HomeMy WebLinkAboutord2017-062strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO.
2017 -319
CLEARANCES
Initial
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
M.A.
10/23/2017
11182017
Matt W. Aamot
COTW
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OCT 3 1 207
Division Head:
Mark Personius
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11/82017
Introduction
Dept. Head:
Sam Rvan _
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11/21
Hearin g
Prosecutor:
Royce Buckingham
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WHA �0M COUNTY
Purchasing /Budget:
Executive:
Jack Lows
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TITLE OF DOCUMENT.
Amend the Resort Commercial District, amend the Planned Unit Development Chapter, and create a new Density
Credits Chapter in the Whatcom County Zoning Code (Title 20).
ATTACHMENTS:
1. Memorandum
2. Draft Ordinance
3. Planning Commission minutes
4. Public Comment Letters
SEPA review required? (X ) Yes ( ) NO
Should Clerk schedule a hearing? (X) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Proposed amendments to the Whatcom County Code Zoning Code (Title 20) that would amend the Resort
Commercial District, amend the Planned Unit Development Chapter, and create a new Density Credits
Chapter. The proposal includes allowing increased single family residential density in the Resort Commercial
zone in the Birch Bay Urban Growth Area if the developer purchases density credits. Funds taken in through the
density credit program would be used in the County's Agricultural Purchase of Development Rights Program.
COMMITTEE ACTION:
COUNCIL ACTION:
11/8/2017: Presented and Discussed
11/8/2017: Introduced 7 -0
11/21/2017: Adopted 6 -1, Brenner opposed, Ord. 2017 -062
Related County Contract #.
Related File Numbers:
Ordinance or Resolution Number:
County Planning File #
PLN2017- 00010.
Ord. 2017 -062
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us /council.
10 -23 -2017
PROPOSED BY: Planning
INTRODUCTION DATE: 11/8/2017
ORDINANCE NO. 2017 -062
ADOPTING WHATCOM COUNTY ZONING CODE
AMENDMENTS RELATING TO THE
RESORT COMMERCIAL DISTRICT, PLANNED UNIT DEVELOPMENT
CHAPTER, AND A NEW DENSITY CREDITS CHAPTER
WHEREAS, The County Council initiated proposed amendments to the
Whatcom County Zoning Code, including amendments to implement the
Comprehensive Plan, in March 2017; and
WHEREAS, The Whatcom County Planning Commission considered the
proposed Zoning Code amendments on September 28, 2017; and
WHEREAS, The Whatcom County Planning Commission was unable to reach
a majority recommendation on the proposed amendments; and
WHEREAS, The Whatcom County Council considered Comprehensive Plan
Goals and Policies, staff recommendations, and public comments; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
Background Information
1. The subject proposal consists of the following amendments to the Official
Whatcom County Zoning Ordinance (Title 20):
a. Amending the Resort Commercial District (WCC 20.64);
b. Amending the Planned Unit Development Chapter (WCC 20.85); and
c. Creating a new Density Credits Chapter (WCC 20.91).
2. A Determination of Non - Significance was issued by the SEPA Responsible
Official on August 25, 2017.
3. The Planning Commission held a public hearing on the subject amendments
on September 28, 2017.
Page 1 of 6
4. Pursuant to WCC 20.90.050, proposed zoning code amendments are
evaluated for consistency with the Whatcom County Comprehensive Plan.
Urban Growth
5. The Growth Management Act states "Each county ... shall designate an
urban growth area or areas within which urban growth shall be encouraged
and outside of which growth can occur only if it is not urban in nature..."
(RCW 36.70A.110(1)).
6. The subject amendments provide density bonuses for Resort Commercial
zones located within the Birch Bay urban growth area (UGA) if certain criteria
are met. At the current time, the only Resort Commercial zoning districts
located within a UGA are in the Birch Bay UGA.
7. Whatcom County Comprehensive Plan policies relating to urban growth
include:
Policy 2A -1: Concentrate urban levels of development within designated
urban growth areas.
