HomeMy WebLinkAboutord2001-014WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -129
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Agenda Date
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MAR 2' 7 2001
WHATCOM COUNT
COUNCIL
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Introduction
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Dept Head: Hd H. Hart, interior
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Pr awr: Karen Frokes
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SUBJECT: Amending the Official Whatcom County Zoning Ordinance, Title 20, to add a new section to Chapter 20.36 Rural
District regarding Cluster Subdivisions. Ali
ATTACHMENTS:
1. Proposed Ordinance's
1. Agency Report
3. Staff Report -
4. Planning Commission Minutes
SEPA review required? ( X )Yes ( ) NO
SEPA review completed? ( X )Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
Requested Date:
SUMMARY STATEMENT.' The request is to amend the official Whatcom County
Zoning Ordinance, Title 20, Chapter 20.36 Rural District to clearly define the
formula for calculating the number of lots in a cluster subdivision in the Rural
^+stria and provide greater flexibility for locating cluster lots within a rural
onivision which covers more than one zoning district.
Disnibullon RequmY
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COUNCIL ACTION TAKEN •
2001- 129 41312001: Introduced
4/17/2001: Amended and adopted 6-0, Cmwford absent, Ord.
#2001 -014
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Related File Numbers: File #ZON2000 -00017
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Parks
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Hal Hart
Pro ecmor
Public Works
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Superier Court
Treasurer
Other
Ordinance or Resolutio Numberl.��
(this item):
SPONSORED BY: PDS
PROPOSED BY: PDS
INTRODUCTION DATE: 4/3/2001
ORDINANCE NO. 2001 -014
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ADD A
NEW SECTION TO CHAPTER 20.36 RURAL DISTRICT TO CLEARLY DEFINE THE FORMULA
FOR CALCULATING THE NUMBER OF LOTS IN A CLUSTER SUBDIVISION AND PROVIDE
GREATER FLEXIBILITY FOR LOCATING CLUSTER LOTS WITHIN A RURAL SUBDIVISION
WHICH COVERS MORE THAN ONE ZONING DISTRICT.
WHEREAS, prior to 1977 cluster subdivisions in rural areas were commonly developed as
Planned Unit Developments (PUDs); and
WHEREAS, when a subdivision covered more than one zoning district, the total number of
lots were calculated based on the acreage in each district and the lots could be located anywhere
on the parcel; and
WHEREAS, the provision to allow PUDs outside of Urban Growth Areas was repealed in
1977, so there is no longer a provision in the code to address cluster subdivisions that cover more
than one zoning district; and
WHEREAS, the proposed zoning amendment provides a mechanism to approve a cluster
subdivision in two rural zoning districts without using a PUD; and
WHEREAS, the Deputy SEPA Official for Whatcom County issued a Mitigated Determination
of Non - significance on February 15, 2001; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on February 8, 2001; and
WHEREAS, the Planning Commission recommended amending Chapter 20.36 to add
language for clearly defining the formula for calculating the number of lots in a cluster subdivision
and provide greater Flexibility for locating cluster lots within a rural subdivision which covers more
than one zoning district; and
WHEREAS, the County Council finds this text amendment in the best interest of the public
health, safety and welfare, based on the following findings and conclusions:
FINDINGS
Legal
notice for a public hearing was
published
in the Bellingham Herald on February 8,
2001.
2. A determination of non - significance was issued under the State Environmental Policy Act
(SEPA) on February 15, 2001.
Page 1
3. A public hearing was held by the Planning Commission on February 22, 2001 and all
testimony was considered.
4. Cluster development in Rural areas is an effective way to preserve open space, rural
character and protect critical areas and resource lands.
5. The amendment would clearly define the formula for calculating the number of lots in a
cluster subdivision in the Rural District and provide greater flexibility for locating cluster lots
within a Rural subdivision which coves more than one zoning district.
6. Transfer of density from an R2A District to an adjacent R5A or R1 OA District could conflict
with lower density rural uses or result in higher density development in areas where soils or
infrastructure are less suitable for development.
7. The design standards in the amended proposal, attached as Exhibit A, will preserve rural
character by limiting the number of lots in a duster subdivision, requiring separation between
clusters and establishing setbacks from adjacent uses.
CONCLUSIONS
The modified text, attached as Exhibit 1, would allow flexibility in placement of cluster lots between
zoning districts with different zoning density without increasing overall density in R5A or R10A areas
or adversely impacting the rural character of the District.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning text be amended as shown on Exhibit 1.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the
Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof
other than the part so declared to be invalid.
ADOPTED this 17 day of April , 2001.
W M CO OUNCIL
Dana Brown- Davis,
Clerk of the Council
PROVED as to form
7N'
Civil Dep6ty Prosecutor
L.'Ward Nelsbf Couhcil Chair
(q'Approved () Denied
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Exhibit 1
20.36.310 Design Standards
(6) In order to preserve rural character, no more than sixteen (16) residential lots shall be
permitted in one cluster and there shall be at least 500 feet of separation between any new
clusters.
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