Chapter 14.78 STANDARDS FOR CaRD LAND DIVISIONS

Chapter 14.78
STANDARDS FOR CaRD LAND DIVISIONS

Sections:

14.78.010 Purpose.

14.78.020 Applicability.

14.78.030 What is a CaRD?

14.78.040 Where is a CaRD allowed?

14.78.050 Density and open space limits.

14.78.060 Design requirements.

14.78.070 Lot size requirements.

14.78.080 Setbacks.

14.78.090 Open space requirements.

14.78.100 Open space types.

14.78.010 Purpose.

The purpose of this Chapter and a CaRD land division is:

(1) To buffer and protect natural resource lands;

(2) To reserve lands that may be appropriate for future urban growth areas;

(3) To help retain the rural landscape, character, and lifestyle;

(4) To protect critical areas by transferring development potential from the critical area portion of a site to a non-critical area portion of a site;

(5) To create development patterns that provide for greater efficiency and flexibility for current and future land use; housing diversity; natural resource land and critical area conservation and protection; retention of open space; and provide incentives for utilizing CaRD land divisions; and

(6) To ensure the continued existence of open space as an element of Skagit County’s rural character. (Ord. O20250005 § 2 (Exh. A))

14.78.020 Applicability.

This Chapter applies to applications for short or long subdivisions that opt to use the CaRD design standards. (Ord. O20250005 § 2 (Exh. A))

14.78.030 What is a CaRD?

(1) A conservation and reserve development (CaRD) land division is a method of single-family residential land development characterized by building lots or envelopes that are much smaller than otherwise allowed in the zone, resulting in:

(a) Open space for agriculture or forestry;

(b) Continuity of ecological functions characteristic of the property;

(d) Reduced impervious surface area; and

(e) Lowered costs of development and maintenance.

(2) CaRD land divisions follow the requirements of this Section when in conflict with the requirements of the underlying zone. (Ord. O20250005 § 2 (Exh. A))

14.78.040 Where is a CaRD allowed?

A CaRD land division is permitted only in the following zones:

(1) Agriculture-NRL;

(2) Industrial Forest-NRL;

(3) Secondary Forest-NRL;

(4) Rural Resource-NRL;

(5) Rural Intermediate;

(6) Rural Reserve;

(7) Rural Village Residential; and

(8) Hamilton Urban Reserve. (Ord. O20250005 § 2 (Exh. A))

14.78.050 Density and open space limits.

(1) The table below establishes, for each zone:

(a) The minimum amount of contiguous acreage within a zone that permits a CaRD in that zone;

(b) The maximum gross residential density for a CaRD;

(d) The types of open space allowed for a CaRD.

Table 14.78.050-1 CaRD Density and Open Space Limits
Zone	Minimum Size for a CaRD	Maximum Residential Density	Maximum Units per Cluster Pod	Allowed Types of Open Space
Ag-NRL	80 ac	1 du per 40 ac	6	Os-PA, Os-NRL, Os-RSV
IF-NRL	160 ac	1 du per 80 ac	6	Os-PA, Os-NRL, Os-RSV
SF-NRL	40 ac	1 du per 20 ac	6	Os-PA, Os-NRL, Os-RSV
RRc-NRL	20 ac	1 du per 10 ac	14	Os-PA, Os-NRL, Os-RSV
RI	5 ac	1 du per 2.5 ac	14	All
RRv	10 ac	1 du per 5 ac	14	All
RVR	5 ac	1 du per 2.5 ac	14	All
RVR—Public Water	2 ac	1 du per 1 ac	14	All
H-URv	20 ac	1 du per 10 ac	14	Os-PA, Os-UR, Os-RO, Os-RSV

(2) Exceptions and Limitations.

(a) Where the density ratio results in a fraction of a dwelling unit, the permitted number of dwelling units must be rounded down to the nearest whole number.

(b) In the RVR zone, where public water service is provided to the CaRD, the minimum size is two acres and the maximum residential density is one dwelling unit per one acre. Where public water is not available, the minimum lot size is five acres and the maximum residential density is one dwelling unit per 2.5 acres.

