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HomeMy WebLinkAboutord2002-055Ai' CAM A an 7 NO. 2002-282 rrnn3 wevl �.v 'NII �. CLEARANCES Date Date Received In Council Office Agenda Date AssignolTo Ong Dept County Council 7/1612002 E JUL 16 2002 WHATCOM COUNTY COUNCIL 713W002 Introduction 9/10 Division Head Dept. Head: Prosecutor: Budget. Executive SUBJECT. Ordinance amending Whatcom County Code 20.83.070 - Lot Consolidation ATTACHMENTS Exhibit A SUMMARYSTATEMENT: Settled County Contract 4 Should the Clerk schedule a hearing? (YN Y Requested Date'. 8113/2002 Ordinance amending Whatcom County Code Section 20.83.070 - Lot Consolidation RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2002 -262 7/30/2002: Introduced 811312002. New version introduced 9110/2002'. Adopted 7 -0, Ord.M2002 -055 Related File Numbers: Ordinance or Resolution Number (this item only): MJ) 0 2002 -OSS SPONSORED BY: Consent PROPOSED BY: McShane INTRODUCTION DATE: 7/30/02 ORDINANCE # 2002 -055 AN INTERIM ORDINANCE AMENDING WCC, TITLE 20, SECTION 20.83.070 LOT CONSOLIDATION WHEREAS, some of the existing lots within the Bellingham Urban Growth Area in the Lake Whatcom watershed were affected by interim zoning changes from UR3 to R2A; and WHEREAS, some of these existing lots were created prior to 1955 and are therefore subject to lot consolidation; and WHEREAS, some of the existing lots are likely to have public water and sewer service available within a reasonable time frame; and WHEREAS, owners of such lots therefore had a reasonable expectation to be able to develop said lots; and WHEREAS, the Whatcom County Council does not want to place an undue burden on property owners that had reasonable expectations that they would be able to develop lots within the next few years; and WHEREAS, lot consolidation relief provisions are intended to provide relief from unreasonable burdens on affected properties; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 permit the adoption of interim official controls so long as a public hearing is held within 60 days of adoption; and WHEREAS, the Whatcom County held a public hearing on this issue on September 10, 2002; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action, the Council makes the following findings of fact: 1. The Whatcom County Council adopted interim zoning map amendments within the Lake Whatcom Watershed on June 18, 2002 which changed the zoning within the Bellingham urban growth area from UR3 to R2A. 2. The interim zoning ordinance amending WCC Title 20 is necessary to alleviate undue burdens imposed upon property owners within the Lake Whatcom watershed in the Bellingham UGA that had reasonable expectations to develop their property. 3. The Whatcom County SEPA Official issued a Determination of Non - Significance on August 23, 2002. 4. The Whatcom County Council desires the opportunity to review existing development codes and regulations to permanently address these concerns. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 20, is hereby amended as indicated in Exhibit A to this Ordinance. BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW 36.70.795, that this ordinance shall be effective for not longer than 6 months following its effective date, but may be renewed for one or more 6 -month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. ADOPTED this 10 day of Sept., 2002. za Dana Brown - Davis, Clerk of the Council APPROVED AS TO FORM: Amfl C Dave Grant, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL �WHATCOM COUNTY, WASHINGTON L. Ward Nelson, hflirperson ( pproved Zl�_ enied � remen, Executive Date: / 15 ^00)- EXHIBIT A 20.83.070 Lot consolidation. .071 The following formula shall be used to determine the maximum number of lots which shall be permitted by the consolidation of substandard lots. This formula is not applicable to satisfy the requirements of Chapter 20.89 WCC. The total area of all lots subject to lot consolidation under this section shall be added together and the sum divided by the minimum noncluster lot size for the zoning district. The whole number quotient shall be the maximum number of lots; provided, that an additional lot shall be allowed if the quotient contains a fraction of .5 or more; and provided further, that the number of lots shall not exceed the original number of lots. Parcels recognized as permitted lots under this subsection are not required to obtain administrative approval under WCC 20.83.072. .072 Any owner of lots subject to consolidation hereunder may apply for administrative approval for relief from the provisions of WCC 20.83.070 on the grounds that such requirements place an unreasonable burden upon the property affected. In evaluating such a claim, the zoning administrator shall grant consolidation relief if all of the following circumstances apply: (1) That each lot has a water and sewer service from a public provider or an on -site water and sewage disposal system approved by the Whatcom County department of health and human services. (2) That each lot has a building site, exclusive of building setbacks, at least 40 feet wide and 40 feet deep, which is not located within the Lake Whatcom watershed (excel)t as otherwise provided in subsection 5 below) or other