HomeMy WebLinkAboutord2011-043 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 348
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Ori • inator: G. Davis 10/26/2011 10/25/2011 Introduction
Division Head: a 11 / 9 / 2011 Hearing
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• ,
Executive:
TITLE OF DOCUMENT:
Ordinance amending Ordinance 2011 -013 related to rural development regulations
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date: 11 /9/2011
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: of 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.)
This ordinance amends zoning code provisions related to pre-existing recreational subdivisions, the Rural Residential density overlay, locational
requirements for certain commercial and industrial zones, and the accessory use provisions in the Rural Industrial-Manufacturing District.
COMMITTEE ACTION.• COUNCIL ACTION::
10 / 25 / 2011 : Introduced
11 / 09 / 2011 : Council. Amended & Adopted 5 - 2 ,
Mann and Weimer opposed
Ord . 2011 -043
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2011 - 043
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County 's website at: wwn. co. whatcont. wa. us/council.
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SPONSORED BY : Cosent
PROPOSED BY : PDS
INTRODUCTION DATE : 11 / 09 / 2011
ORDINANCE NO . 2011 - 043
AMENDING ORDINANCE 2011-013 TO REVISE PORTIONS
OF WHATCOM COUNTY CODE TITLE 20 RELATED TO
RURAL DEVELOPMENT REGULATIONS
WHEREAS, the County Council adopted Ordinance 2011 - 013 on May 10 , 2011 ,
amending the Whatcom County Comprehensive Plan , Whatcom County Code Title 20 , and
official zoning maps, pertaining to land use planning in rural areas ; and
WHEREAS, clarification is needed as to the comprehensive plan land use
designations in which certain commercial and industrial zones are allowed ; and
WHEREAS, modifications to the Rural Residential Density Overlay are needed ; and
WHEREAS, corrections to other provisions of Ordinance 2011 - 013 are needed ,
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
the Whatcom cq� f;y Official Zoning Map is hereby amended as shown in Exhibit A .
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Exhibit A : November 9 , 2011
WCC Title 20 Amendments
20 . 32 Residential Rural ( RR) District
20 . 32 . 130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20 . 84 . 235 .
. 134 One private , noncommercial , recreational vehicle or park model trailer and one
accessory guest RV per lot within designated pre - existing recreational subdivisions
in the Foothills Subarea , as listed in WCC 20 . 97 . 337 ; provided , that the following
minimum requirements and standards are met and/or followed :
( 1 ) All recreational vehicles that remain on the site for more than 14 consecutive
days shall be connected to a permitted on - site sewage system or public sewer .
( 2 ) Maximum length of occupation of a recreational vehicle shall not exceed 120
days per calendar year; provided , that no accessory guest recreational vehicle
shall stay on the lot for more than 14 consecutive days nor more than 30 days
total per calendar year .
( 3 ) All recreational vehicles shall be screened from neighboring properties not
using RVs and from public roads . Such screening may consist of landscaped
buffer areas , suitable native vegetation or a fence .
( 4 ) Lots shall not be leased or rented out on a daily or overnight basis for
recreational use .
( 5 ) Accessory structures shall be limited to storage , shop , garage , carport
and/or similar personal use only and shall not exceed a total of 200 square feet
in floor area per lot ; provided , that the 200 - square -foot limitation shall not apply
to that portion of a carport covering the RV .
( 6 ) The locations of parked RVs on vacant lots shall observe normal building
setback standards for a single -family residence .
( 7 ) All recreational vehicles shall be supported by their own wheels or camper
jacks , and not be fastened to accessory structures .
Exhibit A: WCC Title 20 Amendments November 9, 2011
20 . 32 . 252 Rural Residential Density Overlay.
In certain areas delineated on the official zoning map in the RR- 5A zone , a density
overlay may be applied in order to permit densities consistent with surrounding
development and the established rural character of the area .
( 1 ) Eligibility . Eligibility for the density overlay is limited to lots that meet the
following :
( a ) Public water must be available , and
( b ) At least 70 % of lots wholly or partially within 500 feet of the subject lot's
outer boundary must have contained a residence and been under five acres in
size on the effective date of the ordinance codified in this section .
