HomeMy WebLinkAboutord2000-005WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2000 -043
CLEARANCES
Initial
Date
Dane Received in Council Office
Agenda Dare
Assigned to:
Origlmwor:
1 -11 -2000
S via Goodwin
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Introduction
Divawn Hood:
Sylvia Goodwin
1/25/00
P & D / Council
Hart Head:
l a�3o
&in
Sam Ilion.
JAN 0 4 2000
Prosecutr
Dave Grant
WHATCOM COUNTY
COUNCIL
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SUBJECT:
Reconsideration of the Ordinance Revising Procedures for Transferring Development Rights and designating the
Lake Whatcom Watershed as a TDR sending area.
AI IACHMEN1,5:
Proposed Substitute Ordinance
Planning Commission minutes from March 16, 1999
Sudden Valley Community Association Density Reduction Plan
SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( X ) Yes ( ) NO Requested Date:
°UMMARYSTATEMENT:
in December 7, 1999, the County Council adopted Ordinanca92..
087 Adopting Amendments to the Whatcom County Zoning Text
Title 20 to Revise Procedures for Transferring Development Rights
and Designating the Lake Whatcom Watershed as a Sending Area.
The Planning Commission held a public hearing on this issue and
numerous work sessions prior to making recommendation to the
County Council. One of the Planning Commission
recommendations, which was inadvertently left out of the adopting
ordinance, was to exclude the Sudden Valley area from the TDR
sending area for six mon"to allow the Sudden Valley Community
Association to develop their own density reduction program.
Staff recommends that the County Council reconsider this Ordinance
and adopt the substitute Ordinance provided to implement the
Planning Commission recommendation.
COUNCIL ACTION TAKEN.
2000-43 111112000: Introduced
1125@000: Amended and adopted 7 -0, Ord. #2000 -005
Relatea County Contract #:
Related File Numbers: 70 -98:ZT
Indicate those who should receive a copy after Council action.
List specific names to the right.
Management
Human Resources
Assessor
Other
Ordinance or Resolution Number
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 1/11/2000
ORDINANCE NO. 2000 -005
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING MAP TO EXCLUDE THE SUDDEN VALLEY AREA AS A
TRANSFERABLE DEVELOPMENT RIGHTS SENDING AREA
WHEREAS, Whatcom County Code, Title 20, Chapter 90 provides direction for
docketing zoning map and "texI amendments and such docket was initiated and
processed for 1998; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued a
determination of non - significance on November 4, 1998; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the
Bellingham Herald on October 31, 1998, November 26, 1998, January 4, 1999, January
14, 1999, February 11, 1999, February 27, 1999, March 11, 1999, March 25, 1999, April
11, 1999; and
WHEREAS, The Planning Commission held public hearings on the proposed
amendments on November 12x1998, December 10, 1998, January 14, 1999, January
28, 1999, February 11, 1999, February 25, 1999, March 11, 1999, March 25, 1999, and
April 8, 1999 and considered all testimony; and
WHEREAS, The Planning Commission held a work session on April 22, 1999 to
consider all the amendments concurrently, as required by WCC 20.90.070; and
WHEREAS, The Planning Commission has evaluated the merits of each
amendment in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20.90.070; and
WHEREAS, The Planning Commission recommended that the Sudden Valley
area be excluded from the Lake Whatcom Transferable Development Rights sending
area for six months to allow the Sudden Valley Community Association to develop their
own density reduction program; and
WHEREAS, The County Council has considered the Planning Commission's
Findings of Fad, Reasons for Action, and Recommendations for all the amendments, as
required by WCC 20.10.110; and
WHEREAS, The Planning Commission recommendation to exclude the Sudden
Valley area from the Lake Whatcom Transferable Development Rights sending area was
inadvertently left out of the adopting ordinance; and
WHEREAS, The County Council finds the zoning map amendments in the best
interest of the public, safety, and welfare, based on the following findings and
conclusions:
FINDINGS
1. The proposed actions to implement a TDR program as one of many steps to be
taken to help protect the Lake Whatcom Watershed are widely supported by the
goals and policies of the Whatcom County Comprehensive Plan.
2. The subject proposal was developed by planning staff with the assistance of and
input from a multi - disciplinary review committee. In addition, a planning
consultant was hired to analyze the feasibility of a TDR program and to provide
recommendations for implementation.