Policy 3C -6: In UGAs, consider easing lot consolidation criteria, increasing
density, and decreasing minimum lot sizes, in the interest of
serving housing affordability.
Policy 3G -4: Allow development of smaller lots and creative options.
8. Whatcom County Comprehensive Plan Policy 2BB -4 specifically relates to the
Birch Bay UGA, indicating:
Birch Bay is unique with its traditional cottages on small lots that
enhance the character of the area. In order to facilitate continuation of
this traditional character, encourage small lot single family
development in the Birch Bay UGA. Propose amendments to the Resort
Commercial zoning district, applicable only to single family dwellings,
that increase density to between 10 and 20 dwelling units /acre, reduce
setbacks, and require pervious surfaces for driveways or other
methods of stormwater infiltration.
9. Comprehensive Plan Policy 2BB -4 addresses increasing single family
residential density in the Resort Commercial zoning district. This zoning
district currently allows single family residential developments at a gross
density of 7 dwellings per acre when public water and sewer are available
(WCC 20.64.261 and .271). The subject amendments to the Planned Unit
Development Chapter of the Zoning Code would allow a density bonus to
double the gross density to 14 single family dwellings per acre (100%
increase) in Resort Commercial zoning districts located within the Birch Bay
Page 2 of 6
UGA. To acquire this density bonus, a developer would purchase density
credits from Whatcom County. Any density credit revenues would be used in
the Agricultural Purchase of Development Rights Program (WCC 3.25A).
10. Comprehensive Plan Policy 2BB -4 addresses reducing setbacks. Setback
reductions are already allowed in the Planned Unit Development Chapter of
the Zoning Code (WCC 20.85.109).
11. Comprehensive Plan Policy 2BB -4 addresses stormwater infiltration. The
Birch Bay UGA is covered by the Western Washington Phase II Municipal
Stormwater Permit, which was issued by the State Department of Ecology in
compliance with the Federal Clean Water Act and the State Water Pollution
Control Law (RCW 90.48). As a NPDES Phase II permit area, the Washington
State Department of Ecology's 2012 Stormwater Management Manua/ for
Western Washington (amended in 2014) applies to the Birch Bay UGA (WCC
20.80.630(1)). The Stormwater Management Manual states that construction
of an infiltration facility is the "preferred option" but is feasible only where
more porous soils are available (Volume 1, Chapter 1, p. 9). Furthermore,
the Stormwater Management Manual indicates that one of the major changes
from the last manual is revised guidelines on designing infiltration facilities
(p. i). The Stormwater Management Manual already addresses infiltration.
Therefore, no additional infiltration requirements are proposed in the subject
Zoning Code amendment.
12. The subject amendments further the goals and policies of the Whatcom
County Comprehensive Plan by concentrating urban levels of growth in UGAs,
increasing density, allowing smaller lots, and providing creative options for
developers in a UGA.
Rural and Agricultural Areas
13. Whatcom County Comprehensive Plan goals and policies relating to
development in rural and agricultural areas include:
Goal 2DD: Retain the character and lifestyle of rural Whatcom County.
Goal 8A: Conserve and enhance Whatcom County's agricultural land base
for the continued production of food and fiber.
Policy 8A -2: Maintain a working agricultural land base sufficient to support a
viable local agricultural industry by considering the impacts to
farmers and agricultural lands as part of the legislative decision
making process. Measures that can be taken to support working
farms and maintain the agricultural land base should include:
... Maintaining a Purchase of Development Rights (PDR)
program that facilitates the removal of development rights
from productive farmland and provides permanent protection
Page 3 of 6
of those agricultural lands through the use of conservation
easements or other legal mechanisms.. .
