HomeMy WebLinkAboutord1999-087WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 1999 - 386
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: County Council
9/29/99
RECEWED
S EP 2 9 �S9S
WHATCOM COUNTY
COUNCIL
9/28/99
Introduction
Division Head:
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Dept. Head:
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Prosecutor:
Budget:
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SUBJECT.-
Ordinance amending WCC Title 20.89, Density Transfer Procedures Z %
ATTACHMENTS
SUMMARY STATEMENT.•
Related County Contract #: I Should the Clerk schedule a hearing? (Y/N Requested Date:
Ordinance amending Whatcom County Code Title 20.89, Density Transfer Procedures
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN.•
1999 - 386 41/9/99: Held /Committee to 11/23
11/23/99: Held /Committee to 12/7
12/7/99: Substitute ordinance amended and adopted 7 -0,
Ord. #99 -087
Related File Numbers: Ordinance or Resolution Number (this item .only):
CU7
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 9/28/99
ORDINANCE NO. 99 -087
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING TEXT TITLE 20 TO REVISE PROCEDURES FOR TRANSFERING
DEVELOPMENT RIGHTS AND DESIGNATE THE LAKE WHATCOM
WATERSHED AS A SENDING AREA
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 WCC 20.10.110; 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. 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 adopting 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. Numerous policy and regulatory changes in recent years support the proposed
zoning map and text amendments.
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.. The Lake Whatcom Watershed is hereby designated as a Transferable
Development Rights sending area on the Official Whatcom County Zoning Map
Section 3. 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.
Section 4. The County shall initiate a process with the City of Bellingham to designate
additional TDR Receiving Area inside the Bellingham City Limits and Urban Growth
Areas for the purpose of receiving residential density transferred out of the Lake
Whatcom Watershed.
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ADOPTED this 7th day of December, 1999
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
r Q
Dana Brown - Davis, Council Clerk IVYarlene Dawson, Chairperson
APPR VED as to form:
f
ivil Deputy Prosecutor
3
( Approved () Denied
A remen, 1E xecutive
Date: 1611-o` t- T
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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 PFE)eed 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
Fesode development rights from one property to another. Where the applicable
subaF comprehensive plan policies and an appropriate overlay zone or zoning map
designation provide the option for transfer Of ;zsidential development rights, the rights
shall be transferred consistent with the comprehensive plan ^I ^^ 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 Feside tial development rights from one property to another is
allowed in order to provide flexibility and better use of land and building techniques; to
help preserve eRViFenmentally sensitive 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
of the goals, policies, and action plans of the Whatcom County Comprehensive Plan.
20.89.020 Definitions.
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..
02 Reeipient Penes e 1 Fban and Gemme.ei..l 7....e Distfie +s that have been
025 Residential development rights ere the number of dwelling unit gredmts units
allowed in the undeFlyiRg zene plus any additional tFansfeF GFedits that may be assign
.026 T-FansfeF GFeduts aFe the equivalent of dwellmng unit GFedits emeept they ean
only be tmnsferred to a reeinient zone and eannet he used in deyelenment of the bocce
zene te whieh they weFe assigned. They aFe assigned thFE)ugh the subaFea planning
nreeess and ennrenriete eyeday -gene(s\
.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, WCQ, measured in
maximum dwelling units per developable acre. In the event of any conflict between the
Comprehensive Plan and the Zoning Ordinance, the density standards of the
Comprehensive Plan shall control. It is not the purpose of this section to create any
such potential which would not otherwise exist.
.022 Sending areas and parcels. An undeveloped or partially developed
area that is designated in this chapter or by further action of the County Council as one
from which it is appropriate to transfer development rights. A sending parcel or site is an
undeveloped or partially developed parcel or site located in a sending area.
.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
beyond its base density through the transfer of development rights. Additional receiving
areas may be designated by the various cities in Whatcom County for the purpose of
receivinq transferred density pursuant to this section. A receivinq_parcel or site is one
located in a receiving area.
.024 Base density. The number of dwelling units per gross acre permitted by
the Comprehensive Plan and Zoning Ordinance for a parcel in a receiving area without
the use of transfer of development rights or a density bonus.
