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Home My WebLink Aboutord2001-016WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2000 -356 CLEARANCES ^ 'ninatoc Kraig Olason Initial Data 912gRW Data Received in Council Office L- G �r 1 r_ OCT 0 3 2000 WHATCONI COUNTY COUNCIL A ends Data l) Assi netl to' INTRODUCTION GL/ LrYision Head: Sylvia Goo tlwln O Dept Head' J.E. Ryan 9 Z (v P Prosecutor Z P+b Purchasing/BUtlget i � 3 au SUBJECT: WCC 20.38 -Agncu ure Protection Overlay Amendments Cti. QCV� ATTACHMENTS: Ordinance , Agency Report and Exhibit #1, Planning Commission Minutes SEPA review required? ( )Yes ( ) NO SEPA review completed? ( X )yes ( ) NO Should Clerk schedule a hearing ( )Yes NO Requested Date: (X ) SUMMARY STATEMENT., Proposed amendments to WCC 20.38 - specific changes include modifications to the Applicability section (20.38.050 of the proposed text). First, to incorporate the APO soils tier which replaces the two lists cited in the original text. Second, to npomte the provisions of the Administrative modifications (20.38.080) into the applicability section, and third, to provide an additional exemption for parcels that are surrounded on at least 75% of the lot perimeter by more intensive uses or zoning designations. Additional changes include changing the cluster size from 20 -30% to 25% of the original parcel, encouraging clusters on non -ag soils, establishing a limited use area on the reserve tract clarifying the method for determining future development densities should a rezone occur, and excluding the placement of septic drainfelds from the reserve tract. Staff recommends adoption of this proposal. Distribution Request Indicate those who should receive a copy after Council action. list specific names to the right. ADS Facllltl is Management ADS Finance ADS Human Resoumes ADS Info Sarvlces Assessor Auditor lCmigMacconnell cooperative Extension District Court Executive Health Hearing Examiner Ja/I COUNCIL ACTION TAKEN: 2000 -356 10/10/2000: Introduced 2/62001: Held in Planning antl Development Committee 3/612001: Held in committee 320201 eld Held to, #/3 413/2001: Held to 41f ] 41172001: Amended and adopted 6-0, Crdwfortl absent, Ortl. _ #2001 -016 s__.. - w. urray vvnuae xr Juvenile Parks Planning J.E. Ryan Prosecutor Karen Frakes Public WOrks ShedN Supador Court treasurer Other Related File Numbers: & -� i2 Ordinance or ResolyJion (this item): {� Number - SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 10/10/2000 ORDINANCE NO. 2001 -016 AMENDING THE OFFICIAL WHATCOM COUNTY CODE, TITLE 20, CHAPTER 20.38, AGRICULTURE PROTECTION OVERLAY, TO ENHANCE THE APO COMPLIANCE WITH THE GROWTH MANAGEMENT ACT, THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE COUNTY -WIDE PLANNING POLICIES; TO CLARIFY; AND TO ENHANCE PROTECTION OF AGRICULTURE LANDS WHEREAS, The provisions of WCC 20.90 currently states that proposed zoning amendments shall be docketed for consideration once per year, and WHEREAS, The proposed amendments to WCC 20.90 where included in the annual zoning docket for 1999, and WHEREAS, The Deputy SEPA Official for Whatcom County has determined that this proposal is exempt from SEPA requirements, and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald March 9, 2000, and WHEREAS, The Planning Commission held public hearings on the proposed amendments on March 23, 2000, and considered all testimony, and WHEREAS, The proposed amendments to the WCC 20.38, Amendment Chapter of Title 20, have been requested by Whatcom County Planning and Development Services, and WHEREAS, The Planning Commission has evaluated the merits of the 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; FINDINGS 1. Notice was published in the Bellingham Herald on March 9, 2000 advertising a public hearing. 2. A SEPA determination of non - significance was made on January 27, 2000. 3. The current APO language does not completely reflect the goals and policies of GMA, the Whatcom County Comprehensive Plan. 4. RCW and WCC code direct counties to encourage the conservation of productive agriculture lands. 5. Criteria used to determine if a parcel is required to subdivide under current APO, is not clearly articulated. Page 1 6. The proposed amendment equitably divides the buffer /setback requirements between the reserve and cluster parcel with 'use' restrictions on the reserve tract buffer. 7. There is a potential to increase density with a zoning change with the current language. 8. The requirement to cluster does not take into consideration the nature and density of the surrounding parcels. 9. Notice to surrounding property owners is not required under the existing language, consequently there is no review of surrounding land uses. CONCLUSIONS 1. The proposal as written will further bring the APO into compliance with GMA, the Whatcom County Comprehensive Plan and the County-wide Planning Policies. 