3. The anticipated result of adoptiog,the proposed TDR program is that growth and
development will be diverted from the Lake Whatcom Watershed, a sensitive and
critical public resource area that is being adversely impacted by development
activities. The benefits to the public include but are not limited to a reduction of
impervious surface within the watershed from the levels that would occur without
such a diversion, and a reduction of motor vehicle traffic on roads in the
Watershed from what would occur without such a program. These benefits
accrue to reduce infiltration of pollutants into the Lake, which serves as a drinking
water reservoir for more than half the population of the County, and to reduce the
need for public expenditure of funds to manage stormwater runoff within the
Watershed.
4. Development under a successful TDR program will be directed into and intensified
within Bellingham's urban growth area, where services can be more efficiently
provided and are already present or planned for.
5. The exclusion of the Sudden Valley Subdivision from the adopted TDR sending area
for a period of six months will allow the Sudden Valley Community Association to
continue developing, and begin implementation, of the Sudden Valley
Community Association Density Reduction Plan.
6. Numerous policy and regulatory changes in recent years support the proposed
zoning map and text amendments.
CONCLUSION ,
Sudden Valley should be excluded from the adopted Lake Whatcom TDR sending area
and WCC Section 20.89.021 regarding Transfer of Development Rights should be
amended to be consistent with the wording recommended by the Planning Commission.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Sudden Valley Subdivision and subsequent divisions within Sudden
Valley, is hereby excluded as a Transferable Development Rights sending area on the
Official Whatcom County Zoning Map.
Section 2. The exclusion of Sudden Valley as a TDR sending area shall be reevaluated
six months after the adoption of this ordinance. If the Sudden Valley Community
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Association is not making sufficient progress toward voluntary density reduction, this
area may be designated as a TDR sending area at that time.
Section 3. Whatoom County Code Section 20.89.021 is hereby amended as follows:
.021 Development rights. The residential building rights permitted to a lot,
parcel or area of land under the base density of the Whatcom County Comprehensive
Plan and the Official Whatcom County Zoning Ordinance (Title 20, WCC), measured in
maximum dwelling units per developable acre. Where land is impacted by critical areas,
consideration given to opportunities for cluster development. In the event of any conflic
between the Comprehensive Plan and the Zoning Ordinance, the density standards of
the ComprehensiveJ21an shall control. It is not the purpose of this section to create any
such potential which would not otherwise exist.
Section 4. Adjudication of invalidity of any of the sections, clauses, or provisions of the
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.
ADOPTED this 25" day of January, 2000
WHATCOM COUNTY COUNCIL
WHATCC00%M� COUNTY, WASHINGTON
wn- Davis, Cou erk MarTen e Da wson, Chairperson
APPR ED as to form:
Civil Deputy Prosecutor
(✓j Approved () Denied
ete Kremer, Executive
Date: d -) —co
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EXHIBIT 1
LAKE WHATCOM TDR PROGRAM
FILE # 70- 98:ZM /ZT
Revisions to Chapter 20.89 WCC:
DENSITY TRANSFER PROCEDURE
Sections:
20.89.010 Purpose.
20.89.020 Definitions.
20.89.030 General requirements.
20.89.040 F11119Aure. 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
^^'",tee^•'^' development rights from one property to another. Where the applicable
saharea comprehensive plan policies and an appropriate overlay zone or zoning map
designation provide the option for transfer of Fes dentnt a! development rights, the rights
shall be transferred consistent with the comprehensive plan subaree plan policies, and
the requirements of this chapter, and the requirements of the Sending Areas and
Receiving Areas as defined in this chapter and mapped on the zoning maps.
The transfer of residential development rights from one property lo another is
allowed in order to provide Flexibility and better use of land and building techniques; to
help preserve eRYiFORmentally sens ^ `' a 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; and the objectives of individual subarea plans and of this title; and implementation
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023 Receiving areas and Parcels. An area that is designated in this chapter
or by further action of the County Council as appropriate for residential development
located in a receiving area.
025 Transfer units. The additional units of dwellings allowed on a receiving
parcel over base density through the use of transfer of development rights
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0:•0 I
General requirements.
must be R a zone distriot that has been des gnated Aq A baqR WARe AF FAGip ent ZeRe
_ ... ....
... .. . ...... .. .. ..
031 Development Rights. The residential development rights shall be
considered as interests in real Property.
receiving parcel Such a transfer of development rights shall only be permitted to occur
under the circumstances and according to procedures set out in this chapter.
033 Transfer units. In any transfer of units the sending parcelts) may
transfer all or a portion of its development rights to a receiving parcel or parcels.
