HomeMy WebLinkAboutord2003-0584VTT4TCDA4C0TINTYC/TUNCIT. AGENDA BILL
NO. 2003 - 175 A
CLEARANCES Date Date Received in Council Once Agenda Date Assigned To
Orig. Dept.. County Council
10/21/2003
n 2 E p A \V/ n
If-11 IS 11
OCT 21 2003
WHATCOM COUNTY
COUNCIL
11/52003
Introduction
Division Head
Dept. Head
Prosecutor'
103
Budget.
Executive:
SUBJECT.
Ordinance temporarily amending Title 21 - Land Division Regulations
ATTACHMENTS
SUMMARYSTATEMENT.
Related County Contact 4 Should The Clerk schedule a heannio (AN) Y Requested Date
Ordinance temporarily amending the exemption provisions of title 21, land Division Regulations with regard to Gift
Exemptions.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2003 -175A 111512003: Introduced
111182003: Adopted 4 -3, Brenner, Crawford, Nelson
opposed, Ord! . #2003 -058
Related File Numbers:
AB2003 -175
Ordinance or Resolution Number (this item only):
qZD * 2CW- 053
SPONSORED BY: Consent
PROPOSED BY: McShane
INTRODUCTION DATE: November 5, 2003
ORDINANCE It 2003 -058
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 the 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 land 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 Commission 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 November 18, 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 of 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. This ordinance shall be effective not longer than six months and shall expire
on the 18161 day following the date the ordinance becomes law.
Section 3. 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 181h day of Nov , 2003.
Dana
APP /P OVED AS TO FORM:
Civil Douty Prosecutor
WHATCOM COUNTY COUNCIL
WJIATCOM CONYTY, WASHINGTON
Dan McShane, Chairperson
�pro4d O Denied
Pete Kremen, Executive
Date: November 20, 2003
EXHIBIT A
Temporarily amend WCC 21.03.020 by removing the following sections: