HomeMy WebLinkAboutord1990-045WHATCOM COUNTY COUNCIL AGENDA BILL N0. �3
ll E 0 E33 � (11] S D 3/13/90 Council Int
U
jJ L� 3/27/90 P &D /Council
[AAR 0 B 1990 4 19/90 lHearing in Pt. Roberts
1.5/1/90 Council work session
et Dir.-
WHATCOM COUNTY 5/7/90
COUNCIL e 5/8/90
Council spec. mtg.
Council meeting
SUBJECT: FILE REF: 04- 89:CZMT POINT ROBERTS SUBAREA ADOPTION
1. AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO
REVISE EXISTING PROCEDURES FOR TRANSFERRING RESIDENTIAL DENSITIES, PROVIDE DENSITY BONUSES
AS AN INCENTIVE FOR UTILIZING THE CLUSTER SUBDIVISION OPTION IN CERTAIN RESIDENTIAL ZONES
AND PLACE FURTHER RESTRICTIONS ON FUTURE SUBDIVISION OF RESERVE TRACTS IN CLUSTER
SUBDIVISIONS; AND TO CREATE A POINT ROBERTS SPECIAL DISTRICT OVERLAY ZONE
2. AN ORDINANCE ADOPTING THE TEXT AND MAPS OF THE POINT ROBERTS SUBAREA COMPREHENSIVE PLAN
AND ADOPTING THE OFFICIAL WHATCOM COUNTY TITLE 20 ZONING FOR THE POINT ROBERTS SUBAREA
ATTACHMENTS: Agency Report Proposed Comprehensive Plan Map and Text
Staff Report Proposed Title 20 Amendments
Draft Ordinances Background Document
Public Hearing Needed? Yes / / No / / OPTIONAL
`SUMMARY STATEMENT: Adoption of text and maps of the Point Roberts Subarea Comprehensive
Plan; implementation of the Plan with Title 20 zoning districts; revisions to existing
procedures for transferring residential densities, provision for density bonuses as an
incentive for using the cluster subdivision option in certain residential zones, placement
of additional restrictions on future subdivisions of reserve tracts in cluster subdivisions;
and creation of a Point Roberts Special District overlay zone.
RECOMMENDED ACTION: Council adoption of ordinances subject to revisions pursuant to input
received at a Council public hearing.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
5 -17 -90 Passed (both ordinances) 0010 -15.) -tV' / abe'c1 5S L w/ Vandclfa( f ga-Sey &","
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Related File Numbers: Ordinance or Resolution Number: 0 90 -45; 90 -46
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FILE REF: 04- 89:CZNT INTRODUCED BY: Consent
Second Draft PROPOSED BY: PLANNING
May 17, 1990 DATE: 2 -1q_Q9
ORDINANCE N0. 90 -45
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE
20, TO REVISE EXISTING PROCEDURES FOR TRANSFERRING RESIDENTIAL DENSITIES,
PROVIDE DENSITY BONUSES AS AN INCENTIVE FOR UTILIZING THE CLUSTER
SUBDIVISION OPTION IN CERTAIN RESIDENTIAL ZONES AND PLACE FURTHER
RESTRICTIONS ON FUTURE SUBDIVISION OF RESERVE TRACTS IN CLUSTER
SUBDIVISIONS; AND TO CREATE A POINT ROBERTS SPECIAL DISTRICT OVERLAY ZONE,
WHEREAS, the Whatcom'County Planning Agency is charged with updating and revising
earlier comprehensive plans in order to replace the Interim Zoning Ordinance with
the Official Whatcom County Zoning Ordinance, Title 20, and providing recommendations
for legislative action to the County Council; and
WHEREAS, the Whatcom County Planning Agency has reviewed the Point Roberts
Subarea through development of a Background Document that inventoried and analyzed
land use, transportation, community facilities, utilities, recreation, and
environmental features of the subarea while determining important economic and land
use related issues and developing a citizen participation process which has resulted
in suggested amendments to Title 20, the Official Whatcom County Zoning Ordinance;
and
WHEREAS, pursuant to RCW 36.70.590 and Council directive, legal notice was
published in the Westside Record Journal and the Lynden Tribune on July 12, 1989; in
the Bellingham Herald'on July 15, 1989; and in the Point Roberts All Point Bulletin
on June 26, 1989 for the July 26, 1989 Planning Commission hearing; and
WHEREAS, the Whatcom County Planning Commission held a public hearing on the
proposal on July 26, 1989 which was continued to September 12, 19,89 and held open for
written testimony until September 29, 1989; and
WHEREAS, the Planning Commission conducted work sessions on November 8, November
15, November 21, November 29, December 6, December 13, and December 19, 1989 and on.
