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HomeMy WebLinkAboutord2001-001WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -407 _ CLEARANCES 'ginator: Amy de Vera Pederson I aid Date r/ or Date Receivedin Council 0 me NOV 2 O 2000 WHATCOM COUNTY COUNCIL A enda Date Ass' nM to: 12/12/00 P & D / Council - Division Hand: Syron Goodwm Depmrimem Head: Hal H Hari Pronsemor: Karen£mkes It Pardasing/Budgen: Exaeuave: SUBJECT: An Ordinance to amend the Official Whalcom County Zoning Ordinance, Title 20, Chapter 20.89 — Density Transfer Procedure. ATTACHMENTS: Ordinance adopting proposed text amendments Planning Commission Recorded Motion Planning staff report SEPA review required? ( X ) Yes SEPA review completed? ( X ) Yes ( ) NO ( ) NO Should Clerk schedule a hearing? ( )Yes ( X ) NO Requested Dale: SUMMARYSTATEMENT: e request is to amend the official Whatcom County Zoning Ordinance, Title 20, i Chapter 20.89, to clarify the language of the Transfer of Development Rights (TDR) Program far administrative purposes, to include additional program incentives for program users, and to provide new mechanisms for designating additional TDR receiving areas. Distribution Request indicate those who shodd receive a ropy after Conoco action. List specie names to the right. ADS Fannies Management ADSFinanee ADS Humon Resaurees ADS Info Services Assessor Ammer Coapemam Frtemion D simst Court Executive Health Hearing Emmiaer Jill COUNCIL ACTION TAKEN: 2000 -407 1112812000: Introduced 12/12/2000: Held in committee 1/92001: Adopted 60, Imhof absent, Ord. 02001 -001 rRi lated File Numbers: ZON2000 -00012 Juvenile Parks Planning Salvia Goodwin Prosecutor Karen Frakes Public Works Sheriff Superior Court Treasurer Other O rdinance or Reso(utio NumMber (this item): 2W SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 11/28/2000 ORDINANCE NO. 2001 -001 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.891 TO CLARIFY THE LANGUAGE OF THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM FOR ADMINISTRATIVE PURPOSES, TO INCLUDE ADDITIONAL PROGRAM INCENTIVES, AND TO PROVIDE NEW MECHANISMS FOR DESIGNATING ADDITIONAL TDR RECEIVING AREAS WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, the SEPA Administrator for Whatcom County issued a Determination of Non- significance on October 10, 2000; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on October 26, 2000; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on November 9, 2000, and considered all testimony; and WHEREAS, the Council held a work session on Dec. 12 , 2000 to consider this matter; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 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. Revision and clarification of the TDR program is necessary to enable consistency and reliability in the administration of the TDR program. C \TEMP\ZON200000012 ORD.Eoc Page 1 CONCLUSIONS 1. Development and maintenance of a successful Transferable Development Rights Program will require additional monitoring and revision as the program becomes utilized more. NOW, THEREFORE, BE IT ORDAINED by the Whalcom County Council that: Section 1. The Official Whatcom County Zoning text is hereby amended as shown in Exhibit 1. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 9 day of January , 2001 . ATTEST: a iL Or Dana Brown-Davis. Clerk of the Couneil APPRO ED as to form a id rants rant, Civil Deputy Prosecutor Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON �Xar4del o6o nal Chair GO Approved () Denied Pete Kremen, Executive Date: /�/ t9� 1.�2 Planning Division \RUONE ning 20001ZON2000 -00012 ORD.doc Page 2 Staff Report November 9, 2000 12 Planning Division \Rezone\Zonina2000\ZON2000 -00012 Ex i doc Page 1 EXHIBIT 1: Proposed Amendments to Title 20, Chapter 20.89 — Density Transfer Procedure (As recommended by Planning Commission on November 9, 2000.) Sections: 20.89.010 Purpose. 20.89.020 Definitions. 20.89.030 General requirements. 20.89.040 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 development rights from one property to another. Where the applicable Comprehensive Plan policies and an appropriate overlay zone, or zoning map designation, provide the option for transfer of development rights TDRs , the rights shall be transferred consistent with the ehe.^,siVe Plan pelieias; the requirements of this chapter, and the requirements of the sending areas and receiving areas as defined in this chapter and identified Fnapped on the official Whatoom County zoning maps. The transfer of 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 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, the objectives of subarea plans and of this title, and implementation of the goals, policies, and actions plans of the Whatcom County Comprehensive Plan. 20.89.020 Definitions. .021 "Development rights" means the residential building rights permitted to a lot, parcel, or area of land based on under the rg oss base density established oursuant to the official of the Whatcom County zoning map and this title ^a.a^ ^ n^^ "mss title), and measured in maximum dwelling units per developable acre. Where land is impacted by critical areas, as defined in WCC Title 16, development potential shall be demonstrated by the owner with consideration given to opportunities for cluster development. In the t -`. any ==" flirt between the .022 "Sending areas and parcels" means undeveloped or partially developed areas, that -are designated on the official Whatcom County zoning map on this ^hapter, or by further action of the county council, as- ene -frem which are " appropriate to transfer development rights. A sending parcel or site is one that is located within a designated sending area. Staff Report November 9, 2000 12 Plannina Division \RezOne\ZOning20o0\ZON2000 -00012 Ex 1 doc Page 2 .023 "Receiving areas and parcels" means areas that are designated on the official Whatcom County zoning map ,.'