HomeMy WebLinkAboutord2004-007HILATCOM COUNTY COUNCIL AGENDA BILL NO. AB200q -081
CLEARANCES
Initial
Date
Dale Received In Council Office
Agenda Date
Assi tied (o:
originator. Trop Holbrook
1 -13 -04
C 1r° 1�
JAN 2 {1 NN
sOJ. .'GIJNTY
1 -27 -04
Introduction
On isnon Head Sylvia Goodwin
2/10/04
P & D / Council
Dept Head Hal Hart
11
M
Prowcular: KarenPrakes
✓ /
rlao /u
Executive: Pelt Krenren
SUBJECT: Ordinance adopting amendments to the Whatcom County Zoning Ordinance (Title 20) Chapter 20.85 Planned Unit
Development, Chapter 20.89 Density Transfer Procedure, Chapter, 20.90 Amendments, and Chapter 20.71 Wader Resources Protection
01iolin District.
ATTACHMENTS:
i
j (I) Proposed ordinance reflecting the Planning Commission's recommendations
(2) Planning Commission Findings of Fact & Reasons for Action, Conclusions, and Recommendations
(3) Planning Commission minutes
:vote: Background materials are available for review at the Counn, Councils ice.
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date:
i A Rearing must be held iifthe Council changes fire Planning Commission
recommendation (WCC20./a 110).
SUMMARY STATEMENT: Amend the following Chapters of the Whatcom
Distribution Request
County Zoning Ordinance (Title 20):
1. Chapter 20.85, Planned Unit Development, to require the use of Transferable
Development Rights (TDRs) in designated TDR Receiving Areas prior to
[ndicoe those who should receive a cop) older Council action.
List snccJ<c names to the right
utilizing other density bonus provisions.
ADS Facilities Management
2, Chapter 20.89, Density Transfer Procedure, to: Provide for "in lieu payments"
ADS Finance
for purchase, sale or transfer of development rights. Provide the same
ADS Human Resources
requirements for execution and recording of a deed restriction in order to do an
All life Services
j "intermediate transfer" of TDRs as required for a "TDR pemilf" To provide
procedures and requirements for establishing a TDR Bank. Minor text
j amendments to clarify language and provide code consistency.
3. Chapter 20.90, Amendments, to: Provide for the use of the process established
for amendments to the official Whatcom County zoning map in order to
designate additional TDR receiving areas. Provide for the consideration of
transfer of development rights from a TDR sending area as a condition of
approval in order to rezone property to a higher residential density.
J. Chapter 20.71, Water Resource Protection Overlay District to prohibit the
Assessor
Keith Willnauer
Auditor
Cooperative Extension
Distrito Court
executive
Health
Heading Examiner
J61l
transfer of development rights when those development rights have been
i eN musly encumbered.
COL N CIL ACTION TAKEN.
Juvenile
Parks
2004 -81 112712004. Introduced
2110/2004'. Adopted 7 -0, Ord #2004 -007
Planning
Hal Hart
Prosecutor
Public Works
Sheri
Superior Court
Treasurer
--
L
Here
Ordinance or Resolu�n Numb
Related File Numbers:
(this item): r
I ' Planning Division \TDR Prog amt ON2003 -00007 ZON2003 -00007 ABdoe
1,152004
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 1/27/04
ORDINANCE # 2004 -007
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.85 PLANNED UNIT
DEVELOPMENT, CHAPTER 20.89 DENSITY TRANSFER
PROCEDURE, CHAPTER, 20.90 AMENDMENTS, AND
CHAPTER 20.71 WATER RESOURCES PROTECTION OVERLAY
DISTRICT.
WHEREAS, Proposed zoning text amendments shall be considered pursuant to WCC 20.90;
and
WHEREAS, A determination of non-significance was issued under the State Environmental
Policy Act (SEPA) on December 9, 2003; and
WHEREAS, Legal notice was published in the Bellingham Herald on November 29, 2003
and December 25, 2003; and
WHEREAS, The Whatcom County Planning Commission held two public hearings on the
subject amendments on December 11, 2003 and January 8, 2004; and considered all testimony; and
WHEREAS, The Planning Commissions evaluated the proposed amendments and
recommended approval on January 8, 2004; 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
Notice of the Planning Commission hearing for the subject amendment was published in the
Bellingham Herald on November 29, 2003 and December 25, 2003.
The Whatcom County Planning Commission held two public hearings on the subject
amendments on December 11, 2003 and January 8, 2004.
1 12 Planning DivisionlTDR Program¢ON2003 0000770N2003 -00007 ORD.doc P. 1
3. A determination of nonsignifigance was issued on December 9, 2003, under the State
Environmental Policy Act (SEPA).
4. Development under a successful TDR program will be directed into and intensified within
urban growth areas, where services can be more efficiently provided and are already present
or planned for.
5. A successful TDR program will increase densities in appropriate areas, helping to reduce
sprawl, which will help maintain the quality of life in Whatcom County.
6. The anticipated result of adopting the proposed amendments are that growth and
development will be diverted from the Lake Whatcom Watershed, and future sending areas
that could be adversely impacted by development activities.
7. Revision and clarification of the TDR program is necessary to enable consistency and
reliability in the administration of the TDR program.
S. Development and maintenance of a successful Transferable Development Rights Program
will require additional monitoring and revision as the program becomes utilized more.
CONCLUSIONS
1. The subject amendments are consistent with Growth Management Act, County Wide Planning
Policies, and Whatcom County Comprehensive Plan.
2. The proposed amendments comply with the approval criteria for amendments as stipulated in
WCC 20.90. 20.89, Density Transfer Procedure.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance, Title 20, Chapter20.85, Planned
Unit Development is hereby amended as shown in Exhibit A, and The Official Whatcom County
Zoning Ordinance, Title 20, Chapter 20.89, Density Transfer Procedure is hereby amended as
shown in Exhibit B, and The Official Whatcom County Zoning Ordinance, Title 20, Chapter
20.90, Amendments as shown in Exhibit C, and The Official Whatcom County Zoning
Ordinance, Title 20, Chapter 20.7 1, Water Resource Protection Overlay District as shown in
Exhibit D.
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.
Ii Planning Division \TDR Program \ZON2003 -00007ZON2003 -00007 ORD.doc P_2
ADOPTED this 10th day of February , 2004
APP OVED as to form:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Chairperson
( Aprov O Denied p
Pete Kremen, Executive
Date: 2 —/ 3�7
I' a Planning Division \TDR Program¢ON2003 -00007 ON2003- 0000]ORD.doc P.3
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
Chapter 20.85
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
20.85.010
Purpose.
20.85.020
Applicability.
20.85.050
Permitted uses.
20.85.100
Design and development standards.
20.85.101
Conformance.
20.85.102
General design criteria.
20.85.103
Resource lands.
20.85.104
Compatibility treatment.
20.85.105
Buffering standards.
20.85.106
Facility design.
20.85.107
Common open space.
20.85.108
Density increases.
20.85.109
Lot sizes, building spacing and height, improvement
coverage, and yard requirements.
20.85.110
Circulation, access and parking.
20.85.111
Mechanical equipment.
20.85.112
Storage and trash areas.
20.85.113
Drainage and land alteration.
20.85.114
Utilities.
20.85.115
Nonresidential improvements.
20.85.116
Signs.
20.85.117
Project phasing.
20.85.118
Concept plan.
20.85.200
Information submittal.
20.856201
General provisions.
20.85.202
Textual information.
20.85.203
Site plan and supporting maps and graphics.
20.85.204
Supplemental information.
20.85.300
Planned unit development procedure.
20.85.301
Planned unit development procedure and approximate
processing
time.
20.85.305
Preapplication conference.
20.85.310
SEPA review.
20.85.315
Application submittal.
20.85.320
Application distribution and review.
20.85.325
Technical committee.
20.85.330
Zoning administrator.
20.85.335
Hearing examiner.
20.85.340
County council.
20.85.345
Burden of proof.
20.85.350
Scope of initial planned unit development approval.
20.85.355
Initial approval time limits.
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
20.85.360 Installation of improvements.
20.85.365 Final review and approval.
20.85.370 Control of the development after completion.
20.85.375 Enforcement.
20.85.400 Fees.
20.85.010 Purpose.
It is the intent of this chapter to:
.011 Provide mutual benefits to the general public and project
proponent by utilizing innovative and efficient land use and design
by permitting greater flexibility in zoning requirements than is
generally permitted by other chapters of this ordinance while
providing the expeditious handling of projects.
.012 Encourage creative and coordinated site planning, the
conservation of natural elements, features and energy, the use of
mixed use developments, the use of new technologies and
techniques, and the efficient layout of streets, utility networks and
other public improvements.
.013 Encourage the creation of permanent open space, and the
provisions of more usable and suitably located recreation facilities
and other public and common facilities than would otherwise be
provided under conventional land development procedures.
.014 Encourage development that provides a variety of living,
working and recreational environments in a manner harmonious
with surrounding on -site and off -site land use activities.
.015 Move toward the attainment of the goals and the
implementation of the policies of the comprehensive land use plan.
20.85.020 Applicability.
This chapter is applicable in any zone district within an urban
growth area and short-term planning area. The provisions of this
chapter can be used for any residential, commercial and /or
industrial project on property two acres or greater in size; provided,
however, that PUDs of any nature are not allowed within those
portions of the Bellingham Urban Growth Area that are located
within the Lake Whatcom watershed, and that residential PUDs are
not permitted in the Cherry Point Industrial Urban Growth Area or in
the Custer Provisional Urban Growth Area. Transfer of
development rights shall be utilized within designated density
transfer receiving areas in the as shown on the official Whatcom
County zoning map to achieve the allowed maximum density prior
to the utilization of the density bounus provisions of this chapter. A
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit
planned unit development may be used on property less than two
acres in size when the zoning administrator finds one or more of
the following conditions exists:
.021 An unusual physical or topographic feature of importance to
the area as a whole exists on the site or in the neighborhood, which
can be conserved and still leave the applicant equivalent use of the
land by the use of a planned unit development.
.022 The property or its neighborhood has a historical character
of importance or the community that will be protected by use of a
planned unit development.
.023 The property is adjacent to or across a street from property
which has been developed or redeveloped under a planned unit
development, and a planned unit development will not detract from
the amenities and aesthetic values of the neighboring planned unit
development.
.024 The project will use unique or innovative design concepts
which would benefit the public welfare including design provisions
which would be precluded by the underlying district.
.025 The project would meet an important social need that
cannot be realized with the underlying zone.
.026 The project will promote creativity or affordability in
residential, commercial and industrial development. (Ord. 2003 -032
Exh. A, 2003 *; Ord. 2002 -075, 2002; Ord. 2002 -034, 2002; Ord. 98-
083 Exh. A § 59, 1998).
*Code reviser's note: The amendments of Ordinance 2003 -032 sunset December 1, 2003.
20.85.050 Permitted uses.
.051 Uses outright permitted in a planned unit development shall
include permitted, accessory and conditional uses allowed in the
underlying zone district(s) and such other uses as provided in WCC
20.85.052 to 20.85.055.
.052 In addition to the uses allowed in the underlying zone, the
following uses shall be allowed outright where they are only serving
the development and where all other applicable standards are met:
(1) Community building;
(2) Indoor recreation facility including athletic club or fitness
center, racquetball court, swimming pool, tennis court, or other
similar uses;
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
(3) Outdoor recreation facility including swimming pool, tennis
court or similar use; and
(4) Recreation vehicle storage area.
.053 A planned unit development may add land use activities as
follows; provided the criteria of WCC 20.85.054 are met:
(1) For the Urban Residential, Residential Rural and Rural zones,
multifamily dwellings consistent with the density requirements of the
underlying zone except as that may be modified by the provisions
of WCC 20.85.108. The number of units attached may be greater
than would otherwise be allowed by the underlying zoning;
(2) For the Urban Residential and Urban Residential Medium
zone, those uses allowed in the Neighborhood Commercial zone
are also permitted. In addition both resort and nonresort- oriented
transient accommodations, such as inns or hotels may be permitted
provided that:
(a) The total number of sleeping units shall not exceed 50
percent of the total number of dwelling units that would be allowed
on the property by the underlying zone regulations;
(b) Each sleeping unit shall count as one dwelling unit for the
purpose of determining the total number of dwelling and sleeping
units in combination permitted on the property;
(c) It can be demonstrated that the overall development will
not generate more traffic than conventional residential development
at the density allowed in the zone;
(3) For the General Commercial zone, those uses allowed in the
Urban Residential Medium zone are appropriate;
(4) For the Light Impact Industrial zone, those uses allowed in the
Urban Residential Medium, Neighborhood Commercial and /or
General Commercial zones are appropriate; and
(5) For the Forestry zone, those uses allowed in the Rural and
Residential Rural zones are appropriate.
.054 In order to expand uses allowed in WCC 20.85.053, the
applicant shall demonstrate:
(1) That the primary land use activity of the planned unit
development shall be those uses allowed by the underlying zone
district;
(2) That the expanded uses will benefit and serve the residents
or employees of the proposed development; and
(3) That all other applicable approval criteria and standards are
met.
.055 Where a proposed development is located in two or more
zone districts, the uses allowed in the applicable districts may be
located on any portion of the site; provided that all applicable
standards are met.
File 4 ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
.056 For purposes of determining appropriate standards, the
requirements of the zone district allowing the use would apply. If
the use is allowed by two or more districts, the lesser standards
would apply. (Ord. 97 -061, 1997; Ord. 96 -056 Aft. A § V1, 1996;
Ord. 89 -55, 1989).
20.85.100 Design and development standards.
20.85.101 Conformance.
All uses and development shall conform to all relevant
requirements and standards of:
(1) The zone district(s) within which the planned unit
development is located, except as may be modified by this chapter;
(2) The Uniform Building and Fire Codes;
(3) Chapter 12_08 WCC where it does not conflict with the
standards and requirements of this chapter; and
(4) Other applicable official controls.
20.85.102 General design criteria.
Major and local streets, the location of all buildings, parking
areas, pedestrian, bicycle and vehicular ways, and utility
easements shall be designed to promote public safety, compatibility
of uses, minimize conflict between uses, and reasonably maintain
topography and other natural features.
20.85.103 Resource lands.
Planned unit developments in the Forestry Zone District shall not
use areas which can effectively on a commercial basis support or
contribute to support productive forestry operations based on
topographic, existing use and /or soils considerations.
20.85.104 Compatibility treatment.
(1) The design of a planned unit development shall take into
account the relationship of the site to the surrounding areas and
between differing uses on the site. The perimeter of the PUD and
arrangement of uses on the site shall be designed to minimize
adverse impacts between the project and adjacent land uses, and
different types of potentially incompatible land uses. Compatibility
factors include but are not necessarily limited to visual and audio
intrusion and conspicuous visual barriers.
(2) If existing topographical or other barriers within 10 feet of the
perimeter of the development do not provide reasonable
compatibility for existing uses adjacent to the development, one or
all of the following requirements shall be imposed:
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
(a) Structures located on the perimeter of the development
shall be set back in accordance with the front yard setback of the
underlying zone.
(b) Structures located on the perimeter of the development
shall be fenced, bermed and /or landscaped, except where such
screens would inhibit the use of an existing or proposed solar
energy system.
(c) Commercial, industrial or quasi - public structures which
abut existing residential dwellings shall be located on the site or be
designed in a manner, to the maximum degree possible, to protect
the private areas of adjoining conforming residential properties from
view and noise.
(3) Buffering shall be provided between different types of land
uses including parking areas (for example, between single - family
and multiple - family residential, or residential and commercial) on
the site perimeter or within the site where probable incompatibility
based on congestion, noise, visual intrusion and hours of operation
may exist.
20.85.105 Buffering standards.
Where buffering is required by this chapter, the following factors
will be considered in determining the adequacy of the type and
extent of the buffer:
(1) The purpose of the buffer, for example, to decrease noise
levels, absorb air pollution, filter dust or to provide a visual barrier.
(2) The size of the buffer needed in terms of width and height to
achieve the purpose.
(3) The location of the buffer.
20.85.106 Facility design.
The facility design requirements of WCC 20.22.651 shall be met.
