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HomeMy WebLinkAboutord2005-073WHA TCOM COUNTY COUNCIL AGENDA BILL O. 2005-360 CLEARANCES Initial Date Date Received In Council 01flee 4; Breda Date Assigned to: ly -) -C � -- 's 9/1342005 Intro -7---7— LYVWM Head. 9/27/2005 P&D/Ccuncil prosecuWr: T= OF DOCUMENT. Zon2004-00017, Amendment to the official Whatcom County Zoning Code CHAPTER 20.97- DEFINITIONS AND 20.40.250 - AlTAIVUH LOT SIZE AND LAND SUBDIVISION ATTACHMENTS: Proposed Ordinance, Planning Commission Motion, Staff Report and Planning 0oreuni�ssiox Minutes. Additional background material is available at PDS Office, 5280 NW Drive, Suite A. SEPA review required? X ) Yes NO Should Clerk schedule a hearing ? ) Yes fi X ) NO SEPA review completed? X ) Yes NO Requested Date: SUAWARYSTATEMEIVrOR LEGAL NOTICE LANGUAGE (if this item is an ordinance or requires a public heark& you must provide the language for use in the required public notice Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) 7We proposed ordinance amends the offikial R%atcom County Zoning text by clarifying the definition of "farnaftffd" and providing additional guidance, or determining when to include buildings other than those accessory to the residence when segregating residential structures from the farmland COMMITTEE ACTION: COUNCIL ACTION. • 9/27/05 Approved 9/13/2005: Introduced 9/27/05: Adopted 7-0 Ordinance 2005-073 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. 2005-73 Ord. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing acrd printing ore the County'swebsiteat: www.co.whatcomwaus1counciL SPONSORED BYE. PROPOSED • Consent INTRODUCTION DATE: ORDINANCE # 2005 -07 AMENDING A PORTION OF THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, CHAPTER 20.97 - DEFINITIONS AND 20.40.250 - MINIMUM LOT SIZE AND LANG SUBDIVISION WHEREAS, Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on April 29, 2005. WHEREAS, Notice of the subject amendment was sent to state agencies, Including the Department of Community, Trade and Economic Development ent CTED), can May 4, 2005. WHE REAS, The SEPA Official has made a Determination of Non - significance on May 9, 2005. WHEREAS, The Planning Commission held a public hearing relating to the subject amendment on May 12, 2005. WHEREAS, the Planning Commission received testimony and deliberated the merits of the proposal and provided their findings and recommendations for Council review and consideration. WHEREAS, the Counter Council reviewed the proposal as forwarded to them by the Planning Commission at their regularly scheduled public meeting on September 1, 2105. The Council makes the fallowing findings of fact and conclusions: �. 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on April 29, 2015. 2. Notice of the subject amendment was sent to state agencies, including the Department of Community, Trade and Economic Development (CTEd), on May 4, 2005. 3. The SEPA Official has made a Determination of Non -- significance on May 9, 2005. 4. The Planning Commission held a public hearing relating to the subject amendment on May 12, 2005. 5. The Planning Commission received testimony and deliberated the merits of the proposal and provided their findings and recommendations for Council review and consideration. 6. There is no substantive policy issue involved. Minor changes in the text such as substitution, addition or deletion of certain words clarify the meaning of WCC Title 20. T. The proposed text amendments support the agricultural industry by discouraging conversion of productive agricultural land to non- agricultural uses. 8. The proposed Title 20 text amendments, as shown in Exhibit A, impact land use regulations, will protect public health, safety and welfare in the fact that the a mendments clarify the regulatory effects of WCC Title 20. 1. The proposal complies with the Coals and Policies of the County Comprehensive Plan. SOW.. THEREFORE, BE IT ORDAINED by the '},OVhatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown in Exhibit A. 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 27th - da � w r wl � ti _'wo i w NO '9 `8v form: Civil Deputy Prosecutor cil Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON /.r Co-,, (4-� Chairperson, Laurie Casket- Schrelber Approved Denied � i�-Kremen, Executive Date: 3 Exhibit A A .27.132 FarMstead s i,m . . The "farmstead cluste 12arcel" includes that portion of th@ prope= containing QrImpry • # ! ! r r ! s • * the PFimary ! home site 4ts ar-ea(s), and established landseaped areas. Farmstead ElusteFs de net autem-aticaally all faFFA buildings. (Ord. • 020 ii 1 m site. The "farms home si e" includes th t gortion of the fgrmstead. parcel f r residential builldings, uses acce sor tQ resid n ` buildings. dr infields wells wellhead protection area established landscal2ed areas and structures 9s, allgwed in ACC 20.40.252 (a -d) 20,27,13A Farm enhancement. "Farm enhancement" means promoting proposed agricultural production by .application of structural, cultural and management practices, including eliminating safety hazards such as excessive grades. (Ord. 93 -038, 1993). 