(c) In areas designated as having a “sole-source aquifer,” e.g., Guemes Island, there is no density bonus for CaRD developments above the density limits in the underlying zone unless the source of water is from a public water system whose source is outside the sole-source aquifer area or from an approved alternative water system pursuant to SCC Chapter 12.48. Applications for CaRDs requesting an alternative system to obtain a density bonus is processed as a Type 3 review per SCC 14.06.150. Hearing Examiner criteria for review of an alternative system must ensure that the system has no adverse impacts to the sole-source aquifer.

(d) In the Samish River Basin, the CaRD density bonus is limited as provided in SCC 14.24.340(3)(c).

(e) Where a proposed CaRD includes two or more zones, development rights may not be moved from a higher density zone to a lower density zone.

(f) Maximum residential densities for lands in or within one-quarter mile of a designated Mineral Resource Overlay (MRO) shall be no greater than one dwelling unit per 10 acres; provided, that if the underlying land use designation density of land within one-quarter mile of MRO lands is greater than one dwelling unit per 10 acres, the development rights associated with that density may be transferred to and clustered on that portion of the property located outside of one-quarter mile for the MRO lands, consistent with the CaRD policies in the Comprehensive Plan. (Ord. O20260004 § 1 (Att. A); Ord. O20250005 § 2 (Exh. A))

14.78.060 Design requirements.

(1) General Lot Location and Orientation.

(a) Building lots may not be located in critical areas and their buffers designated pursuant to SCC Chapter 14.24.

(b) In the Airport Environs Overlay, building lots may not be located within Airport Compatibility Zone 2.

(i) Minimize potential impacts to natural resource land production on both the subject property and any adjacent resource lands;

(ii) Not complicate resource access or normal field operations or harvesting; and

(iii) Minimize the impact of resource land operations on the residential lot (such as airborne dust, noise, and smell).

(d) On land zoned RRc-NRL that is subject to the ongoing agricultural rules in SCC 14.24.120, any property owner who applies for and receives CaRD approval must, at the time of CaRD approval, automatically be subject to the buffer requirements of SCC 14.24.530 and no longer subject to the provisions of SCC 14.24.120.

(2) Short CaRDs.

(a) Lots must be located to minimize infrastructure requirements such as roadways, driveways, utilities, etc., to the greatest extent possible.

(b) New building lots within short CaRDs must share infrastructure either with other new building lots or with existing uses on the property.

(c) In order to achieve a reduction of necessary infrastructure, short CaRDs are required to meet one of the following provisions:

(i) Where the subject property abuts an existing public road, all new building lots must be clustered and the cluster must adjoin the road right-of-way; or

(ii) Where an existing residence is located either on the subject or an adjacent property, all new building lots must be clustered and the cluster must adjoin the building envelope of the existing residence.

(d) As an alternative to Subsection (2)(c) of this Section, for divisions resulting in more than one new building lot, lots may be located elsewhere within the CaRD as long as all lots proposed for new construction are clustered together, except where prohibited by Subsection (1)(a) of this Section.

(e) Alternatives to Subsections (2)(c) and (2)(d) of this Section may be waived if the short CaRD is processed subject to a Type 3 review per SCC 14.06.150 and the Hearing Examiner determines that the purposes of SCC 14.78.010 can be met and the required right-of-way or easement area for any access roads to serve the building lots/envelopes must then be taken out of the allowable area for the building lots/envelopes.

(3) Long CaRDs.

(a) Clustering of Lots Required. Except as described below, clustering of lots within the CaRD into cluster pods is required.

(b) The number of dwelling units in each cluster pod may not exceed the number specified in Table 14.78.050-1. The size of septic fields (both community and individual) or community water systems may further limit the size of cluster pods within a development, if such limitation is necessary to meet septic or water system requirements.

(c) A lot containing an existing house need not be included within a cluster, unless this is necessary to meet the other CaRD design requirements.