January 9; January 16, January 23, and January 30, 1990, resulting in findings and
recommendations to the Council; those findings are summarized in the attached Planning
Agency Report, Exhibit "C ", dated January 30, 1990, and incorporated herein by
reference; and
WHEREAS, pursuant to WAC.197 -11 and WCC 16.08 the Deputy SEPA Official issued
a Determination of Significance and a Scoping Notice on May 10, 1989; Scoping was
closed on June 9,.1989; and a Draft Environmental Impact Statement was written and
published by the Whatcom County Planning Department on January 12, 1990; and
WHEREAS, subsequent to Planning Commission action on the proposal, a public
hearing on the adequacy of the EIS was requested by 50 petitioners; said hearing was
held by the Whatcom County Hearing Examiner on February 27, 1990; and the Final EIS
was published on March 30, 1990;.and
WHEREAS, the Whatcom County Council has reviewed the Planning Agency's Findings,
Reasons, and Motion; and
WHEREAS, the Whatcom County Council at their regular meeting on March 13, 1990,
set a public hearing for April 19, 1990, to allow for additional public input; and
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FILE REF: 04 -85 'MT
Page 2
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Westside
Record Journal and the Lynden Tribune on March 21, 1990 and in the Point Roberts All
Point Bulletin on March 30, 1990 for the April 19, 1990 hearing; and
WHEREAS, the Council held a public hearing on April 19, 1990 where testimony was
received, and there was discussion among the Council at the Council Committee of the
Whole meeting on May 1, 1990, and the Council held a Special Meeting on May 7, 1990
where certain motions were passed to adopt the proposed zoning text amendments with
revisions; and
WHEREAS, at a Council Special Meeting on May 17, 1990 the Council made a final
decision to adopt the adopt the proposed zoning text amendments with the attached
revisions;
NOW THEREFORE BE IT ORDAINED BY THE.WHATCOM COUNTY COUNCIL:
1. Zoning Text: Title 20, the Official Whatcom County Zoning Ordinance is hereby
amended to read as set forth in Exhibit "A" and the text revisions in Exhibit
"B" which are attached hereto and incorporated herein by reference.
2. Validity: 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.
3. The Council finds the public health, safety and general welfare are promoted by
this change.
PASSED.this .17th day of May 1990.
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
Robert A. rmichae
Civil Deputy Prosecuting Attorney
WHATCOM COUNTYNCIL
gHAT. OM COUNTY SHINGTON
ld G. Wansgy, Chairpe
(✓f APPROVED ( ) VETOED
Shirley Van Z nten, q§oty Executive
Date 5 - / g -90
TITLE 20
As adopted by Council May 17, 1990
New Chapter: - EXHIBIT A
CHAPTER 20.72
PT. ROBERTS SPECIAL DISTRICT
Ordinance #90 -45 -- EXHIBIT A
POINT ROBERTS SPECIAL DISTRICT
20.72.010 PURPOSE
Point Roberts is a unique area of Whatcom County because of its relatively small size, its mixed urban /rural
character, its past development pattern, its relative isolation and the constraints on normal growth patterns
caused by the impact of access only via an international border crossing. This uniqueness creates potential
problems with direct application of other zone districts within this title. The Point Roberts special district is
an overlay zone which will impose additional controls and create opportunities not available in the underlying
zone districts to fit them to the needs of Point Roberts.
This district is designed to protect the unique character of Point Roberts while allowing for more efficient
opportunities for growth and more equitable value on property through transfer of development rights.
20.72.020 APPLICATION
.022 Area and Applicabilitx
The Point Roberts Special District is an overlay, zone which covers the entire geographic area of Point
Roberts. Any regulations contained herein which are more restrictive than those in the underlying zone
districts or in the Shoreline Management Program shall apply. Opportunities, or lesser restrictions, such as
increased densities through transfers of development rights shall also override the requirements of the
underlying zone. However if the provisions of this chapter conflict with the provisions of the Shoreline
Management Program, then the most restrictive shall apply.
20.72.050 PERMITTED USES
All permitted uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter.
20.72.100 ACCESSORY USES
All accessory uses in the underlying zone districts are permitted as accessory uses.
20.72.150 CONDITIONAL USES
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly prohibited
by this chapter. In addition, the following uses shall only be conditionally permitted:
.151 Hotels, motels and time share condominiums.