2. The proposal provides clear intent and language to facilitate interpretation of the code. 3. Protection of agriculture lands is enhanced by the proposed changes. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20.38, 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 17 day of April , 2001 ATTEST: Dana Brown - Davis, Clerk of the Council APPR ED as to form are Frakes, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Aardls , Co ncil Chair (approved O Denied Page 2 i M�r it i h �/_ g 911 I Dater Exhibit 1 As approved at April 17, 2001 Council meeting Council Planning and Development Committee Changes are Bold Council Changes from April 3, 2001 Public Hearing Double et+ #ke -®u>: and double underline SECTION 1 - 20.38 Amendment Chapter 20.38 AGRICULTURE PROTECTION OVERLAY Sections: 20.38.010 ^-',.''ong Applicability. 20.38.060 29:38,089 Purpose. 20.38.020 Development and use standards checklist . AaplisabiRty Permitted Uses. 20.38.030 PeFMwt. a I lqpq Density. 20.38.040 Density Definitions. 20.38.050 ^-',.''ong Applicability. 20.38.060 29:38,089 Development and use standards checklist . 20.38.010 Purpose The purpose of this section is to promote maintain and encouEage enhance commercial agricultural activity and further protect open space resources within Whatcom County; further the county's efforts in meeting long term agricultural needs not etheEwrisetast in the A gFiGWItWFe zone diAtFiQt; provide a reasonable mix of uses and activities which may enhance the economic resources available to the farmer, and provide for a variety of uses within the rural areas which are not inconsistent with or incompatible with the use of lands within the area for agricultural activities. This section is not intended to interfere with the use of other resources. (Ord. 98 -083 Exh. A § 45, 1998). 20-38-020 Aplilkabffity- Moved to 20.38.050. 20.38.0320 Permitted uses (t) All uses permitted in the agriculture zone WCC 20.40. (2) All other uses permitted directly or by administrative or conditional uses in Chapter 20.36.WCC but only on lands and under the conditions provided below. (Ord. 98 -083 Exh. A § 45, 1998). 20.38.0430 Density Maximum density shall be the same as in the underlying R -5A or R-1 OA zone district (Chapter 20.36 WCC). (Ord. 98 -083 Exh. A § 45, 1998). 20.38.0540 Definitions For the purposes of the Agriculture Protection Overlay zone: (1) a "parcel" is defined as a legal lot of record (WCC 20.83.060) or, if consolidation has taken place pursuant to WCC 20.83.070, the entire area of the consolidated lots. C9 WINDOWS \TEMP ON99 -00002- AR -EX -1 Final adopted version.doc Exhibit 1 - Zon99- 00002 -AR Page 2 of 6 (2). Agricultural Protection Overlay soils are those soils determined by Whatcom County, in consultation with the Natural Resource Conservation Service and local farmers, as being the best soils for farming. Each soil type named in the list below also has a number. This number is used in the Soil Survey of Whatcom County Area, May 1992, to identify the mapping unit (soil type) in all text, maps and tables contained in the soil survey. AGRICULTURE PROTECTION OVERLAY SOILS No. Name 12 Birchbay Silt Loam - 0 to 3% slopes 13 Birchbay Silt Loam - 3 to 8% slopes 22 Briscot Silt Loam - Drained 0 to 2% slopes 31 Clipper Silt Loam - Drained 0 to 2% slopes 45 Edmonds - Woodlyn Loams- Drained - 0 to 2% slopes 46 Everson Silt Loam - Drained - 0 to 2% slopes 53 Fishtrap Muck - Drained - 0 to 2% slopes 62 Hale Silt Loam - Drained - 0 to 2% slopes 79 Kickerville Silt Loam - 0 to 3% slopes 80 Kickerville Silt Loam - 3 to 8% slopes 95 Larush Silt Loam - 0 to 3% slopes 96 Laxton Loam - 0 to 3% slopes 97 Laxton Loam - 3 to 8% slopes 99 Lynden Sandy Loam 0 to 3% slopes 100 Lynden Sandy Loam 3 to 7% slopes 107 Mt. Vernon Fine Sandy Loam 0 to 2% slopes 115 Oridia Silt Loam - Drained - 0 to 2% slopes 116 Pangborn Muck - Drained - 0 to 2% slopes 123 Puget Silt Loam - Drained - 0 to 2% slopes 124 Puyallup Find Sandy Loam - 0 to 2% slopes 1'39 Sehome Loam - 2 to 8% slopes 143 Shalcar Muck - Drained - 0 to 2% slopes 148 Skipopa Silt Loam - 0 to 8% slopes 151 Snohomish Silt Loam - Drained - 0 to 2% slopes 162 Sumas Silt Loam - Drained - 0 to 2 %- slopes 165 Tromp Loam - 0 to 2% slopes 178 Whatcom Silt Loam - 0 to 3% slopes 179 Whatcom Silt Loam - 3 to 8% slopes 184 Whitehorn Silt Loam - 0 to 2% slopes C:\WINDOWS\TEMP \ZON99- 00002- AR -EX -1 Final adopted version.doc Exhibit 1 - Zon99- 00002 -AR Page 3 of 6 186 Winston Silt Loam - 0 to 3% slopes 191 Yelm Loam - 3 to 8% slopes (Ord. 2000 -013 § 1, 2000; Ord. 99 -092, 1999; Ord. 98 -083 Exh. A § 45, 1998). 