( 2 ) Calculation . Within this overlay the permitted minimum lot size for a lot is
equivalent to the mean lot size of all lots that contained a residence on the
effective date of the ordinance codified in this section and are wholly or partially
within 500 feet of the lot's outer boundaries , or two acres , whichever is greater.
This calculation is subject to the following :
( a ) No lots within a city , urban growth area , or LAMIRD ( Rural Community,
Rural Tourism , or Rural Business comprehensive plan designation ) may be
included in the mean lot size calculation , and
( b ) Lot sizes existing on or before the effective date of the ordinance codified in
this section shall be used in the mean lot size calculation .
20 . 32 . 253 Maximum density and minimum lot size .
The following districts with their associated lot sizes as indicated below , are only
allowed within Rural Communities , as outlined in the Comprehensive Plan : RR- 1 ,
RR- 2 , RR- 3 . The RR- 5A and RR- 10A districts are allowed throughout the rural
areas . For boundary line adjustments on lots not conforming to minimum lot sizes
in this zoning district, lot size averaging may be used by calculating the average lot
size of legal lots of record within 500 feet of the outside perimeter of the lots
proposed for boundary line adjustment .
IMinimum Lot Size Min . Reserve
Area ( Cluster
1District I Gross Density Conventional Cluster Subdivisions )
RR- 1 , RR- 2 , RR- 3 , 1 dwelling unit/ 5 acres 5 acres N/A N/A
RR- 5A : without
public water
RR- 10A without 1 dwelling unit/ 10 acres 10 acres N/A . N/A
public water
With public water, and stormwater detention and collection facilities :
RR- 1 I 1 dwelling unit/ 1 acre 136 , 000 sq . 1 15 , 000 I30 %
Page2of8
Exhibit A: WCC Title 20 Amendments November 9, 2011
ft . sq . ft .
RR- 2 2 dwelling units/ 1 acre 18 , 000 sq . 15 , 000 10 %
ft . sq . ft .
RR- 3 3 dwelling units/ 1 acre 12 , 000 sq . 8 , 000 25 %
ft . sq . ft .
RR- 5A 1 dwelling unit/ 5 acres 5 acres N/A N/A
RR- 10A 1 dwelling unit/ 10 10 acres N/A N/A
acres
RR- 5A subject to Maximum : 1 dwelling see
Rural Residential unit/2 acres per 20 . 32 . 252
Density Overlay 20 . 32 . 252 ( 2 )
20 . 32 . 254 Minimum lot width and depth .
(Width at Street Line I Minimum
Width at Mean
IDistrict Conventional Cluster Bldg . Line I Depth
RR : without public water 300 ' N/A 80 ' 100 '
RR : with public water, and stormwater 30 ' 30 ' 70 ' 80 '
collection and detention facilities
20 . 36 Rural ( R) District
20 . 36 .252 Rural Residential Density Overlay.
In certain areas delineated on the official zoning map in the R- 5A zone , a density
overlay may be applied in order to permit densities consistent with surrounding
development and the established rural character of the area .
( 1 ) Eligibility . Eligibility for the density overlay is limited to lots that meet the
following :
( a ) Public water must be available , and
( b ) At least 70 % of lots wholly or partially within 500 feet of the subject lot's
outer boundary must have contained a residence and been under five acres in
size on the effective date of the ordinance codified in this section .
Page3of8
Exhibit A: WCC Title 20 Amendments November 9, 2011
( 2 ) Calculation . Within this overlay the permitted minimum lot size for a lot is
equivalent to the mean lot size of all lots that contained a residence on the
effective date of the ordinance codified in this section and are wholly or partially
within 500 feet of the lot's outer boundaries , or two acres , whichever is greater .
This calculation is subject to the following :
( a ) No lots within a city , urban growth area , or LAMIRD ( Rural Community ,
Rural Tourism , or Rural Business comprehensive plan designation ) may be
included in the mean lot size calculation , and
( b ) Lot sizes existing on or before the effective date of the ordinance codified in
this section shall be used in the mean lot size calculation .
20 . 36 . 253 Maximum density and minimum lot size .
For boundary line adjustments on lots not conforming to minimum lot sizes in this
zoning district, lot size averaging may be used by calculating the average lot size of
legal lots of record within 500 feet of the outside perimeter of the lots proposed for
boundary line adjustment .