20.85.107 Common open space.
No open area may be accepted as common open space within a
planned unit development, unless it meets the following
requirements:
(1) The common open space is for amenity or recreational
purposes, and the size and uses authorized are appropriate to the
scale and the character of the planned unit development,
considering its size, density, expected population or employees,
topography, and the number and type of dwellings provided.
(2) Common open space will be suitably landscaped for its
intended use, except that common open space containing natural
features worthy of preservation may be left unimproved. Any
buildings, structures and improvements to be permitted in the
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
common open space are those appropriate to the uses which are
authorized for the common open space.
(3) Common open space shall be maintained through one of the
following methods:
(a) An association of owners shall be formed and continued for
the purpose of maintaining the common open space. The
association shall be created as an association of owners under the
laws of the state and shall adopt and propose articles of
incorporation or association and bylaws, and adopt and approve a
declaration of covenants and restrictions on the common open
space that is acceptable to the land use division of planning and
development services upon consultation with the prosecuting
attorney, in providing for the continuing care of the space. No
common open space may be put to a use not specified in the final
development plan unless the final development plan is first
amended to permit the use. No change of use may be considered
as a waiver of any covenants limiting the use of common open
space areas, and all rights to enhance these covenants against any
use permitted are expressly reserved; or
(b) A public agency which agrees to maintain the common
open space and any buildings, structures, or other improvements
which have been placed on it.
20.85.108 Density increases.
(1) The county may approve an increase of dwelling unit density
for residential development, or floor area for commercial and
industrial activities of not more than 35 percent greater than that
permitted by the underlying zone rounded to the nearest whole
number. Density increases shall be governed by the following
factors, and are to be treated as additive, and not compounded:
(a) A 15 percent increase in base density for meeting the
requirements of this chapter.
(b) A 10 percent increase in base density for improvements to
common open space that will serve the needs of the development's
residents and would include such facilities as play areas with
equipment, basketball courts, handball courts, ball fields, tennis
courts or swimming pools. Usable open space on the roof of a
building may qualify as improved open space.
(c) A 10 percent increase in base density for preservation or
restoration of historically or architecturally significant structures, or
for preservation of significant natural features. The burden of
designation of such structures or features as significant shall be
upon the applicant, unless such structures or features are already
identified as worthy of preservation in the Comprehensive Plan,
parks plan, other official documents, or on a local, state or national
register. Final determination as to significance shall be made by the
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
planning director at the earliest possible time and no later than the
technical committee review.
(d) A 10 percent increase in base density for the design and
construction of energy- efficient buildings which will reduce
consumption to 75 percent or less of energy demand per square
foot per year for space and water heating in a standard building
built to the Washington State Energy Code.
(e) A 10 percent increase in base density for the use of energy
from a renewable source exclusively serving the project to provide
at least 20 percent of the combined space and water heating needs
of the structures proposed in the project. Access to the energy
source must be protected through site design and protective
covenants or easements. Water heating needs shall be based on
energy requirements on an annual basis.
(f) A 15 percent increase in the base density for the creation
and preservation of significant public access on shorelines.
(2) For purposes of determining conformance with WCC
20.85.108(1)(d) and (e), the energy efficiency of the structures or
energy contribution of total energy usage shall be calculated using
an analytical procedure generally recognized by the Washington
State Energy Office as reasonably representative of the expected
energy performance. This detailed information shall be provided as
part of the final review process of WCC 20.85.365. (Ord. 98 -083
Exh. A § 66, 1998).
(3) Transfer of development rights shall be utilized within
designated density transfer receiving areas in the as shown on the
official Whatcom County zoning map to achieve the allowed
maximum density prior to the utilization of the density bounus
provisions of this chapter.
20.85.109 Lot sizes, building spacing and height, improvement
coverage, and yard requirements.
(1) The minimum lot size, lot width and yard requirements of the
underlying zone district may be waived provided the project meets
the design standards of this section.
(2) Building Spacing and Setbacks: The spacing between main
buildings shall be at least equivalent to the spacing which would be
required between buildings similarly developed on separate parcels
conforming to the underlying zone district's setback requirements.
This spacing and setback requirement may be reduced when it is
demonstrated:
(a) A better or more appropriate design can be achieved by
not applying the provision of the zoning district;
(b) That compensating design and /or structural measures are
used to ensure the protection of the users and inhabitants (of the
development) health, safety and welfare, including but not
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
necessarily limited to visual and acoustical privacy, and adequate
light and air; and
(c) That any perimeter treatment required by WCC 20.85.104
is met.
(3) Maximum Coverage: Building coverage and development
coverage of individual parcels may exceed the percentage
permitted by the underlying zone; provided that the overall
coverage of the project as a whole does not exceed the percentage
permitted by the underlying zone.
(4) Height:
(a) Building height may exceed the maximum permitted in the
underlying zone by 50 percent; provided that the project design
protects adjacent uses both inside and outside of the PUD from
adverse impacts on privacy, light and air.
(5) Lot Width: Where the design is such that light, air and privacy
can be provided, especially for living spaces and bedrooms, a
narrower lot width may be permitted. (Ord. 2003 -029 § 1 (Aft. A §
3), 2003).
20.85.110 Circulation, access and parking.
(1) Circulation and access provisions shall be appropriate to the
scale of the project and to anticipated traffic characteristics, and
consistent with the requirements of Whatcom County road
standards.
(2) Driveways and circulation roadways shall be designed to
minimize traffic and congestion within the planned unit development
and where consistent with the standards to minimize the amount of
paving.
(3) Parking shall be provided in a PUD as required in Chapter
20_80 WCC. However, where it can be demonstrated by the
applicant that due to nonconflicting hours of operation, design of
the circulation and parking plan, or any other factor reasonably
related to the need for parking, the total parking requirement can be
reduced. The hearing examiner may do so provided legal notice of
the application specifies that such reduction has been requested.
(4) Loading areas for nonresidential uses shall, where possible,
be oriented away from residential areas.
20.85.111 Mechanical equipment.
All ground and roof top mechanical equipment shall be screened
when possible to reduce its visibility to surrounding uses or roads.
20.85.112 Storage and trash areas.
(1) Storage areas for residential developments and all trash
areas shall be permanently screened.
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
(2) Storage for nonresidential uses should be within a closed
building except for the sale or rental of retail products which can be
stored outdoors during business hours only, and not within any
required front or side yard nor in any public street or road right -of-
way. All outdoor storage shall be located in an area which is
screened and landscaped.
20.85.113 Drainage and land alteration.
(1) Land alteration may commence when in compliance with
Whatcom County land alteration standards.
(2) Drainage plans and improvements shall be in compliance with
Whatcom County drainage standards. (Ord. 94 -022, 1994).
20.85.114 Utilities.
All utilities shall be underground unless evidence is provided by
the supplier of the utility or service that underground installation is
not reasonably feasible.
20.85.115 Nonresidential improvements.
Utilities, roads and other essential services must be available
prior to occupancy.
20.85.116 Signs.
In addition to the provisions of WCC 20.80.400, a system of signs
for identifying the location of each residential unit, store or industry
shall be established, based on considerations of crime prevention
and the needs of emergency vehicles.
20.85.117 Project phasing.
Applications for initial approval of a planned unit development
may include provisions for the project to be constructed and finally
approved in sequential phases, as provided herein.
(1) Timing: The plan for phased development shall be submitted
with the initial application and reviewed by the technical committee
for compliance with this section. The zoning administrator shall
accommodate the submission of a phasing plan at any point during
the review process, but in no event shall the phasing plan be
approved without technical committee review.
(2) Submission Requirements: The phasing plan shall contain the
following elements:
(a) The approximate location of all roads, drainage structures,
water and sewer lines, and all improvements, easements and
dedications of every type necessary to be provided or developed
prior to final approval of the project as a whole.
(b) An approximate schedule for the construction or securing
of all required physical improvements, and the reservation or
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit A
dedication of necessary rights -of -way or easements, each in its
appropriate phase.
(c) An approximate schedule for the development of
residential and nonresidential uses for those planned unit
developments located in Residential or Rural Zone Districts.
(3) Approval: A phasing plan shall be approved as part of the
principal application if it meets the following criteria:
(a) Each phase is capable of standing by itself, in the
sequence of development proposed, such that it will be adequately
served by all roads, utilities, drainage structures, easements and
other amenities necessary to its existence in the event that
subsequent phases are not completed.
(b) The plan incorporates into appropriate phases all
structures, dedications, easements, services and amenities
necessary to and upon which depends the satisfactory
development of all later phases.
(c) The number and extent of phases shall be determined on a
project basis.
(d) For mixed use development in Residential or Rural Zone
Districts, the plan shall ensure that a sufficient amount of those
uses allowed in the underlying zone district are developed so that
during any particular phase, the project shall meet the intended
character of the district.
(4) Procedure Exclusive: No partial final approval of any total
development project shall be granted except as provided in this
section.
20.85.118 Concept plan.
Where a planned unit development application represents the
first project of the development of a larger site, the applicant may at
his /her option submit a concept plan indicating the general
development of the remainder of the site. The purpose of the
concept plan is to encourage master planning of a site by
demonstrating the coordinated relationship of land use activities,
roads, utilities and open space for the entire site, and in concert
with existing and planned off -site land uses and facilities.
(1) Plan Contents: The concept plan should contain the following
elements for the portion of the site not included in the first phase
PUD application:
(a) The approximate location of future generalized land use
activities including but not necessarily limited to single - family and
multifamily residential (approximate density specified);
neighborhood, general, tourist and resort commercial; light and
heavy industrial, and general manufacturing; and parks including
recreational areas, school sites and open space.
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(b) The approximate circulation network (both vehicular and
pedestrian).
(c) The approximate location of utility corridors, and drainage
channels (natural and man -made) and retention /detention areas.
(d) The approximate location of all existing or planned sewer
and water mains, arterial and collector roads, and drainage
channels and retention/ detention areas located off -site which is
within 300 feet of the site or anticipated to be used for the
development of the site.
(2) Plan Status: Unless otherwise provided by agreement
between the applicant and zoning administrator, the concept plan
shall be nonbinding, and shall not be used as a basis for approving
or denying the subject PUD application. However, the plan may be
used as a basis to administratively review the arrangement and
design of land uses, roads, bicycle and pedestrian pathways, and
drainage facilities included in the subject application.
20.85.200 Information submittal.
The information required in the following sections shall be
submitted with planned unit development applications. (Ord. 96 -056
Aft. A § V2, 1996).
20.85.201 General provisions.
(1) Information submitted for initial review is to be an approximate
description indicating the general nature of the proposal. Data shall
be based on the applicant's best knowledge or intent of the
proposal and shall be sufficiently clear to demonstrate how the
project complies with the provisions of this chapter. Information
required shall be limited to the area the application includes.
(2) The zoning administrator shall have the authority to waive any
portion of the information requirements herein; provided that the
information has been included with a previous rezone request,
approved permit or concept plan, and the present PUD application
is consistent with the previous action to the extent that the subject
data is applicable. (Ord. 96 -056 Att. A § V2, 1996).
20.85.202 Textual information.
It is anticipated that the level of detail available for individual PUD
projects will vary depending on their size and the length of time
anticipated for buildout. The applicant must respond to each of the
items below but the response may include estimates or
approximations where exact figures are not known at this time. All
estimates should be based on the applicant's best knowledge or
intent of the proposal. When estimates or approximations are used
they must be identified as such. The applicant should be aware that
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any estimates or approximations provided may be used to set
development conditions or thresholds.
(1) General Data:
(a) The title and location of the proposed development,
together with the names, addresses and telephone numbers of the
record owner or owners of the land and the application, and, if
applicable, the names, addresses and telephone numbers of any
architect, planner, designer or engineer responsible for the
preparation of the plan, and of any authorized representative of the
applicant.
(b) The legal description of the subject property.
(c) Identify, if known, all special service districts, including fire,
school (for residential projects only), drainage and flood control in
which the site is located.
(d) Description of the proposed PUD including:
i. Total area of the PUD;
ii. Total area of open space and percentage it represents of
the total project area;
iii. Total area of impervious surfacing;
iv. Number of parcels and /or lease areas, range of parcel
size and the size of the smallest parcel;
v. Proposed ownership of land areas within the PUD both
during and after construction;
A Method of achieving compatibility between the PUD and
off -site uses and between potentially incompatible on-
site uses;
vii. How density bonus requirements are being met including,
when applicable, description of recreation facilities and
the proposed method to protect adequate access to
sunlight for use by each of the proposed solar energy
systems; and
viii. Development schedule indicating the approximate date
when construction of the PUD or stages of the PUD can
be expected to begin and be completed.
(e) Copy of all existing deeds, and existing restrictive
covenants or other existing legal restrictions which apply to the
project site. The applicant may submit a copy of any proposed
restrictive covenants that have been drafted.
(f) The names and addresses of all property owners within 300
feet of the site taken from the latest equalized tax roles.
(2) Data for Residential Development:
(a) Proposed number of dwelling units by type and the amount
of site area devoted to each type.
(b) Gross density of the dwelling units.
(c) Deleted by Ord. 96 -056.
(3) Data for Nonresidential Development:
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(a) Description of each type of proposed commercial and
industrial use and amount of site area devote to each type of use.
(b) The proposed number of square feet in gross floor area for
each type of commercial and industrial use. (Ord. 96 -056 Aft. A §
V2, 1996).
20.85.203 Site plan and supporting maps and graphics.
An initial site plan, at a minimum scale of one inch equals 100
feet or such other scale as may be convenient based on the area
covered by the proposal with approval of the administrator, and any
supporting graphics, narrative descriptions and maps, to show
major details of the proposed PUD. If the initial plan is based on a
survey or existing survey data of the subject site, the survey data
shall be prepared by a registered land surveyor, registered civil
engineer or other professional licensed to conduct surveys. The
initial site plan and supporting graphics and maps in combination
shall provide a level of detail appropriate to the scale and timing of
the project and sufficient to demonstrate how the project complies
with the provisions of this chapter.
(1) Proposed name of the development, northpoint, scale, date
and address, and telephone number of the preparer of the site
plan /supporting maps.
(2) Existing site conditions including water courses, wetland area,
flood plains, unique natural features, forest cover and elevation
contours of sufficient intervals to indicate the topography of the
entire tract for a sufficient distance beyond the boundaries of the
proposed development to depict any features within 300 feet which
may affect site development. Unless otherwise approved by the
administrator, contour information shall be as follows:
(a) Up to 10 percent slopes, two -foot contours.
(b) Over 10 percent to less than 20 percent slopes, five -foot
contours.
(c) Twenty percent or greater slopes, 10 -foot contours.
(3) Location of all existing lot lines, lease areas and easements,
and the location of all proposed lot lines, lease areas, and
easements, if known.
(4) The locations and identification of all existing buildings,
structures and other improvements. The location or approximate
location of proposed buildings including maximum height and type
of use.
(5) For residential structures, provide the types and number of
residential units in each structure or the range of residential
structures proposed together with the range of the type and number
of units per structure.
(6) For nonresidential buildings, the gross floor area of each
building.
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(7) The location and square footage or approximate location and
square footage or acreage of all areas of all areas to be conveyed,
dedicated or reserved as common open spaces, public parks,
recreational areas, school sites, and similar public and semi - public
uses with notations of proposed ownership included where
appropriate.
(8) Landscaping and open space improvements plan or concept.
(9) The existing and proposed circulation system of arterial,
collector and /or local streets, including right -of -way street widths,
off - street parking areas, service areas, loading areas and major
points of access to public rights -of -way (including major point of
ingress and egress to the development). Notations of proposed
ownership, public or private, shall be included where appropriate.
(10) Location and width of existing and proposed sidewalks and
trails.
(11)The proposed treatment of the perimeter of the PUD,
including materials and techniques used such as screens, fences
and walls.
(12) The location of adjacent utilities including sanitary sewers,
water lines and storm drainage facilities intended to serve the
development, and a layout of the existing and proposed utilities
within the development, if utility plans have been completed.
Otherwise indicate the general location of utilities, i.e., roadways,
easements, etc.
(13) Existing zoning and Comprehensive Plan boundaries for the
site and adjacent property.
(14) Information of contiguous properties within 300 feet of the
proposed PUD including:
(a) Existing and, if known, proposed land use and streets; and
(b) Existing structures excluding accessory buildings,
ownership tracts and unique natural features of the landscape, if
readily accessible.