(d) Clustering of lots into cluster pods may not be required in the following limited circumstances:

(i) Special conditions and circumstances exist which are not the result of actions or omissions by the applicant;

(ii) Impacts on resource lands or critical areas make clustering inappropriate, or topographic or critical area constraints make clustering infeasible; and

(iii) Separate access points to the adjacent road, if necessary, are acceptable to the County Engineer.

(e) If clustering into cluster pods is not required, additional conditions may be applied and the lot size requirements continue to apply.

(f) Setbacks. Cluster pods must be located a minimum of 25 feet from each other and from existing public roads.

(g) Screening. Except in Ag-NRL, cluster pods must be screened from existing adjacent public roads and from other cluster pods either by:

(i) Existing topography and vegetation; or

(ii) An approved landscaping plan pursuant to SCC Chapter 14.25.

(4) For the purpose of this Section:

(a) “Cluster” means adjoining.

(b) “Cluster pod” means a number of residential CaRD lots adjoining each other and grouped together in a single location on a parcel. The number of lots allowed in any cluster pod is limited in Table 14.78.050-1. (Ord. O20260004 § 1 (Att. 2); Ord. O20250005 § 2 (Exh. A))

14.78.070 Lot size requirements.

(1) Minimum. The minimum lot size is 5,000 square feet.

(2) Maximum. The maximum lot size for buildable lots is one acre, unless a larger lot is needed for one or more of the following reasons, in which case that lot may be no larger than necessary to accomplish the purpose of the exception and the exception must be recorded on the face of the plat map:

(a) To satisfy individual water system supply (SCC Chapter 12.48) or on-site sewage system requirements (SCC Chapter 12.05), or both;

(b) To contain both an existing residential building and existing accessory building(s); or

(c) To contain both an existing residential building and proposed buildings accessory to a natural resource land open space designation.

(3) Maximum Exception for Open Space. In addition to the exceptions discussed under Subsection (2) of this Section, one lot within each CaRD may be greater than one acre, for the sole purpose of containing open space. In such a parcel, only one acre may be used for a residential dwelling unit and residential accessory buildings, unless a larger building area is allowed based on the criteria under Subsection (2) of this Section, with the remainder of the parcel placed in a open space designation.

(4) Alternative Average Lot Size Maximum. As an alternative to Subsection (2) of this Section, lots may be as large as one and one-half acres if the average size of all lots within the CaRD (except a lot containing open space) does not exceed one acre. (Ord. O20250005 § 2 (Exh. A))

14.78.080 Setbacks.

(1) Setbacks consistent with the underlying zoning are required from the exterior boundaries of the CaRD development, except as provided in this Section.

(2) All buildings within the CaRD land division must observe the following setbacks:

(a) A minimum of 20 feet from a public road. In the Ag-NRL, IF-NRL, and SF-NRL zones, lots must be configured so that houses are no more than 200 feet from adjacent public roads.

(b) A minimum of 200 feet from adjacent NRL designated parcels. Where the building lots are separated from the adjacent NRL parcel by a public road, the width of the road right-of-way can be included in the 200-foot setback calculation.

(3) Internal setbacks may be established by private covenant. (Ord. O20250005 § 2 (Exh. A))

14.78.090 Open space requirements.

(1) Requirement. All land within a CaRD must be in an open space designation in accordance with this Section except for the following:

(a) Building lots (i.e., lots which do not contain open space); or

(b) The development envelope of a lot containing open space.

(2) Designation of Open Space. Open space must be designated as one or more of the open space types in SCC 14.78.100 as allowed for the underlying zone by Table 14.78.050-1. Applicable open space designations must be maintained through restriction in a note on the final plat.

(3) Location. Open space must be located in either:

(a) A single contiguous separate tract within the CaRD, retained in its entirety for open space; or

(b) A single dedicated open space area on one of the lots in the CaRD, which must have a designated building envelope, where a house and accessory structures may be located, that is no larger than the maximum lot size allowed by SCC 14.78.070.

(4) Uses Allowed in Open Space. The uses specified in SCC 14.78.100 are allowed in each type of open space, along with structures that are accessory to the primary use of each open space type if allowed by the underlying zoning.

