HomeMy WebLinkAboutord2003-033SPONSORED BY: Consent
PROPOSED BY: McShane
INTRODUCTION DATE: May 6, 2003
ORDINANCE # 2003 -033
TEMPORARILY AMENDING THE EXEMPTION PROVISIONS OF TITLE 21
LAND DIVISION REGULATIONS
WHEREAS, the County Council adopted Title 21 Land Division Regulations,
which became effective in 2001, governing land divisions within unincorporated areas of
Whatcom County; and
WHEREAS, provisions were included to exempt certain land divisions from the
standard short plat and subdivision process, such as WCC 21.03.020(4) road frontage
exemption and WCC 21.03.020(6) gift exemption; and
WHEREAS, from 1979 to 2000, gift exemptions were allowed, but there was a
restriction that a family member who received the gift parcel could not sell or transfer it
for five years (unless the parcel went through the subdivision procedure); and
WHEREAS, the dropping of the five year prohibition on selling gifted parcels
has allowed the circumventing of standard land division regulations by giving a gift of
land and then selling it immediately; and
WHEREAS, the circumventing of standard land division regulations is not
equitable compared with those who divide their land in a manner consistent with good
planning and development policies; and
WHEREAS, non standard Ind divisions allow for the circumventing of County
land use policies and may create lots that are poorly suitable for building; and
WHEREAS, current gift exemption and road frontage exemption rules may allow
the creation of parcels without assurance of having safe access to and from the lots,
potable water, or wetlands delineated; and
WHEREAS the Planning Enabling Act, RCW 36.70.795, and RCW 36.70A.390,
allow for the adoption of interim official controls for six month periods of time; and
WHEREAS, the SEPA official issued a Determination of Non - Significance on
July 26, 1999; and
WHEREAS, on May 6, 2003, the SEPA official determined that no significant
adverse environmental impacts are likely to result from the adoption of this proposed
ordinance with the understanding that any future "actions" associated with this ordinance
(e.g., adoption of recommendations made by the Technical Advisory Committee or
Planning Commission) shall require additional SEPA review; and
WHEREAS, legal notice was published in the Bellingham Herald; and
WHEREAS a public hearing was held on May 20, 2003, at which the County Council
received testimony and conducted deliberations, and the County Council made the following
findings of fact:
1. The current gift and road frontage exemptions may allow for the creation of parcels
without adequate assurance of having safe access to and from the lots, potable water, or
wetlands delineated, therefore the interim removal of the exemptions is necessary for the
protection of the public health, safety, and welfare of the community.
2. The Whatcom County Council desires an opportunity to further study and review these
exemptions from Title 21 with an aim to permanently address these health, safety,
planning and environmental concerns.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that:
Section 1. The text of the Whatcom County Land Division Regulations (Title 21) is
temporarily amended as outlined in Exhibit A to this ordinance.
Section 2. The County Council requests that the Technical Advisory Committee review
the following sections of Title 21 within 180 days of adoption of this ordinance and
forward their recommendations to the Planning Commission:
A. Whatcom County Code 21.030.02 (4) and (6) exemptions to land division in
consideration of comprehensive planning goals and policies
B. Short plat road frontage requirements (WCC 21.04.060) including impact fees
to be developed per action item #7 in the Transportation Chapter of the Whatcom
County Comprehensive Plan.
C. Threatened and endangered species criteria in subdivision approval criteria per
action item # 56 in the Environmental Chapter of the Whatcom County
Comprehensive Plan.
D. Recent state laws effecting land division regulations including but not limited
to laws regarding leasing land for wireless communication and multiple wells.
E. Short plat process for creating lots of five acres or larger
Section 3. This ordinance shall be effective not longer than six months and shall expire
on the 18 15` day following the date the ordinance becomes law.
Section 4. Adjudication of invalidity of any 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 declared invalid.
ADOPTED this 20 day of May , 2003.
_ WHATCOM COUNTY COUNCIL
i -- ATCOM COUNTY ASHINGTON
(AlLiLll��a
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Dana rown- Davis, Clerk of the Council Dan McShane, Chairperson
PROVED AS TO FORM:
Al� i6"V-
Civi] Neputy Prosecutor
}Ai ved) ODenied
'-Pete *emen, Executive
Date: v"-o2 / -03
EXHIBIT A
Temporarily amend WCC 21.03.020 by removing the following sections:
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