.152 Surface and subsurface mining including the extraction of sand and gravel shall be conditionally
permitted in the Rural zone under the provisions set forth in 20.36.150 with the added provisions
that in order to protect the nonrenewable resources of Point Roberts and to assure future availability
of these resources for development projects at Point Roberts the Hearing Examiner shall find that
the sand and gravel being extracted pursuant to this section shall be used only for a specific
identified project(s) at Point Roberts.
TITLE 20 .
As adopted by Council May 17, 1990
CHAPTER 20.72
PT, ROBERTS SPECIAL DISTRICT
Ordinance #90 -45 -- EXHIBIT A
.1.53 In the Resort Commercial district in the Point Roberts Marina area east of and outside the
boundaries of the property subject to the approvals granted under MDP 1 -75, the following uses are
conditionally permitted only:
(1) Dry boat storage including stacked storage and boat trailer storage.
(2) Commercial sales of goods or services primarily related to boating not to exceed a total of
20,000 square feet of gross floor area.
(3) Manufacture and repair of boats provided that total floor area for such use shall not exceed
10,000 square feet.
(4) Other light manufacturing uses associated with marina facilities not to exceed a total of
20,000 square feet of gross floor area for the, district, and provided no single use exceeds
4,000 square feet of gross floor area, and further provided the performance standards of
the district (WCC 20.64.700) are met.
(5) One residential unit for owner, manager, or caretaker when part of a building in which an
approved use is located.
(6) Greenhouse and nursery facilities.
20.72.200 PROHIBITED USES
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited:,
.201 Service stations in all zones.
.202 The following uses are prohibited in the Resort Commercial zone_ district in the Maple Beach area
of Point Roberts:
(1) Rooming houses
(2) Taverns
(3) Commercial parking lots or garages
.203 Neighborhood grocery stores are prohibited in the Rural zone.
.204 In the Resort Commercial district in the Point Roberts Marina area east of and outside the
boundaries of the property subject to the approvals granted under MDP 1 -75 all uses not
conditionally permitted in 20.72.153 are prohibited.
20.72.250 MINIMUM LOT SIZE
.251 . Where the cluster subdivision option is used to preserve an environmentally sensitive area, a parcel
size reduction of 5% where average parcel size (except the reserve tract) is less than 10,000 square
feet and 10% where average parcel size (except the reserve tract) is 10,000 square feet or more
may be granted only if the resultant lots are able to meet the applicable development standards of
this Title and other County ordinances, including setbacks and minimum reserve tract area.
20.72.260 MAXIMUM DENSITY
.261 Except as modified by this chapter all residential densities in the General Commercial and Resort
Commercial zones shall not exceed eight (8) units per acre.
CHAPTER 20.72
TITLE 20 PT. ROBERTS SPECIAL DISTRICT
As adopted by Council. May 17, 1990 Ordinance #90 -45 -- EXHIBIT A
.262 Densities may be increased using the cluster subdivision option as provided for in the text of the
applicable Title 20 zone districts.
.263 Where the cluster subdivision option is used to preserve an environmentally sensitive area, an
additional density bonus of 5% where average size of parcels in the cluster subdivision (excluding
the reserve tract) is less than 10,000 square feet and 10% where average parcel size (except the
reserve tract) is 10,000 square feet or more may be granted only if the resultant lots are able to
meet the applicable development standards of this Title and other County ordinances, including
setbacks and minimum reserve tract area.
20.72.270 SUBDIVISION REQUIREMENTS
.271 The UR -3 and R -10A zone districts south of APA Road between Paul's Road and the Boundary
Heights subdivision shall apply only for the purposes of a Planned Unit Development pursuant to
WCC 20.85. The zoning shall be R -5A for the purpose of creation of any additional parcels utilizing
any other method.
20.72.350 BUILDING SETBACKS /BUFFER AREAS
Building setbacks along Tyee Drive are increased to fifty (50) feet. In existing treed areas along Tyee Drive
a fifty (50) foot vegetative buffer comprised of existing trees shall be maintained except for'necessary ingress
and egress points.. In. open areas a fifty (50) foot planted buffer shall be developed as part of the normal
landscape requirements for site development.
20.72.400 HEIGHT LIMITATIONS
.401 The maximum building height in all zones shall be twenty -five (25) feet unless further restricted by
the Whatcom County Shoreline Management Program or the requirements of an adopted character
plan. Height of structures shall also conform to the general requirements of WCC 20.80.675 where
applicable.
.402 Through the conditional use permit process, the maximum building height for any use may be
increased to forty-five (45) feet under the following conditions:
(1) The resultant higher structure will not unreasonably impede views from other properties any
more than would a similar structure of the same mass which conforms to the twenty -five
(25) foot maximum building height.