14. The Whatcom County Comprehensive Plan seeks to retain rural character and
conserve agricultural lands. These goals and policies are primarily
implemented through the Whatcom County Zoning Code, which restricts the
uses and densities allowed in rural and agricultural areas. However, the
County also adopted an "Agricultural Purchase of Development Rights
Program" in 2002 (WCC 3.25A). The purpose of this program is:
To establish a voluntary agricultural purchase of development rights
program for Whatcom County which will enhance the protection of the
county's farmland, enhance the long -term viability of the agricultural
enterprises within the county and provide public benefit by retaining
properties in permanent resource use (WCC 3.25A.020).
15. The subject amendments further the goals and policies of the Whatcom
County Comprehensive Plan by providing developer incentives to voluntarily
contribute funds that would be utilized in the Agricultural Purchase of
Development Rights Program, thereby preserving rural character and
agricultural lands.
16. In the past, the Agricultural Purchase of Development Rights Program has
received matching funds to purchase conservation easements (primarily from
the federal government). Therefore, the potential exists to leverage
additional matching funds with dollars from the new density credit program.
Incentives
17. Whatcom County Comprehensive Plan policies relating to incentives include:
Policy 2F -3: Revise regulations to include incentive programs.
Policy 2F -4: Review and adopt, where appropriate, incentive programs such
as cluster density bonuses in urban growth areas, purchase of
development rights, transfer of development rights, and tax
deferrals.
Policy 2UU -4: Support the retention of open space and open space corridors
through the use of education and incentives, such as purchase
or transfer of development rights, density bonuses within UGAs,
cluster development, and acquisition of easements.
Policy 2UU -5: Augment land use regulations by engaging in a proactive
program of public investment, landowner incentives, and other
actions aimed at preserving open space.
Page 4 of 6
18. The subject amendments provide density bonus provisions, which are
entirely optional. A developer may choose to develop at the existing base
densities allowed by the Resort Commercial zoning district, which are not
being changed by this amendment. Alternatively, a developer may choose to
utilize the density bonus provisions that allow additional single family
dwellings on a site through the purchase of density credits.
19. The subject amendments further the goals and policies of the Whatcom
County Comprehensive Plan by providing a voluntary incentive that would
allow increased density in the Birch Bay UGA while contributing to
preservation of rural and agricultural lands.
Floodplains
20. Whatcom County Comprehensive Plan goals and policies relating to
development in flood areas include:
Goal 2K: Discourage development in areas prone to flooding.
Policy 10E -9: Discourage new development in the floodplain.
21. The subject amendments further the goals and policies of the Whatcom
County Comprehensive Plan because they do not allow density bonuses in
the 100 year floodplain.
CONCLUSION
The subject amendments are consistent with the goals and policies of the Whatcom
County Comprehensive Plan.
Page 5 of 6
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Resort Commercial District of the Whatcom
County Zoning Code (Title 20) are hereby adopted as shown on Exhibit A.
Section 2. Amendments to the Planned Unit Development Chapter of the
Whatcom County Zoning Code (Title 20) are hereby adopted as shown on
Exhibit B.
Section 3. A new Density Credits Chapter in the Whatcom County Zoning Code
(Title 20) is hereby adopted as shown on Exhibit C.
Section 4. 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 21St day of
November
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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ATTEST:y`C
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Dana drown -Day Covhcil Clerk
APPROVED as to form:
Civil D secutor
, 2017.
*d
Bar chanan, Chairperson
Y'Approved () Denied
Jack Lou s, Executi
Date: '-2 9, / 7
Page 6 of 6
Draft 10/23/2017
Exhibit A
Resort Commercial (RC District - Amendments
Amend the Resort Commercial District (WCC 20.64) as follows:
20.64.260 Maximum gross density.
Maximum gross density varies according to the availability of public water and /or
public sewer. Where public water service is not provided, the maximum density for
dwelling units, or dwelling unit equivalent as determined by the Whatcom County
health department, shall be one dwelling /five acres. Where public water service is
provided but public sewer is not provided, the maximum density for dwelling units,
or dwelling unit equivalent as determined by the Whatcom County health
department, shall be two per acre unless the health department finds that
conditions require a lower density. The following densities apply only where both
public sewer and public water serve the project:
.261 Single - family dwellings and duplexes shall not exceed a density of seven units
per acre.