-rthis ehapter, or by further action of the county council which are eligible asapprepAate for residential development beyond its their minimum gross base density through the transfer of development rights. AdditioRal Feepiv Rg "Fens May be A receiving parcef or site is one that is located within a receiving area. .024 "Base density, Fneans theRUFAbeFef dwell wup"��� .024_6 "Transfer units" means the additional number units of dwellings units allowed on a receiving parcel, over the minimum aross base density, through the use of transfer of development rights. 20.89.030 General requirements. .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, rnininwm lot coverage area peFdwa,;:,9-w4 building setbacksFainimum Wilding ding ' to n' , and minimum lot width and depth, the number of dwelling units permitted to be built upon a sending parcel may be 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 of Units. In any transfer of units, the sending parcel(s) may transfer all or a portion of its development rights to a receiving parcel or parcels- - or sell its development rights to an individual intermediate buyer, or entity. 20.89.040 Sending areas. .041 OesignationefSendftkFenq NI of the lands that has g 3 been SpeGifiGally designated .0412 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 -•� as sending areas. Such additional areas may be approved only through the process established for amendments to the official Whatcom County zoning map and pursuant to the procedures and requirements in Chapter 20.90 WCC, Amendments. Staff Report November 9, 2000 12 Planning Division \Rezone\Zoning2000\ZON2000 -00012 EX 1 doc Page 3 available. 20.89.050 Receiving areas. .0512 Designation of GtheF 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. (1) Designated Receiving Areas: Such additional areas may be approved enty through the process established for amendments to the official Whatoom County zoning map and pursuant #. +ke .,,^^nn „r« nnrl rcnwrem6nt3 in Chaoter 20.90 WCC, Amendments and densities pursuant to this chapter. 20.89.060 Procedures and requirements for certification and approval of transfer of development rights. .061 Certification for Future Sales or Transfer. A fetuFe TDR traasastien that is not associated with a pending development application and that is not proposeding -te for transfer SUGh deyelap Staff Report November 9, 2000 12 Plannina Division )Rezone)Zoning20o01ZDN2000 -00012 Ex 1 doc Page 4 title. .0632 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 wtey shall only be accepted for filing concurrently with an application for the associated development project pursuant to the requirements of the Whatcom County code. (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. _ .,. ..........+ +h, .0643 Submittal Requirements. All requirements for a TDR 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 rg_oss base density of the receiving and sending parcels as applicable; (4) A lot of record confirmation application: L 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; (6 6) A calculation of the number of units available to be transferred to 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. (7 6) Except for purposes of certification or transfer under WCC 20.89.061, all other submittal requirements for an application for the associated development project pursuant to the requirements of the Whatcom County code; and _A,\ ^ A ^`., 4F^ ^ ^ ^�. ^^ ^^ ^ ;,,, � I I I n x I......._..---_ _ (8) The planning and development services department may required the submission of other data, information, or drawings as deemed necessary to accomplish the purposes of this chapter. .0654 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 the Whatoom County code, Staff Report November 9, 2000 12 Planning Division \Rezone\Z2ning20001ZON2000 -00012 Ex 1 doc Page 5 except as exempted under WCC 20.89.061. 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. .0665 Requirements for Final Approval. Approval of a TDR permit 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 Whatoom County code, except as exempted under WCC 20.89.061; (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) and the serial numbers of the certified TDRs being transferred. (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, projects containing approved transfer units may be exempted from 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 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 TDR permit, the applicant shall be granted may-rnake ap4e a 25 percent reduction for all ether lot review fees required pursuant to the Whatcom County cede, uniform fee schedule excluding recording fees administered by the Whatcom County Auditor's Office. 9taff Report 00 • 00 000 November 9, 2000 Page 6 w be granted the from the minimum and 21 a 15 upon showing that such a reduction /increase will not adversely impact project residents, adjacent residents, or the character of the adjacent neighborhood. Any such reduction(ncrease is discretionary and shall be approved by the appropriate decision- making body in conjunction with its review of the TDR permit and project application. Proposed revisions to Title 20, Chapter 20.97 — Definitions: 1. 20.97.170 Gross density. "Gross density" means the number of dwelling units per unit of area_ For the Qaroel prior to the use of transferable development rights or a density bonus. Gross density shall be computed based on the total area of the parcel of record and shall include the area of adjoining road rights -of -way if the parent parcel is five acres or greater; however, adjoining road rights -of -way shall be excluded for parent parcels of less than five acres.