserve tract not subrect to the minimum area requirements of 20.71,352(2)LtL. based on the gpqrs density 0 the papeRt pa.GBl, The remaining density shall a4se be recorded on the fact of the final plat or short plat. The development rights assigned to the reserve tract in accordance with this subsection may not be transferred if the pervious surface area associated with the reserve tract has been transferred to the other building lots within the subdivision. (f4) The requirements stated in subsections Lc2) and (d3) of this section shall be recorded as a restriction on the face of the final plat or short plat, and shall constitute an agreement between Whatcom County and the current/future owner(s) of record that shall run with the land. Said restriction(s) 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. (g5) For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract which is kept in pervious open space may be counted toward pervious surface area requirements for the building lots in the subdivision on a prorated basis. WCC TITLE 20, Chapter 20 -97 - Definitions mrw area is oevotea to open space active or passive recreation preservation of environmentally sensitive areas or natural resource lands Y! 11100002- �W.. a 00 ON 9-4 20.97.283 "Parent Parcel" means a parcel that has been or is proposed to be further divided into additional lots, tracts parcels or sites M