I Q Planning DivisionViEZONE=NING.98Udopdng ordinanc skadopting ordinanc MIDB.dm
20.89.040 Sending Areas
20.89.050 Receiving Areas
.051 Designated receiving areas. All of the areas that have been specifically
designated as TDR receiving areas on the official Whatcom County Zoning Map
02 Planning Division \REZONEZONING.98ladophng mdinances\adopting onJinance70- 98.doc
womm m! woo
20.89.040 Sending Areas
20.89.050 Receiving Areas
.051 Designated receiving areas. All of the areas that have been specifically
designated as TDR receiving areas on the official Whatcom County Zoning Map
02 Planning Division \REZONEZONING.98ladophng mdinances\adopting onJinance70- 98.doc
20.89.060 Procedures and Requirements for Certification and Approval of
Transfer of Development Rights.
.061 Certification for future sale or transfer. A future TDR transaction that
.062 Initiation. An application for transfer of development rights shall be
such development rights to another parcel at the time of application the application may
be�granted approval administratively by the Whatcom County Planning and
Development Services Department.
.063 Submittal requirements. All requirements for a TDR certification or
permit shall include the following:
(1) A map showing the location and boundaries of the receiving parcel and
(7) A statement (on a form to be Provided by the County) of how the sending
and receiving Parcels as applicable fulfill the criteria set forth in this chapter and
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(8) 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.
.064 Approval process and criteria.
met; and (b) that the transfer will result in the permanent preservation of open space
land.
as it deems appropriate to accomplish the goals of this chapter and to mitigate any
adverse impacts of such an application.
065 Reattirements for final approval. Approval of a TDR permit shall not be
finalized until such time as the following have been accomplished:
(1) Final approval of the concurrent development Proiect according to the
provisions of the Whatcom Countv Code. except as exempted under subsection .061
...
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
20.89.070 Exemptions from Fees and Other Requirements
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exemptions from certain County fees will prevent a duplication of requirements for
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Revisions to Chapter 20.24 WCC:
URBAN RESIDENTIAL MIXED (UR -MX) DISTRICT
20.24.242 Density and minimum lot size.
Minimum Lot Size
Maximum /Minimum Min. Reserve
Density Conventional Cluster Area Cluster
Minimum:
4 dwelling units per acre
Maximum:
(1) 4 dwelling units per acre
8,000 sq. ft. 4,000 sq. ft.
20%
N\ 10 dwelliAg ..'In n
4,000 .. ft (GiAgle fam )
�1,
NIA
density, bORIAS
using PFOV;Siens
Bpd R W= on on occ ..
I
Nights
ARgfeF Af Fleye
is
cred
of Chapter 20.89 WGG
(2) 6 dwelling units per acre
4,000 sq. ft. (single- family)
N/A
using TDRs pursuant to the
provisions of Chapter 20.89 WCC
(3) up to 10
dwelling
units per
4.000 sa. ft. (single - family)
N/A
acre using density bonus
provisions listed in WCC
20.24.255(2) through (6). only
after the first increment of density
increase permitted under WCC
20.24.252(2), above is fully
attained.
20.24.255 Density bonuses
Residential density may be increased up to 10 dwelling units per acre using one
or more of the options listed below. In order to gualify for options (2) through (6). option
(1) transferable development rights, must first be fully utilized. Bonuses may be granted
based on the quality of the features offered, the extent to which the development
exceeds the minimum level which qualifies for a bonus and extent to which the public will
benefit from the offered option. Conditions may be imposed to ensure a public benefit of
approved bonuses. The minimum lot size requirement may be waived if any of the
following are achieved:
(1) Up to a 50 percent bonus using transferable development rights.
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(2) Up to a 50 percent bonus if at least one half of the total unit count of the project is
affordable housing, as defined in the housing chapter of the Whatcom County
comprehensive plan, inclusive of a provision to maintain said housing as such for a
reasonable duration.
(3) Up to a 25 percent bonus for the development of a neighborhood park and
related improvements that satisfies the needs of the immediate neighborhood.
(4) Up to a 15 percent bonus for providing at least 15 percent additional open space
that is not otherwise restricted from development by other regulations.
(5) Up to a 15 percent bonus for restoring a degraded natural area which would
provide significant public enjoyment if enhanced.
(6) Up to a 10 percent bonus for providing enhanced perimeter buffering of adjacent,
less compatible uses that would make the subdivision a more compatible neighbor.
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