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HomeMy WebLinkAboutord1999-091Ordinance 99 -91 Passed by County Council (not signed) Vetoed by Executive Kremen See Ordinance 2000 -013 WHATCOM COUNTY COUNCIL AGENDA BILL NO._ 1999 - 328 - EARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: Planning & Develop 9/14/99 o Li-� tV� E � %J j� D SEP 14 1999 tAl ®p p` VVH��C ®tYit C ®�I�t COUNCIL 9/21/99 Introduction Division Head: Zg1 q q �� COm M - Dept. Head: 04 Prosecutor. 0 C� Budget: NOIC101-1, Executive: I l SUBJECT.- It /Z3101q PElb .� C uN�1U Ordinance amending Whatcom County Code Title 20.83 regarding lot consolllal`ion e�4 _c7 : ZT) ATTACHMENTS SUMMARY STATEMENT.- 6 Related County Contract #: Should the Clerk schedule a hearing ?0N Requested Date: Ordinance amending Whatcom County Code Title 20.83, regarding lot consolidation P —aiwIZI 6619 W-W, Z-�— RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN: 1999 - 328 11/9/99: Held in Committee - Public hearing closed 11/23/99: Held /Council to 12/7 12/7199: Amended and adopted 5 -2, Imhof, Brenner opposed,- Ord. #99 -091 I i elated File Numbers: Ordinance or Resolution Number (this item only): oRD 0 •oat SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 9/21/99 ORDINANCE NO. 99 -091 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, 1.998, 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 Whatcom 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. Whatcom County Comprehensive Plan Policy 2A -1 is to "Concentrate urban levels of development within designated urban growth areas" (p. 2 -6). Therefore, curtailing the lot consolidation requirements in Urban Growth Areas, so that fewer lots are consolidated in these areas, is generally consistent with the Comprehensive Plan's policy of concentrating development in Urban Growth Areas. It would also eliminate unnecessary regulations that affect such areas. 7. Legally established lots of record in rural areas that are large enough to have a high probability of being suitable for development should not be consolidated. In rural areas of the County, two acres is generally large enough to accommodate development with an on site sewage disposal system and private water system. Therefore, it is reasonable, and would eliminate unnecessary regulations, to exempt lots that are two acres or larger in size from the lot consolidation provisions. 8. 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. 9. 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). 10. The Comprehensive Plan indicates that "Water resources of Whatcom County provide natural beauty, recreation, habitat for fish and wildlife, water for drinking, agriculture and industry, and other benefits essential to the quality of life and economic health of the community" (p. 11 -12). Areas within jurisdiction of the Whatcom County Shoreline Management Program provide habitat for Chinook salmon, which are listed under the Endangered Species Act, and also contain unstable slopes in some areas. 11. 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). 12. Goals 8A and 8E of the Comprehensive Plan promote the conservation of the agricultural and forest land base (pp. 8 -5 and 8 -13). 13. In the Lake Whatcom Watershed, the 100 -year floodplain, jurisdiction of the Shoreline Management Program, alluvial fans, and designated Agricultural, 6 1A2 Planning Division \REZONE\ZONING.98ladopting ordinances\adopting ordinance54- 98.doc Commercial Forestry and Rural Forestry lands, the newly created exemptions from the lot consolidation requirements should not apply. 14. 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. 15. 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). 16.Amending the lot consolidation provisions of the zoning ordinance to eliminate 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. 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 7 day of Iuom, 1999 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Council Clerk Marlene Dawson, Chairperson APPROVED as to form: Civil Deputy Prosecutor 3 O Approved ()Denied Pete Kremen, Executive Date: I:\2 Planning Division \REZONE\ZONING.98\adopting ordinances \adopting ordinance54- 98.doc Exhibit 1 Except as modified by WCC 20.83.070, legal parcels or ILots of record existing WGG , 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 . (Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 82-78,1982). 20.83.070 Lot consolidation. (4) NE) mere than one lat is deyeleped with a legally established nrimani adopted n r ameRded making the n n/s\ RenGeRfnrminr (1) Lands within Urban Growth Areas 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 December 7,1999; (b) One or more of the lots in question does not meet the conventional minimum lot size of the applicable zone district; (c) The lots are not separated by an intervening parcel in different ownership or by public right -of -way; (d) No more than one lot is developed with a legally established permitted or conditional use: (e) All of the lots are located within an Urban Growth Area; and (fl At least one of the following are true: L One of the lots is less than 6.000 square feet; or: H. More than 50% of the area of any of the .lots is within the Lake Whatcom or Drayton Harbor Watershed. the 100 -year floodplain, or the jurisdiction of the Shoreline Management Program. 