(15)A vicinity map showing the location of the site and its
relationship to surrounding areas, including existing streets, major
physiographic and cultural features such as railroads, lakes,
streams, shorelines, schools, parks or other prominent features.
(16) If the applicant wishes to incorporate renewable energy
features into the PUD, information shall be submitted which will
describe the long -term usability of the energy source including:
(a) Solar:
(i) Solar site survey including solar sun chart;
(ii) Shadow diagrams including schematic elevations of
pertinent vegetation and structures, and existing major
topographical features;
(iii) General description of the solar system identifying type
(passive or active), location and size (surface area);
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(b) Wind:
(i) Wind data including direction, frequency and intensity;
(ii) Wind disruption information including potential on and
off -site building construction, and major topographical features;
(iii) Wind machine location and visual description;
(c) Micro or small scale hydro:
(i) Estimated annual energy output using flow duration
curves;
(ii) Stream data including low and average flows;
(iii) Hydro site location and design;
(iv) Status of Federal Energy Regulatory Commission
(FERC) approval;
(d) Geothermal: source of energy. (Ord. 98 -083 Exh. A § 66,
1998; Ord. 96 -056 Att. A § V2, 1996).
20.85.204 Supplemental information.
(1) A completed environmental checklist; provided, that if the
applicant has agreed in writing to the preparation of an
environmental impact statement, no checklist shall be required.
(2) Where water and /or sanitation service is to be obtained from
an existing public system, including a water association, a letter
from the service purveyor indicating the availability and
requirements for the service shall be included.
(3) Where a new water system is proposed, include the source of
the water, the estimated amount of water available from a ground
water or surface water source, the status of water rights application,
and the general location and size of the proposed pipe and other
major appurtenances for development of community or public
systems. The description shall also include improvements for fire
protection.
(4) A description of the sanitation facilities which shall include the
method of sanitation and, where applicable, the location of
community on -site sewage waste disposal systems, location of soil
log holes, percolation rate data, and the general location and size
of proposed pipe and other major appurtenances. Where on -site
sanitation systems are proposed, the applicant shall provide
evidence demonstrating the suitability therefore of all lots or any
single lot. Percolation tests shall be performed by a licensed perc
tester.
(5) One copy of the water and sanitation information, particularly
the soil log hole and percolation rate data, is recommended to be
submitted directly to the health department prior to submittal of the
planned unit development.
(6) A preliminary drainage study consistent with the requirements
of the Whatcom County. Development Standards. A traffic study if
required by the department of public works at the preapplication
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conference. The traffic study does not need to be submitted with
the application if an environmental impact statement is being
prepared for the project and a traffic study will be completed for the
EIS.
(7) The proposed method of providing long -term maintenance of
improvements or facilities, including roads and sidewalks, drainage,
on -site fire protection improvements, water and sanitation systems,
and community or public open space. The purpose of this
paragraph is to generally identify the method of maintenance and
not to require detailed agreements.
(a) If to be maintained by a governmental jurisdiction or
existing water association, a letter from the jurisdiction or
association shall be submitted specifying acceptance of
maintenance responsibility and indicating the conditions, if any,
upon which the acceptance is contingent.
(b) If the maintenance is to be provided privately, the
developer shall indicate the organization to provide the
maintenance and the method and approximate amount of funding
required therefor.
(8) Additional information, in the form of detailed studies or
surveys, may be reasonably required by the county if any portion of
the site of a proposed PUD is within an unsuitable land area as
defined by WCC 20.97.443. This information should be identified to
the applicant at a preapplication conference. (Ord. 96 -056 Aft. A §
V2, 1996).
20.85.300 Planned unit development procedure.
20.85.301 Planned unit development procedure and
approximate processing time.
(1) Preapplication Conference Optional
Technical Committee County Council
SEPA Official Review
Items #1, #2 & #3
(2) Application Submittal 21 Days
Written and Graphic
(3) SEPA Review
14 Days +
(4) Agency Referral
30 Days
(5) Technical Committee
21 — 28 Days
(6) Buildings & Code Administration
14 Days
Staff Report
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(7) Hearing Examiner— Public Hearing
28 Days
(8) Initial Approval by County Council
21 Days
(9) Installation of Improvements
Up to 3 Years
Items #9 — #10
(10) Final Review and Approval
Up to 7 Years
or Pre - Agreed
Schedule
Items #10 — #11
(11) Project Development
20.85.305 Preapplication conference.
(1) An applicant shall request a preapplication conference to be
held prior to submission of an application and which should take
place prior to any detail work. The developer or his representative
shall be prepared to present to the technical committee and the
SEPA official conceptual sketches which contain in rough and
approximate manner adequate information to describe the proposal
in relation to topics listed below. The conference shall be held 14
days after the land use division of planning and development
services receives sufficient copies of information from the applicant
to distribute to the technical committee and the SEPA official. All
information presented by the developer shall be considered
confidential.
The purpose of the conference is to enable the developer to
consult with the technical committee and SEPA official as to the
intent, standards and provisions of this title, other applicable land
use controls, and SEPA as they apply to the proposed project.
It is also the purpose of this conference to identify as many
potential problems and opportunities as possible in order for the
application to be processed without delay or undue expense.
Discussion will include the following topics:
(a) County Comprehensive Plan;
(b) Zoning;
(c) Shoreline Master Program;
(d) Any adopted street and road plan and /or program;
(e) Availability of water and sanitation;
(f) Storm drainage;
(g) Development and design concepts, including phasing and
open space;
(h) Sidewalk requirements;
(i) Bike paths and internal pedestrian system;
(j) Public transportation requirements;
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(k) Off -site requirements such as sidewalks, street lights,
traffic signals, utilities or improvements of adjacent streets;
(1) Fire protection;
(m) Maintenance provisions;
(n) Known hazards and additional information as required by
WCC 20.85.204(8) including any required approvals by Department
of Ecology for projects located within flood control zones;
(o) Environmental impact to the development and other issues
related to SEPA requirements;
(p) Other county requirements and permits;
(q) Identification of other local, state and federal agencies
which may also have jurisdiction; and
(r) Identification of adjacent lands owned by the applicant and
possible future development thereof.
(2) The applicant may request the zoning administrator to forward
the information to the county council for review and discussion
purposes. The council review shall take place within 21 days after
the preapplication conference with staff. Upon receiving said
request, the zoning administrator shall obtain from the applicant:
(a) Sufficient copies of the information submitted pursuant to
subsection (1) of this section to distribute to all members of the
county council; and
(b)(1) For sites within urban growth areas: Stamped envelopes
with typed addresses for each property owner within 300 feet of the
external boundaries of the subject property as shown by the
records or the county assessor;
(ii) For sites outside urban growth areas: Stamped
envelopes with typed addresses for each property owner within
1,000 feet of the external boundaries of the subject property as
shown by the records of the county assessor.
The zoning administrator shall then forward the submitted
information and summary of the comments and concerns made by
staff to the clerk of the council. The clerk shall schedule an open
meeting with the planning and development committee of the
council, and mail a notification to the applicant and property owners
no less than 10 days prior to the meeting's occurrence. The
meeting may address any of the issues identified in subsections
(1)(a) to (r) of this section or any other pertinent issues. It is the
purpose of this meeting to identify potential concerns in order to
assist the applicant to ascertain the general feasibility of his /her
proposal for the particular area the proposal would be located.
(3) Preapplication reviews as provided by this section shall not be
construed to bind either the applicant or the county in any respect.
Further, the information requested at the preapplication conference
for application submittal shall not preclude the county from requiring
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additional information or clarification of materials after submittal.
(Ord. 2003 -039 Exh. A, 2003; Ord. 98 -083 Exh. A § 66, 1998).
20.85.310 SEPA review.
The SEPA official shall process all planned unit developments
consistent with the requirements of Chapters 43.21C RCW and
197 -11 WAC as well as the Whatcom County SEPA Ordinance.
The SEPA process shall be integrated as part of the project review
process. The SEPA official shall make the threshold determination
at the earliest time when the principal features of a proposal and its
environmental impacts can be reasonably identified.
20.85.315 Application submittal.
The applicant shall submit required fees, and sufficient copies of
the maps, written data and supplemental information required by
WCC 20.85.200 to the zoning administrator in order to distribute
copies to pertinent agencies. No application shall be accepted
unless it complies with the requirements of this chapter and the
applicant attests by his signature to the correctness of the
information submitted. Applications which are found to be seriously
deficient shall be returned to the applicant within 10 days of
submittal and the application fee refunded.
20.85.320 Application distribution and review.
The zoning administrator shall mail a notice to agencies
potentially having interest, jurisdiction or expertise relevant to the
application within five days after receipt of the application. Such
agencies receiving applications for review shall be given up to 30
days to respond, or the zoning administrator, SEPA official, and the
technical committee shall conclude that the reviewing agency has
no interest in the application, and may make such findings,
conclusions or requirements as deemed reasonable, consistent
with the requirements of this title.
20.85.325 Technical committee.
Upon the issuance of a declaration of non - significance (DNS) or
draft environmental impact statement (DEIS), or, if a DNS or deis is
completed, after receipt of all agency comments pursuant to WCC
20.85.320, the technical committee shall convene in an open
meeting to discuss with the applicant and any other interested
persons each committee member's recommendation to the zoning
administrator. Each member shall recommend either approval,
approval with conditions, denial, or further modifications or
corrections to the application. The recommendation from each
member shall be written and submitted to the zoning administrator
within seven days, and shall clearly address those factors to be
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considered by the hearing examiner as identified in WCC 20.85.335
which are within the expertise and responsibility of such member
and, where appropriate, proposed conditions for approval; or shall
clearly indicate all deficiencies of the application requiring
modification or correction.
20.85.330 Zoning administrator.
Within 14 days after receiving all written input from the technical
committee and verifying its sufficiency, the administrator shall
forward the application and staff report to the hearing examiner to
schedule for public hearing, and shall assemble a recommendation
based on the contributions of the technical committee, and other
county and noncounty agencies. The recommendation shall be in
writing and contain relevant data and proposed findings. Upon
submission of the report to the examiner, copies shall be mailed to
the applicant and made available to any interested party.
20.85.335 Hearing examiner.
The hearing examiner shall hold the public hearing on behalf of
the county council in the manner required by WCC 20.92.300 and
provide written public notice consistent with the requirements for
major project permits as provided in WCC 20.88.215. The examiner
shall recommend project approval, approval with conditions, or
denial, based upon written findings and conclusions supported by
the evidence of record. The recommendation shall determine the
adequacy of a planned unit development application based on the
following criteria:
(1) Conservation of natural elements and features;
(2) Harmony of selected uses to each other;
(3) Grouping and design of buildings, service, parking areas,
circulation and open space as an integrated unit such that a safe,
efficient and convenient PUD is created;
(4) Harmony of the proposed PUD with the existing and proposed
characteristics of its surroundings, with emphasis and due
consideration given to air, water and soil pollution, flood protection,
and aesthetics;
(5) Conformance with the policies, goals and objectives of the
Comprehensive Plan;
(6) Adequate provision of utilities and circulation to serve the
project and, where appropriate, contribute to the overall
development of urban areas;
(7) The exceptions granted by this chapter are warranted by
creative design utilizing good design principles and provision of
amenities incorporated in the planned unit development and its
program;
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(8) That the system of ownership, and means of developing,
preserving and maintaining open space and other common facilities
is acceptable to the county; and
(9) Where expanded land uses as allowed by WCC 20.85.053
are requested for an application, the criteria of WCC 20.85.054 are
met, and where a phasing plan is proposed, the criteria of WCC
20.85.117(3) are met; and
(10) Promotion of creativity and affordability in residential,
commercial and industrial development. (Ord. 98 -083 Exh. A § 66,
1998; Ord. 96 -056 Att. A § A2, 1996).
20.85.340 County council.
The county council shall meet to consider the hearing examiner's
recommendation within 21 days of receipt thereof, at which time it
may:
(1) Approve or disapprove the recommendation, or remand the
matter to the hearing examiner with instructions; or
(2) In the event the council wishes to consider enacting a
significant change that does not arise from the record, the council
may hold its own public hearing, after giving notice thereof, and
approve or deny the planned unit development based upon its own
findings and conclusions. A public hearing before the county
council may be limited in scope to particular issues or problems at
the discretion of the council. The council's decision shall be based
upon the official record, WCC 20.85.335 and other applicable law.
(Ord. 96 -056 Att. A § V3, 1996).
20.85.345 Burden of proof.
With respect to any finding of fact required for planned unit
development approval by this title, the burden of proof for
submitting to the public hearing record evidence, studies and plans
sufficient to support an affirmative finding of fact lies with the
applicant.
(1) Prior to public hearing, any deficiency within the application
with regard to necessary data or compliance with design
requirements shall be brought to the notice of the applicant, in
writing, by the zoning administrator, who shall request that the
required information be submitted within a reasonable period of
time. Failure to make a timely response may result in a return of
application.
(2) If the hearing examiner determines after public hearing that
the record established by the applicant does not support an
affirmative finding of fact with respect to any element necessary for
PUD approval, he shall do one of the following:
(a) Recommend denial of the planned unit development;
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(b) Recommend partial approval of a phased planned unit
development;
(c) Recommend PUD approval, subject to conditions sufficient
to mitigate any problems created by the absence of a material
finding; or
(d) With the consent of the applicant, remand the application
to the technical committee for further review.
(3) If the county council concludes that the record before it is
deficient with respect to any finding of fact necessary to support
PUD approval, it may take final action in the manner provided in
paragraphs (a) through (c) above, remand the matter to the
technical committee or the hearing examiner, or hold its own public
hearing to receive new evidence, studies or plans.
20.85.350 Scope of initial planned unit development approval.
(1) Once the planned unit development receives initial approval
pursuant to WCC 20.85.340, all persons and parties, their
successors, heirs, or assigns, who own, have, or will have by virtue
of purchase, inheritance or assignment, any interest in the real
property within the proposed PUD, shall be bound by the conditions
attending the approval of the development and the provisions of
this chapter.
(2) Minor adjustments may be made and approved by the zoning
administrator, upon consultation with the technical committee, and
are those adjustments which may affect the dimensions, location
and type of improvements of facilities; provided the amendment
maintains the basic character of the PUD application approved by
the county council including general type and location of dwellings
and other land use activities, arrangement of buildings, density of
the development, and provisions of the project to meet density
bonus and open space requirements; and provided further the
standards of this chapter are met.
(3) Major adjustments are those which, in the opinion of the
zoning administrator, upon consultation with the technical
committee, substantially change the basic design, density, open
space or other requirements of the planned unit development.
When a change constitutes a major adjustment, no building or other
permit shall be issued without prior review and approval by the
county council of such adjustment.
20.85.355 Initial approval time limits.
(1) The applicant shall have five years from
action, except as provided in subsection (4)
submit the final application pursuant to WCC 20
(2) An applicant who files a written request
County council prior to expiration of the five -ye
the date of council
of this section, to
85.365.
with the Whatcom
ar expiration period
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shall be granted a one -year extension upon showing that the
applicant has attempted in good faith to complete the requirements
necessary for submittal of final PUD approval within five years from
the date of initial PUD approval.
(3) The Whatcom County council shall have authority to grant two
additional one -year extensions beyond the one -year extension
authorized in subsection (2) of this section. Each such additional
one -year extension may be granted after taking into consideration
technical, economic and other matters beyond the control of the
applicant and the council finds that there is reasonable justification
for the granting of additional extensions. In granting each additional
one -year extension beyond that approved in subsection (2) of this
section, the council may take into consideration such changes in
rules, regulations and ordinances that have occurred since the time
the original approval was granted and may condition the extension
so as to required compliance with any such subsequently adopted
rules, regulations or ordinances, or portion thereof, that the council
deems necessary to protect the public health, safety and welfare.
Requests for extension shall be made in writing to the Whatcom
County council prior to expiration of the initial PUD approval.
(4) Applicants may develope a planned unit development in
phases, in accordance with an approved phasing plan. The total
amount of time to obtain final approval for all phases of the PUD
shall not extend beyond the time limit established in the approved
phasing plan unless additional time is granted by the county council
upon a showing that the public health, safety and welfare would not
be harmed by granting an extension, and that substantial progress
has been made toward completing all the necessary requirements
for obtaining final PUD approval.
