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Home My WebLink Aboutord1998-060WHATCOM COUNTY COUNCIL AGENDA BILL NO. 98 -318 CLEARANCES .ginator. S, Vv �oc�(w;� Initial Date Date Received in Council Office Agenda Date Assigned to: Introduction � r E C 1 V l� I� 'AUG t p 1995 YtlHATCOM COUNTY COUNCIL 8/11/98 Division Head: Sylvia Goodwin $ 9/15/98 P & D / Council Dept. Head: Michael Knapp /Q Prosecutor,- Purchasing/Budget: Executive: SUBJECT. File Reference: 44- 98 :ztAn ordinance amending Title 20 to eliminate the minimum lot size requirement for public facilities the Rural District. ATTACHMENTS: Proposed Ordinance Staff Report Minutes of July 9, 1998 Planning Commission meeting Related County Contract #: Should Clerk schedule a hearing: NO /X/ YES / / Requested Date: SUMMARYSTATEMENT: —Ile request is to adopt an ordinance amending Title 20 to eliminate __.z minimum lot size requirement for public facilities the Rural District. The Director of Planning and Development Services recommends that the County Council approve the proposed ordinance. Ordinance and Resolution Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN: 1998 - 318 8/11/98: Introduced 9/15/98: Adopted 7 -0, Ord. #98 -060 r: �Re Prosecutor Public Works Sheriff Superior Court Treasurer Other Ordinance or Resolution ber ,gl reeo net 07 -98zm abt File Ret:44 -98: zc SPONSORED BY: Tom Brown PROPOSED BY: Pub. Works INTRODUCTION DATE: 8/11/98 ORDINANCE NO. 98 -060 2 3 AMENDING TITLE 20 TO ELIMINATE THE MINIMUM LOT SIZE REQUIREMENT 4 FOR PUBLIC FACILITIES IN THE RURAL DISTRICT WHEREAS, the Whatcom County Council requested that the Planning Commission consider amendments to the Rural District to eliminate the minimum lot size requirement for public facilities; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, June 25, 1998; and WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on June 24, 1998; and WHEREAS, The Planning Commission held a public hearing on the proposal on July 9, 1998, considered all public testimony and recommended approval of the proposed revisions; and; WHEREAS, the Council reviewed the Planning Commission's recommendation at a regular meeting on September 15, 1998 and approved the Planning Commission's Recommendation; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS 1. The Whatcom County Council has requested that the Planning Commission consider amendments to the Rural zone District to eliminate the minimum lot size requirement for public facilities. 2. Public facilities are necessary to serve rural areas of the County. Public facilities do not usually require a parcel as large as the minimum lot size in a two, five or ten acre rural zone, and frequently the cost or availability of land makes it difficult to find suitable public facility sites which meet the minimum lot size. 4. Public facilities do not largely impact the rural character of the Rural District. Public facilities outside of Urban Growth Areas are processed as conditional uses and there is opportunity for public comment and adequate review of site constraints and impacts to surrounding properties. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CONCLUSION Given that public facilities are necessary to serve rural areas and that impact are adequately reviewed under the Conditional Use process, the minimum lot requirement size requirement for public facilities is not necessary. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown in the attached Exhibit A. Section 2. Adjudication of invalidity of any of the 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 so declared to be invalid. ADOPTED this 15 day of September , 1998. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Council Clerk APPROVED as to form: 0ffio� Dave Grant, Civil Deputy Prosecutor Pete Kremen, Executive Date: 'N 3— P 0 :nied Exhibit A 20.36.259. Minimum lot size and maximum density. For the purpose of creating new building lots within the Rural District, several land use densities are herein provided. The minimum lot size and maximum density requirements for new construction vary according to the method of subdivision design. Where the conventional subdivision method is used to create new building lots, the minimum lot size shall be two, five or 10 acres, depending on the specific zone classification. Where the lot cluster subdivision method is used, the minimum lot size is based on the consideration of the district's setback requirements (WCC 20.80.200) and the Bellingham - Whatcom County health department regulations for on -site septic disposal, but shall not be less than that shown below. Where the cluster subdivision method is used, dwelling unit densities may be increased according to the cluster bonus schedule in WCC 20.36.252 below; provided, that all of the applicable cluster subdivision requirements are met Iotsfor„ publi £cfacilifies�pproyeFnder�2036 rd. 96 -056 Aft. A § H4, 1996; Ord. 90 -45, 1990; Ord. 87 -12, 1987; Ord. 87 -11, 1987 20.36.253 Maximum density and minimum lot size. pppro WUade 2q`33 Lq NOTE: text shown includes the interim amendments adopted under Interim Ordinance 98 -02, which may expire on September 18, 1998. I: \PLANNING \REZONE \44- 98ZT.EXA Minimum Lot Size Min. Reserve Area (Cluster District Gross Conventional I Cluster Subdivisions) Density R -2A without public 1 dwelling 2 acres 1 acre 20% water unit /2 acres R -2A with public 1 dwelling. 2 acres 15,000 sq.ft. 65% water unit /2 acres R -5A 1 dwelling 5 acres No minimum 55% unit /5 acres R -5A subject to 1 dwelling Not applicable No minimum 70. to 80% Agricultural Protection unit /5 acres Overlay (WCC20.38) R -10A 1 dwelling 10 acres No minimum 70% unit /10 acres R -10A subject to 1 dwelling Not applicable No minimum 70 to 80% Agricultural Protection unit/ 10 acres Overlay (WCC20.38) P71U_b1ic12tFac(IItes N/ NoMintmum NoMintmum N /A' pppro WUade 2q`33 Lq NOTE: text shown includes the interim amendments adopted under Interim Ordinance 98 -02, which may expire on September 18, 1998. I: \PLANNING \REZONE \44- 98ZT.EXA