HomeMy WebLinkAboutord2000-013WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 75 A
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Ong. Dept.: County Council
02/1512000
i CZ
FEB 15 2000
WHATCOM COUNTY
CO
MUNCH
02/22/3000
Planning & Dev. Comm.
Division Bead:
�h
a RO INT'bDUCED
Dept. Head:
3 tit
6b- CO d Cl -
Prosewtor:
Budget:
Ezewtive:
SUBJECT.'
Disc. re: proposed Ord. re: nonconforming lots and lot consolidation
ATTACHMENTS
SUMMARY STATEMENT:
Rehted Coun1y Contract #: Should the Clerk uhedule a hearing? (Y/N Requested Date:
Discussion regarding proposed ordinance amending Whatcom County Code Chapters 20.83 and 20.38 regarding nonconforming
lots and lot consolidation
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2000 -75A 2/22/2000: Held /Comminee -will be scheduletl again for
air /2000
3///2000: Ordinance introduced
3212000: Amended and adopted 5-2, Haag, Dawson
opposed, Ord. #2000-013
Related File Numbers: Ordinance or Resolution Number (this item only):
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 3/7/2000
ORDINANCE NO. 2000-1013
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING TEXT CHAPTER 20.83 AND 20.38 REGARDING NONCONFORMING
LOTS AND LOT CONSOLIDATION
WHEREAS, Whatcom County Code, Title 20, Chapter 90 provides direction for
docketing zoning map and text 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 12, 1998, 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 County Council has considered the Planning Commission's
Findings of Fact, Reasons for Action, and Recommendations for all the amendments, as
required by WCC20.10.110; and
WHEREAS, The County Council decided to split the batch of proposed zoning
map and text amendments into separate ordinances to allow for public hearings and
adoption of revisions to some of the proposed amendments in advance of the other
proposed amendments; and
WHEREAS, the County Council finds the zoning text amendments in the best
interest of the public, safety, and welfare, based on the following findings and
conclusions:
FINDINGS
1. Notice of the Planning Commission hearing on the subject proposal was published in
the Bellingham Herald on November 26, 1998.
2. The Deputy SEPA Official for Whatoom County issued a Determination of Non -
Significance on November 4, 1998.
3. The Growth Management Act, at RCW 36.70A.040(3), requires that zoning
regulations must be consistent with and implement the Comprehensive Plan.
4. Whatcom County Comprehensive Plan Policy 2D -1 is to "Eliminate unnecessary
regulations" (p. 2 -9).
5. In the 1990s, approximately 80% of the lot consolidation relief applications that have
gone completely through the process have been approved.
6. Comprehensive Plan Policy 11 E -2 is to "Maintain as a high priority the protection of
water quality and quantity, and associated features like watersheds and aquifers" (p.
11 -14). Goal 11 F is to "Protect and enhance Whatcom County's surface water and
groundwater quality and quantity for current and future generations" (p. 11 -15). Lake
Whatcom serves as the source of potable water for the City of Bellingham and Water
District 10.
7. Comprehensive Plan Goal 2K is to "Discourage development in areas prone to
flooding" (p. 2 -11). Policy 2K -1 is to "Limit lands in one - hundred year floodplains to
low- intensity land uses such as open space corridors or agriculture" (p. 2 -11).
8. Goal 11 D is to "Minimize potential loss of life, damage to property, the expenditure of
public funds and degradation of natural systems resulting from development in
hazardous areas such as ... dangerous alluvial fans and other known natural
hazards" (p. 11 -11).
9. Goals 8A and 8E of the Comprehensive Plan promote the conservation of the
agricultural and forest land base (pp. 8 -5 and 8 -13).
10. In the Lake Whatcom Watershed, the 100 -year floodplain, alluvial fans, and
designated Agricultural, Commercial Forestry and Rural Forestry lands, consolidation
of substandard lots could reduce impacts on water quality, critical areas and natural
resource lands.
11. In 1988, the lot consolidation provisions were amended to exempt certain parcels
created after 1959 from consolidation (Ordinance No. 88 -29). The rationale for the
1959 date was that it was thought that County regulation of subdivisions began then.
However, upon conducting further research, it has been determined that County
rules applicable to subdivisions were actually adopted as early as September 2,
1955 (Resolution No. E- 55 -8). Therefore, the exemption date should be modified
from 1959 to September 2, 1955.