(5) Planned unit developments for which final approval has not
been obtained within the time allotted by the above shall expire
without prejudice; provided, that in a phased PUD the expiration
shall only apply to those portions or phases of the PUD that have
not been applied for or been granted final PUD approval. (Ord. 96-
056 Aft. A § V4, 1996).
20.85.360 Installation of improvements.
Upon receipt of initial approval, the applicant may proceed with
the installation of improvements required by the planned unit
development pursuant to the following:
(1) The applicant shall submit detailed engineering plans
developed consistent with adopted county standards for the
construction of roads, bridges, utilities, drainage works and other
required improvements. In addition, the applicant shall also submit
a land alteration control plan consistent with adopted land alteration
standards.
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(2) Land alteration and construction activities shall commence
only when the land alteration control plan and engineering plans for
the appropriate improvement have been approved by the county
engineer and by any other departments or agencies having
jurisdiction, The county engineer shall act on the plans within 14
days after acceptance of a completed set of plans from the
applicant.
(3) All improvements shall be built to applicable standards in
force at the time of initial PUD application submittal.
(4) All construction of water and sewer systems shall be done
under supervision of a licensed civil engineer. The county engineer
may waive this requirement.
(5) Any condition of initial approval requiring accomplishment of
such improvements as drainage or development of the source of
water supply prior to other construction shall be strictly complied
with, and no other construction shall proceed until any such
condition is discharged to the satisfaction of the county engineer,
health department or other agency, as indicated in the condition.
(6) Where facilities or improvements are proposed to be
maintained by lessees, renters or property owners, a workable
organization shall be established to guarantee maintenance of such
facilities.
20.85.365 Final review and approval.
(1) Upon completion of the improvements and meeting
appropriate conditions as required by the initial planned unit
development approval, the applicant shall submit:
(a) A revised planned unit development site plan and written
information containing specific information required in WCC
20.85.202 and 20.85.203. The revised site plan and written
information shall reflect those changes to the development as a
result of initial PUD approval and subsequent approved
modifications;
(b) If the proposal includes energy conservation and /or
renewable energy source, information required in WCC
20.85.108(2) shall be provided;
(c) Written certifications from appropriate local agencies
indicating the installation of required improvements and compliance
with relevant conditions.
(2) Within 30 days after receipt of a completed set of revised site
plans and written information, and written certifications, the zoning
administrator shall approve the planned unit development request
when it finds that:
(a) The PUD information has been appropriately updated;
(b) Adequate maintenance provisions for private facilities and
improvements have been established;
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(c) All relevant conditions have been met; and
(d) All required improvements have been installed or adequate
securities have been provided for development.
(3) Upon approval of the planned unit development pursuant to
this section, the applicant may begin construction of the project in
compliance with the approval. If no construction is initiated within
seven years, the approval shall be null and void unless the zoning
administrator finds extenuating circumstances or in accordance
with a pre- agreed upon schedule of phasing.
20.85.370 Control of the development after completion.
The final development plan shall continue to control the planned
unit development after it is finished and the following shall apply:
(1) The building official in issuing a certificate of completion of the
planned unit development shall note the issuance on the filed final
development plan.
(2) After the certificate of completion has been issued, the use of
the land and the construction, modification or alteration of a building
or structure within the planned unit development shall be governed
by the approved final development plan.
(3) After the certificate of completion has been issued, no change
shall be made in development contrary to the approved final
development plan without approval of an amendment to the plan
except as follows:
(a) Minor modifications of existing buildings or structures may
be authorized by the zoning administrator, upon consultation with
the technical committee, if they are consistent with the purposes
and intent of the final plan.
(b) A building or structure that is totally or substantially
destroyed may be reconstructed without approval of an amended
planned unit development if it is in compliance with the purpose and
intent of the final development plan.
(4) An amendment to a completed planned unit development
may be approved if it is consistent with the planned unit
development, or if it is appropriate because of changes in
conditions that have occurred since the final development plan was
approved or because there have been changes in the development
policy of the community as reflected by the Comprehensive Plan or
related land use regulations.
(5) No modification or amendment to a completed planned unit
development is to be considered as a waiver of the covenants
limiting the use of the land, buildings, structures and improvements
within the area of the planned unit development, and all rights to
enforce these covenants against any change permitted by this
section are expressly reserved.
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(6) In the event the applicant shall seek an amendment to the
application, and it is the determination of the zoning administrator,
upon consultation with the technical committee, that such
amendment exceeds the scope of final approval, a public hearing
shall be held by the hearing examiner as provided by WCC
20.85.335 herein. (Ord. 98 -083 Exh. A § 66, 1998).
20.85.375 Enforcement.
After final review and approval, as provided by WCC 20.85.365
herein, the zoning administrator shall enforce, or cause to be
enforced, the provisions of this ordinance as follows:
(1) Stop Orders: Whenever any work or action is being done
contrary to the provisions of this ordinance, the zoning
administrator may order the work or action stopped by notice in
writing served on any persons engaged in the doing or causing
such work or action to be done; and any such persons shall
forthwith stop such work or action until authorized by the
administrator to proceed with the work or action;
(2) Permits: No buildings, occupancy or other permit shall be
issued or granted for the construction of any building, structure or
improvement to the land, or for the use of any building or structure
or improvement to the land, until all requirements of this ordinance
have been complied with;
(3) Security: In the event of noncompliance with the terms of this
ordinance, the zoning administrator may require the applicant to
furnish assurance of compliance upon such terms and conditions
as the administrator deems appropriate including, but not limited to,
the posting of a surety bond or other sufficient security;
(4) Equitable Relief: Whenever any building, structure or
improvement to the land within a PUD is used in a manner, or for a
purpose, which violates any provision of this ordinance, or any
provision of state or local law, or any term or condition of PUD
approval, the county may commence an action to restrain and
enjoin such use and compel compliance with the provisions of this
ordinance, state or local law, or such terms and conditions. The
costs of such action shall be taxed against the violator;
(5) Penalty: Any person, firm or corporation who constructs any
building, structure or improvement to the land, or any portion
thereof, in violation of the provisions of this ordinance, shall be
guilty of a gross misdemeanor.
20.85.400 Fees.
Fees for planned unit developments shall be as set forth in the
Whatcom County Unified Fee Schedule. (Ord. 96 -056 Att. A § V5,
1996).
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Chapter 20.89
DENSITY TRANSFER PROCEDURE
Sections:
20.89.010 Purpose.
20.89.020 Definitions.
20.89.030 General requirements.
20.89.040 Sending areas.
20.89.050 Receiving areas.
20.89.060 Procedures and requirements for certification and
approval of transfer of development rights.
20.89.070 Exemptions from fees and other requirements.
20.89.010 Purpose.
The purpose of this chapter is to establish procedures for the
transfer of development rights from one property to another. Where
the applicable Comprehensive Plan policies and an appropriate
overlay zone, or zoning map designation, provide the option for
transfer of development rights (TDRs), the rights shall be
transferred consistent with the requirements of this chapter, and the
requirements of the sending areas and receiving areas as defined
in this chapter and identified on the official Whatcom County zoning
map.
The transfer of development rights from one property to another
is allowed in order to provide flexibility and better use of land and
building techniques; to help preserve critical areas, watersheds,
and open space; to provide more equalization of property values
between various zones than would normally be the case; and to
work toward achieving county -wide land use planning goals, the
objectives of subarea plans and of this title, and implementation of
the goals, policies, and action plans of the Whatcom County
Comprehensive Plan. (Ord. 2001 -001 § 1, 2001; Ord. 99 -087,
1999; Ord. 98 -083 Exh. A § 60, 1998).
20.89.020 Definitions.
.021 "Development rights" means the residential building rights
permitted to a lot, parcel or area of land based on the gross density,
established pursuant to the official Whatcom County zoning map
and this title, and measured in maximum dwelling units per
developable acre. Where land is impacted by critical areas, as
defined in WCC Title 16, development potential shall be
demonstrated by the owner with consideration given to
opportunities for cluster development.
.022 "Sending areas and parcels' means undeveloped or partially
developed areas, designated on the official Whatcom County
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zoning map, or by further action of the county council,, whinah are
A sending parcel or site
is one that is located within a designated sending area.
.023 'Receiving areas and parcels" means areas that are
designated on the official Whatcom County zoning map,-4ar by
further action of the county council, or are designated on official city
zoning maps which are eligible for higher density residential
development beyond their min murn gross dG y through the
transfer of development rights. A receiving parcel or site is one that
is located within a designated receiving area. In the event that an
area or parcel may be located within a designated receiving area
and a designated sending area, that area or parcel shall not be
eligible to receive TDRs and may only be eligible to sell /transfer
TDRs.
.024 'Transfer units' means the additional number of dwelling
units allowed on a receiving parcel, Alter the rn murn gross
^
density, through the use of transfer of development rights. (Ord.
2001 -001 § 1, 2001; Ord. 2000 -005 § 3, 2000; Ord. 99 -087, 1999;
Ord. 98 -083 Exh. A §§ 61, 62, 1998).
.025 "In lieu payments" for purchase sale or transfer of
development rights means payment of funds to the development
rights bank in lieu of the transfer of development rights from a
sending area. The amount for in lieu payments shall be determined
by the development right bank oversight committee.
20.89.030 General requirements.
.031 Development Rights. The residential development rights
shall be considered as interests in real property.
.032 Transfer of Development Rights Permitted. Notwithstanding
.. at •idth affi' ^apth,4The number of dwelling units
permitted- certified to be built upon a sending parcel may be
transferred and built upon a receiving parcel unless encumbered in
a manner that prohibits or limits residential development. In
approving a transfer of development rights pursuant to this chapter,
the appropriate decision - making body must find that such a transfer
is consistent with the Comprehensive Plan designation and zoning
des gnatap,- gulations of the receiving parcel. Such a transfer of
development rights shall only be permitted to occur under the
above circumstances, and according to the procedures, set out in
this chapter.
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Transferable Development Rights Proposed Ordinance: Exhibit B
.033 Transfer of Units. In any transfer of units, the sending
parcel(s) may transfer all or a portion of its development rights to a
receiving parcel or parcels, or sell its development rights to an
individual, intermediate buyer, development rights bank or entity.
The transfer of development rights is prohibited if the development
right is encumbered in a manner that prohibits or limits residential
development. (Ord. 2001 -001 § 1, 2001; Ord. 99 -087, 1999; Ord.
98 -083 Exh. A § 63, 1998).
.034 In Lieu Payments. Payments may be accepted by the
development rights bank in lieu of the transfer of development
rights from a sending area. In lieu payments shall be utilized by the
development rights bank for purchase sale or transfer of
development rights. The development rights bank oversight
committee shall establish procedures for the acceptance and
uitlization of in lieu payments.
20.89.040 Sending areas.
.041 Designation of Sending Areas. In addition to those areas
which qualify as sending areas according to the official Whatcom
County zoning map, the county council may approve additional
sending areas. Such additional areas may be approved only
through the process established for amendments to the official
Whatcom County zoning map and pursuant to the procedures and
requirements in Chapter 20_90 WCC, Amendments.
.042 Urban Residential (UR) and Rural Residential (RR) Sending
Areas. For purposes of determining available TDRs only, parcels
located within a designated sending area that are zoned UR, and
which do not currently have public water and sewer service, shall
be certified TDRs based upon the official zone density for a parcel
with public water and sewer, regardless of whether public water
and sewer service is currently available to the subject parcels.
Sending parcels that are zoned RR, which currently have neither
public water or sewer, shall be certified TDRs based upon the
official zone density for an RR parcel that does have public water or
sewer available. (Ord. 2001 -001 § 1, 2001; Ord. 99 -087, 1999).
20.89.050 Receiving areas.
.051 Designation of Receiving Areas. In addition to those areas
which qualify as receiving areas according to the official Whatcom
County zoning map, the county council may approve additional
areas as receiving areas.
(1) Designated Receiving Areas. Such additional areas may be
approved through the process established for amendments to the
Ise Planning DivisionATDR Progam\ZON2003 JOW7AChapter 20.89.doe
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Transferable Development Rights Proposed Ordinance: Exhibit B
official Whatcom County zoning map and pursuant to the
procedures and requirements in Chapter 20_90 WCC,
Amendments.
(2) Rezones. Rezone requests for an area or parcel located
within a designated urban growth area, that have been submitted
pursuant to Chapter 20_90 WCC, shall be subject to review by
county and city planning staff, and the appropriate administrative
bodies, to determine whether the subject site is appropriate for
designation as a TDR receiving area.
(3) Expansion of Urban Growth Areas and Associated Rezones.
Comprehensive Plan amendment requests, submitted pursuant to
Chapter 20_10 WCC, Comprehensive Plan Amendments, that
propose the expansion of an urban growth area boundary shall be
subject to review by county and city planning staff, and the
appropriate administrative bodies, to determine whether the subject
areas are appropriate for designation as TDR receiving areas.
(4) Cities. In cooperation with Whatcom County, cities may
designate additional TDR receiving areas within the jurisdictional
boundaries for the purposes of receiving transferred densities
pursuant to this chapter.
Under the above provisions, the designation of additional TDR
receiving areas shall be based upon findings that the area /site is
appropriate for higher residential densities, is not limited by
significant critical areas, and neighboring areas would not be
significantly adversely impacted. If such areas are determined to be
appropriate for designation as TDR receiving areas /sites, prior to
development, parcel owners shall be required to purchase TDRs to
attain the maximum gross density requested under the proposed
zoning. The purchase of TDRs shall not be required until such time
that the requirements of WCC 20.89.060 have been met. (Ord.
2001 -001 § 1, 2001; Ord. 99 -087, 1999).
20.89.060 Procedures and requirements for certification and
approval of transfer of development rights.
.061 Certification for Future Sale or Transfer. A TDR that is not
associated with a pending development application and that is not
proposed for transfer to another parcel at the time of application
may be certified administratively by the Whatcom County planning
and development services department. Upon satisfactory
application for certification of TDRs for future sale or transfer, the
number of TDRs on a sending area parcel shall be certified through
the issuance of serially numbered individual certificates for each
TDR verified for that parcel. The issuance of TDR certificates shall
be recorded in the chain of title for the subject property. All certified
TDRs and the value of such rights shall be deemed to be
appurtenant to the sending area parcel until such rights are
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transferred by a recorded deed of transfer and a deed restriction is
recorded.
.062 Intermediate Transfer. Certified TDRs may be approved
administratively for transfer to another individual, intermediate
buyer, development rights bank or entity who may hold them for a
period of time before the TDRs are transferred to a receiving area
parcel. Under this provision, however, no certified TDR may be
transferred to a receiving parcel and /or used in association with a
development project without prior approval under the procedures
established in this title for a transfer of development rights permit,
and the appropriate WCC Title 21 subdivision regulations, as
applicable. An intermediate transfer shall not be approved until the
following has been acomplished:
(1) Execution and recording of an instrument legally sufficient in
both form and content (using a form provided by the county) to
effect such development right transfer. Said instrument shall
include at minimum a legal description of the sending parcel(s) and
the serial numbers of the certified TDRs being transferred.
(2) Recording of a deed restriction as specified by the county, on
all of the sending parcels from which development rights are
obtained. A copy of the recorded deed restriction shall be submitted
to the planning and development services department who shall
certify that all of the transferred development rights on each
sending parcel are removed.
(3) The deed restriction shall be approved as to form by the
prosecuting attorney. The document shall notify all owners and
successors that the transfer and its concomitant restrictions shall
run with the land and be binding upon all future owners. For all
sending parcels, the deed restriction shall be sufficient to retire all
transferred development rights upon the sending parcel in
perpetuity.
.063 Initiation. An application for transfer of development rights to
a receiving area parcel shall be initiated as follows:
(1) The process of transferring development rights shall be
initiated by submittal of an application for a transfer of development
rights permit (TDR permit) by the owner of the receiving parcel to
the Whatcom County planning and development services
department.
(2) An application for a TDR permit shall only be accepted for
filing concurrently with an application for the associated
development project pursuant to the requirements of the Whatcom
County Code.