(2) Building setbacks pursuant to this chapter and WCC.20.80.200 shall be increased by one
foot for each foot of building height in excess of twenty -five (25) feet as applicable to all
setbacks.
20.72.650 DEVELOPMENT STANDARDS
.651 . Facility Design
(1) All structures or developments other than a single family home on an individual lot shall
conform to the requirements of an adopted character plan if such a plan is in place.
(2) . Manufactured housing on individual lots shall also be subject to any design standards
established in a character plan. In lieu of such a plan, manufactured homes shall be a
minimum of twenty (20) feet wide, shall be installed on a permanent foundation, skirted to
TITLE 20
As adopted by Council May 17, 1990
CHAPTER 20.72
PT, ROBERTS SPECIAL DISTRICT
Ordinance #90 -45 -- EXHIBIT A
the ground and shall be in compliance with all applicable requirements of the Uniform
Building Code as adopted by Whatcom County.
.652 Areas of Special Significance: Tree Retention
Section preamble. Point Roberts contains a unique forest habitat which supports a number of unusual or
rare animal species. Lily Point at Point Roberts is recognized as a significant Native American burial ground
and a place of special natural, spiritual, cultural, and archaeological significance; the cliffs at Lily Point are
dangerously unstable. Permitted development at Point Roberts should take into account its unique forest
habitat, and permitted development at Lily Point shall be consistent with its special significance.
In addition to compliance with all other landscaping requirements of this Title and other titles of the
Whatcom County Code, development other than a single family house on an individual lot must comply with
the following provisions:
(1) The applicant shall retain existing trees over eight inches in caliper as measured four feet
above ground level to the maximum extent feasible. The County shall require site plan
alterations to achieve maximum tree retention.
(2) Existing vegetation may be used to meet all or part of the landscaping requirements of this
Title.
(3) If any vegetation designated for retention is damaged or destroyed through the fault of the
applicant, agent or successor, the applicant, his agent or. successor shall restore the site
pursuant to a restoration plan approved by the County.
(4) The County may require a bond or other security to guarantee retention of existing trees
during construction. In the event any trees designated by the County to be retained are
removed, the County shall have the option of enforcing any bond posted, or require
additional trees which may be in excess of those previously in existence.
(5)" Any primary development permits, clearing permits, conversion plans, or logging operations
shall require, as part of the permit, an approved logging plan designed to preserve as
reasonably feasible the area's woodland character. Standards for such permits may be
approved by Council resolution.
(6) For 180 days after the effective date of this ordinance, no tree removal shall be permitted
within the heron rookery proper nor within a buffer located 200 meters from its outer
perimeter.
(7) Buffering which recognizes the need for safety and the unique features of Lily Point shall
be required on the Point and in such areas no development shall take place.
.653 Site Design/View Corridors
All structures or developments other than a single family home on an individual lot shall conform
to any requirements of an adopted character plan if such a plan is in place. In lieu of a character
plan scenic views shall be considered in all developments and the site plan designed to ensure view
access Is maximized consistent with reasonable development of the site.
.654 Public Restrooms and Trash Facilities
All commercial establishment on Point Roberts that are open to the public shall make adequate
provision for handicapped accessible public restrooms and trash disposal. Establishments with less
than four employees on premises at one time may utilize a unisex facility. Commercial complexes
TITLE 20
As adopted by Council May 17, 1990
CHAPTER 20.72
PT. ROBERTS SPECIAL DISTRICT
Ordinance #90 -45 -- EXHIBIT A
may provide common restrooms and /or trash disposal, or two or more establishments in one
commercial area may jointly provide for such facilities, subject to appropriate agreements or
covenants to insure the facilities are available and properly maintained.
.655 Vehicular Access
Driveways and curb cuts shall be minimized along all collector roads. Each existing lot shall be
allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In
new developments lots or leased sites shall be oriented toward internal driveways, parking areas, .
or roads, with limited access to collector roads. These access points should normally not be closer
than four hundred (400) feet apart.
In the General Commercial area at the intersection of Tyee Drive and Benson Road one additional
access on Tyee Drive and one additional access on Benson Road shall be allowed for the area
north of Benson Road and one each for the area south of Benson Road. Existing businesses shall
be encouraged to reorient to an internal circulation pattern as it develops. Where a fragmented
ownership pattern precludes use of a parcel prior to an internal circulation system being.developed
an applicant may be given a temporary access easement to Tyee Drive or Benson Road subject to
entering into an agreement to provide future right -of -way or easements and fair share development
funds which will allow internal circulation for the commercial area. Circulation for each area may
be by dedicated public streets built by a local improvement district or other. methods or it may be
private internal circulation through a common parking lot.