.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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20.89.030 General requirements.
must be ffin a zene rlistr7et that has been designated as a base zone OF eeipien+ zone
.032 The residential development rights• sha11 be e+ensidered as interests in al
pFepeFty and FAay be tFansfeFFed by sale eF gift on paFt eF as a total as pFevided in this
see+ien Onee used transfer credits er dwelling unit credits shall net he used again and
the - Fes ident+al -development Fights - o#- the m shall be
eensidered cceyered forever i ny eveent_as additional rights may eenferred threugh fut!,re
sold to an individual(s) GIF ether entity.
.034 In the reeinient zone distrigtc the residential _ development Fights shall net
zone districts gain inherent additional density fer their property when they n ,rshase
developmeRt Fights just as if they had obtained a Fezone. HeweveF, they aF6 Still Fequ
AGt (SERA) Feview whiGh GGU!d possibly pFeelude full use of theiF development peteR i
.031 Development Rights. The residential development rights shall be
considered as interests in real property,
.032 Transfer of development rights permitted. Notwithstanding any other
provisions of this code regarding residential density, including minimum lot size,
minimum lot area per dwelling unit, minimurrl building site area and minimum lot width,
the number of dwelling units permitted to be built upon a sending parcel may
transferred and built upon a receiving parcel. In approving a transfer of development
rights pursuant to this chapter, the appropriate decision- making body must find that such
a transfer is consistent with the Comprehensive Plan and zoning designation of the
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 sendingparcel(ss) may
transfer all or a portion of its development rights to a receiving parcel or parcels.
20.89.040 PFE)GedOFe-
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t the RumbeF E)
available dwelling nt- erditn_ and transfet-_eredite_ the total number of eredetS nreneced in the
jtFannaettion and the Fesiduel Ilefft on the site.
(2) WheFe t , legal des GFiptmen and zoning of the PaFeei(s) to
units allowed based eR undedyiRg zeniRg, and the dwelling GFedits and tFansfeF GFedits
t and the total numbeF of dwelling
o btcY11'1ed.
(3) The sognatUFe of a 11 peFsE)R(s) heldiRg fee title eF having etheF interests in both
.044 A Gepy ef the fGFFn must be submitted te the planning and develop
sentieen department after reee elation and a.eepy should he innlu decd by the ewner of the
aehieyerd by the transfer,
20.89. 040 Sending Areas
.041 Designation of sending areas. -All of the lands that have been
specifically designated as TDR sending areas on the official Whatcom County Zoning
Map.
.042 Designation of other sending areas. In addition to those areas which
qualify as sending areas according to the official Whatcom County Zoning Map, the
County Council may approve additional areas as sending areas. Such additional areas
may be approved only through the process established for amendments to the Official
Whatcom Count Zoning Map and pursuant to the procedures and requirements in
Chapter 20.90 WCC. Amendments and Fees.
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.
.052 Designation of other receiving areas. In addition to those areas which
qualify as receiving areas according to the official Whatcom County Zoning Map, the
County Council may approve additional areas as receiving areas. Such additional areas
may be approved only through the process established for amendments to the Official
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Whatcom County Zoning Map and pursuant to the procedures and requirements in
Chapter 20.90 WCC. Amendments and Fees.
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
is not associated with a pending development application and that is not proposing to
transfer such development rights to another parcel at the time of application may be
certified administratively by the Whatcom County Planning and Development Services
Department. TDRs certified under this provision may be later transferred to a receiving
parcel in accordance with the procedures specified in this Title.
.062 Initiation. An application for transfer of development rights shall be
initiated as follows:
(1) The process of transferring development rights shall be initiated by
submittal of an application for a transfer of development rights permit (TDR permit) by
the owner of the receiving parcel to the Whatcom County Planning- and Development
Services Department.
(2) An application for a TDR permit may only be accepted for filing
concurrently with an application for the associated development project pursuant to the
requirements of Whatcom County Code (WCC).
(3) The Planning and Development Services Department shall submit the
TDR permit application to the appropriate decision making body for discretionary
approval concurrently with the proposed development project according to the
procedures prescribed in the Whatcom County Code. If the TDR permit application is
not associated with a pending development application and is not proposing to transfer
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 Submiifal requirements. All requirements for a -rDR certification or
permit shall include the following:
(1) A map showing the location and boundaries of the receiving parcel and
sending parcel as applicable;
(2) The acreage of the receiving parcel and sending parcel as applicable;
(3) The zoning and current allowable base density of the receiving and
sending parcels as applicable;
(4) Written and notarized consent to the transfer from all registered owners
and lien holders of record of all property 'subject to the transfer of development rights;
(5) A calculation of the number of units available to be transferred from the
sending parcel and the total number of dwelling units requested to be transferred to the
receiving parcel as applicable. Any fraction of a unit of 0.50 or greater shall be
considered as a whole unit;
(6) Except for purposes of certification or transfer under subsection .061
above, all other submittal requirements for an application for the associated
development proiect pursuant to the requirements of Whatcom County Code (WCQ:
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(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
(8) The Planning and Development Services Department may require the
submission of other data, information, or drawings as deemed necessary to accomDlish
the purposes of this chapter.