(5) Guemes Island. On Guemes Island, open space tracts other than Os-RSV must be permanently protected by a conservation easement that prohibits future residences or residential accessory uses within the open space tract or area. (Ord. O20250005 § 2 (Exh. A))

14.78.100 Open space types.

This Section describes the types of open space that may be utilized in a CaRD pursuant to Table 14.78.050-1 and SCC 14.78.090.

(1) Open Space—Protection Areas (Os-PA).

(a) The purpose of this open space is to protect critical areas (without the expense of a detailed site assessment), historic sites, and view sheds.

(b) All land that has not received a site assessment pursuant to SCC Chapter 14.24 must be placed in this category.

(c) If a critical area site assessment is performed in the future and the critical areas are delineated, the Os-PA area may be changed through a plat alteration to another open space designation based on the criteria set forth in this Section with the critical areas identified as protected critical areas (PCAs). A recorded easement is required. A revised plat map for this purpose will not be considered a plat amendment.

(d) Nonresidential historic sites and their landscape setting must also be placed in this category. Historic sites used as residences may be located inside or outside of this open space.

(e) All open space designated Os-PA must be preserved pursuant to SCC 14.24.080 and 14.24.090 until such time as a different open space designation is requested and SCC Chapter 14.24 is satisfied. Uses and preservation of the Os-PA occur as follows:

(i) Critical Areas. Follow the parameters set forth in SCC Chapter 14.24 for conservation and maintenance.

(ii) Historic Sites. A use covenant with covenants, conditions and restrictions (CC&Rs) must be determined through the CaRD review process and noted on the face of the plat. The duration of the covenant must be noted on the plat.

(2) Open Space—Natural Resource Lands (Os-NRL).

(a) The purpose of this open space is to preserve the natural resource lands within the County by clustering development and leaving the remainder open for resource production.

(b) The open space within CaRDs zoned Ag-NRL, IF-NRL, SF-NRL, or RRc-NRL must be placed in this category, unless designated Os-PA, subject to the provisions of SCC Chapter 14.24, the Critical Areas Ordinance.

(c) All open space designated Os-NRL must be placed in a natural resource lands easement (NRLE) that restricts the grantor and its heirs, successors, and assigns from exercising rights to use and subdivide the land for any and all residential, recreational, commercial, and industrial purposes and activities that are not incidental to the purpose of the NRLE until such time that the land no longer has long-term commercial significance for the production of food, agriculture products, timber or extraction of minerals. The property is restricted to natural resource production as defined in the NRLE and it may be used for those uses outlined in the underlying zone (except for a dwelling unit). In the case of Agriculture and Industrial Forest lands, restrictions defined in the NRLE may only be extinguished upon a finding by a court of competent jurisdiction that it is no longer possible to commercially use the property for the production of food, agriculture products, timber, or extraction of minerals.

(3) Open Space—Urban Reserve (Os-UR).

(a) The purpose of this open space is to retain areas of open space until such time that urban development is deemed appropriate for that area and then to continue to require a portion of that original space to be preserved.

(b) This open space may only be used within CaRDs on lands zoned Rural Village Residential, Rural Intermediate, or Rural Reserve, and only if these areas are located on a parcel of which 50 percent or greater is located within one-quarter mile of urban growth areas or Rural Villages excluding those areas subject to Os-PA or Os-NRL, and excluding Fidalgo Island until such time that a subarea plan which allows for this option has been completed in conjunction with any relevant amendments to the Comprehensive Plan for purposes of consistency. This open space designation if supported by a 20-year needs analysis may also be applied to areas located outside one-quarter mile of a UGA following the appropriate Comprehensive Plan and development regulation amendments.

(i) Future Urban Development Allowed. When land with an Os-UR designation goes into an urban growth area or a Rural Village Residential, additional development is allowed on the Os-UR designated land, except within a minimum of 30 percent of the parent parcel which is to remain in open space through a plat restriction unless and until the parcel is annexed into a city or town. That land which is not designated as open space in a plat restriction then becomes available for urban development pursuant to the underlying urban zoning designation. Amendments to the plat map and recorded easements are required with the agreement. A revised plat map for this purpose will not be considered a plat amendment.