(3) The planning and development services department shall
submit the TDR permit application to the appropriate decision -
making body for discretionary approval concurrently with the
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proposed development project according to the procedures
prescribed in the Whatcom County Code.
.064 Submittal Requirements. All submittals for a TDR
certification, intermediate transfer or permit shall include the
following:
(1) A map showing the location and boundaries of the receiving
parcel and sending parcel as applicable;
(2) The acreage of the receiving parcel and sending parcel as
applicable;
(3) The zoning and current allowable gross density of the
receiving and sending parcels as applicable;
(4) A lot of record confirmation application;
(5) Written and notarized consent to the transfer from all
registered owners and lien holders of record of all property subject
to the transfer of development rights;
(6) A title report no more than 30 days old
(76) A calculation of the number of units available to be
transferred from the sending parcel and the total number of
dwelling units requested to be transferred to the receiving parcel as
applicable. Any fraction of a unit of 0.50 or greater shall be
considered as a whole unit;
(87) Except for purposes of certification or transfer under WCC
20.89.061, all other submittal requirements for an application for the
associated development project pursuant to the requirements of the
Whatcom County Code; and
(98) The planning and development services department may
require the submission of other data, information, or drawings as
deemed necessary to accomplish the purposes of this chapter.
.065 Approval Process and Criteria.
(1) The procedures for approval of a TDR permit shall be the
same as for approval of the associated development project
pursuant to the requirements of the Whatcom County Code, except
as exempted under WCC 20.89.061. The appropriate decision -
making body may approve a TDR permit only upon making the
fallowing findings:
(a) The purposes and requirements of this chapter have been
met; and
(b) The transfer will result in the permanent preservation of
open space land.
(c) The development rights have not been encumbered in a
manner that prohibits or limits residential development
(2) Approval of an application for a TDR permit is discretionary.
The hearing examiner, county council, or planning and
development services department may approve, deny, or
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Transferable Development Rights Proposed Ordinance: Exhibit B
conditionally approve such a permit, and may impose such
conditions as it deems appropriate to accomplish the goals of this
chapter and to mitigate any adverse impacts of such an application.
.066 Requirements for Final Approval. Approval of a TDR permit
shall not be finalized until such times as the following have been
accomplished:
(1) Final approval of the concurrent development project
according to the provisions of the Whatcom County Code, except
as exempted under WCC 20.89.061.
(2) Execution and recording of an instrument legally sufficient in
both form and content (using a form provided by the county) to
effect such development right transfer. Said instrument shall
include at minimum a legal description of both the sending parcel(s)
and receiving parcel(s), and the serial numbers of the certified
TDRs being transferred.
(3) Recording of a deed restriction as specified by the county, on
all of the sending parcels from which development rights are
obtained. A copy of the recorded deed restriction shall be submitted
to the planning and development services department who shall
certify that all of the transferred development rights on each
sending parcel are removed.
(4) The deed restriction shall be approved as to form by the
prosecuting attorney. The document shall notify all owners and
successors that the transfer and its concomitant restrictions shall
run with the land and be binding upon all future owners. For all
sending parcels, the deed restriction shall be sufficient to retire all
transferred development rights upon the sending parcel in
perpetuity. (Ord. 2001 -001 § 1, 2001; Ord. 99 -087, 1999).
20.89.070 Exemptions from fees and other requirements.
.071 A development project which relies upon a transfer of
development rights shall comply with all other applicable
requirements of the Whatcom County Code for such a project.
However, in order to encourage the use of the transfer of
development rights program, projects containing approved transfer
units may be exempted from certain fees and requirements
normally imposed by the county. Such exemption may be
appropriate because there is a clear public benefit to be gained
through the program in the preservation of valuable environmental
and /or open space resources. In addition, exemptions from certain
county fees will prevent a duplication of requirements for owners of
receiving parcels who are providing open space and /or water
quality protection through the purchase of transferable development
rights. Any such exemptions shall only be granted pursuant to the
procedures set out in this section.
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.072 Upon application for a TDR permit, the applicant shall be
granted a 25 percent reduction for all lot review fees required
pursuant to the Whatcom County uniform fee schedule, excluding
recording fees administered by the Whatcom County auditors'
office.
.073 In conjunction with the TDR permit, an applicant may also
be granted the following reductions /increases: (1) a 30 percent
reduction, or total exemption, from the minimum landscaping
requirements, as applicable; and (2) a 15 percent increase in total
allowable lot coverage, upon showing that such a
reduction /increase will not adversely impact project residents,
adjacent residents, or the character of the adjacent neighborhood.
Any such reduction /increase is discretionary and shall be approved
by the appropriate decision - making body in conjunction with its
review of the TDR permit and project application. (Ord. 2001 -001
§ 1, 2001; Ord. 99 -087, 1999).
20.89.080 Development rights bank.
.081 Whatcom County may create a development rights (DR) bank
to facilitate the exchange of development rights. Establishment of a
DR bank does not preclude private party transactions.
(1) The DR bank may purchase, or sell development rights.
(2) DR bank may hold TDRs for any length of time.
(3) The DR bank may accept in lieu pavments for transfer of
development rights.
(4) The DR bank may accept donations of development rights.
.082 A DR bank oversight committee shall be established The
committee shall consist of five members and shall be appointed by
the County Executive and confirmed by the County Council. Each
member shall be a resident of Whatcom County and shall represent
relevant areas of expertise. The terms of office for the DR bank
members shall be four years and be staggered.
(1) The DR bank oversight committee shall establish procedual
and substantive rules to govern its powers duties and functions
subject to approval by the County Council. The County Council
may adopt the rules by resolution.
.083 The DR bank oversight committee shall be empowered to
make recommendations regarding:
(111 The purchase sale of DRs and receive or hold DRs.
(2) In lieu payments for transfer of development rights if no
development rights are available.
(3) The application for, and acceptance of grants for the DR
banks authorized purpose.
(4) The donation of funds or development rights.
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(5) Negoiations a competitive bid process or any other method
considered fair and equitable by the oversight committee
subject to the approval of County Council. The County
Council may adopt the method by resolution
(6) Determining the price of development rights purchased from
or sold to the DR bank and the amount of in lieu payments to
the DR bank.
IQ Planning Division \TOR Program\ ON2003- 00007\Chapar 20.89doc
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Transferable Development Rights Proposed Ordinance: Exhibit C
Chapter 20.90
AMENDMENTS*
Sections:
20.90.010 Purpose.
20.90.020 Types of zoning amendments defined.
20.90.030 Initiation of amendments.
20.90.040 Docketing procedures.
20.90.050 Processing of initiated amendments.
20.90.060 Special provisions.
20.90.070 Transmittal of amendments to the state.
20.90.080 Maintenance of dockets and public review.
'Prior legislation: Ords. 99 -081, 98 -083 Exh. A § 66, 98 -010 § I.
20.90.010 Purpose.
The purpose of this chapter is to define the types of zoning amendments
and establish time lines and procedures to be followed when proposals are
made for amending or revising the county zoning ordinance. (Ord. 2000-
016 § 1).
20.90.020 Types of zoning amendments defined.
(1) `Standard map amendment' means a proposed change or revision to
the official county zoning map that affects a number of properties under
various ownerships. A standard map amendment is generally
comprehensive in nature, deals with homogenous communities, is
geographically distinctive, or has unified interest within the county, such
as subarea plans.
(a) Rezone agreements may be required if, from the facts presented,
and the findings, report and recommendations of the planning commission
as required by this chapter, the council determines that the public health,
safety and general welfare will be best served by a proposed change of
zone. The council may indicate its general approval, in principle, of the
proposed rezoning by the adoption of a "resolution of intent to rezone" the
area involved. This resolution shall include any conditions, stipulations or
limitations which the council may feel necessary to require in the public
interest as a prerequisite to final action. The fulfillment of all conditions,
stipulations and limitations contained in said resolution, on the part of the
applicant(s), shall make such a resolution a binding commitment on the
council. Such a resolution shall not be used to justify spot zoning, to create
unauthorized zoning categories by excluding uses otherwise permitted in
the proposed zoning, or by imposing setback, area coverage restrictions
not specified in the code for the zoning classification, or as a substitute for
a variance. Upon completion of compliance action by the applicant, the
council shall, by ordinance, adopt such rezoning. The failure of the
applicant to meet any or all conditions, stipulations or limitations
contained in the resolution, including the time limit placed in the
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Transferable Development Rights Proposed Ordinance: Exhibit C
resolution, shall render the resolution of intent to rezone null and void,
unless an extension is granted by the council upon recommendation of the
planning commission. The time limitations shall be one year. The council
may grant up to five one -year extensions, based on demonstration of
hardship or significant progress toward completion, after which the
resolution becomes null and void if all conditions, stipulations and
limitations have not been met by the applicant.
(2) "Site- specific rezone" means a proposed change or revision to the
official county zoning map affecting a limited number of acres and must
be composed of contiguous parcels that are under one or a limited number
of ownerships and are requested to allow a specific project not allowed
under the current zoning designation.
(3) "Concomitant rezone" is a site- specific rezone which uses a
concomitant agreement to impose conditions on, or limitations on uses and
may also require performance by the applicant(s) which is /are directly
related to mitigation of probable on and off -site impacts to adjacent uses,
public services and the environment. The agreement shall generally be in
the form of a covenant running with the land. The provisions of the
agreement will be in addition to all other pertinent Whatcom County Code
requirements.
(4) "Text amendments" means a proposed change or revision in the text
of WCC Title 20, the zoning ordinance. (Ord. 2000 -016 § 1).
20.90.030 Initiation of amendments.
Amendments to this title and/or to the official Whatcom County zoning
map maybe initiated as follows:
(1) The department of planning and development services may initiate
an amendment(s) by placing the proposed amendment(s) on the WCC
Title 20 and official zoning map initiated amendment annual docket.
(2) The Whatcom County planning commission may initiate an
amendment(s) by majority vote of its members to place an amendment
proposal on the WCC Title 20 and official zoning map initiated
amendment annual docket.
(3) In addition to the initiation of emergency amendments, the county
council may initiate an amendment by approving a resolution to place a
proposed amendment(s) on the WCC Title 20 and official zoning map
initiated amendment annual docket.
(4) A citizen may initiate an amendment(s) to this title and/or to the
official Whatcom County zoning map by making application on forms
provided by the department of planning and development services and
paying a processing fee. The amendment proposal shall be docketed by the
department of planning and development services.
(5) Amendments to this title or the official county zoning map that also
require an amendment to the Comprehensive Plan shall be initiated only if
the accompanying Comprehensive Plan amendment is initiated as
provided in Chapter 20.10 WCC. The payment of the processing fee for
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the zoning amendment as required by this section shall occur within 15
days of the approval of the resolution initiating the Comprehensive Plan
amendment or the zoning amendment will be withdrawn. (Ord. 2000 -016
§ 1).
20.90.040 Docketing procedures.
Initiated amendments are docketed on either the annual or the regular
WCC Title 20 zoning amendment docket as provided below:
.041 The annual docket requires application to be submitted by June
30th each year Amendments subject to the annual docket process include:
(1) Nonemergency county - initiated standard map and text amendments.
(2) Citizen- initiated standard map amendments.
.042 The regular docket accepts application throughout the year.
Amendments subject to the regular docket process include:
(1) Citizen- initiated site - specific rezones.
(2) Citizen - initiated text amendments.
(3) County- initiated emergency amendments. (Ord. 2000 -016 § 1).
20.90.050 Processing of initiated amendments.
Initiated amendments are reviewed by the department of planning and
development services as listed below:
.051 General Provisions.
(1) Initiated amendments are reviewed pursuant to the timelines as
outlined in WCC 20.90.052 and 20.90.053.
(2) For citizen - initiated amendments, the department of planning and
development services will evaluate each application for completeness and
may request additional information of the applicant prior to requesting the
appropriate hearing body to schedule a public hearing.
(3) The department of planning and development services shall conduct
environmental review under SERA and prepare a staff report including
recommendations and/or options for each initiated amendment to this title
and/or the official zoning map. Both the report and the result of the
environmental review shall be forwarded to the appropriate hearing body
to the applicable city staff and planning commission if the proposed
amendment applies to land within a city's urban growth area.
(a) The staff report shall evaluate the initiated amendment(s) in
relationship to the goals, objectives and policies of the Whatcom County
Comprehensive Plan, consider environmental implications as identified by
the Whatcom County SEPA official and evaluate the proposal's
compliance with any other special provision as provided by WCC
20.90.060. If the proposed amendment includes land within a city's urban
growth area, the staff report shall also address consistency with the
applicable city comprehensive plan and the ability of the city to provide
needed utility services.
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(4) The appropriate hearing body (planning commission or hearing
examiner) shall receive the staffs findings and recommendations for the
initiated amendment and shall establish a public comment period during
which a public hearing(s) on the amendment shall be scheduled. If the
proposed amendment includes land within a city's urban growth area, it
shall be processed in accordance with the adopted interlocal agreement
with that city.
(5) At the conclusion of the public comment period, the appropriate
hearing body shall evaluate the merits of each amendment in relationship
to the goals, policies and objectives of the Comprehensive Plan, for
compliance with any other special provisions as provided by WCC
20.90.060 and shall make a recommendation as to whether the amendment
should be approved, approved with modifications or denied. The
appropriate hearing body shall then cause written findings and a
recommendation to the county council to be prepared for each
amendment. The written findings and recommendation shall be forwarded
to the county council in the form of an agency report which shall include a
draft ordinance to implement the appropriate hearing body's
recommendation, if applicable. No draft ordinance is required if the
recommendation is to not approve the initiated amendment proposal.
(6) (a) The county council shall receive the appropriate hearing body's
findings, recommendations and copy of the proposed amendment of the
initiated amendment within 14 days of formal hearing body decision.
(b) Upon receipt of the findings, recommendation and a copy of the
proposed amendment, the county council shall, at its next regular public
meeting, set the date for a public meeting, where it shall consider the
appropriate hearing body's findings and recommendations, and may:
(i) By ordinance, adopt; or
(ii) By motion reject; or
(iii) By resolution, remand the recommendation back, with
instructions, to the appropriate hearing body for reconsideration of the
official control or amendment; or
(iv) If after deliberating, the council believes the public interest
may be better served by departing from the recommendation of the
appropriate hearing body on an initiated amendment, the council shall
conduct their own public hearing.
.052 Annual Docket. The following schedule is established for the
review of initiated amendments to this title and the official Whatcom
County zoning map as included in WCC 20.90.041.
(1) Docketing deadline for initiated amendments is June 30th.
(a) Initiated amendments, which we subject to the annual docket
requirements, received after June 30th, that do not also require a
Comprehensive Plan amendment, will be scheduled for review in the next
annual processing cycle.
(b) Once the annual docket is final, the department of planning and
development services shall publish a list of the rezones to be considered
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and notify the appropriate city of any proposed rezones which are within a
city's urban growth area;
(2) Staff report(s) and recommendation(s) to planning commission will
begin on or about October 1st and will conclude on or about April Iat of
the following year;
(3) Planning commission action on initiated amendments will begin on
or about October 31st and will conclude on or about April 30th of the
following year;
(4) Planning commission findings and recommendations submitted to
the county council shall be submitted pursuant to WCC 20.90.051(6)(a).
(5) County council final action on initiated amendments shall be
completed pursuant to WCC 20.90.051(6)(b). Final decisions for initiated
amendments shall be completed on or about June 30th each year
.053 Regular Docket. Initiated amendment types included on the regular
docket are listed in WCC 20.90.042. Applications are accepted throughout
the year and are generally processed in the order received. The date used
to establish the processing order shall be the date the application is
determined to be complete by the department of planning and
development services.
(1) Citizen- initiated text amendments will be processed pursuant to
WCC 20.90.051. The initial public hearing(s) shall be conducted by the
planning commission.
(2) Initiated emergency amendments will be processed pursuant to
WCC 20.90.061. Initiated emergency amendments may be processed
ahead of other amendments.
(3) Site- specific rezones shall be processed pursuant to Chapter 2.33
WCC, Permit Review Procedures, and Chapter 20.92 WCC, Hearing
Examiner. Site - specific rezones which require a concomitant agreement
are exempted from the requirements of Chapter 2.33 WCC.
