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Home My WebLink Aboutord1999-008WHATCOM COUNTY COUNCIL AGENDA BILL NO. 99 -087 CLEARANCES Inch/ Date Date Received in Council Office Agenda Dare Assi nedto: origina1or` S Goodwin Division smodad: S Goodwin � FZ /1 p E^ E�� n D IIV- L v C FEB 17 1999 WHATCOM COUNTY COUNCIL 2 -23 -99 3/9/99 Introduction P 6 D/ Council Dept Dead: p4 Michael F Anarp A.LCP. z Prosecutor Dave Grant L 4 IZ Parch a,mglaaeget: - - Ereeuave: SUBJECT: An Ordinance adopting Comprehensive Plan designations and Title 20 zoning for fee lands within the Lummi Reservation. ATTACHMENTS: Ordinance with Exhibit A Planning Commission Findings of Fact Staff Report with Exhibits 1 -9 Planning Commission minutes SEPA review required? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Should Clerk schedule a Nearing ? ( J Yes ( X ) NO Requested Date: o llMMARYSTATEMENT., This ordinance will establish Comprehensive Plan designations and Title 20 zoning for the fee lands on the Lummi Reservation. The Director of Planning and Development Services recommends adoption of this ordinance. Distribution Indicate those who should receive List specific names to the right. Bequest a copy after Cou icd anion. ADS Facilities Management ADS Finance ADS Human Rest arees ADS Info Services Assessor Auditor Cooperative Extension District Cover Executive Health Hearing rummer COUNCIL ACTION TA %EN: 1999 -87 2123199: Introduc ed 3/9199: Adopted 7-0Ord. #99 -008 Retarea uounty contract #: r rks ourt Treasurer Other Related File Numbers: 08 -97:ZT Ordinance or Resolution Number (this item): ,vn,�. - . ■ —VrW FILE REF 8 -97.ZT Page 1 FILE REF. 8 -97.ZT INTRODUCED BY.' Consent PROPOSED BY. PLANNING DATE. 2/23/99 ORDINANCE NO. 99 -008 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN DESIGNATIONS AND ZONING FOR THOSE FEE LANDS WITHIN THE LUMMI RESERVATION WHEREAS, pursuant to RCW 36.70.790, Whatcom County adopted an Interim Zoning Ordinance on July 6, 1972, applicable to the fee lands within the Lummi Reservation, which has been repeatedly extended for 25 years and is scheduled to expire on March 13, 1999; and WHEREAS, Whatcom County has been working cooperatively with the Lummi Nation to develop compatible zoning on a permanent basis within the boundaries of the Reservation; and WHEREAS, in order to assure continued regulation of land use and provide predictability to land owners, the adoption of permanent zoning is necessary; and WHEREAS, a Determination of Non - Significance was issued on February 11, 1999 by the Deputy SEPA; and WHEREAS, public notice was published in the Bellingham Herald on January 26, 1999, posted in 15 locations on the Reservation, and mailed to all fee land owners of record; and WHEREAS, the Planning Commission held a public hearing on February 11, 1999, adopted Findings and Conclusions and recommended approval of Option 2; and WHEREAS, the Whatcom County Council adopts the following Findings and Conclusions: FINDINGS 1. Pursuant to RCW 36.70.790, Whatcom County adopted an Interim Zoning Ordinance on July 6, 1972, which has been repeatedly extended for 25 years. Areas applicable under Chapter 2.24A include the fee lands within the Lummi Reservation. 2. The Lummi Nation adopted the Lummi Tribal Land Use Code in January, 1979. 3. Whatcom County has been working cooperatively with the Lummi Nation to develop compatible zoning on a permanent basis within the boundaries of the Reservation since the winter of 1997/1998 and has not made considerable progress. 4. In order to assure continued regulation of land use and provide predictability to land owners, the adoption, of permanent zoning for the fee lands is necessary. 5. The availability of water has impacted development on the reservation over the past decade. Whatcom County has been working cooperatively with the Lummi Nation and other interested parties to identify a water source to serve projected development and resolve water rights issues relating to use of available water. FILE REF 8 -972T Page 2 6. The Whatcom County Comprehensive Plan Goal 2RR is to "Seek a balance between the requirements of Growth Management, the needs of non -tribal residents and the goals of the Lummi Nation." Policy 2RR -1 is to "Recognize subdivided areas on the Lummi Reservation as urban but not growth areas." 7. The Whatcom County Comprehensive Plan establishes a number of comprehensive plan designations which could be applied to the suburban, rural and resource lands on the reservation. A description of the purpose, definition and locational criteria for each of these designations is provided as Exhibit 8. There were an estimated 3,900 residents living on the Lummi Reservation in 1995. The Whatcom County Comprehensive Plan projects a population of 6,900 in the year 2015, a growth of 3,000 residents over the 20 year planning period. The Lummi Nation Planning Department projected a population of approximately 3,000 non - Indian residents and 4,500 Indian residents for a total of 8,000 residents by the year 2015, and a total of 9,000 residents by the year 2020. 