... (No changes to the rest of the section).
RATIONALE: At the current time, WCC 20.64.260 does not state
whether maximum densities are based upon gross acres or net acres.
However, WCC 20.64.271 indicates that the density figures are gross
densities. WCC 20.64.260 should be amended to clarify that it refers to
gross densities.
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Exhibit B
Planned Unit Development_ (PUD) - Amendments
Amend the PUD Chapter (WCC 20.85) as follows:
20.85.050 Permitted uses.
.051 Uses outright permitted in a planned unit development shall include permitted,
accessory and conditional uses allowed in the underlying zone district(s) and such
other uses as provided in WCC 20.85.052 to 20.85.055. For areas located within a
Water Resource Protection Overlay District, the more restrictive use provisions of
Chapter 20.71 WCC shall apply.
.052 In addition to the uses allowed in the underlying zone, the following uses shall
be allowed outright where they are only serving the development and where all
other applicable standards are met:
(1) Community building;
(2) Indoor recreation facility including athletic club or fitness center,
racquetball court, swimming pool, tennis court, or other similar uses;
(3) Outdoor recreation facility including swimming pool, tennis court,
or similar use; and
(4) Recreation vehicle storage area.
.053 A planned unit development may add land use activities as follows; provided
the criteria of WCC 20.85.054 are met:
(1) For the Urban Residential, esi ,entia
R -al and Rural zones,
multifamily dwellings consistent with the density requirements of the
underlying zone except as that may be modified by the provisions of
WCC 20.85.108. The number of units attached may be greater than
would otherwise be allowed by the underlying zoning;
RATIONALE: The PUD Chapter is applicable within urban growth areas
(UGAs). There are no longer any "Residential Rural" zoning districts
within UGAs.
2
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(2) For the Urban Residential and Urban Residential Medium zones, those
uses allowed in the Neighborhood Commercial zone are also permitted. In
addition, both resort and nonresort- oriented transient accommodations, such
as inns or hotels may be permitted; provided, that:
(a) The total number of sleeping units shall not exceed 50 percent of
the total number of dwelling units that would be allowed on the
property by the underlying zone regulations;
(b) Each sleeping unit shall count as one dwelling unit for the purpose
of determining the total number of dwelling and sleeping units in
combination permitted on the property;
(c) It can be demonstrated that the overall development will not
generate more traffic than conventional residential development at the
density allowed in the zone;
(3) For the General Commercial zone, those uses allowed in the Urban
Residential Medium zone are appropriate;
4 For the Resort Commercial zone:
a Multiple single-family dwellings per lot are permitted if
developed as condominiums under state law; and
fb) Single- family attaches dwellin -s (at a baste gross density of
seven unitslacreL an
RATIONALE: At the current time, WCC 20.85.053 does not address
adding land use activities for the Resort Commercial zone.
Additionally, the Resort Commercial zone allows one single - family
dwelling per lot of record (WCC 20.64.054). Some property owners
may want to develop their sites as condominiums instead of
subdivisions. This amendment would allow such an arrangement. It
would also allow single family attached dwellings, such as townhouses,
through the PUD permitting process. Single family attached dwellin s
would be allowed at the same base density as single family detached
dwellings under WCC 20.64.261 seven units/acre).
(54) For the Light Impact Industrial zone, those uses allowed in the Urban
Residential Medium, Neighborhood Commercial and /or General Commercial
zones are appropriate. —acrd
3
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fSYF&F -the Fer -may- zene t-4ese s- aflew-ed an the-- R- urarkafl�',�e lentkia-1
Rt:ifalres re-- appi -ate:
RATIONALE: PUDs are only allowed in UGAs. There is only one Rural
Forestry zone in a UGA (Columbia Valley) and it is planned for eventual
light impact industrial uses.