(4) Minor amendments to this chapter that are required for consistency
with amendments to other regulations; provided, that a public process has
occurred pursuant to the provisions of Chapter 36.70 RCW which
prescribe the requirements for adoption of official controls. (Ord. 2002-
007 § 1, 2002; Ord. 2000 -016 § 1).
20.90.060 Special provisions.
.061 Initiation of Emergency Amendments. For the purposes of this
chapter, an "emergency amendment" means a proposed change or revision
to this title or the official Whatcom County zoning map that arises from a
situation that necessitates expeditious action to preserve the health, safety
or welfare of the public; or to support the social, economic or
environmental well -being of the county or region. Emergency
amendments may be adopted by emergency ordinance pursuant to Section
2.40 of the Whatcom County Charter when immediate rather than
expeditious action is required.
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(1) Emergency amendments shall be initiated by resolution approved by
a two - thirds majority vote of the council upon a finding that a situation
exists that necessitates expeditious action to preserve the health, safety or
welfare of the public; or to support the social, economic or environmental
well -being of the county or region.
(2) Emergency amendments so initiated shall be forwarded to the
department of planning and development services who shall immediately
begin processing the initiated amendment in the manner set forth for the
processing of WCC Title 20 and official county zoning map amendments.
(3) In conducting their review and evaluation, the department of
planning and development services and the planning commission shall
each endeavor to perform their responsibilities expeditiously while
assuring adequate opportunity for public review and comment.
(4) Nothing in this section shall be construed to limit the authority of
the council to adopt an emergency amendment to the Comprehensive Plan
by emergency ordinance as provided in Section 2.40 of the Whatcom
County Charter.
.062 Suggested Revisions and Suggested Revisions Docket.
(1) Notwithstanding the provisions of WCC 20.90.030, interested
persons, including applicants, citizens, hearing examiners, and staff of
other agencies, may suggest revisions to this title and to the official
Whatcom County zoning map by completing and submitting a suggestion
form provided for that purpose by the department of planning and
development services.
(2) The department of planning and development services shall docket
each suggested revision on the WCC Title 20 suggested revisions docket.
There is no processing fee for the placement of suggested revisions on the
suggested revision docket.
(3) Items on the suggested revisions docket are suggested revisions only
and are not initiated amendments. No item on the suggested revisions
docket will be processed as an amendment unless it has first been initiated
in the manner provided under WCC 20.90.030. None of the parties with
authority to initiate amendments under WCC 20.90.030 are under any
obligation to initiate suggested revisions as amendments.
(4) At least once a year, the department of planning and development
services shall review and evaluate items on the suggested revisions docket
for possible initiation as amendments. Those suggested revisions that the
department considers further the public interest or further the goals,
policies or objectives of the Comprehensive Plan may be initiated by the
department as amendment(s) by placing them on the WCC Title 20 and
official zoning map initiated amendment docket as provided in WCC
20.90.030.
.063 Site - Specific Rezones. Site - specific rezones are processed as
"development applications" as prescribed by Chapter 2.33 WCC, Permit
Review Procedures, and are reviewed by the hearing examiner in
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Transferable Development Rights Proposed Ordinance: Exhibit C
accordance with WCC 20.92.205. The final decisions regarding a site -
specific rezone is made by the county council. All site - specific rezones are
processed within the timelines as required by Chapter 2.33 WCC except
for projects that are exempted by WCC 2.33.020(B) through (D).
(1) Site - specific rezones are initiated by making application on forms
provided by the department of planning and development services. Site -
specific rezones applications must satisfy the following criteria to be
accepted for review:
(a) Does not require a Comprehensive Plan amendment;
(b) Requires a discretionary development permit or building permit;
(c) Includes concurrent submittal of the discretionary development
permit or, if a discretional development permit is not required, a narrative
statement shall be included with the conceptual site plan which provides a
detailed description of the project proposal and includes a project
completion date.
(d) Includes evidence that all property owners included within the
proposed rezone boundary concur with the rezone and project proposal as
submitted for county review.
(e) Includes a completed environmental checklist.
(f) Includes payment of all permit and zoning related fees.
(g) If required as a condition approval, includes evidence that
transfer of development rights can be transferred pursuant to the
firocadures and requirements in Chapter 20.89 WCC, Transfer of
Development Rights and section 209460(64).
(2) Approval of site - specific rezone proposals must be supported by
written findings and conclusions showing specifically that all of the
following conditions exist:
(a) That the proposed amendment to the zoning map is consistent
with the Comprehensive Plan;
(b) That the proposed amendment to the zoning bears a substantial
relationship to public health, safety, morals, general welfare or community
needs, and will not adversely affect the surrounding neighborhood as a
whole;
(c) That there are changed conditions since the previous zoning
became effective to warrant the proposed amendment to the zoning map;
(d) That the proposed amendment is consistent and compatible with
the current uses and zoning of the surrounding land. Proposed uses shall:
(i) Be serviced adequately by necessary public facilities such as
highways, streets, public and fire protection, drainage structures, refuse
disposal, water and sewers, and schools; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to
provide adequately any such services;
(ii) Not create excessive additional requirements at public cost for
public facilities and services, and will not be detrimental to the economic
welfare of the community; or
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Transferable Development Rights Proposed Ordinance: Exhibit C
(iii) If located within a nonindustrial urban growth area, the site
shall:
(A) Be serviced by full urban services or be capable of
receiving urban services in time to serve the development;
(B) Shall be done in a manner which will not preclude
development at urban levels of density when the area is annexed into the
city; and
(C) Must be five acres or more in size.
(3) The proposed project is provisionally approved, and will revert to
the original zoning designation if project completion is not in compliance
with schedules as included with the discretionary development permit, or
if no discretional development permit is needed, within a reasonable time
to be set by the hearing examiner. Bonds may be required as a condition of
approval if deemed appropriate by the hearing examiner.
(4) Notwithstanding other language to the contrary, irregular boundaries
that would result from a site - specific rezone proposal would not preclude
the adoption of an otherwise satisfactory site - specific rezone.
(5) Site - specific rezones may be processed as concomitant rezones and
may be processed concurrent with other land use approvals.
(6) Concomitant rezone shall not be used for a rezone to agriculture,
commercial forestry, and rural forestry zoning districts. It may, however,
be used for any situation where extraordinary potential adverse impacts
from a proposed rezone may be mitigated by the agreement. The
concomitant rezone process may be employed for rezones in sensitive
geographic areas such as critical transportation corridors. Concomitant
rezones shall generally be used when normal review and approval
procedures are not adequate to resolve the specific issues involved in the
rezone proposal.
(7) The concomitant rezone agreement may include mitigation measures
such as access control, landscaping, screening, buffering, improvements to
public services including drainage, sewer, water and roads, lot coverage
restrictions and phasing of development.
(8) A conceptual site plan shall be required. The conceptual site plan
shall be drawn at not less than one inch to 100 feet (unless mutually
agreed to be the proponent and administrative official) and shall also
include, but not be limited to:
(a) General location of the structures.
(b) Location and number of access points.
(c) Approximate gross floor area of structures.
(d) Name of the proposal.
(e) Identification of areas requiring special treatment due to their
sensitive nature.
(f) North directional arrow.
(g) Names and locations of all public streets or roads boarding the
site.
(h) General legal description(s) for the site. (Ord. 2000 -016 § 1).
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.064 Transfer of Development Rights (TDRZ
(1) Designated Receiving Areas. Such additional areas may be
approved through the process established for amendments to
the official Whatcom County zoning map and pursuant to the
procedures and requirements in Chapter 20.90 WCC.
(2) Rezone requests to increase residential density that have
been submitted pursuant to Chapter 20.90 WCC may be required
to transfer development from a designated TDR sending area to
obtain the requested density as a condition of approval.
(3) Rezones initiated by the county, cities or other agencies shall be
subject to review by county and city planning staff, and the appropriate
administrative bodies to determine whether the subject site is appropriate
for designation as a TDR receiving area.
20.90.070 Transmittal of amendments to the state.
Pursuant to RCW 36.70A.106(3) and WAC 365- 195 -620, the
department of planning and development services shall notify and transmit
copies of initiated amendments to this title and the official Whatcom
County zoning map to the Washington State Department of Community,
Trade and Economic Development (CTED) and other state agencies
identified on a list distributed by CTED at least 60 days prior to final
adoption. The department of planning and development services shall also
transmit a complete and accurate copy of zoning amendments to CTED
within 10 days after the enacting ordinance is signed by the county
executive. (Ord. 2000 -016 § 1).
20.90.080 Maintenance of dockets and public review.
The WCC Title 20 and official zoning map initiated amendment dockets
and the suggested revisions docket together with their supporting
application files shall be maintained by the department of planning and
development services and made available for public review during normal
business hours. A copy or summary of the initiated amendment docket
shall be forwarded to each city staff and planning commission. (Ord.
2002 -007 § 1, 2002; Ord. 2000 -016 § 1).
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Transferable Development Rights Proposed Ordinance: Exhibit D
Chapter 20.71
WATER RESOURCE PROTECTION OVERLAY DISTRICT*
Sections:
20.71.010 Purpose.
20.71.020 Application.
20.71.021 Area and applicability.
20.71.050 Permitted uses.
20.71.100 Accessory uses.
20.71.150 Conditional uses.
20.71.200 Prohibited uses.
20,71 .300 Open space and impervious surfaces.
20.71.350 Cluster subdivisions.
20.71.351 Cluster design standards.
20.71.352 Open space reserve tract.
20.71.400 Building setback/buffer areas.
20.71.600 Development criteria.
20.71.601 Parking space dimensions.
20.71.602 Parking requirements.
20.71.603 Alternative surfacing methods.
20.71.604 Vehicular access.
20.71.700 Roads, curbs, gutters and sidewalks.
*Code reviser's note: Amendments to this chapter from Ordinance 2003 -032 sunset
December 1, 2003,
20.71.010 Purpose.
The Water Resource Protection Overlay district is an overlay
zone which is intended to impose additional controls to preserve
and protect unique and important water resources within Whatcom
County. This district is designed to protect the unique character of
the Lake Whatcom and Lake Samish watersheds while creating
opportunities not available in the underlying zone districts to
address the needs of these watersheds. (Ord. 2003 -032 Exh. A,
2003; Ord. 2002 -075, 2002; Ord, 2002 -034, 2002; Ord. 2001 -021
§ 1, 2001; Ord. 99 -086, 1999).
20.71.020 Application.
(Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002; Ord. 2002-
034, 2002; Ord. 2001 -021 § 1, 2001).
20.71.021 Area and applicability.
(1) The Water Resource Protection Overlay district is an overlay
zone which covers the entire geographic area of the Lake Whatcom
and Lake Samish watersheds within Whatcom County jurisdiction.
For purposes of this title, the Lake Samish watershed shall consist
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Transferable Development Rights Proposed Ordinance: Exhibit D
of that portion of the Friday Creek sub -basin of the Samish River
watershed that lies within Whatcom County.
(2) This district may be expanded to include other areas through
the annual zoning text amendment process.
(3) Lake Whatcom and Lake Samish are also designated as
stormwater special districts under the stormwater regulations
contained in WCC 20.80.635 and as water resource special
management areas under the clearing regulations contained in
WCC 20.80.735.
(4) If the provisions of this chapter conflict with the provisions of
the Shoreline Management Program, the Critical Areas Ordinance,
the Whatcom County Development Standards, or the provisions of
the underlying zoning district, then the most restrictive shall apply,
with the exception of the setback provisions established in WCC
20.71.401. (Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002;
Ord. 2002 -034, 2002; Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
20.71.050 Permitted uses.
All permitted uses in the underlying zone districts are permitted
except as expressly prohibited or made conditional, or further
conditioned by this chapter.
.051 Agriculture including animal husbandry, horticulture,
viticulture, floriculture, and the cultivation of crops, provided uses
which involve five or more animal units or cultivation of two or more
acres shall be subject to completion of a conservation plan in
conformance with Appendix A, Conservation Program on
Agricultural Lands, of the Whatcom County Critical Areas
Ordinance. All new and preexisting agricultural uses, other than
structures, with two to five animal units shall comply with the
setbacks established in the Critical Areas Ordinance unless they
have completed and implemented a conservation plan which
provides for a smaller buffer.
.052 Private noncommercial greenhouses less than 250 square
feet. (Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002; Ord.
2002 -034, 2002; Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
20.71.100 Accessory uses.
All accessory uses in the underlying zone districts are permitted
except as expressly prohibited or made conditional, or further
conditioned by this chapter. (Ord. 2003 -032 Exh. A, 2003; Ord.
2002 -075, 2002; Ord. 2002 -034, 2002; Ord. 2001 -021 § 1, 2001;
Ord. 99 -086, 1999).
20.71.150 Conditional uses.
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All conditional uses in the underlying zone districts shall remain
conditional uses unless expressly prohibited, made conditional, or
further conditioned by this chapter.
.151 On -site storage facilities for hazardous wastes associated
with outright permitted uses or approved conditional uses, other
than cottage industries as defined in WCC 20.71.215, subject to the
most current siting criteria under Chapter 173 -303 WAC within the
Rural, Rural Forestry, Commercial Forestry, Neighborhood
Commercial and Resort Commercial zone districts only.
.152 In the Rural, Rural Forestry and Commercial Forestry zone
districts only, transitory solid waste facilities for storage or
collection, including: recycle centers, drop boxes, and transfer
stations for household materials excluding large items such as
automobiles or major appliances, and including the type of facilities
operated by neighborhood or public service organizations. Transfer
stations shall be subject to the provisions established under WCC
20.42.160.
.153 Animal hospitals and accessory kennels and stables, or
commercial kennels and stables intended for the boarding or
training of domestic animals located in the Rural zone, provided:
(1) No building or animal enclosures other than pasture fencing
shall be located closer than 50 feet from the external property lines;
(2) Such facilities must provide a waste disposal program that
demonstrates that animal waste will not impact surface or ground
water;
(3) Such facilities which accommodate five or more animal units
shall be subject to completion of a conservation plan in
conformance with Appendix A, Conservation Program on
Agricultural Lands, of the Whatcom County Critical Areas
Ordinance. Preexisting facilities with more than two, but less than
five, animal units shall comply with the setbacks established in the
Critical Areas Ordinance unless they have completed and
implemented a conservation plan which provides for a smaller
buffer; and
(4) Such facilities shall be operated at all times in a manner
specifically designed to prevent the use of the facilities from
becoming a nuisance, either public or private; and the hearing
examiner shall require of the applicant a detailed program to
minimize any potential watershed impacts or any other potential
adverse impacts; said program is to be recorded as one of the
conditions attached to the permit.
.154 Retail or wholesale plant nurseries or greenhouses for
storage, propagation and culture of plants, provided:
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(1) Greenhouses shall not be larger than 1,000 square feet.
(2) Greenhouses and cultivated ground shall not be located
within 250 feet of Lake Whatcom, Lake Samish, or streams subject
to the Shoreline Management Program, 200 feet from fish bearing
streams, or 150 feet from other streams, and their tributaries, which
flow into Lake Whatcom or Lake Samish.
(3) A monitoring program has been established to ensure that
chemical and pesticide quantities in stormwater runoff do not
exceed state water quality standards. Complete control of drainage
from the operation shall be in effect. Such runoff will be tested
bimonthly for pollutants and there will be quarterly unannounced
spot checks by a licensed water quality testing agency. All
requirements will be met at the owner's expense. (Ord. 2003 -032
Exh. A, 2003; Ord. 2002 -075, 2002; Ord. 2002 -034, 2002; Ord.
2001 -021 § 1, 2001; Ord. 99 -086, 1999).
20.71.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts,
the following uses are prohibited:
.201 Dry cleaning establishments.
.202 Gas stations, service stations, automotive repair garages
and automotive wrecking yards.
.203 Sod farming.
.204 Aquaculture and mariculture projects; provided, that fish
hatcheries and private noncommercial fish ponds approved by the
Department of Fish and Wildlife may be permitted.
.205 The operation of fur farms.
.206 Confinement feeding operations.
.207 Asphalt and concrete batch plants.
.208 Gravel bar scalping projects within the jurisdiction of the
Shoreline Management Program.
.209 Utilization of sewage sludge on land.