4 IA2 Planning Division \REZONE\ZONING.98\adopting ordinances \revised ordinance54= 98.doc (2) Lands outside or partially outside of Urban Growth Areas 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 (insert date here); (b) One or more of the lots in question does not meet the conventional minimum lot size requirements of the applicable zone district: (c) The lots are not separated by an intervening parcel in different ownership or by public right -of -way; (d) No more than one lot is developed with a legally established permitted or conditional use; (e) One or both of the lots is located outside of an Urban Growth Area; and (fl At least one of the following are true: I. One of the lots is less than one acre; or: ii. More than 50% of the area of any of the lots is within the Lake Whatcom Watershed, the 100 -year floodplain, theiurisdiction of the Shoreline Management Program, an alluvial fan hazard area, or an area designated Agriculture, Commercial Forestry, or Rural Forestry on the Whatcom County Comprehensive Plan map. .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. 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, except lots within the Lake Whatcom or Drayton Harbor watersheds may apply for administrative approval.te -the heaFing 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 zoning administrator heaFing examinelF shall consider the following factors: (1) The pattern of existing development in the immediate vicinity of the subject lots and the compatibility of the lot sizes requested with established and prospective uses; (2) The suitability of the lots for construction of a type appropriate to the district; 5 I:\2 Planning Division \REZONE\ZONING.98\adopting ordinances \revised ordinance54- 98.doc (3) The nature and extent of improvements previously made by the owner in reliance upon the original lot sizes; (4) Any special features of the lots which distinguish them from other properties characteristic of the zoning district. (5) Suitability of lots for development, based on geohazards, critical areas and other environmental constraints; (6) Impact on natural resource lands of long term commercial significance; (7) The availability of water and sewer service from apublic provider or an on -site water and system approved by the Whatcom County Department of Health and Human Services. The procedures for Administrative Approval Uses (WCC 20.84.235) shall be followed when processing a lot consolidation relief application, except that the approval criteria of WCC 20.84.235 shall not apply. .073 Lots that were formally established after September 2, 1955 1969 by long plats, assessor's plats, short plats, the binding site plan process, OF divisions certified exempt on the conveying instrument deed by Whatcom County, or parcels which were legally created after February 3, 1972 under an exemption included in the Whatcom County subdivision regulations in place at the time they were divided, are exempt from the lot 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 1959, as defined in WCC 20.97.220 and as further described in WCC 20.83.060 through 20.83.072. 0 I:\2 Planning Division \REZONE\ZONING.98\adopting ordinances\revise WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225 -4082 MEMORANDUM �GOM c0 P Gy NG�0 TO: Marlene Dawson Chair, Whatcom County Council FROM: Pete Kremen County Executiv DATE. December 17, 1999 SUBJECT: Veto of Lot Consolidation Ordinance Pete Kremen County Executive The intent of proposed Ordinance 99 -091 adopting amendments to the Whatcom County zoning text chapter 20.83 and 20.38, regarding nonconforming lots and lot consolidation, is laudable and commendable. Planning Division Manager Sylvia Goodwin has submitted the attached memorandum, pointing out serious problems in the working of Section 2.f.i on page 5, and Section 20.83.070 (1) f ii through iv and (2) f ii through iv, that would make the ordinance as written extremely difficult to administer. In addition, Sylvia has put forth language options that would alleviate these problem areas, and allow for clearer interpretation and administering of these amendments once they become law. With the holiday season and council break, if chose not to sign this proposed ordinance, it would become law on January 5, as written. The vetoing of this legislation allows a more expeditious means to readdress this language, than to have to amend it once it is enacted. I would like to work with the council to accomplish the intent of this proposed ordinance with regard to lot consolidation. I reluctantly exercise the veto power of the Whatcom County Executive, and respectfully return this