water protection overlay district, a designated critical area, or an area zoned agriculture, rural forestry or commercial forestry. (3) That each lot has legal and physical access to a public or private road improved to county road standards. (4) The proposed consolidation relief meets the approval criteria of WCC 20.84.220(3) through (8). WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 File: SEP2002 -00158 xoom coo 3 +° �; Hal H. Hart, A.I.C.P. -` ;liJ Director i Roland Middleton, A.I.C.P. kq NiNGter Land Use Division Manager DETERMINATION OF NONSIGNIFICANCE Project Description: Adoption of amendments to Whatcom County Code Title 2083.070 Date: 8/23/02 Signature: Lot Consolidation. Proponent: Whatcom County Council Location: Planned Action Whatcom County, WA Lead Agency: Whatcom County Land Use Division The lead agency for this proposal has determined that in consideration of the provisions and requirements of WAC 197 -11 -060 and -776 (Phased review), no significant adverse environmental impacts are likely. Pursuant to RCW 43.21 C.030(2)(c), an environmental impact statement (EIS), is not required at this time. This decision was made following review of a completed SEPA environmental checklist and other information on file with the lead agency. This information is available to the public on request. Pursuant to WAC 197 -11- 340(2), the lead agency will not act on this proposal for 14 days from the date of issuance indicated below. Comments must be received by 9/6102. Responsible Official: John Guenther Title: SEPAOfficial Telephone: (360) 676 -6907 Address: 5280 Northwest Drive Bell ha WA Date: 8/23/02 Signature: An aggrieved agency or person may appeal 1Nis determination to the Whatcom County Hearing Examiner. Application for appeal must be filed on a form provided by the Whatcom County Land Use Division located at 5280 Northwest Drive, Bellingham, WA 98226, no later than the end of the business day on 9/16/02. You should be prepared to make a specific factual objection. Contact Whatcom County Land Use Division for information about the procedures for SEPA appeals. AUG 2 3 2912 y'JNuI ,t, x344 COUNCIL H \2002 SEPAONS62.158 dnedoc Tel Fax. (360) 738-2493 WHATCOM COUNTY (16.08) STATE ENVIRONMENTAL POLICY ACT ENVIRONMENTAL CHECKLIST I^N A. BACKGROUND �` oZ 1. Name of proposed project: Ordinance amending Whatcom County Code 20.83.070, Lot Consolidation. 2. Name of applicant: Dana Brown - Davis. Clerk of the Council Telephone: 50739 3. Address: 311 Grand Avenue. Suite #105 Contact: Dana Brown -Davis or Dan McShane Telephone: 50739 (Dana) 50737 (Dan) 4. Date checklist prepared: 7/22/2002 5. Agency requesting checklist: Whatcom County Council 6. Proposed timing or schedule (including phasing, if applicable): Ordinance introduction on July 30 2002. Public hearing and adoption of ordinance on August 13, 2002. 7. Do you have any plans for future additions, expansion, orfurther activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information (studies, reports, etc.) you know about that has been prepared, or will be prepared, directly related to this proposal. There are numerous studies on Lake Whatcom that are referenced in the Lake Whatcom Management Plan: however, none are directly related to this proposed amendment. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Individual development permits within the Lake Whatcom Watershed are pending. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Include Federal, State, City, County, and local districts or regional offices. Adoption by County Council and for a portion of the area, adoption by the Bellingham City Council. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (You may attach a page if this space is not adequate.) The proposal is intended to provide relief to owners of existing ,_._.,,_..._._...,.,.%.. _..,I..__.lI%._.,. 1.Ib . ............_.,......,..... .. lol� 12. Location of the Proposal: Lake Whatcom Watershed TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 2 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one): Flat, rolling hilly, steep slopes, mountainous, other: Any of the above may be found. The Lake Whatcom Watershed contains a wide range of terrain. b. What is the steepest slope on the site (approximate percent slope)? The steepest slopes in the Lake Whatcom Watershed exceed 35 %. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The Lake Whatcom Watershed contains a wide range of soil types. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Yes the watershed contains steep slopes, alluvial fan hazard areas, and mine hazard areas. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. None proposed. I. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N.A. Non-pro act proposal. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N.A. Non-pro act '✓ proposal. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Whatcom County land use and development standards will be maintained. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. None. b. Are there any off -site sources of emissions or odors that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Whatcom County land use and development standards will be maintained. 