I Minimum Lot Size I Min . I Min .
Reserve Reserve
Area Area
( Cluster ( Cluster
S ubdivisions Subdivisions
Outside of in Urban
U rban Growth
G rowth Areas )
District Gross Density Conventional Cluster Areas )
R- 2A without 1 dwelling 5 acres 1 acre 20 % 80 %
public water unit/5 acres
R- 2A with 1 dwelling 2 acres 12 , 500 65 % 80 %
public water unit/ 2 acres sq . ft .
R- 5A without 1 dwelling 5 acres 1 acre 55 % 80 %
public water unit/ 5 acres
R- 5A subject 1 dwelling Not 15 , 000 75 % Not
to unit/ 5 acres applicable sq . ft . applicable
Agricultural
Protection
Overlay
( Chapter
20 . 38 WCC )
R- 5A with 1 dwelling 5 acres 12 , 500 75 % 80 %
Page 4 of 8
Exhibit A: WCC Title 20 Amendments November 9 , 2011
public water unit/ 5 acres sq . ft .
R- 5A with Maximum : 1 see Not Not - Not
public water dwelling unit/2 20 . 36 . 252 ( 2 ) applicable applicable applicable
subject to acres per
Rural 20 . 36 . 252 ( 2 )
Residential
Overlay
R- 10A 1 dwelling 10tacres 1 acre 70 % 80 %
without unit/ 10 acres
public water
R- 10A 1 dwelling Not 15 , 000 75 % Not
subject to unit/ 10 acres applicable sq . ft . applicable
Agricultural
Protection
Overlay
( Chapter
20 . 38 WCC )
R- 10A with 1 dwelling 10 acres 12 , 500 80 % 80 %
public water unit/ 10 acres sq . ft .
Public Not applicable No minimum No Not Not
facilities minimum applicable applicable
approved
under WCC
20 . 36 . 151
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. . . ■
20 . 60 Neighborhood Commercial Center ( NC ) District
20 . 60 . 010 Purpose .
The purpose of the Neighborhood Commercial District is to provide for small ,
concentrated land areas intended for retail sales of convenience goods and services
to persons residing within or visiting a neighborhood trade or service area , as well
as to provide job and economic development opportunities for rural residents .
When located outside Urban Growth Areas , the Neighborhood Commercial District
shall comply with the rural land use policies and criteria set forth in the
Comprehensive Plan . An additional purpose of the district is to provide
developmental standards aimed at achieving cohesive , coordinated development
within this district and achieving compatibility between commercial and surrounding
Page5of8
Exhibit A: WCC Title 20 Amendments November 9, 2011
residential uses . This district may be located in an Urban Growth Area , a Rural
Community, or Rural Business area , as designated in the Comprehensive Plan .
20 . 62 General Commercial ( GC ) District
The purpose of the General Commercial District is to provide land areas ,
commensurate with the anticipated demand , for the siting of commercial uses
which serve the surrounding community with a broad range of retail goods and
services . Since general commercial uses are such that they attract clientele from a
relatively large trade area , the application of this district shall only be utilized within
Urban Growth Areas , in locations where transportation access can be maximized
and incompatible impacts to surrounding land uses minimized . Property within the
district may also serve to meet the multifamily needs of the community in
accordance with the demands of the market place .
20 . 63 Tourist Commercial (TC ) District
20 . 63 . 010 Purpose .
The purpose of the Tourist Commercial District is to supply sufficient areas
arranged in a concentrated form that would allow land use activities which serve
the traveling public . The district shall be located and implemented consistent with
the goals , objectives and policies of the Comprehensive Plan . The district should be
located near major transportation corridors in such a fashion as to provide safe and
convenient access that would not impact adjacent noncommercial activities .
Further, the district should be in areas where adequate public services such as
roads , sewer, water and drainage are available . The district should provide for uses
which normally serve the traveling public and encourage a type of development
which occurs in a well - designed pattern considering aesthetics and safety . If located
o utside an Urban Growth Area , this district may be located in an Urban Growth
Area , Rural Community, Rural Tourism or Rural Business area as designated by the
Comprehensive Plan . If located in Rural Tourism area , the uses in the district
should rely on the rural location and setting , and provide recreation and tourist
u ses that are small in scale , and compatible with existing uses and intensities .