.656 Non- Vehicular Access
(1) Other than a single family house on an individual lot, commercial development of any parcel
along a collector street shall .require appropriate street improvements along the road
frontage of the parcel including curbs, gutters, and sidewalks and appropriate provision for
bicycle and equestrian facilities in accordance with applicable Comprehensive Plan policies
and land use regulations. At the discretion of the Division of Engineering, funds may be
provided in lieu of development. This requirement may be waived if a Local Improvement
District, Road Improvement District, or Transportation Benefit District is formed for the
purpose of providing the aforementioned improvements:
(2) Other than a single family house on an individual lot, commercial development of any parcel .
along a collector street shall require a no protest agreement to participate in a Local
Improvement District, Road Improvement District, or Transportation Benefit District.
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 1
Ordinance #90-45 — EXHIBIT B
NOTE: New text is highlighted, current text to be deleted is lined out.
TITLE 20 CLUSTER REVISIONS,
20.20 URBAN RESIDENTIAL DISTRICT
20.20.300 LOT CLUSTERING AND RESERVE TRACT
.3if 40 Lot Clustering
The purpose of lot clustering is to provide an alternative method of creating economical
building lots with spatially efficient sizes. Clustering is intended to reduce development cost,
increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry,
open space or possible future development.
The creation of new building lots, pursuant to this section, shall be governed by the following
recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision
process. Amended per WCC 20.04.080(1)(ff)]
(2) Building lots should be designed and located to the fullest extent possible to be compatible w_ ith
valuable or unique natural features, as well as physical. constraints of the site.
(3) Where practical, the majority of building sites should be arranged in a cluster or concentrated
pattern ,to be compatible with physical site features, allow for the efficient conversion of the
"reserve tract" to other uses in the future, and have no more than two common encroachments
on existing county roads. The arrangement of clustered building lots is intended to discourage
development forms commonly known as linear, straight -line or highway strip patterns.
(4) Common access to clustered building lots should be provided by short length roads or loop
roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for
the purpose of future approved development.
.320 Reserve Tract
For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision
or short subdivision which is intended for agricultural, forestry, open space or future development
purposes. All "reserve tract" created through the subdivision process shall be subject to the following
provisions:
(1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract" may be retained
by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.
TITLE 20 REVISIONS Page 2
Adopted by Council May 17, 1990 Ordinance #90-45 — EXHIBIT B
(2) The "reserve tract" may be considered as a building lot, provided that such lot is included in
the overall density calculation of the original parcel of record.
■
M shall Ret be. fuFtheF subdivided
uFAI swel; time that the DistFlet i1a ehaRged
r ■ us
eligible
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the original parcel of record, based on the assigned
density, shall also be prominently displayed on. the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such. information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan.
20.22 URBAN RESIDENTIAL MEDIUM DENSITY DISTRICT
20.22.300 LOT CLUSTERING AND RESERVE TRACT
.3" Lot Clustering
The purpose of lot clustering is to provide an alternative method of creating economical
building.lots with spatially efficient sizes. Clustering is intended to reduce development cost,
increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry,
open space or possible future development.
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 3
Ordinance #90-45 — EXHIBIT B
The creation of new building lots, pursuant to this section, shall be governed by the following
recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision
process.
(2) Building lots should be designed and located to the fullest extent possible to be compatible with
valuable or unique natural features, as well as physical constraints of the site.
(3) Where practical, the majority of building sites should be arranged in a cluster or concentrated
pattern to be compatible with physical site features, allow for the efficient conversion of the
"reserve tract" to, other uses in the future, and have no more than two common encroachments
on existing county roads. The arrangement. of clustered building lots is intended to discourage
development forms commonly known as linear, straight -line or highway strip patterns.
(4) - Common access to clustered building lots should be provided by short length roads or loop
roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for
the purpose of future approved development.
.320 Reserve Tract
For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision
or short subdivision which is intended for agricultural, forestry, open space or future development
purposes. All "reserve tract' created through the subdivision process shall be subject to the following
provisions:
(1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract' may be retained
by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.
(2) The "reserve tract' may be considered as a building lot, provided that such lot is included in
the overall density calculation of the original parcel of record. If the "reserve tract' is not
included in the overall density calculation, it can only be developed with an open space use
allowed by WCC 20.22.050. [Amended per WCC 20.04080(1)(h)]
x
u shall Fiet be iunheF subdivided
until sueh time that the DistFiGI is ehaRged
x " is
densities,
eligible
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 4
Ordinance #90-45 — EXHIBIT B
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the, original parcel of record, based on the assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan.