.210 On -site treatment facilities for hazardous wastes.
.211 Commercial composting and mulching facilities.
.212 Solid waste disposal or treatment facilities and sites of a
permanent nature, including landfills and incinerators.
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.213 Golf courses.
.214 Cemeteries.
.215 Cottage industries which would require on -site hazardous
waste storage facilities.
.216 Surface mining outside of designated Mineral Resource
Lands (MRL) special overlay districts. (Ord. 2003 -032 Exh. A, 2003;
Ord. 2002 -075, 2002; Ord. 2002 -034, 2002; Ord. 2001 -021 § 1,
2001; Ord. 99 -086, 1999).
20.71.300 Open space and impervious surfaces.
.301 Open space requirements shall be as follows:
(1) For uses in the TC and NC zones, at least 25 percent of the
parcel shall be reserved as open space.
(2) For uses in the RC zone, at least 40 percent of the parcel
shall be reserved as open space.
(3) Parking areas, driveways, patios and outdoor storage and
loading areas that are constructed of impervious surfaces shall not
be considered open space.
(4) Open space areas shall be maintained in natural vegetation
or landscaped per WCC 20.80.325.
(5) For properties within the jurisdiction of the Shoreline
Management Program (WCC Title 23), 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 open space calculations.
.302 Impervious surface requirements shall be as follows:
(1) For uses in the UR and URM zone districts, at least 50
percent of the lot shall be kept free of structures and impervious
surfaces, except in the UR zone, where on lots larger than 10,000
square feet, 60 percent of the lot shall be kept free of impervious
surfaces.
(2) For uses in the RR zone district, at least 80 percent of the lot
shall be kept free of structures and impervious surfaces.
(3) For uses in the R zone district, at least 90 percent of the lot
shall be kept free of structures and impervious surfaces.
(4) For parcels where the applicable formulas in subsections (1),
(2), and (3) of this section would not allow a 2,000- square -foot
impervious surface area, 2,000 square feet of impervious surface
shall be allowed.
(5) Pre- existing nonconforming impervious surfaces may be
maintained or redeveloped. However, if 50 percent, or greater, of
the pre- existing nonconforming impervious area is to be
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Transferable Development Rights Proposed Ordinance: Exhibit D
redeveloped, then the applicable impervious surface limitations
shall apply per subsections (1) through (4) of this section.
Expansion of nonconforming impervious surfaces shall be
prohibited.
(6) A mobile home within an existing mobile home park may be
replaced with a larger mobile home (not to exceed a maximum of
1,500 square feet) provided there is not an increase in the overall
number of mobile homes in the park or any increase in other
impervious surfaces beyond the new mobile home footprint.
(7) For properties within the jurisdiction of the Shoreline
Management Program (WCC Title 23), submerged lands and /or
tidelands within the boundaries of any waterfront parcel that are
located watenvard of the ordinary high water mark shall not be
used in impervious /pervious surface calculations.
(8) Any portion of a roof overhang or other overhanging
architectural feature which projects further than three feet from the
footprint of a structure shall be calculated as impervious surface.
.303 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 lots in the subdivision on a prorated basis. (Ord. 2003 -032
Exh. A, 2003; Ord. 2002 -075, 2002; Ord. 2002 -034, 2002; Ord.
2001 -063 § 1, 2001; Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
20.71.350 Cluster subdivisions.
(1) The purpose of cluster subdivision is to provide a method for
creating economical building lots with spatially efficient sizes.
Clustering is intended to reduce development cost and increase
energy efficiency.
(2) Clustering is also intended to help preserve open space, the
character of areas, as well as reduce total impervious surface area.
Reduction of total impervious surface area thereby reduces 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. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002; Ord. 2002 -034,
2002; Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
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
with the exception of boundary line adjustments.
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(2) The minimum cluster lot size and reserve area requirements
of the underlying zoning shall apply unless otherwise stated in this
chapter.
(3) The maximum number of lots in a lot cluster shall be 16. Any
number of lot clusters may be used; however, there shall be at least
500 feet of separation between any clusters.
(4) Clustered building lots may only be created through the
subdivision, short subdivision or binding site plan process.
(5) Building lots shall be designed and located to be compatible
with, and avoid disturbance of, critical areas or other valuable or
unique natural features, as well as physical constraints of the site.
(6) Building sites shall be arranged in a cluster or concentrated
pattern. The cluster subdivision should 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.
(7) Common access to clustered building lots should be provided
by cul -de -sac or loop roads that are designed to reduce impervious
surfaces to the maximum extent allowed by the county fire marshal
and county engineer. (Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075,
2002; Ord. 2002 -034, 2002).
20.71.352 Open space reserve tract.
For purposes of this section, "open space reserve tract' is
defined as that portion of the subdivision or short subdivision set
aside in accordance with this chapter, and permanently dedicated
for active or passive recreation, wildlife habitat and visual
enjoyment. The 'open space reserve tract' shall be subject to the
following provisions:
(1) After a site is subdivided, an 'open space reserve tract' shall
be retained by the subdivider, conveyed to the homeowners'
association of the subdivision, or conveyed to a third party.
(2) The boundaries of the 'open space reserve tract' may be
altered only if the county finds that in developing adjacent tracts it
would help to further the objectives listed in WCC 20.71.350(2) by
altering the reserve tract and increasing the area of reserve
proportionately on the adjacent land being subdivided so that there
is no net reduction in reserve area.
(3) The purpose of the open space reserve tract as stated in
WCC 20.71.350(1) and (2) shall be recorded on the face of the final
plat or short plat. The number of development densities remaining
(if any) on the reserve tract, based on the gross density of the
parent parcel, shall also be recorded on the face of the final plat or
short plat. . The development rights assigned to the reserve tract
may not be transferred if the pervious surface area associated with
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit D
the reserve tract has been transferred to the other lots within the
subdivision.
(4) The above stated requirements (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
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. (Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002; Ord.
2002 -034, 2002).
20.71.400 Building setback /buffer areas.
.401 Setbacks for all properties within the overlay district shall be
as follows: Class I and Class II roads shall have a setback of 30
feet; and Class III, IV and V roads shall have a setback of 20 feet;
provided, that the road right -of -way meets the minimum standard
for road rights -of -way pursuant to the Whatcom County
Development Standards.
.402 Roof overhangs or other overhanging architectural features
shall not project further than 18 inches into the side or rear yard
setbacks. Such overhangs may extend three feet into the front yard
setback; however, in no case shall they extend more than one -half
the depth of the front yard setback. (Ord. 2003 -032 Exh. A, 2003;
Ord. 2002 -075, 2002; Ord. 2002 -034, 2002; Ord. 2001 -062 § 1,
2001; Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
20.71.600 Development criteria.
(Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002; Ord. 2002-
034, 2002; Ord. 2001 -021 § 1, 2001).
20.71.601 Parking space dimensions.
A standard parking space shall have the rectangular dimensions
of 10 feet in width and 20 feet in length; provided, however, that for
any parking area of six or more spaces, 50 percent of all spaces
may have the rectangular dimensions of eight feet in width and 15
feet in length; provided, that these spaces are marked for use by
compact automobiles. Except in single - family residential areas, all
dimensions shall be exclusive of driveways, aisles and other
circulation areas required under WCC 20.80.560 and 20.80.570.
(Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002; Ord. 2002 -034,
2002; Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
20.71.602 Parking requirements.
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit D
Parking shall conform to the requirements of WCC 20.80.500
unless otherwise specified in this section. Minimum parking
requirements may be reduced if any of the following methods are
utilized:
(1)A shared parking agreement has been filed with the zoning
administrator establishing a shared parking lot for land uses with
noncompeting hours of operation, or for multitenant retail and
commercial facilities; provided, the parking lot is not located further
than 700 feet from any of the uses it is intended to serve.
(a) Required parking in shared facilities shall be based on the
land use with the highest parking demand.
(b) Mixed use developments with similar operating hours may
be required to submit a parking demand study to determine if
parking can be combined.
(2) A 20 percent reduction may be approved if an establishment
is located within 1,000 feet of any regularly scheduled bus stop.
(3) The zoning administrator determines that a reduced
requirement will reduce overall impervious surfaces while
maintaining consistency with this chapter. (Ord. 2003 -032 Exh. A,
2003; Ord. 2002 -075, 2002; Ord. 2002 -034, 2002; Ord. 2001 -021
§ 1, 2001; Ord. 99 -086, 1999).
20.71.603 Alternative surfacing methods.
Alternative surfaces including, but not limited to: paving blocks,
bark or wood mulch, turf block, pervious concrete, porous asphalt,
and other similar approved materials are encouraged for fringe or
overflow parking areas, emergency parking areas, private roads,
fire lanes, road shoulders, bike paths, walkways, patios, driveways,
and easement service roads in residential or commercial zones
unless site constraints make use of such materials detrimental to
water quality. However, utilization of alternative surfacing methods
in commercial or public facility areas shall be subject to review and
approval by the Whatcom County public works department, fire
marshal and /or the county ADA coordinator for compliance with
other applicable regulations. (Ord. 2003 -032 Exh. A, 2003; Ord.
2002 -075, 2002; Ord. 2002 -034, 2002; Ord. 2001 -049 § 1, 2001;
Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
20.71.604 Vehicular access.
Driveways and curb cuts shall be minimized along all arterial and
collector roads. Each existing lot shall be allowed only one
driveway or curb cut; adjacent lots are encouraged to share access
points. In new developments, lots or leased sites shall be oriented
toward internal driveways, parking areas, or roads, with limited
access to arterial or collector roads. (Ord. 2003 -032 Exh. A, 2003;
File # ZON2003 -00007
Transferable Development Rights Proposed Ordinance: Exhibit D
Ord. 2002 -075, 2002; Ord. 2002 -034, 2002; Ord. 2001 -021 § 1,
2001; Ord. 99 -086, 1999).
20.71.700 Roads, curbs, gutters and sidewalks.
The intent of this section is to reduce impervious surfaces and
stormwater runoff. Innovative street sections, which do not
compromise public safety, shall be encouraged in the watershed.
Narrow streets and reduced sidewalk standards that satisfy
pedestrian and vehicular circulation requirements may be
implemented with the approval of the Whatcom County public
works department. Unless specifically required, roads shall not be
wider than the minimum applicable standard. A rural road standard
may be approved by the Whatcom County public works department
for urban density residential areas where the developer provides
adequate off - street parking and pedestrian walkways. Use of
shared parking facilities and pervious pedestrian walkways is
encouraged. (Ord. 2003 -032 Exh. A, 2003; Ord. 2002 -075, 2002;
Ord. 2002 -034, 2002; Ord. 2001 -021 § 1, 2001; Ord. 99 -086, 1999).
10
WHATCOM COUNTY PLANNING COMMISSION
FINDINGS OF FACT & REASONS FOR ACTION,
CONCLUSIONS AND RECOMMENDATIONS
Amendments to the Whatcom County Zoning Ordinance (Title 20)
Chapter 20.85 Planned Unit Development, Chapter 20.89 Density Transfer
Procedure, Chapter, 20.90 Amendments, and
Chapter 20.71 Water Resources Protection Overlay District.
WHEREAS, Proposed zoning text amendments shall be considered pursuant to WCC 20.90;
and
WHEREAS, A determination of non - significance was issued under the State Environmental
Policy Act (SEPA) on December 9, 2003; and
WHEREAS, Legal notice was published in the Bellingham Herald on November 29, 2003
and December 25, 2003; and
WHEREAS, The Whatcom County Planning Commission held two public hearings on the
subject amendments on December 11, 2003 and January 8, 2004; and considered all testimony; and
WHEREAS, The Planning Commissions evaluated the proposed amendments and
recommended approval on January 8, 2004.
NOW THEREFORE BE IT RESOLVED:
THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT &
REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATION:
FINDINGS OF FACT AND REASONS FOR ACTION
1. Notice of the Planning Commission hearing for the subject amendment was published in the
Bellingham Herald on November 29, 2003 and December 25, 2003.
2. The Whatcom County Planning Commission held two public hearings on the subject
amendments on December 11, 2003 and January 8, 2004.
3. A determination of nonsignifigance was issued on December 9, 2003, under the State
Environmental Policy Act (SEPA).
4. Development under a successful TDR program will be directed into and intensified within
Psi Planning DivisiWTDR Progaml ON2003 -00007MN2003 -00007 AR doe P. I
urban growth areas, where services can be more efficiently provided and are already present
or planned for.
5. A successful TDR program will increase densities in appropriate areas, helping to reduce
sprawl, which will help maintain the quality of life in Whatcom County.
6. The anticipated result of adopting the proposed amendments are that growth and
development will be diverted from the Lake Whatcom Watershed, and future sending areas
that could be adversely impacted by development activities.
T Revision and clarification of the TDR program is necessary to enable consistency and
reliability in the administration of the TDR program.
8. Development and maintenance of a successful Transferable Development Rights Program
will require additional monitoring and revision as the program becomes utilized more.
CONCLUSIONS AND RECOMMENDATIONS
1) The subject amendments are consistent with Growth Management Act, County Wide Planning
Policies, and Whatcom County Comprehensive Plan.
2) The proposed amendments comply with the approval criteria for amendments as stipulated in
WCC 20.90.
3) The Whatcom County Planning Commission adopts the findings and conclusions contained in
the staff report and recommends the following actions to be taken by the Whatcom County
Council:
a) Revise Whatcom County Zoning Ordinance (Title 20) Chapter 20.85, Planned Unit
Development.
b) Revise Whatcom County Zoning Ordinance (Title 20) Chapter 20.89, Density Transfer
Procedure.
c) Revise Whatcom County Zoning Ordinance (Title 20) Chapter 20.90, Amendments.
d) Revise Whatcom County Zoning Ordinance (Title 20) Chapter 20.71, Water Resource
Protection Overlay District
N2 Planning Division \TDR Progrun\ZON2003 -0OW7=142003 -00007 ARAO P. 2
WHATCOM COUNTY PLANNING COMMISSION
br1>Gr- W. Vo
Dave Pros, Chairperson Hal H. Hart, Secretary
l�?
Date Date
Vote taken January 8. 2004, at a regularly scheduled Planning Commission meeting.
Commissioners voting:
John Belisle, Rabel Budge, David Hunter, Ken Mann, Geoff Menzies, Dave Pros, Ron Roosma,
John Steensma, and Robert Wiesen.
Vote: Ayes: 9, Nays: 0, Absent: 0. Motion carried to recommend approval of the
amendments.
Attachments:
EXHIBIT A:
Proposed revisions to WCC 20.85, Planned Unit Development
EXHIBIT B:
Proposed revisions to WCC 20.89, Density Transfer Procedure
EXHIBIT C:
Proposed revisions to WCC 20.90, Amendments
EXHIBIT D:
Proposed revisions to WCC 20.71, Water Resource Protection Overlay District
I. Planning Division7DR Prosr=m ZON20034007\ZON2003A0007 ARAm P.3
RECORD OF PROCEEDINGS OF THE 1
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
Call To Order: The meeting was called to order by Whatcom County Planning Commission
Chairperson, Dave Pros, in the Planning Library at 3:05 p.m.
Roll Call: Bob Wiesen, Geoff Menzies, Ron Roosma, David Hunter, Rabat Burdge, John Belisle, Ken
Mann, and Dave Pros.
Staff Present: Sylvia Goodwin, Kraig Olason, Troy Holbrook, Becky Gamey, Michael McFarland —
Parks Department, Lynne Givler — Parks Department.
Approval of minutes
December 4, 2003 and December 11, 2003.
Wiesen moved to approve both minutes as written. Menzies seconded. Motion carried.
Open session for Public Comment
There was no public comment.
Business Meeting
Wiesen moved to change the business rules so the Chairperson and Vice - Chairperson are elected by a
majority of the Commission. Menzies seconded. Motion carried.
Election of Chairperson
Menzies nominated Pros, Burdge seconded.
Wiesen nominated Menzies, Steensma seconded.
Vote 5 to 3 for Menzies.
Menzies declined.
Roosma nominated Wiesen, Hunter seconded.
Vote 5 to 2 for Pros.
Election of Vice - Chairperson
Steensma nominated Wiesen, Menzies seconded.
Pros nominated Hunter.
Hunter declined.
Pros nominated Menzies
Menzies declined.
