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Home My WebLink Aboutord2014-030strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-146 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: �/� 1 4/8/2014 Introduction Nick Smith ACIS SIZ5/I`'� Division Head: �l/Llo///ll`r I� E 11 �f ��C D 4/22/2014 Council Committee, Mark Personius t V LL Council Dept.Head: f Sam Ryan _ I �l l APR 1 Prosecutor: - ZU14 Karhsing/B 9 3/2111 WHATCOM COUNTY Purchasing/Budget: � COUNCIL Executive: r Jack Louws �� y TITLE OF DOC NT.• Corner Lot and Through Lot Building Setback Amendments ATTACHMENTS: 1. Proposed Ordinance 2. Staff Memorandum 3. Staff Report 4. Findings of the Planning Commission SEPA review required? (X ) Yes ( ) NO Should Clerk schedule a hearing? () Yes (X t) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 'The Council must hold a hearing if they want to take action that differs from the Planning Commission's recommendation IWCC 2.160.100(21/. 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.) A proposed ordinance to amend the Whatcom County Code regarding corner lot and through lot building setback requirements. COMMITTEE ACTION: COUNCIL ACTION: 4/22/2014: Forwarded to Council for approval 4/08/2014: Introduced 4/22/2014: Council Adopted 7-0 Ord. 2014-030 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: PLN2014-00011 Ord. 2014-030 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wwx.co.whatcom.wa.us/council. ! Building Setback Ordinance April 8, 2014 SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 4/8/2014 ORDINANCE NO. 2014-030 ORDINANCE AMENDING THE WHATCOM COUNTY CODE REGARDING CORNER LOT AND THROUGH LOT BUILDING SETBACKS WHEREAS, the Whatcom County Comprehensive Plan contains goals and policies that direct the County to eliminate unnecessary regulations and streamline permit processes; and WHEREAS, Whatcom County Planning and Development Services staff has proposed amendments to Whatcom County Code regarding building setbacks for corner lots and through lots; and WHEREAS, the proposed amendments have been considered by the Whatcom County Planning Commission, the Whatcom County Council Planning and Development Committee and the Whatcom County Council; and WHEREAS, the Whatcom County Planning Commission held a public hearing on March 13, 2014; and WHEREAS, legal notice requirements have been met; and WHEREAS, the County Council finds the amendments in the interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS OF FACT 1. Whatcom County Code 20.80.210 and 20.80.230 establish minimum building setback requirements. 2. WCC 20.80.230(3) setback requirements have been problematic when applied to through lots, i.e. lots that are adjacent to two or more roads that do not intersect at the lot. 3. Notice of the proposed amendment was sent to the Department of Commerce and other state agencies on March 3, 2014. No comments regarding the proposed amendment have been received from Commerce, to date. 4. On March 6, 2014 the Whatcom County State Environmental Policy Act 1 Building Setback Ordinance April 8, 2014 (SEPA) Official issued a SEPA threshold Determination of Non-Significance (DNS) in regards to the proposed text amendment, a non-project action. The comment period for this determination will end on March 20, 2014. 5. Notice of the Planning Commission hearing for the proposed text amendment was published in the Bellingham Herald on February 28, 2014. 6. Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and Development Services has: evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. CONCLUSIONS 1. The proposed amendments are consistent with the Comprehensive Plan, and are in the public interest. 2. The proposed amendments should not result in any significant environmental impacts. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Code is hereby amended as shown on 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. 2 Building Setback Ordinance April 8, 2014 ADOPT phis 22nd day of April _ 2014.litoil owti‘``'‘,,�� 0 0I,4 , WHATCOM COUNTY COUNCIL ATTE s ).. `1`1 A r?'+ .': WHATCOM COUNTY, WASHINGTON 0 COIJNTy 1. . -1.- * , - r, : �LSTA = Dana- row7't ■-ws;• •ucil Clerk Carl Weimer, Council Chair '1„i _ * - ` oN\ APPROVED §'td'f m: Vi4pproved(,) Denied I l / Civil eputy Prosecutor Jack Louw-, Executiv Date: �.z,�C. a.S, -2 o/ -,1 3 Building Setback Ordinance April 8, 2014 EXHIBIT A Chapter 20.80 Supplementary Requirements 20.80.230 Measurement of setbacks. (3) Corner Lots. For corner lots,_ or parcels bounding two or more roads the front yard shall be that yard which abuts a collector or arterial road. In the case of two or more roads being designated collectors or arterials, the front yard shall abut the road with the higher classification. If neither of the roads are designated collectors or arterials or if they have equal classifications, the owner/builder shall have the option of selecting the front yard. The zoning administrator may override this decision in special circumstances involving public safety. Yards on the other flanking streets may be considered side yards except that for collectors or arterials the minimum setback shall be no less than one half of the normally required road setback required for the road type in 20.80.210, f4) Through Lots. For through lots the front yard shall be determined the same way as for corner lots per WCC 20.80.230(3) except as provided: (a) If a plat note, county code, or county development regulation prohibits vehicular access from a through lot onto one of the roads, the front yard setback shall be taken from the road where vehicular access is obtained. The yard on the other flanking non-accessed road shall be considered the rear yard for setback measurements except when the road is a collector or arterial, in which case the minimum setback shall be no less than one half of the setback required for the road type in WCC 20.80.210. The zoning administrator may reduce the rear yard setback along a non-accessed collector or arterial to less than one half the front yard setback distance required for the road type in WCC 20.80.210 if: (i) The reduced setback is no less than the smallest setback for existing residences on nearby lots along the same frontage, (ii) The reduced setback is no less than ten feet, and (iii) The public interest, safety and health are protected. The zoning administrator shall recognize input provided by other officials. departments, and divisions having appropriate expertise prior to approving a reduced setback. 4 Building Setback Ordinance April 8, 2014 Chapter 20.97 Definitions. .216 Lot, corner - means a lot which abuts two or more intersecting roads at their point of intersection. .218 Lot, through - means a lot which abuts two or more roads that do not intersect at the lot. 5