20.32 RESIDENTIAL RURAL DISTRICT
20.32.250 MAXIMUM DENSITY, MINIMUM. LOT SIZE AND WIDTH
.251
For the purpose of creating new building lots within the Residential -Rural District, several land use
densities are provided. The minimum lot size°rrequirements for new
:.... .......::::....:..::....:......
construction vary according to the method of subdivision and whether or not public sewer and /or
water is available, as well as whether stormwater.collettion and retention facilities, where identified
by the appropriate subarea comprehensive plan policies, serve the project site. Where the
conventional subdivision method is used to create new building lots, the minimum lot size shall be
one (1) acre or, if public sewer and /or water, and where specified in the comprehensive plan,
stormwater drainage facilities are provided, the minimum lot size shall be 36,000 square feet for RR1
or 18,000 square feet for RR2 areas or 12,000 square feet for RR3 areas. The lot cluster subdivision
method only shall be used if public sewer and /or water are provided, and then the minimum lot size
is based on the District's setback requirements (WCC 20.80.200) and the Whatcom County Health
Department regulations for on -site septic disposal, but shall not be less than that shown below.
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 5
Ordinance #90-45 — EXHIBIT B
.25� Maximum Dens'�ty and Minimum Lot Size
DISTRICT MINIMUM RESERVE AREA (CLUSTER SUBDIVISIONS)
RR -1 40%4`0:'
20.32.300 LOT CLUSTERING AND RESERVE TRACT
.30848 Lot Clustering
The purpose of lot clustering is to provide an alternative method of creating economical
building lots with spatially efficient sizes. Clustering is intended to reduce development cost,
increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry,
open space or possible future development.
The creation of new building lots, pursuant to this section, shall be governed by the following
recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision
process.
(2) Building lots should be designed and located to the fullest extent possible to be compatible with
valuable or unique natural features, as well as physical constraints of the site.
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
. Page 6
Ordinance #90-45 – EXHIBIT B
(3) Where practical, the majority of building sites should be arranged in a cluster or concentrated
pattern to be compatible with physical site features, allow for the. efficient conversion of the
"reserve tract' to other uses in the'future, and have no more than two common encroachments
on existing county roads. The arrangement of clustered building lots is intended to discourage
development forms commonly known as linear, straight -line or highway strip patterns.
(4) Common access to. clustered building lots should be provided by short length roads or loop
roads. In addition, interior streets shall be designed to allow access to the "reserve tract' for
the purpose of future approved development.
.320 Reserve Tract
For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision
or short subdivision which is intended for agricultural, forestry, open space or future development
purposes. All "reserve. tract" created through the subdivision process shall be subject to the following
provisions:
(1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract' may be retained
by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.
(2) The "reserve tract" may be considered as a building lot, provided that such lot is included in
the overall density calculation of the original parcel of record.
(a) — The - "Fesenviraet"
hall � be f,.h��,�„ wide. Atil r., h time that
�r�urr� ova v�vrn `c�- vvvvr��o co vnsrrua cn
vcr�vr-rri, ca
the D- + ; t . mssed
r x
is
BF until ea0h f
densities,
eligible
.
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (If any) with the original parcel of record, based on the assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or 'reserve lots.'
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 7
Ordinance #90-45 — EXHIBIT B
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan. [Adopted per WCC 20.04.080(1)(a)]
20.34 RESIDENTIAL RURAL ISLAND- DISTRICT
20.34.300 LOT CLUSTERING AND RESERVE TRACT
.3f><548 Lot Clustering
The purpose of lot clustering is to provide an alternative method of creating economical
building lots with spatially efficient sizes. Clustering is intended to reduce development cost,
increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry,
open space or possible future development.
s. ..... l .i i�t i�ir#arrt
The creation of new building lots,. pursuant to this section, shall be governed by the following
recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision
process.
(2) Building lots should be designed and located to the fullest extent possible to be compatible with
valuable or unique natural features, as well as physical constraints of the site.
(3) Where practical, the majority of building sites should be arranged in a cluster or concentrated
pattern to be compatible with physical site features, allow for the efficient conversion of the
"reserve tract" to other uses in the future, and have no more than two common encroachments
on. existing county roads. The arrangement of clustered building lots is intended to discourage
development forms commonly known as linear, straight -line or highway strip patterns.
(4) Common access to clustered building lots should be provided by short length roads or loop
roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for
the purpose of future approved development.