12. Changing the lot consolidation relief process from one that requires Hearing
Examiner approval to one that requires administrative approval will streamline the
permit process and eliminate unnecessary delays, in accordance with Policy 2D -3 of
the Comprehensive Plan (p. 2 -9).
13. Amending the lot consolidation provisions of the zoning ordinance to reduce
situations in which it is applied and streamline the lot consolidation relief permit
process is consistent with and implements the Comprehensive Plan and is in the
public interest.
192 Planning DivlsionUREZONE oning 1998 \0NinancesRevision3- 4 98.dm
CONCLUSION
Amendments to the Official Whatcom County Zoning Ordinance text should be adopted
as set forth in Exhibit 1.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom
County Zoning
Ordinance text (Title
20) is
hereby
amended as shown in the attached
Exhibit 1.
Section 2. 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 /21 "..1 day of March, 2000
ATTEST:
r
Dana Brown - Davis, Council Clerk
APPR VED as to form:
ivl Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
adene Dawson, Chairperson
64 Approved () Denied
ete Kremen, Executive
Date:
I:\2 Planning Division\RE C)NE oning 1998 \OnJinancesV evision3- 54 -98.do
Exhibit 1
Except as modified by WCC 20.83.070, legal parcels or ILots of record existing -eR the
W66- 20.83.079, that do not meet the minimum area or width requirements of the zone
district may be developed with permitted, accessory and conditional uses provided:
(1) That all other district standards are met; and
(2) The lots or parcels were created pursuant to applicable state and local
subdivision regulations in place at the time of lot segregation ^• ^^^^^nw ter,.«.... ••..d.••nrip,
W66- 28.83.071. (Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 82 -78, 1982).
20.83.070 Lot consolidation.
Two lets 9f Fe and . hefl bee sideFed as md:vided p rN fop the ..
09 072
0 �
(1
Two or more lots of record shall be considered as one undivided Parcel for the
purpose of use or sale if all of the following circumstances apply, except as
modified by WCC 20.83.071. 20.83.072. or 20.83.073:
(a) The lots were in one ownership as of the date of the adoption of this
ordinance (March 21. 2000) :
or by Public right- of -wav:
(d) No more than one lot is developed with a legally established Permitted or
.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 satisfying the requirements of Chapter 20.89 WCC.
112 Planning Division \REZONENZoning 1998 \Ordinanms \Revision3- 54 -98.dm
The total area of all lots subject to consolidation under WCC 20.83.070, above, 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 to the heaFiAg examine 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 heaF ^^ ^ )E^^'^^• shall GGRsideF the fellewing
fasteFS zoning administrator shall grant consolidation relief if the 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.
Critical Area, or an area zoned Agriculture. Rural Forestry or Commercial
Forestry.
(3) That each lot has legal and ohvsical access to a public or private road
improved to County road standards.
(4) The proposed consolidation relief meets the approval criteria of 20.84.220
3 -8.
.073 Lots that were formally established after September 2. 1955 4869 by long plats,
.assessor's plats, short plats, the binding site plan process, eF divisions certified exempt
on the conveying instrument deed by Whatcom County, or parcels which were legate
exempt from the lot
I:@ Planning Division\RMNEZoning 1998 \Ordinances \Revision3- 54- 98.doc
consolidation requirements of WCC 20.83.070. (Ord. 88-29,1988; Ord. 87 -12, 1987;
Ord. 87 -11, 1987; Ord. 82 -78, 1982).
20.38.050 Definitions.
For the purposes of the Agriculture Protection Overlay zone, "Parcel' means
contiguous land held by the same owner(s), but without regard to segregations made for
tax purposes. To be contiguous the land must share a common boundary on at least
one side. Land is not a contiguous parcel if it is bisected by a public right -of -way, a river,
a pond, or a lake as defined in the Critical Areas Ordinance; or it has been divided as
part of a subdivision or exempt land division approved pursuant to Chapter 58.17 RCW
or Title 21, WCC; or it existed as a legally created lot of record after September 2. 1955
4859, as defined in WCC 20.97.220 and as further described in WCC 20.83.060 through
20.83.072.
112 Planning Division \RE ONE oning 1998 \Ordinanms\Revislon3- 56- 98.doc