20 . 64 Resort Commercial ( RC ) District
20 . 64 . 010 Purpose .
The purpose of the Resort Commercial District is to provide land areas which
through their natural location and setting , and manmade attributes , attract resort
activities . The district shall be located and implemented consistent with the goals ,
o bjectives and policies of the Comprehensive Plan . The district should be located in
such areas where adequate public services such as roads , sewer, water and
Page 6of8
Exhibit A: WCC Title 20 Amendments November 9 , 2011
drainage are available , and be of such size that a viable resort can be established
and maintained . The district should provide for uses normally found in resort areas
and encourage the type of development which occurs in a cohesive fashion and
which promotes open space and other amenities considered significant for viable
resort areas . This district may be located in an Urban Growth Area , a Rural
Community, or Rural Business area , as designated in the Comprehensive Plan .
20 . 65 Gateway Industrial ( GI ) District
20 . 65 . 010 Purpose . .
The purpose of the Gateway Industrial District is to supply sufficient areas arranged
in a concentrated form for land use activities which promote Canadian -American
business activity . In addition , the intent of this district is to encourage land uses
and associated densities which will be complementary with light impact industrial
park standards while allowing reasonable transition uses of the properties . The
district shall be located within Urban Growth Areas and implemented consistent
with the goals , objectives and policies of the Comprehensive Plan . The district
should be located near major international transportation corridors in such a fashion
as to provide safe and convenient access that would not impact adjacent
n onindustrial activities . Further, the district should be in areas where adequate
public services including but not limited to all - weather roads, public sewer and
water and stormwater drainage are available . The district provides for uses that
present a positive development image to business travelers and may provide for
commercial uses that serve the traveling public ; however, commercial activities
may not be dependent upon attracting freeway motorist except in areas within
1/4mile of a full freeway interchange .
20 . 66 Light Impact Industrial ( LII ) District
20 . 66 . 010 Purpose .
The purpose of the Light Impact Industrial District is to implement the
Comprehensive Plan by providing for the planned development of large land areas ,
in appropriate locations within Urban Growth Areas, primarily for industrial and
subordinate uses which provide support services to the district . Light industrial
u ses are primarily related to services , and distribution , manufacture and assembly
of finished products that have a relatively light impact on adjacent uses and
districts . Furthermore , it is the purpose of this district to encourage the master
planning of the entire industrial site in ensuring compatibility between industrial
o perations, as well as the existing and future character of the adjacent areas, It is
also a purpose of the district to accommodate limited commercial uses that are
incompatible with other commercial uses .
Page 7 of 8
Exhibit A: WCC Title 20 Amendments November 9 , 2011
20 . 67 General Manufacturing (GM ) District
20 . 67 . 010 Purpose .
The purpose of this district is to provide for rural general manufacturing activities
which by their nature are less intensive uses than those of heavy industry but of
greater intensity than uses associated with the Rural Industrial - Manufacturing
district, and to provide employment opportunities for residents of the rural area .
General manufacturing uses are primarily related to fabrication , manufacture ,
storage and distribution of products which have minimal off- site impacts on
adjacent nonindustrial zone districts . It is a further purpose of this district to
encourage proper design of developments in order to minimize use conflicts within
and beyond the district's boundaries as enabled through the district's performance
and development standards , as well as buffer and setback requirements . This
district shall comply with the rural land use policies and criteria set forth in the
Comprehensive Plan . This district may be located in an Urban Growth Area , a Rural
Community , or Rural Business area , as designated in the Comprehensive Plan . To
retain and enhance the job base in rural areas , the county must have the flexibility
to retain existing business and allow them to expand , as per RCW 36 . 70A1011 .
20 . 69 . Rural Industrial - Manufacturing ( RIM ) District
20 . 69 . 100 Accessory Uses.
. 108 Retail sales of merchandise manufactured , assembled or stored on site within
the definition of accessory uses as defined in Chapter 20 . 97 ; provided retail
facilities do not exceed fifteen percent of the total floor area of all buildings located
on site .
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