.320 Reserve Tract
For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision
or short subdivision which is intended for agricultural, forestry, open space or future development
purposes. All "reserve tract" created through the subdivision process shall be subject to the following
provisions:
TITLE 20 REVISIONS Page 8
Adopted by Council May 17, 1990 Ordinance #90-45 — EXHIBIT B
(1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract" may be retained
by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.
(2) The "reserve tract" may be considered as a building lot, provided that such lot is included in
the overall density calculation of the original parcel of record.
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the original .parcel of record, based on the assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan.
20.36 RURAL DISTRICT
20.36.250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH
.251 For the purpose of creating new building lots within the Rural District,'several land use densities are
herein provided. The minimum lot size[d#3;equirements 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 (2), five (5) or ten (10) acres. Where the
lot cluster subdivision method is used, the minimum lot size is based on the consideration of the
" M as
eligible
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the original .parcel of record, based on the assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan.
20.36 RURAL DISTRICT
20.36.250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH
.251 For the purpose of creating new building lots within the Rural District,'several land use densities are
herein provided. The minimum lot size[d#3;equirements 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 (2), five (5) or ten (10) acres. Where the
lot cluster subdivision method is used, the minimum lot size is based on the consideration of the
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 9
Ordinance #90-45 — EXHIBIT B
District's setback requirements (WCC 20.80.200) and the Whatcom County H
.2523 Maximum Density and Minimum Lot Size
20.36.300 LOT CLUSTERING AND RESERVE TRACT
.309#8 Lot Clustering
The purpose of lot clustering is to provide an alternative method of creating economical building
lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase
energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open
space or possible future development.
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 10
Ordinance #90-45 — EXHIBIT B
The creation of new building lots, pursuant to this section, shall be governed by the following
recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision
process.
(2) Building lots should be designed and located to the fullest extent possible to be compatible with
valuable or unique natural features, as well as physical constraints of the site.
(3) Where practical, the majority of building sites should be arranged in a cluster or concentrated
pattern to be compatible with physical site features, allow for the efficient conversion of the
"reserve tract" to other uses in the future; and have no more than two common encroachments
on existing.county roads. The arrangement of clustered building lots is intended to discourage
development forms commonly known as linear, straight -line or highway strip patterns.
(4) Common access to clustered building lots should be provided by short length roads or loop
roads. In addition, interior streets shall be designed to allow access to the "reserve tract' for
the purpose of future approved development.
.320 Reserve Tract
For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision
or short subdivision which is intended for agricultural, forestry, open space or future development
purposes. All "reserve tract' created through the subdivision process shall be subject to the following
provisions:
(1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract" may be retained
by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.
(2) The "reserve tract" may be considered as a building lot, provided that such lot is included in
the overall density calculation of the original parcel of record.
N
X
deMity,
p
11
1
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 11
Ordinance #90-45 — EXHIBIT B
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the original parcel of record, based on the assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan. [Amended per WCC 20.04.080(1)(a)]
20.42 FORESTRY DISTRICT
20.42.300 LOT CLUSTERING AND RESERVE TRACT
3ta9 Lot Clustering
I The purpose of lot clustering is to provide an alternative method of creating economical
building lots with spatially efficient sizes. Clustering is intended to reduce development cost,
increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry,
open space or possible future development.
The creation of new building lots, pursuant to this section, shall be governed by the following
recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision
process.
(2) Building lots should be designed and located to the fullest extent possible to be compatible with
Valuable or unique natural features, as well as physical constraints of the site.
(3) Where practical, the majority of building sites should be arranged in a cluster or concentrated
pattern to be compatible with physical site features, allow for the efficient conversion of the
"reserve tract" to other uses in the future, and have no more than two common encroachments
on existing county roads. The arrangement of clustered building lots is intended to discourage
development forms commonly known as linear, straight -line or highway strip patterns.
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 12
Ordinance #90-45 — EXHIBIT B
(4) Common access to clustered building lots should be provided by short length roads or loop
roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for
the purpose of future approved development.
.320 Reserve Tract
For the purposes of this Section, "reserve tract" is defined as that portion of a proposed subdivision
or short subdivision which is intended for agricultural, forestry, open space or future development
purposes. All "reserve tract" created through the subdivision process shall be subject to the following
provisions:
(1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract" may be retained
by the subdivider, conveyed to residents of the subdivision or conveyed to a third parry.
(2) The "reserve tract" may be considered as a building lot, provided that such lot is included in
the overall density calculation of the original parcel of record.