20.38.0250 Applicability The provisions in this section apply to all rural lands designated R -5A or R -1 OA on the official zoning map, la) outside designated urban growth area boundaries, and (b) held in parcels of 20 acres or larger, including nominal 20 acre parcels. 8ivisieas- of - land -inte exempt s.,... the f8ll0WiR9 parcel perimeter by any of the following: (a) More intensive zoning districts, including residential, commercial, light industrial and heavy industrial districts; or (b) Existing development patterns with residential densities greater than 1 unit per ra 2 acres; or (c) More intensive uses such as but not limited to: schools, churches, rest homes and other commercial uses. (Ord. 98 -083 Exh. A § 45, 1998). 20.38.060 Development Subdivisions or segregations for nonagricultural uses shall be clustered. Development on all parcels subject to this section shall follow the requirements below: (1) Suled visions OF 6egregatiens for nonagFiGURUFal uses Shall be GIUStBned OR 20 ------------ - -- - --------- --- M C:\ WINDOWS \TEMMZON99 - 00002- AR -EX -1 Final adopted version.doc Exhibit 1 - Zon99- 00002 -AR Page 4 of 6 physical constraints or unless the placement of said lots would be contrary to section (2 above. (24) Minimum lot size shall comply with WCC 20.36.253, he 15,000 ccquaFe fee unless a larger lot is required as determined by the requirements of the Bellingham- Whatcom County Sanitary Code for on site septic disposal, provided, however, separate drainfield tracts and common drain - fields shall be allowed consistent with the sanitary code. Drainfields serving the cluster development may be located within the Fesei.e tFaet OF with A the required building er -well setback area spesified in subseet this- seWen., but not within the reserve tract, and (5) In order to preserve rural character, no more than tea sixteen residential lots shall be permitted in one cluster and there shall be at least 500 feet of separation between any new clusters.. -, and (36) All wells for potable water within the cluster subdivision shall be kept a minimum of 499 60 100 feet from the property line of an existing farm or any parcel or portion thereof which is designated as the agricultural reserve tract, and (47) Any structure within the cluster subdivision which will be used for human habitation shall be set back a minimum of 100 60-100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and rear property lines and no structure shall be constructed within 30 feet of an agricultural use and (68) The 20 25 percent (oF up to W) POFeent if expanded under subseGiien (I ) of this sectiew) of a parcel available for development may be contiguous or in separate clusters so long as the requirements of this section are met, and (69) At the time of the initial development of a parcel under this section the entire parcel shall be included within the plat or assesseFS- parcel tract map recorded including the development clustered residential parcel or parcels, and the reserve tract. Modifications to the plat or tract map shall be made in accordance with state law and county codes and ordinances, and shall be permitted, so long as the provisions of this section are met as applied to the original parcel. (Ord. 98 -083 Exh. A § 45, 1998), and face of the tract map, or short plat, and remaining density. rr>seL>t�T•Ti C: WINDOWS \TEMPIZON99 -00002- Aa -Ex -1 Final adopted version.doc C: WINDOWS \TEMPIZON99 -00002- Aa -Ex -1 Final adopted version.doc Exhibit 1 - Zon99- 00002 -AR Page 5 of 6 C: \WINOOWS�TEM"ON99- 00002- AR -EX -1 Final adopted version.doo Exhibit 1 - Zon99- 00002 -AR Page 6 of 6 SECTION 2 - WCC 20.36 Amendment 20.36.253 Maximum density and minimum lot size. C: \WINDOWS \TEMP\ZONae - 00002- AR-EX -1 Final adopted version.doc Minimum Lot size Min. Reserve Area (Cluster District Gross Density Conventional Cluster Subdivisions) R -2A w/o public water 1 dwelling unit /2 acres 2 acres 1 acre 20% R -2A w/ public water 1 dwelling unit /2 acres 2 acres 15,000 sq. 65% ft. R -5A w/o public water 1 dwelling unit /5 acres 5 acres 1 acre 55% R -5A subject to Ag 1 dwelling unit /5 acres Not applicable 15,000 sq. 75% Protection Overlay ft. 70 to 80% (Chapter 20.36 WCC) R -5A w/ public water 1 dwelling unit /5 acres 5 acres 15,000 sq. 75% .ft. R1 D -A w/o public 1 dwelling unit /10 acres 10 acres i acre 70% water R -10A subject to Ag 1 dwelling unit /10 acres Not applicable 15,000 sq. 75% Protection Overlay ft. 79- te-88% (Chapter 20.36 WCCI R -1 OA w/ public water 1 dwelling unit /10 acres 10 acres 15,000 sq. 80% ft. Public facilities Not applicable No minimum No minimum Not applicable approved under WCC 20.36.151 C: \WINDOWS \TEMP\ZONae - 00002- AR-EX -1 Final adopted version.doc