.054 In order to expand uses allowed in WCC 20.85.053, the applicant shall
demonstrate:
(1) That the primary land use activity of the planned unit development shall
be those uses allowed by the underlying zone district;
(2) That the expanded uses will benefit and serve the residents or employees
of the proposed development; and
(3) That all other applicable approval criteria and standards are met.
.055 Where a proposed development is located in two or more zone districts, the
uses allowed in the applicable districts may be located on any portion of the site;
provided, that all applicable standards are met.
.056 For purposes of determining appropriate standards, the requirements of the
zone district allowing the use would apply. If the use is allowed by two or more
districts, the lesser standards would apply. (Ord. 2004 -007 § 1, 2004; Ord. 2003-
049 § 1, 2003; Ord. 97 -061, 1997; Ord. 96 -056 Att. A § V1, 1996; Ord. 89 -55,
1989).
20.85.108 Density increases.
(1) The county may approve an increase of dwelling unit density for residential
development, or floor area for commercial and industrial activities of not more than
35 percent greater than that permitted by the underlying zone rounded to the
nearest whole number. Note., Properties located within a Water Resource Protection
Overlay District shall not be eligible for a dwelling unit density increase. Density
increases shall be governed by the following factors, and are to be treated as
additive, and not compounded:
(a) A 15 percent increase in base density for meeting the requirements of
this chapter.
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(b) A 10 percent increase in base density for improvements to common open
space that will serve the needs of the development's residents and would
include such facilities as play areas with equipment, basketball courts,
handball courts, ball fields, tennis courtsl� swimming pools, cir reclreario-na_I
trails. Usable open space on the roof of a building may qualify as improved
open space.
(c) A 10 percent increase in base density for preservation or restoration of
historically or architecturally significant structures, or for preservation of
significant natural features. The burden of designation of such structures or
features as significant shall be upon the applicant, unless such structures or
features are already identified as worthy of preservation in the
Comprehensive Plan, Parks Plan, other official documents, or on a local, state
or national register. Final determination as to significance shall be made by
the planning director at the earliest possible time and no later than the
technical committee review.
(d) A 10 percent increase in base density for the design and construction of
energy - efficient buildings which will reduce consumption to 75 percent or less
of energy demand per square foot per year for space and water heating in a
standard building built to the Washington State Energy Code.
(e) A 10 percent increase in base density for the use of energy from a
renewable source exclusively serving the project to provide at least 20
percent of the combined space and water heating needs of the structures
proposed in the project. Access to the energy source must be protected
through site design and protective covenants or easements. Water heating
needs shall be based on energy requirements on an annual basis.
(f) A 15 percent increase in the base density for the creation and
preservation of significant public access on shorelines.
(g) Single- family and multifamily development projects located in urban
residential zoning districts that utilize rear lane or "alley" garage access may
be granted a 15 percent increase in base density, provided:
(i) Garages are located with direct maneuvering off of the alley; and
(ii) Front porches are included as part of the front building facade; and
(iii) Site development conforms to low impact development standards
as adopted by Whatcom County in place at time of application.
(2) For purposes of determining conformance with subsections (1)(d) and (e) of
this section, the energy efficiency of the structures or energy contribution of total
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energy usage shall be calculated using an analytical procedure generally recognized
by the Washington State Energy Office as reasonably representative of the
expected energy performance. This detailed information shall be provided as part of
the final review process of WCC 20.85.365.
(3) Transfer of development rights shall be utilized within designated density
transfer receiving areas as shown on the official Whatcom County zoning map to
achieve the allowed maximum density prior to the utilization of the density bonus
provisions of this chapter.