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the original parcel of record, based on the assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan. [Amended per WCC 20.04.080(1)(a)]
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
20.64 RESORT COMMERCIAL DISTRICT
20.64.300 LOT CLUSTERING AND RESERVE TRACT
3f1 Lot Clustering
Page 13
Ordinance #90-45 — EXHIBIT B
The purpose of lot clustering is to provide an alternative method of creating economical
building lots with spatially efficient sizes. Clustering is intended to reduce development cost;
increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry,
open space or possible future development.
gene-
The creation of new building lots, pursuant to this section, shall be governed by the following
recommended design standards:
(1) Clustered building lots may be created only through the subdivision or short subdivision.
process.
(2) Building lots should be designed and located to the fullest extent possible to be compatible with
valuable or unique natural features, as well as physical constraints of the site.
(3) Where practical, the majority of building sites should be arranged in a cluster or concentrated
pattern to be compatible with physical site features, allow for the efficient conversion of the
"reserve tract" to other uses in the future, and have no more than two common encroachments
on existing county roads. The arrangement of clustered building lots is intended to discourage
development forms commonly known as linear, straight -line or highway strip patterns.
(4) Common access to clustered building lots should be provided by short length roads or loop
roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for
the purpose of future approved development.
.320 Reserve Tract
For the purposes of this Section, "reserve tract' is defined as that portion of a proposed subdivision
or short subdivision which is intended for agricultural, forestry, open space or future development
purposes. All "reserve tract' created through the subdivision process shall be subject to the following
provisions:
(1) After a site is initially subdivided pursuant to this Chapter, the "reserve tract' may be ietained
by the subdivider, conveyed to residents of the subdivision or conveyed to a third party.
(2) The "reserve tract" may be considered as a building lot, provided that such lot is included in
the overall density calculation of the original parcel of record.
N N
density,
M 11
OF until
eaeh
TITLE 20 REVISIONS
Adopted by Council May 17, 1990
Page 14
Ordinance #90-45 — EXHIBIT B
(4) The purpose of the reserve tract as stated in Section .320, Paragraph 1, 2 and 3 shall be
communicated in writing on the face of the plat or short plat. The number of developable
building sites remaining (if any) with the original parcel of record, based on the. assigned
density, shall also be prominently displayed on the plat or short plat. Whatcom County shall
make every effort to assist all agents in communicating clearly such information to all
purchasers and prospective purchasers of building lots or "reserve lots."
(5) That the above stated requirements (2) to (4) shall be recorded as a deed restriction at the time
of filing of the final plat or short plat, and shall constitute an agreement between Whatcom
County and the owner of record. Said deed restriction may be amended by mutual agreement
between said parties after review for consistency and compliance with the Official Whatcom
County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Plan.
TITLE 20 REVISIONS Page 15
Adopted by Council May 17, 1990 Ordinance #90-45 — EXHIBIT B
DENSITY TRANSFER PROCEDURE
M "r.,ICTP M.
MZYMM M LUPINFATATO
I me:
The deRsky
!FaRSfgr.
W-b-MA-AM Multo faFAily !FaGts shall be Implemented through the fil"Ro
(2)
FeGeFded, iKeYeGable
Of a
deed The deed --hall 'gd1r,;ata thig !FaGtS the
FeStRie4leR. Wkh
deRsky tFand%
the AUFAbeF
Of FRUMI family "elliFigs.FemalpiRg OR 4W #W(o fFeR; Whir.1; SUGh
unks 1;&;e beeR
be alleGated
trmsfe.FFed,
te the !FaG!(s)
and ihe GeFFespdRdiR@ iRGFease IR addk'Mal Multi family ui;ks tG
FeGeiving the addR.leRal deRSIty.
TITLE 20 REVISIONS Page 16
Adopted by Council May 17, 1990 Ordinance #90-45 — EXHIBIT B
*-%:::::: ................................ ............ ............. ......... . .....
ROMM
.... ... . .. . ....
...........................
............... ...
.....................
9%3.9 "P * ....................... ... ........
............... . ....... ..
. .. ..... ........
......... pq 4`6 . n ........... ft ...... ...................
................... .. I .
.................... ...
...........
0 W1
01 M
...... . . . .......................................................... ......................
. ......... ................. ........
. ... . ...
..
.......... ..... ..............
.... v 6 a v. .
.............
.................. ...... .. ... d ....... .. .. ..... ........ .................. `*'-'."-:-:
............
.. ... .. ..
...........
..imw
'"Wed
::;:.;
r € €. y --i M...
.............
re -e
TITLE 20 REVISIONS Page 17
Adopted by Council May 17, 1990 Ordinance #90-45 — EXHIBIT B