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Home My WebLink Aboutord2001-019W71ATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -153 A CLGRANCES Date Received in Council Office Agenda Data Assigned To Odg. Dept: Planning &Develop 05/0212001 CCDoe C lI \J I` �' MAY 0 2 2001 WHATGOM COUNT`/ COUNCIL 05/0112001 Full Council Division Head: Dept. Head: Prosecutor: Budget. Ezewlive: SUBJECT. Emergency Ord. amending gift exemption provisions of Title 21 Land Division Regs ATTACHMENTS SUMMARYSTATEMENT: Related County Contract #: Should the Clerk schedule a hearing? D(N Requested Date: Emergency Ordinance temporarily amending the Gift Exemption Provision of the Title 21 Land Division Regulations RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN: 2001 - 153 A 5/1/2001: Adapted 7 -0, Ord. #2001 -019 Related File Numbers: Ordinance or Resolution Number (this item only): ORD. 'k2001- O(q SPONSORED BY: Planning PROPOSED BY: Plnnnin¢ INTRODUCTION DATE: 5/1/2001 ORDINANCE # 2001 -019 TEMPORARILY AMENDING THE GIFT EXEMPTION PROVISIONS OF THE TITLE 21 LAND DIVISION REGULATIONS AND DECLARING AN EMERGENCY WHEREAS, the County Council adopted new Title 21 Land Division Regulations, which became effective on December 15, 2000, governing land divisions within unincorporated areas of Whatcom County; and WHEREAS, provisions were included to exempt parcels given as gifts to family members from the standard short plat and subdivision process; and WHEREAS, from 1979 to 2000, gift exemptions were allowed, but there was a restriction that the family member who received the gift parcel could not sell or transfer it for five years (unless the parcel went through the subdivision procedure); and WHEREAS, this five -year restriction was not included in the most recent version of Title 21 that became effective on December 15, 2000; and WHEREAS, gift exemption applications are proliferating and there is concern that the short plat process is being circumvented; WHEREAS, section 2.40 of the Whatcom County Charter limits an emergency ordinance to a period not to exceed 60 days from the effective date of the adopted ordinance; and WHEREAS, RCW 36.70.795 permits adoption of interim official controls as long as a public hearing is held within 60 days of adoption. The Council makes the following findings: 1. A potential deficiency in the Title 21 Land Division Regulations has been identified based upon several months of administering the new regulations. This deficiency is the possibility of circumventing the short plat process by giving a gift of land & then selling it soon thereafter. 2. The State Environmental Policy Act (SEPA) Official for Whatcom County issued a Determination of Non - Significance (DNS) on July 26, 1999 for a comprehensive package of Title 21 amendments. The SEPA Official determined on March 26, 2001 that the original DNS satisfies SEPA review for the current proposal. I 3. The Technical Advisory Committee (TAC) recommended approval of the proposed Title 21 language on March 22, 2001 (although the amendment was not proposed as an emergency measure at that time). 4. The Growth Management Act (GMA) establishes planning goals that are to guide local governments when adopting development regulations, such as land division ordinances (RCW 36.70A.020). 5. GMA planning goal # 7 indicates that "Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability" (RCW 36.70A.020(7)). 6. Whatcom County Comprehensive Plan Goal 2D is to "Refine the regulatory system to ensure accomplishment of desired land use goals in a fair and equitable manner." 7. Fair permit processing requires that a procedure intended for giving land to family members would not be utilized to circumvent the short plat process by someone who has no real intent to give their property to family. 8. In January of 2001, three gift exemption applications that would create a total of six lots were submitted. In February of 2001, no gift exemption applications were submitted. In March of 2001, two gift exemption applications were submitted that would create eight lots. In April of 2001, 26 gift exemption applications were submitted that would create 85 lots. 9. A total of 31 gift exemption applications that would create 99 lots, if approved, have been submitted in the first four months of 2001. This would create significantly more lots per month than the average over the last five years. 10. Approximately eight short plats have been replaced by gift exemption applications since the imposition of the new regulations. 11. An average of 2.25 short plats /month have been submitted for the first four months of 2001 (total of nine short plat applications). This is below the average of eight short plats /month that have been submitted over the last five years (1996 - 2000). 12. Whatcom County is in the process of reviewing the gift exemption regulations through the standard planning process. However, because of the 60 day notification requirement to the State Community, Trade, & Economic Development Department and other time frames, the soonest this ordinance could become effective without the emergency ordinance is mid June of 2001. 13. Without the imposition of an interim regulation, additional exempt land divisions could be submitted under current regulations thus precluding the standard review process and mitigation that a short plat would normally undergo. Page 2 14. The amendment is necessary to avoid circumvention of the short plat process, but will allow legitimate gift exemptions to continue. The Council makes the following conclusions: This interim regulation relating to gift exemptions is consistent with the planning goals of the Growth Management Act (RCW 36.70A.020). 2. This interim regulation is consistent with the Whatcom County Comprehensive Plan. 3. This interim regulation will serve the public interest by providing a framework for processing land division applications in a fair manner, avoiding circumvention of the short plat process, and allowing legitimate gift exemptions. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The text of the Whatcom County Land Division Regulations (Title 21) is hereby amended as shown on Exhibit 1. Section 2. This ordinance is necessary for the protection of the public health or safety and shall take effect immediately when the County Executive signs it and shall expire on the 61s' day following the date the ordinance becomes law. Section 3. 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 day of _H i 2001 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown- Davis, Council Clerk and , elso Chj4erson APPR VED as to form: (WApproved () Denied A (� Civil Deputy Prosecutor Pete Kremen, Executive Jim-/1P/%t, Date: C) Page 3 EXHIBIT 1 Amend the Whatcom County Land Division Regulations (WCC 21.03.020) as follows: (6) A gift of land between grandparents, parents, spouses and children provided that all of the following conditions are met: (a) No more than four (4) lots are created; and (b) All of the lots created by the division and the remaining lot are a minimum of five (5) acres or 1/128 of a section of land; and (c) The new lots must be created from a legal lot of record that existed as of the effective date of this ordinance; and (d) A covenant shall be placed upon the instrument of conveyance stating that no further exempt divisions may be created from any of the lots. Furthermore, the covenant shall state that no short plat may be created from any of the lots within five years. After this five year period, any further division of the lot that was given as a gift or the remaining lot shall go through the appropriate long subdivision, short subdivision, or binding site plan procedure; and (e) Legal ingress and egress access of record is provided to the lot created by the gift exemption-Land approved and filed with the County Auditor.