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Home My WebLink Aboutord2001-027WMATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -153 E E � V E -�-as council Introduction LS s /15 P & D Committee APR 2 4 2001 s /ze WHATCOM COUNTY -- -- °- °• -••w •� ••�= x�� exemptoa provisions m the Whatcom County Regulations (Title 11). ATTACHMENTS: (I) Proposed Ordinance (2) Planning Commission Findings ojFact, Reasons jor Aceton, Conclusions and Recommendations (3) Planning & Development Services StaffReport LEA iew required? x )Yes NO Shaald Cerk schiew completed? ( x Yes NO Requested DateA hearing must bMMARY STATEMENT: The County Council adopted Comnavvi Land Division Regulations, which became effective on December 1 S, 1000. Based upon several months of experience administering the new code, the I ping & Development Services Department proposed three changes to the 90 exemptions provisions that would: (1) Prohibit someone who receives a parcel as a gift from selling it within five years, unless they receive subdivision approval; (1) Require approval of vehicular access by County Engineering in compliance with the development standards; and (3) Require a covenant stating there are certain restrictions on re- dividing lots reta ined by the original owner after the gift parcels are separated and given away, However, the Planning Commission recommended against the five -year prohibition and deleted existing restrictions on re- dividing parcels created through the gift exemption process. Note: Because of 60 day notification period to state agencies (RCW 16 one tall .c_ � .... _.. _. 2001- 153 &1/2001: Introduced t� 511512001: Discussed in Planning and Development Committee 6/12@001: Amended and adopted 5 -2, Hoag, McShane opposed, Ord. #2001-027 q e. idowd File Numbers: AB # 2000 -160 ining\l mne \Title 21 @001 Amendment- Gift ExemptionstZON2001-00001 Agenda Bill.doc lndkoa 11osew8o should receive a copy ajier Coundlacrion. Liaspecific name ro the ngkr. (this item): 611M SPONSORED BY: Plannina PROPOSED BY: Planning INTRODUCTION DATE: May 1 2001 ORDINANCE # 2001 -027 AMENDING THE GIFT EXEMPTION PROVISIONS OF THE TITLE 21 LAND DIVISION REGULATIONS 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 from the standard short plat and subdivision process; and WHEREAS, based upon several months experience administering the new Title 21 Land Division Regulations, the Planning & Development Services Department has requested certain changes to the gift exemption provisions; and WHEREAS, the SEPA Official for Whatcom County issued a determination of non - significance; and WHEREAS, legal notice was published in the Bellingham Herald; and WHEREAS, the Planning Commission held a public hearing on the proposal, considered all testimony, and made certain modifications; and WHEREAS, the County Council has considered the Planning Commission's Findings of Fact, Reasons for Action, Conclusions, and Recommendations for the amendment; and WHEREAS, the County Council finds that the proposed amendments conform to the Growth Management Act and Comprehensive Plan; and WHEREAS, the County Council finds the amendments are in the best interest of the public health, safety, and welfare, based on the following findings and conclusions: Page 1 FINDINGS 1. The Whatcom County Land Use Division and County Engineering identified potential deficiencies in the Title 21 Land Division Regulations based upon several months of administering the new regulations. These deficiencies include public safety concerns associated with vehicular access. 2. The State Environmental Policy Act (SEPA) Official for Whatoom 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. 3. Notice was published in the Bellingham Herald on March 29, 2001. 4. The Planning Commission held a public hearing on the subject amendments on April 12, 2001. The County Council held an additional public hearing on June 12, 2001. 5. 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). 6. 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)). 7. 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." 8. GMA Planning goal # 3 is to "Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans" (RCW 36.70A.030(3)). 9. Whatcom County Comprehensive Plan Goal 6A is to: 'Provide for the safe and efficient movement of people and goods." 10. Requiring access points to be approved by the County Division of Engineering in accordance with the adopted development standards will ensure safe access to lots created through the gift exemption process. Page 2 CONCLUSIONS The subject amendment is consistent with the GMA planning goals of RCW 36.70A.020. 2. The subject amendment is consistent with the Whatcom County Comprehensive Plan goals and policies. 3. The subject amendment will serve the public interest by requiring safe vehicular access. 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. 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 110 day of I Lk NE, 2001 ATTEST: Dana Brown - Davis, Council Clerk z APP VIED as to form: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ward Nels n, Cha rperson (+A pproved () Denied Jam_ Pete kremen, Executive Page 3 Date: G" J0, m 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 lots, 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) the lots. Fl-'FthPFMGFe, the GGVGRaRt shall state that no 6hGFt plat me), be GFeated from any ef the lets W thiR five yeaFs. AfteF this five year-, Any further division of the lot that was given as a gift eF the emainiag lei shall go through the appropriate long subdivision, short subdivision, or binding site plan procedure. If there is no instrument of conveyance for the remaining lots then a legal description shall be filed with the County Auditor; and (e) Legal ingress and egress access of record is provided to the lots created by the gift exemption including the remaining lots and verified by Whatcom County Engineering. All access points to public roads shall comply with county development standards to provide for a safe physical access (this provision does not require construction of the access at the time the exemption is granted).