3. WATER a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes. Lake Whatcom, Lake Louise, Carpenter Creek, Austin Creek. Beaver Creek, Olsen Creek, Brannian Creek, Anderson Creek, Fir Creek. etc. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 3 AGENCY USE ONLY 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No non-pro act proposal. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N.A. Non- pro lact proposal. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. N.A. Non-pro act proposal. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 11 Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of houses to be served (if applicable), or the number of animals or humans the systems) are expected to serve. N.A. Non - oroiect Proposal. C. Water Runoff (including storm water): I Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N.A. Non-pro act proposal. 2) Could waste materials enter ground or surface waters? If so, generally describe. No, non-pro act proposal. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: W hatcom County land use and development regulations will be maintained, and the Proposal is intended to reduce and control potential water impacts. 4. PLANTS a. Check or circle types of vegetation found on the site: Any of the following maybe found. x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grass x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other x water plants: millfoil, other x other types of vegetation TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 4 AGENCY USE ONLY L. What kind and amount of vegetation will be removed or altered? None. c, List threatened or endangered species known to be on or near the site. Unknown. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None proposed. 5. ANIMALS a. Circle any birds and animals which have been observed on or nearthe site or are known to be on or near the site: Any of the following may be found. birds: raptors, ducks, geese, songbirds, other: mammals: deer, beaver, other: fish: salmon, trout, other amphibians b. List any threatened or endangered species known to be on or near the site. Bald eagles are known to have nest territories within the subject area. C. Is the site part of a migration route? If so, explain. Pacific flyway. d. Proposed measures to preserve or enhance wildlife, if any: The provisions of the W hatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 6. ENERGY AND NATURAL RESOURCES a. What kind of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None non - project proposal. b. Would your project affect the potential use of solar energy by adjacent properties? - If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: W hatcom County land use and development regulations will be maintained. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemica- Is, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required? N.A. 2) Proposed measures to reduce or control environmental health hazards, if any: None Proposed, non - project proposal. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 5 AGENCY USE ONLY 2) What types and levels of noise would be created by or associated with the project on a short-term or long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. None. 2) Proposed measures to reduce or control noise impacts, if any: N.A. Non- pro act proposal. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Land uses within the watershed include residential commercial public service, utility, etc. b. Has the site been used for agriculture? If so, describe. Some parcels within the watershed are or have been used for agriculture. G. Describe any structures on the site. Structures within the watershed include: residential with appurtenant structures commercial multi - family, public, utility, etc. d. Will any structures be demolished? If so, what? No, non - project proposal. e. What is the current zoning classification of the site? Zoning designations include: Commercial Forestry (CF). Rural Forestry MR. Recreation /Open Space (ROS), / Rural 1 unit/5 acres (R5A) Rural 1 unit/2 acres (R2A) Rural Residential 1 �../ unit/acre (RR1) Rural Residential 2 units /acre (RR2). Urban Residential 3 units /acre (UR3) Urban Residential Medium 12 units /acre (URM12). Neighborhood Commercial (NC) and Resort Commercial (RC). f. What is the current comprehensive plan designation of the site? Comprehensive Plan designations include: Commercial Forestry, Rural Forestry, Mineral Resource Lands Public/Recreation Rural Suburban Enclave Resort/Recreational Subdivision. and Urban Growth Area. g. If applicable, what is the current shoreline master program designation of the site? Shoreline designations include: Natural Conservancy, Rural. Urban. and Aquatic. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. The entire Lake Whatcom Watershed is designated as a Water Resource Protection Overlay District, Stormwater Special District. a Water Resource Special Management Area and a Special Study Area. I. Approximately how many people would reside or work in the completed project? N.A. Non- oroiect proposal. j. Approximately how many people would the completed project displace? None non - protect proposal. k. Proposed measures to avoid or reduce displacement impacts, if any: None proposed non - project proposal. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Whatcom County land use and development regulations will be maintained, as well as the provisions of the Whatcom County Comprehensive Plan. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 6 AGENCY USE ONLY 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. No existing housing units would be eliminated The Proposal would Provide relief to owners of Property subject to lot consolidation If said property is likely to have public water and sewer service within a reasonable time frame development will be allowed as outlined in the Proposal. C. Proposed measures to reduce or control housing impacts, if any: None proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N.A. b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measures to reduce or control aesthetic impacts, if any: N.A. None proposed. 11. LIGHT AND GLARE a. What types of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: N.A. None proposed. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Boating, skiing fishing swimming biking hiking Lakewood. Firwood. County parks, etc. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreat- ion opportunities to be provided by the project or applicant, if any: N.A. None proposed. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. Unknown. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 7 AGENCY USE ONLY b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Unknown. G . Proposed measures to reduce or control impacts, if any: N.A. None proposed. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on -site plans, if any. N.A. Non- pro l act proposal. C. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes portions of the watershed are served by public transit. c. How many parking spaces would the completed project have? How manywould the project eliminate? None. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No non-pro act proposal. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N.A. E How many vehiculartrips per daywould be generated bythe completed project? If known, indicate when peak volumes would occur. None non-pro act proposal. `lam g. Proposed measures to reduce or control transportation impacts, if any: N.A. Non - prolect proposal. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services(forexample: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. N.A. Non-pro act proposal. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Any of these may be found within the watershed. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None proposed, non-protect proposal. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision_ Signatur l Date Submitted: J29J a�� own - Davis, Clerk o the6 until ��- 111111 TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 8 AGENCY USE ONLY WHATCOM COUNTY ENVIRONMENTAL POLICY ADMINISTRATION PART D ENVIRONMENTAL CHECKLIST TO BE COMPLETED BY APPLICANT D. SUPPLEMENTAL SHEET FOR NON - PROJECT ACTIONS Because these questions are very general, it maybe helpful to read them in conjunction with the list of the elements ofthe environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond brieflyand in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal will not result in an increase in anytoxic discharges or emissions nor will it require the production storage or release of hazardous substances or noise. Proposed measures to avoid or reduce such increases are: Whatcom County land use and development regulations will be maintained. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Proposal will not be likely to affect plants animals fish or marine life in the watershed. Proposed measures to protect or conserve plants, animals, fish, or marine life are: The provisions of the Whatcom County land use and development standards including the Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 3. How would the proposal be likely to deplete energy or natural resources? The proposal will not result in the depletion of energy or natural resources. Proposed measures to protect or conserve energy and natural resources are The proposal maintains Whatcom County development regulations including those that protect or conserve energy and natural resources. EVALUATION FOR AGENCY USE ONLY TO BE COMPLETED BY APPLICANTEVALUATION FOR Page 9AGENCY USE ONLY 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Proposal is not anticipated to have any adverse impacts upon environmentally sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: The provisions of the Whatcom County land use and development standards including the Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal will not allow or encourage land or shoreline uses incompatible with existing plans Proposed measures to avoid or reduce shoreline and land use impacts are: The provisions of the Whatcom County land use and development standards including the Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? It is not anticipated that the proposed amendment would increase demands on transportation or public services and utilities Proposed measures to reduce or respond to such demand(s) are: None Proposed Non-pro act proposal 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. None identified.