.064 Approval process and criteria.
(1) The procedures for approval of a TDR permit shall be the same as for
approval of the associated development project pursuant to the requirements of
Whatcom County Code (WCC), except as exempted under subsection .061 above. The
appropriate decision - making body may approve a TDR permit only upon making the
following findings: (a) that the purposes and requirements of this chapter have been
met: and (b) that the transfer will result in the permanent preservation of open space
land.
(2) Approval of an application for a TDR permit is discretionary. The Hearing
Examiner, County Council, or Planning and Development Services Department may
approve, deny or conditionally approve such a permit, and may impose such conditions
as it deems appropriate to accomplish the goals of this chapter and to mitigate any
adverse impacts of such an application.
.065 Reauirements for final approval. Approval of a TDR Dermit shall not be
finalized until such time as the following have been accomplished:
(1) Final approval of the concurrent development project according to the
provisions of the Whatcom County Code, except as exempted under subsection .061
above:
(2) Execution and recording of an instrument legally sufficient in. both form
and content (using a form provided by the County) to effect such development right
transfer. Said instrument shall include at minimum a legal description of both the
sending parcel(s) and receiving parcel(s);
(3) Recording of a deed restriction as specified by the County, on all of the
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
Attorney. The document shall notify all owners and successors that the transfer and its
concomitant restrictions shall run with the land and be binding upon all future owners.
For all sending parcels, the deed restriction shall be sufficient to retire all transferred
development rights upon the sending parcel in perpetuity.
20.89.070 Exemptions from Fees and Other Requirements
.071 A development project which relies upon a transfer of development rights
shall comply with all other applicable requirements of the Whatcom County Code for
such a project. However, in order to encourage the use of the transfer of development
rights program, proiects containing approved transfer units may be exempted from
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certain fees and requirements normally imposed by the County. Such exemption may
be appropriate because there is a clear public benefit to be gained through the program
in the preservation of valuable environmental and /or open space resources. In addition,
exemptions from certain County fees will prevent a duplication of requirements for
owners of receiving parcels who are providing open space and /or water quality
protection through .the purchase of transferable development rights. Any such
exemptions shall only be granted pursuant to the procedures set out in this section.
.072 Upon application for a -rDR permit, the applicant may make application
for exemption from the per lot long plat review fee for all transfer units and up to 25
percent reduction for all other lot review fees pursuant to the Whatcom County Code,
Uniform Fee Schedule. Such reduction or exemption must be approved by the Director
of the Planning and Development Services Department.
.073 Upon application for a TDR permit, the applicant may also apply for a
reduction or exemption from the associated development, utility hookup, or traffic impact
fees, other than those applied by the County for the transfer units. Such reduction or
exemption must be approved by the applicable City Council decision making body.
.074 In conjunction with the TDR permit, an applicant may also apply.for a
reduction from open space, setback, lot coverage, landscaping and parking
requirements for the transfer units .upon showing that such reduction will not adversely
impact project residents, adjacent residents, or the character of the adjacent
neighborhood. Any such reduction is discretionary and shall be approved by the
appropriate decision - making body in conjunction with its review of the TDR permit and
project application.
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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%
(2) 10 dwelling , Ritc nnr aeFe
density bonus
ft f-,..-
4,000
NhA
using
pFevisiens
listed On WGG 20.24.2555 ^vr
sq. (single M
of GhapteF 20.89 WGG
(2) 6 dwelling units per acre
using TDRs pursuant to the
N/A
provisions of Chapter 20.89 WCC
4,000 sa. ft. (single - family)
(3) up to 10 dwelling units per
acre using density bonus'
provisions listed in WCC
20.24.255(2) through (6), only
4.000 sa. ft. (single - family)
N/A
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 qualify 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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