20.40.250 Minimum 1 ©t size and lane! subdivision. .252 Maximum Lot Size Exceptions. —The inclusion of exisiting a ric l ur l r ure s within a farm Lead horn site eel shall be allowed if the farmstead home site parcel does not exceed three acres., and if @ny of the follgwing criteria are met: a The sel2aration between the agricultural struct r s nd the primary residential structure is less than 150`. or Current se gf the agricultural structure is not related to an agricultural Activity; or There is a low 12otgntial for future use of the agricultural structure(s) to be associated with an agricultUral activity to physical c n i i n gr compatibility with pgricultural practices; r (d) Water is not available for use at the agricultural strueturefs j. 4 (1) Separation of the Farmstead home site parcel. The maximum I size for the home site garcel shall be determined by the following criteria for approval: (a) The farmstead home site parcel shall not be less meFe than one acre, unless the ske-, existing residential structure Us and /or well and septic constraints require a smaller of larger parcel, but shall not exceed three acres; and (b) The remainder parcel shall be equal to or greater than 10 nominal acres; and (c) The remainder parcel shall have no development rights and a condition containing the language as provided in WCC 20.40.251(3) shall be included on the short plat for the remainder parcel prier to final approval; and (d) The applicant and his or her heirs provide right of first purchase for a period of not less than 60 days through deed restriction to the original purchaser and subsequent purchasers of the remainder parcel for purchase of the farmstead home site parcel before they are offered on the open market; and (e) A right to farm disclosure statement as provided for in WCC 14,02.040(B) will be signed by the farmstead home site owner and subsequent purchasers of the farmstead home site parcel, and recorded as per WCC 14.02.040(A)(1) and 14,02.050; and (f) All land division shall comply with the appropriate map and recording provisions of WCC Title 21; and (g) The overall submittal shall comply with WCC 20.40.250 et seq . (2) Boundary line adjustments for the purpose of reducing the acreage below the minimum lot size as provided by WCC 20.40.25 0(3) of an existing farmstead home site parcel if such boundary line adjustment complies with the following provisions: (a) The minimum parcel size is the area necessary to accommodate a house site which meets the applicable dimensional requirements of all applicable codes and provides a remainder (appended) parcel equal to or greater than 10 nominal acres; and (b) The farmstead home site parcel shall Eeless than flet weed one acre, unless the site, existing structure and/or well and septic constraints require a larger parcel, but shall not exceed three acres; and (c) The appended parcel shall have no development rights and a condition containing the language as provided in WCC 20.40.251(4) shall be included on the deed for the appended parcel prier to final approval; and (d) The applicant and his or her heirs provide right of first purchase for a period of not less than 60 days through deed restriction to the original purchaser and subsequent purchasers of the remainder parcel for purchase of the farmstead home site parcel before they are offered on the open market; and (e) A right to farm disclosure statement as provided for in CC 14.02.040(B) will be signed by the farmstead home site owner and subsequent purchasers of the farmstead home site .parcel, and recorded as per WCC 14.02.040(A)(1) and 14.02.050; and (f) All land division shall comply with the appropriate map and recording provisions of WCC Tide 21; and (g) The overall submittal shall comply with WCC 20.40.250 et seq. (3) The division is to allow for the realization of a security interest entered into for the purpose of financing a new house; provided, that the divided parcel shall not be sold separately from the farm except in the event of foreclosure or forfeiture, pursuant to the criteria of subsection (1) of this section. (4) The division is for the purpose of public facilities for health and safety use or expansion of such uses pursuant to WCC 20.40.251 provided that. (a) The division or boundary line adjustment will not adversely affect the surrounding agricultural activities; and (b) The applicant has demonstrated to the ad ministrator's satisfaction that the siting of the proposed use cannot be located in an adjacent zoning district or alternative site, if the area is intensively farmed.