9. Average household size in Whatcom County is 2.6 persons per household. The 3,000 additional residents contemplated in the Whatcom County Comprehensive Plan would require approximately 1,154 additional housing units by the year 2015. An additional 2,000 to 4,000 housing units would be needed to house the additional Indian population projected by the Lummi Nation by the year 2020, depending on the assumptions used to calculate demand. 10. In other areas of the County, a market factor of 125% was used to account for properties which will remain undeveloped and provide an adequate land supply. Applying this market factor to the projected growth on the Lummi Reservation, approximately 1,500 vacant lots lots or parcels will be required to provide housing for the projected population growth on the reservation by 2015. Additional fee or trust lots may be needed to provide housing for the additional Indian population projected by the Lummi Nation. 11. There are currently an estimated 1,002 vacant fee parcels on the Lummi Reservation. Between 669 and 720 of the vacant fee parcels are within water association boundaries, and the remainder are located outside of water associations. An additional 114 fee parcels are used for resource production or extraction. 12. The majority of the developed residential land is located along the shoreline, with the greatest concentration of development located along the western shore of the peninsula. Typical lots within the developed subdivisions range from '/4 to % acre. Public water and /or sewer service is provided to most of the developed lots by eight water associations or by the Lummi Nation. The platted lots within these areas are consistent with the Whatcom County Comprehensive Plan criteria for "Resort Recreational Subdivisions" or "Suburban Enclaves" and the purpose statement for Rural Residential zoning. The unplatted land outside of the water association or sewer district boundaries meet the criteria for Rural Comprehensive Plan designation and Rural zoning. 13. The interim zoning which has been applied to the fee lands on the reservation for the past 25 years designates the much of the northern portion of the reservation as "Agriculture." Most of this land is within the 100 year floodplain and in parcels which are 40 acres or larger. The comparable Comprehensive Plan designation and Title 20 zoning is "Agriculture." 14. The land in the interior on the southern portion of the reservation has been designated "Rural Farm" under the interim zoning over the past 25 years. Average parcel size ranges from 5 to 40 acres. A number of fee land parcels are in "designated forest" tax status and most of the parcels are forested. Comparable Title 20 zoning is "Rural' or "Rural Forestry." FILE REF 8 -97:ZT Page 3 15. Portage Island and the Nooksack River delta are owned by Lummi Nation. The Lummi Nation has zoned Portage Island as "Forestry" and the Nooksack delta as "Natural'.. Comparable Title 20 zoning would be "Rural Forestry" or "Recreational Open Space" 16. Further subdivision or development of existing platted lots will be contingent on obtaining adequate water and sewer service and other necessary public services and facilities. 17. The Comprehensive Plan and zoning designations depicted in the Option 2 maps would allow infill along the south eastern shoreline of the Reservation in areas which are not currently subdivided, but are partially served by water and sewer systems. This option could result in approximately 3,000 housing units on fee land at buildout. These units could house a projected population of 7,800 residents and create a demand for .75 million gallons of water. CONCLUSIONS The Comprehensive Plan and zoning designations depicted in the Option 2 maps would allow additional suburban level development along the south eastern shoreline of the Reservation in areas which are not currently subdivided, but have been historically zoned for urban level development and are partially served by water and sewer services. At buildout, this option could result in a water demand which slightly exceeds the projected water supply allocated for non - Indian fee lands, but is consistent with projected total water supply. Concurrency provisions of the zoning and subdivision regulations are sufficient to prevent further subdivision of these areas until adequate services are available. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 1. That the Comprehensive Plan designations shown on the attached Exhibit A and the zoning designations shown on the attached Exhibit B are hereby adopted. 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. PASSED this 9th day of March , 1999. ATTEST: KM[49M43M4Mff M-04 APP OVED AS TO FORM: Dave Gr6hf Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNT ASHINGTON Marlene Dawson, Chairperson APPROVED ()VETOED Pete Kremen, County Executive Date-3 2 y yi COMPREHEN,l 0 EXHIBIT A VSECF W1MTf.OMC0.NlYSOSMTA YpnU5 US SACiFF WlMmE E DWWG STAT WW � baWYm,gwMya Mewwr war W...m..m�•> tia.�. � npvAfai a �nWYy Y nyY arcaNp �Y. W WAY. mMa�sVw�Y/a yi. e.q.,w o.K�,.o. wawraKi..o rYp FUn YpuxaKmq. 0.5 0 0.5 1 1.5 Mil" ILA Whaloom County GI: C zon 0 AG Agriculture NC Neighborhood Commercl 0 R5A Rural (1 unit/5 acres) ® RF Rural Forest ® RR1 Rural Residential (1 unit/acre) RR3 Rural Residential (3 units /acre) VSE Sw USSEMCW EWN5WIP Fwu ING STAa AGxEeMeM wlm me ip14WIXG 5iAlElEM: nwO�nuM11Y a vmry G NxuM4 q4 mN M ruyw�v�..awmo. 0.5 0 0.5 1— _ 1.5 Wl y ;HIBIT B