(4) In a Resort Commercial zoning district located within the Birch Bay UGA the
County may approve an increase of dwelling, unit density for single family dwellings
of not more than 100 percent greater than that ;permitted by the under[yLnq zone,.
rounded to the nearest whole number, if the following criteria are met:
(a) The dwellings are located outside the fioodplain; and
b No denso increases for residential development are granted pursuant
to WCC 20,85.108(1) ;and
Cc} Density credits are acquired pursuant to WCC 20.91.
(Ord. 2009 -010 § 1 (Att. A), 2009; Ord. 2004 -007 § 1, 2004; Ord. 2003 -049 § 1,
2003; Ord. 98 -083 Exh. A § 66, 1998).
RATIONALE: The Resort Commercial zone allows a maximum gross density of 7
dwellings per acre for single family residential developments. Comprehensive Plan
Policy 2BB -4 indicates that allowed density should be increased to between 10 and
20 dwellings per acre. A 100% increase in 7 dwellings per gross acre would be 14
dwellings gross acre. Gross density is calculated on the entire area of the parcel
(before deducting wetlands, area for roads, area for stormwater facilities, etc.). Net
densities take into account these deductions. Two examples are provided below:
• If 30% of a site was taken up by wetlands and infrastructure, 14 dwellings per
gross acre would be equivalent to 20 dwellings per net buildable acre (if
within a subdivision, average lot size would be 2,178 square feet).
• If 40% of a site was taken up by wetlands and infrastructure, 14 dwellings per
gross acre would be equivalent to 23 dwellings per net buildable acre (if
within a subdivision, average lot size would be 1,894 square feet).
R
Draft 10/23/2017
Exhibit C
Density Credits - New Section
Create a new Density Credits chapter (WCC 20.91) as follows:
NOTE: The text below is entirely new. Underlines have been omitted to
make reading the text easier.
Chapter 20.91
DENSITY CREDITS
Sections:
20.91.010 Purpose.
20.91.020 Developer Incentives.
20.91.030 Density Credit Price and Timing.
20.91.010 Purpose.
The overall purposes of this chapter are to incentivize increased land use intensity
in urban growth areas and decrease residential density in agricultural and rural
areas by authorizing density credits. Density credits allow increased density in
exchange for a voluntary contribution towards preserving agricultural lands and
open space. This is accomplished through a voluntary payment of funds to
Whatcom County for use in the Agricultural Purchase of Development Rights
Program (WCC 3.25A) in order to allow a higher density as specifically set forth in
the Whatcom County Zoning Code.
Rationale: This section provides the purpose of the new Density Credit chapter
of the Zoning Code. This is an entirely optional provision that may be used by
developers to achieve higher densities if they voluntarily agree to provide a
contribution towards preservation of agricultural lands in the County. This is
similar to the concept of allowing increased density through transfer of
development rights, but it is a simpler process. Density credits are not
required if a land owner chooses to develop at the density currently allowed
by the Zoning Code.
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20.91.020 Developer Incentives.
Density credits may be used to gain the following benefits:
(1) Resort Commercial Zone in the Birch Bay Urban Growth Area - Each
density credit purchased allows one additional single family residential
dwelling in the Resort Commercial zone up to the limit on total dwelling
units set by WCC 20.85.108.
Example: A 10 acre site in the Resort Commercial zone could be developed
with 70 single family dwellings under the current zoning regulations (at
density of 7 dwellings per gross acre). The PUD provisions would allow
doubling this to 140 units (if density credits are used and other criteria are
met). In this theoretical scenario, the developer would need to purchase 70
density credits to obtain the 70 bonus dwelling units.
20.91.030 Density Credit Price and Timing.
The price per density credit is set by the County Council in the Unified Fee
Schedule. If a developer using density credits is granted initial PUD approval
pursuant to WCC 20.85.340, the required number of density credits shall be
purchased from Whatcom County prior to final PUD approval under WCC 20.85.365.
Rationale: The County Council typically updates the Unified Fee Schedule at
least every two years (along with the budget). Reviewing the density credit
price on a periodic basis would allow the Council to consider issues such as
inflation, the state of the economy, and housing prices.
E3