Vote 8 to 0 for Wiesen.
RECORD OF PROCEEDINGS OF THE 2
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
Work Session
File #CMP2002 -00026 Parks Amendments.
Kraig Olason presented the overview of proposed changes
Olason: We have a proposal from the Parks Department. We want to provide you with a general
overview of their proposal. The public hearing for this will be on February 12'". The proposal calls for a
broadening of the types of uses in the various zoning districts. We also have some issues we will be
needing to resolve. We need to look at what is appropriate in each zone. The plan attempts to provide a
more consistent, logical set of allowable uses per zoning district. We have also added several clarifying
definitions, which you will see as we go through this. It also attempts to more fully integrate the Parks
Department Comprehensive Plan and the Whatcom County Comprehensive Plan into the zoning code
as it relates to parks. The proposal seeks some uses as outright permitted uses where the Planning
Department recommends a more formal review, either administrative or conditional. I provided you with
an issue paper that summarizes the trail questions. Trails often cross several jurisdictions and it is often
beyond the scope of the zoning code.
What the Planning Department wanted to do was make sure we had a formal public process for
proposed uses and they may require special conditions to be compatible with adjacent uses. We also
attempted to clarify areas that are general and too vague. We added use types in an attempt to
incorporate the intentions of the Parks Comp Plan and the County Comp Plans into Title 20. We are
trying to encourage public recreation sites to be identified as some form of park rather than publicly
owned land.
Belisle in attendance at 3:29 p.m.
McFarland: There are some differences of opinion in terms of what is needed and how the process
should work. We have raised a number of questions in terms of the practicality of going through this,
particularly when you have corridor trails that stretch across private property, public agencies, etc. and
we have the role of coordinator. We want the final product to be usable and workable for both the public
and the Parks Department.
Givler: Trails is the area we have some disagreement on. When we first submitted this we were hoping
to have trails outright permitted in any zone. As a compromise we came to an idea of if there is a
parking lot created with a trail system that accommodates more than 10 cars then there would be a
conditional use permit. Planning staff recommended that a different type of trail get identified. Any type
one trail would require a conditional use permit. An example of how this could get difficult is the Bay to
Baker Trail. We have a whole section that we outright own from Maple Falls to Glacier. Part of the trail
is already used and other parts need to be developed more. If a conditional use is required for the
entire 74 mile length who takes the lead on it?
McFarland: It's difficult to categorize parks because in time they change, as do trails, which are
sometimes used as transportation corridors under federal guidelines.
Hunter: Is your concern, regarding the Bay to Baker Trail, that you foresee you would be required, each
time a new section of trail is proposed, to get a conditional use permit piece by piece?
Givler: It would be required for the entire length, but we don't own a lot of it. It a section is already being
used as a trail would we have to get a conditional use permit? It's not clear.
RECORD OF PROCEEDINGS OF THE 3
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
Hunter: My understanding is it's a very flexible system. I can conceive of a conditional use permit for
the whole 74 miles without any idea of they were but requires some sort of passing by whatever body
would be making the decision for each section it obtained. I'm not sure that the conditional use
requirement creates an additional burden or expense.
Olason: The first option, outlined in the plan, is outright permitted trails. The third option is the Parks
Department conducts their own process where they would have to have a public process as part of
establishing the trail project. This would give the public an opportunity to provide feedback. The issue of
how we develop and design trails is beyond Title 20. Is it transportation or recreation? Who is going to
do it? I have talked to other counties and generally trails are driven by where the funds come from.
Another issue is what is the intent of the trail? Some of these land use issues are going to become
Parks issues.
Roosma: What about an option four of just having a conditional use permit on parcels that could be
contested? If the people don't care about the trail going through then no conditional use permit would
be required.
Olason: That is kind of what we did. Type one trails are the only ones that require a conditional use
permit. These are cross - country routes.
Roosma: Would easements be required?
Olason: Yes.
Hunter: Should there be review if a trail is going down a railroad right -of -way, past someone's property,
and should it be a conditional use process or a lesser public process?
Menzies: Why did you choose ten vehicle parking lots?
Givler: We wanted trails outright permitted and this was a compromise because more vehicles would
have a greater impact than one that had only a few vehicles.
Belisle: What if 20 vehicles wanted to use it? Then you would have to look at that issue.
Wiesen: Don't some of the rights to railroad right -of -ways go back to the previous landowners? They
are a contentious issue.
McFarland: They are extremely complex.
Olason: If a trail corridor is identified in the Comprehensive Plan than it's a pretty solid basis for
approval of a conditional use permit. The question is what sort of conditions should be placed on it?
Pros: What changes are you proposing to campgrounds?
Olason: I have added language that makes campground a more generic term.
Pros: Is there any recourse for the people who live around them?
Olason: There is the conditional use permit process they can go through.
Givler: One of the things we disagree with regarding campgrounds in the rural area is staff wants only
primitive and tent camping permitted. We think the multi -use campgrounds should be permitted also.
RECORD OF PROCEEDINGS OF THE 4
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
Wiesen: What is the situation on the Nesset Farm?
Givler: There is a long list of things that need worked out.
The work session was closed.
Public Hearing
File #ZON2003 -00007 Transfer of Development Rights (TDR's) amendments.
Troy Holbrook presented the staff report.
Holbrook: The amendments are intended to facilitate the TDR Program. Clarify language, provide
consistency within the code, establish the framework for a TDR bank, and address some procedural
issues that were brought to light during our first successful development rights transfer.
Exhibit 1
Chapter 20.85 Planned Unit Development
Presently you may utilize the density bonus provisions within this section to increase density without
being required to use TDR's. One of the main reasons that TDR programs do not work well is that there
are alternative ways to increase density rather than use TDR's. The proposed language requires that
TDR's be utilized prior to utilizing the other provisions in the PUD. In the URMX zone you use TDR's to
get the density up to 10 units per acre and then you can utilize the provisions in the PUD section.
Belisle: What is the rational for this?
Holbrook: It's required to use TDR's to increase density in a receiving area, this will allow the density to
go above 10 units.
Belisle: How beneficial is it to the community?
Holbrook: It varies by project.
Mann: Is there any concern by requiring TDR's as a precursor to the cluster bonuses that people will
forego any density increases because they don't want to deal with TDR's?
Holbrook: We eliminated the cluster provision from the receiving area in the URM area. There has been
difficulty in achieving minimum density. What developers have done in the past is utilize the PUD
process to increase density and not use the TDR process.
Menzies: Maybe the assumption is this is not an attractive program so we are requiring this to make
people density.
Holbrook: The program hasn't been utilized yet so there's no track record or confidence in the program.
Exhibit 4
Chapter 20.71 Water Resource Protection Overlay District
This language is proposed due to a loophole that came to light with the recent TDR sales. Under the
current code it's possible to transfer development rights by transferring the impervious surface
RECORD OF PROCEEDINGS OF THE 5
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
associated with the development rights to lots created in a cluster subdivision. Since the development
right is assigned to a reserve tract the development right is retired and should not be transferred.
Exhibit 3
Chapter 20.90 Amendments
This is tied to the recommegdation you recently passed. You recommended approval of site- specfc
rezones in the Bellingham UGA. With part of the site - specific rezone is the requirement to use TDR's to
achieve the desired density. We took the existing language in the density transfer section and put it in
this section to be more customer friendly.
Exhibit 2
Chapter 20.89 Density Transfer Procedure
.023 The proposed language would allow development rights to be transferred into cities.
.025 This provides wording for in lieu payments so there is certainty that a project can move forward.
It's tied to the development rights bank. The process and procedures will be developed by the oversight
committee at a later date.
Belisle: Do we have different TDR prices?
Holbrook: We are recommending an oversight committee to look into that.
Belisle: Do other communities have different prices in different areas of land?
Holbrook: Not that I'm aware of.
Goodwin: That is one option we can look at.
.032 & .033 It's possible to transfer development rights from a sending area parcel when development
rights have previously been restricted. Development rights could be restricted through conservation
easements, transfer of impervious surface, or some other mechanism. This language provides for code
consistency and makes it clear development rights can't be transferred if the development right has
previously been encumbered in any way.
Pros: Is that done through a title search?
Holbrook: Yes.
.062 Develop rights can be transferred to an individual who can hold them indefinitely without being
transferred to a receiving parcel at this time. Currently intermediate transfers can take place without
recording a deed of transfer or deed restriction on the sending parcel. We took existing language and
put it in here. This now requires execution and recording of the deed of transfer and deed restriction on
the property.
.064 Requires a title report no more than 30 days old.
Pros: Why wouldn't you require a search no more than 24 hours old?
Holbrook: Time wise it's difficult. With plats they require a 30 day title report
RECORD OF PROCEEDINGS OF THE 8
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
Pros: I would recommend you think about changing that.
.080 This establishes the framework for a development rights bank. An oversight committee will be
established that will make recommendations to the County Council on policies and procedures
regarding how the bank will function and how TDR transactions will function, including the in lieu
payments. A development rights bank would not preclude private transactions.
These amendments are consistent with the Growth Management Act, the Whatcom County
Comprehensive Plan, they provide consistency and clarity within the code, and help facilitate the TDR
program.
Burdge: At least one member of the Planning Commission should be on the oversight committee.
The hearing was opened to the public.
Mary Dickinson, BIAWC, 3323 Northwest Ave, Bellingham: Any TDR program Whatcom County adopts
will impact our members. While we recognize that TDR's can be a technique to increase density we
would like to remind the County that they are only one tool. TDR's should not be looked upon as the
permanent remedy for all land use decisions, nor should TDR's be viewed as the sole compensation
technique for a property owner who is downzoned. In regards to the County's staff report and proposed
language in the code, we have four points of concern that merits further discussion before a decision is
made. Our greatest concern at this time is the valuation of TDR's. We recognize and respect that the
County is attempting to remedy the fact that there is initially no real way to value them. We respectfully
request that the County allow the market to gradually determine the price of TDR's rather than the
County itself. We respect that the County was attempting to determine a price for TDR's via the
proposed oversight committee but we have a concern with the County body determining the price.
Because it's a government entity choosing the price it leaves open the concern that decisions of price
could be arbitrary and capricious. There is also concern that by setting an arbitrary price TDR's could
adversely affect all land prices in the county making the government, in effect, the areas preeminent
land speculator. The second concern is the TDR development rights bank. If the bank is not operated
properly TDR's or in lieu payments will just be another fee that a builder has to pay thus passing on the
price to the customer and increasing the price of a new home in the county. Along those same lines we
are concerned that TDR's will become a fee and not a tool for increasing density. We understand that
TDR's are a tool to increase density but we object to the County not offering a great deal of flexibility
and requiring TDR's to increase density, especially in the UGA. Another concern, expressed by our
members, is requiring the use of TDR's to expand the County's UGA. By requiring TDR's and placing
restrictions on UGA's proper density may not be achievable in appropriate areas which frustrates the
purpose of the Washington State GMA. A builder or developer may not be able to afford a TDR in the
UGA due to the uncertainty in price and they may not be able to build a project that would increase
density due to the purchase of TDR requirements in order to extend municipal water and sewer
services and choose to go elsewhere. We believe that TDR's can be a useful tool but they should be
voluntary and not mandated and valuations must be sensitive to market conditions. Otherwise TDR's
are viewed as simply another fee that applicants must bear increasing the cost of building projects and
won't be used. We would appreciate the opportunity to work with the Planning Commission and County
staff to refine the proposed program to make it as useful as possible for our community.
Peter Watts, Evergreen View Ventures, 2154 North Shore Rd., Bellingham: I support the staff report. I
have made comments to you before on several occasions stating that you have to start somewhere.
The staff report is well thought out. It addresses concerns of the people involved in the process. The
Planning Commission needs to move this forward. In terms of the valuation I have said before I would
sell 25 at $5,000 each and I will increase this to 50. 1 will put them in the bank. Over a period of time the
valuations will change due to what happens in the market.
RECORD OF PROCEEDINGS OF THE 7
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
Steensma: Do you think staff has plugged all the loopholes?
Watts: Yes. If I have any area of concern it would be the oversight committee needs to be a very
transparent process.
Wiesen: If you had a project would you buy TDR's for $5,000?
Watts: Yes, based on what's happening in the receiving area.
Burdge: (to Mary Dickinson) Are you implying we would set a price based on a case by case basis?
Dickinson: Yes and no. It's a complicated process. There is a concern that if TDR's are sold for $5,000
most of my members will choose not to use them. They won't be able to afford to build then you won't
increase your density. Eventually the market will set the value. Don't just arbitrarily start picking
numbers. There won't be any equity in the market.
Burdge: You want this to be voluntary. Doesn't that affect our overall goal of the program?
Dickinson: There are some people who will choose to sell for whatever reasons. It's not likely a lot of
builders will choose to use them until they are proven to work.
Menzies: I find it hard to believe the added expense can't be recovered.
Dickinson: There is concern in the affordable housing arena. The cost will be passed on to the
customer.
Bob Tull, 709 Dupont St., Bellingham: This is a step in the right direction. Regarding section .018, in the
PUD section, the question is whether or not the TDR is more important than the other elements? Would
the County prefer to see one of the other things emphasized? The trouble with the proposal is that it
automatically makes this the first priority. They should be mixed. You may want to add more bonuses.
This will become more complicated when you start looking at the ratios in each receiving zone. Perhaps
a more generic standard could be utilized. I think the market will set the price. The question came up
earlier regarding the title report. The staff isn't going to guarantee the purchaser clear title. They will
only certify the TDR's. It's up to the buyer and seller to work out. The staff will not conduct the closing.
Wiesen: Has the City of Bellingham certified a group of development rights?
Tull: They don't have a receiving zone in the city.
Roosma: Have you seen, in other areas, the buying up of large development rights by cities? I would
like to see it be more private.
Holbrook: Yes. Public entities have bought large parcels and funded their TDR bank to get it started.
Hunter: I'm concerned about the committee establishing prices. Don't you think the market will be the
prime factor in determining the prices?
Tull: The committee will only recommend a process to the Council. They won't set the price.
Jack Petree, 2955 Sunset, Bellingham: The whole point of a PUD is for the government authorities to
work with the owners to design the PUD so it works best for everyone. You need to be cautious in
restricting what people can do. Another potential problem is that a lot of land zoned for a particular
RECORD OF PROCEEDINGS OF THE 8
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 8 2004
amount, once you start planning it, can only accepting maybe only one more unit. What happens if you
have to use a TDR to get the one more unit? You loose it. There is a disdain to the cost of TDR when it
comes to affordable housing.
Mann: Regarding affordable housing since you are increasing the number of units available wouldn't
the law of supply and demand factor into it?
Petree: If the market can handle it yes, but what if the market won't?
The public testimony was closed.
Work Session
Pros: With TDR's it the desire to increase density in the UGA's or is it trying to accommodate the
transfer of rights?
Holbrook: There are several goals. The primary one is to get the density out of the watershed. It also
helps increase density in the UGA.
Pros: The Comp Plans says the cities are supposed to grow in their boundaries prior to going outside of
them so I would say one of the lacking parts of the TDR program is the cities not having receiving
areas.
Holbrook: The City of Bellingham is looking at that.
Pros: Is there a statement that we would want to encourage the cities to create receiving areas?
Goodwin: There is a statement saying that areas can be designated within the cites. We need to
encourage that.
Wiesen: If the UGA doesn't develop at the density we want then we loose that also.
Hunter: It has been stated that focusing on TDR's takes away opportunities for increased density in
certain situations. I'm not convinced of that. Do you have any reaction to that?
Holbrook: If you look at the URMX zoning, as it is now, you are required to buy TDR's for the first two
development rights. The rest is the same as what is required in the PUD. That was never utilized.
Another increased bonus to a developer is you can reduce lot size, street width, sidewalks, etc.
Hunter moved to accept the staff report. Menzies seconded.
Wiesen: Will the oversight committee have the ability to make this program work?
Goodwin: If there are amendments we can bring them back to you.
Roll call vote: Ayes — Belisle, Burdge, Hunter, Mann, Menzies, Pros, Roosma, Steensma,
Wiesen; Nays — 0; Abstain — 0; Absent — 0. Motion carried.
The meeting was adjourned at 5:35 p.m.
Dinner Recess