(ii) Open Space Urban Reserve Land Uses. All open space designated Os-UR may have the same uses as allowed in Os-RA. That Os-UR land converted to permanent open space by agreement of the owner and County may be used for any recreational use outlined in the underlying zoning or special uses relating to recreation, so long as a special permit is obtained, and for greenbelts or trails.

(4) Open Space—Rural Open (Os-RO).

(a) The purpose of this open space is to provide areas within the rural portions of the County without having to commit to a specific recreational use. It is intended for open space purposes and/or greenbelts.

(b) This open space may only be used in CaRDs with the following designations: Rural Village Residential, Rural Intermediate and Rural Reserve, excluding Fidalgo Island until such time that a subarea plan which allows for this option has been completed in conjunction with any relevant amendments to the Comprehensive Plan for purposes of consistency.

(c) All open space placed in this designation must remain in Os-RO unless the County has adopted a Comprehensive Plan amendment and implementing regulation resulting from the completion of a Countywide comprehensive needs analysis for future development, in which case the Os-RO open space may be redesignated to Os-UR upon application to the County. Such application requires amendments to the plat map and recorded easements. A revised plat map for this purpose will not be considered a plat amendment.

(d) The requirements for Os-RO are:

(i) All open space designated Os-RO may have the same uses as allowed in Os-RA.

(5) Open Space—Recreational/Amenities (Os-RA).

(a) The purpose of this open space is to provide areas for recreational purposes, either solely by owners within the CaRD land division or by the general public or a combination thereof.

(b) The open space within CaRDs on lands zoned Rural Village Residential, Rural Intermediate, and Rural Reserve and which is intended for recreation purposes, community facilities, and/or greenbelts must be placed in this category.

(i) All open space designated Os-RA may be used for hobby farms, greenbelts and trails or any recreational use outlined in the underlying zoning or special uses relating to recreation, so long as a special use permit is obtained. The applicable open space designation must be maintained through a plat restriction. An Os-RA may be redesignated to another open space designation only if all property owners within the CaRD division agree to the redesignation and if it meets the appropriate criteria for the open space designation and it meets the underlying zoning criteria. Amendments to the plat map and recorded easements must be required. A revised plat map for this purpose will not be considered a plat amendment.

(6) Open Space—Reserve (Os-RSV).

(a) The purpose of this open space is to reserve land for future development of development rights that have not been utilized in the remainder of the CaRD, otherwise permitted under the zoning designation.

(b) Open space designated Os-RSV may have the same uses as allowed in Os-RA.

(c) The applicable open space designation, which must be maintained through a plat restriction, must continue until the open space area is further platted through a CaRD process; provided, that any resulting land division shall not exceed the allowable development rights of the original parcel.

(i) On Guemes Island, if the applicant wishes to retain and not utilize all of the development rights for the parcel, they must place any of the remaining development rights into the Os-RSV designation.

(ii) On Guemes Island, the amount of land placed into the Open Space—Reserve may not exceed the number of future lots times one acre, and no portion of the Os-RSV area may contain critical areas.

(d) Preservation of Development Rights in NRL Areas. If a parcel is within a natural resource land (NRL) and the applicant wishes not to exhaust all of the development rights for the parcel, they may place any of the remainder developmental rights into an Os-RSV designation to be divided at a later date. The number of future lots available is only those remaining development rights not used after the parent parcel has been divided. Where this occurs, the following criteria must be met:

(i) Ninety percent of the overall open space area of the original project must be placed in Os-NRL;

(ii) The amount of land placed into the Open Space—Reserve must not exceed the number of future lots times one acre;

(iii) No additional open space will be required;

(iv) A development plan showing all areas of future development and access points for future divisions must be provided; and

(v) No portion of the reserved Os-RSV area may contain critical areas. (Ord. O20250005 § 2 (Exh. A))