proposed ordinance. I encourage the county council to reconsider this ordinance, and draft revisions that address the noted problems while achieving the council's laudable intent. Attachment cc: Members of the County Council Karen Frakes Sylvia Goodwin Office (360) 676 -6717 County (360) 384 -1403 FAX (360) 676 -6775 TDD (360) 738 -4555 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 TO: FROM: DATE: RE: Co �Y L .J o� INGC MEMORANDUM Pete Kremen, County Executive MICHAEL T. KNAPP, A.I.C.P. Director SYLVIA GOODWIN, A.I.C.P. Planning Manager Sylvia Goodwin, Planning Division Managerq 9� December 14, 1999 Lot Consolidation Ordinance ( t 0 E C 14 1999 PETE KHEEN COUNTY EXECUTIVE A final draft of the lot consolidation ordinance is attached, as amended by the County Council on December 7. 1 recommend that you strongly consider vetoing this ordinance, or as an alternative, that you withhold your signature and request that the County Council reconsider the ordinance at their next meeting. The amendments adopted by the County Council will make the'ordinance extremely difficult to administer. My specific concerns are as follows: 1. A new provision was added (2.f.i on page 5) that would exempt two lots from consolidation unless: "At least one of'the lots is incapable of adequate wafer, fire flow and county approved sewage system;" As this section is written, the burden is on the County to prove that a lot could not be served by water and a sewage system. Without conducting soil tests or drilling a well, it would be difficult to prove that any lot is "incapable" or obtaining water and sewage disposal. With sufficient engineering and technology, almost any lot could be served by some type of water and sewage disposal system, and a tank or pressure pump for fire flow, but it, may not be cost effective to do so. Allowing two small lots to be sold as separate lots without any certainty that they can be served by utilities could result in water quality problems or public expense to extend public water or sewer lines in the future. If the County wants to consider the availability of water and sewage disposal as a factor in deciding whether two lots will be consolidated, a better option would be: Establish a minimum lot size for rural areas, based on Growth Management Act goals and general water sewer system design guidelines. (The Planning Commission recommended two acres based on guidance provided by the Growth Management Hearings Board, but one acre would be consistent with the minimum lot size for cluster subdivisions, and is generally large enough for on- site water and sewer.); Office (3601 676 -6907 County (3601380-8100 FAX (360) 738 -2493 • Retain the Planning Commission language to consolidate lots which are smaller than the established minimum rural lot size (one or two acres), if they are outside an Urban Growth Area and meet all of the other criteria in the ordinance; and Add a new provision to 20.83.072 regarding lot consolidation relief to provide for administrative relief from consolidation if the applicant can demonstrate that an approved water supply and sewage disposal system can be provided for both lots. 2. The revised wording for 20.83.070 (1) f ii through iv and (2) f ii through iv would not ensure that there is a site large enough for a house to be built on each lot. As this section is now written, two lots would not be consolidated unless: "No buildable portion of one of the lots is located outside of the Lake Whatcom Watershed' (or the floodplain, alluvial fan hazard area, or shoreline.) If one of the lots was entirely within a floodplain or alluvial fan hazard area, and a sliver of the other lot was outside of the hazard area, the lots would not be consolidated. "Buildable portion" is not defined, so staff would have to determine how much land would need to be located outside of the floodplain or alluvial fan hazard area to avoid consolidation. Two better options for wording this section would be: Go back to the Planning Commission recommended language that "No portion of the lot is located within the Lake Whatcom Watershed' (or floodplain, alluvial fan hazard area, or shoreline), and add a new provision to allow for administrative relief from consolidation if the applicant can demonstrate that each lot has a building site located outside of the Lake Whatcom watershed, floodplain, alluvial fan hazard area or floodplain; or • Revise the wording of Sections (1) f) ii -iv and (2) f) ii -iv to read "Each lot has at least one building site no smaller than 1,500 square feet located outside of the Lake Whatcom Watershed (floodplain, alluvial fan hazard area, etc.)" With the two changes recommended above, the ordinance would follow the intent of the County Council and be much easier to interpret and administer. These revisions could be proposed as amendments next year, but it would take a full year from now to process them. A veto.or reconsideration at this time would be a more expeditious way to address this issue.