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HomeMy WebLinkAboutord2010-019 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 166 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3/30 Alex Cleanthous Council Introduction K 311 q-/2Pfa Division Head: 4/13 Planning and Wain Harrison �/� PV ° R L� C IF _ \v n � : Development i Committee Dept Head: j j� 4/13 Council -77 DavidStalheim a ? " (V MAR 2 3 2010 Prosecutor: Royce Buckingham 3 r 1 ��O Purchasing/Budget: y AT C ® M COUNTY Brad Bennett COUNCIL Executive: Pete Kremen (Q TITLE OFD MENT: International Boundary Commission Setback ATTACHMENTS: ( 1 ) Ordinance (2) Memo to Council (3 ) Whatcom County Planning Commission Findings of Fact and Reasons for Action SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 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 amendment to the Whatcom County Zoning code, Title 20. The proposed amendment is to implement a ten foot setback for all properties along the US-Canada border. The proposal will allow for the International Boundary Commission to manage a twenty foot vista along the border. Ten feet on each side of the border is managed and maintained for this vista. COMMITTEE ACTION:: COUNCIL ACTION: 4 / 13 / 2010 : Forwarded to Council for approval 3 / 30 / 2010 : Introduced 4 / 13 / 2010 : Council Adopted 7 -0 Ord . 2010- 019 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2010-019 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. 1 2 3 SPONSORED BY : Consent 4 5 PROPOSED BY: PDS 6 7 INTRODUCTION DATE :3 / 30 / 10 8 9 10 11 ORDINANCE NO. 2010- 019 12 13 AN ORDINANCE TO IMPLEMENT A TEN FOOT SETBACK FOR PROPERTIES 14 ALONG THE US-CANADA BORDERS TO BE MAINTAINED AS A VISTA BETWEEN 15 THE UNITED STATES AND CANADA. 16 17 18 WHEREAS, Whatcom County Planning and Development Services applied 19 for a Zoning Text amendment to Title 20 of the Whatcom County Code . The Zoning 20 application was given the file number PLN2010 - 00007 . 21 22 WHEREAS, On February 16 , 2010 an expedited 60 Day review consistent 23 with RCW 36 . 70A . 106 was sent to Department of Commerce for the proposed 24 zoning text amendment . 25 26 WHEREAS, On February 17 , 2010 the Department of Commerce notified 27 Whatcom County that the notice was received and the proposal was forwarded for 28 public agency comment . 29 30 WHEREAS, As required by WCC 20 . 90 . 050 ( 2 ) environmental review through 31 the State Environmental Policy Act was completed , the Whatcom County SEPA 32 official gave this non - project action a SEPA determination of non - significance ( DNS ) 33 on February 19 , 2010 . 34 35 WHEREAS, Notice of the Whatcom County Planning Commission public 36 hearing was published February 28 , 2010 . 37 38 WHEREAS, The Whatcom County Planning Commission held a public hearing 39 on the proposed zoning text amendment March 11 , 2010 . 40 41 WHEREAS, The Planning Commission voted unanimously 5 - 0 to recommend 42 approval on the proposed zoning text amendment 43 Page 1 1 FINDINGS OF FACT AND REASONS FOR ACTION 2 3 1 ) The International Boundary Commission was created through the Treaty of 4 1908 to monitor and maintain activity along the United States and Canadian 5 border . 6 7 2 ) The Treaty of 1925 between the United States and Canada authorized the 8 International Boundary Commission to empower the two Commissioners to 9 maintain an effective boundary line , and to keep boundary vistas open . 10 11 3 ) The agreement of the Commissioners on December 28 , established that "the 12 boundary through timbered areas should be further marked by a vista along 13 the line of sufficient width to give a cleared 20 -foot skyline . " 14 15 4 ) Whatcom County has jurisdiction over the entire length of its respective 16 border between the United States and Canada . 17 18 5 ) Adoption of the zoning text amendment will aid the International Boundary 19 Commission 's maintenance and notification of development along the United 20 States - Canada border. 21 . 22 6 ) Goal 2UU from the Land Use chapter states , " Promote coordination among 23 the county , cities , Port of Bellingham , and other appropriate jurisdictions in 24 order to protect linked greenbelts , parks , and open spaces . " 25 26 7 ) Policy 2UU - 2 from the Land Use chapter states, " Link county open space 27 corridors with those of adjacent jurisdictions where viable . " 28 29 8 ) The Whatcom County Planning Commission held a public hearing on the 30 proposed zoning text amendment March 11 , 2010 . 31 32 33 CONCLUSION 34 35 The proposal meets all of the legal requirements as noted within the Findings 36 of Fact and Reasons for Action . The proposed amendment is compatible with 37 the Growth Management Act, Whatcom County Comprehensive Plan Goals 38 and Policies , along with policies within Whatcom County's County Wide 39 Planning Policies . Approval of this amendment is in the public interest . 40 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that : Section 1 . The Official Whatcom County Zoning Ordinance (Title 20 ) is hereby amended as shown in Exhibit A . ADOPT�©th1PW �ir4,� th day of April , 2010 . `���`‘ .( CO (, i;'i,' WHATCOM COUNTY COUNCIL A\T�,�NATCD�C�>\ WHATCOM COUNTY, WASHINGTON , . `r / bi kna i3t4jI ! a',is, ga% ncil Clerk am Crawford , C airperson ii,'1'''rrrrr � " * ,,,r ```%.` APPROVED as to fo ( Approved ( ) Denied .„-- - --- r....00r/ Civil Deputy Prosecutor Pete Kremen, Executive Date : '- 2v - 2p/ 6 EXHIBIT A 20. 80 .210 Minimum Setbacks (5) Setbacks. For the purposes of this chapter, the road classification used to determine setback requirements shall be as set forth in this section. In the event a particular road is not listed in this section, the department of public works shall determine the classification, which classification shall be based on the Whatcom County Development Standards or such other local, state or federal roadway standards as the department of public works deems appropriate. (a) Setbacks Requirements of All Districts. (i) No manure lagoon or other open pit storage shall be located closer than 150 feet from any property line, or in a manner which creates any likelihood of ground water pollution or other health hazard. (ii) All manure storage shall be protected from a 25-year flood and shall be located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary high water line of any lake or waterway; provided, that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place, 300 feet shall be substituted for 50 feet. (iii) In all districts where a single-family residence is a primary permitted use, a building permit may be issued for the construction of a replacement dwelling on the same lot; provided, that the owner agrees by filing a statement with the building official that the old dwelling will be demolished, removed or converted to another permitted use upon completion of the new dwelling. (iv) A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. 20.80.210 (5)(b) Setbacks Table Resort Commercial:(RC) Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 30 ' 30 ' 25 ' 25 ' 25 ' 20 ' 5 '2 5 ' 2 1 . Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and Rural Zone Districts shall be administered pursuant to WCC 20 . 64.550 (Buffer area). 2 . Setback requirements for multifamily housing, including all condominiums except time share condominiums and mobile home parks, shall be 20 feet for side and rear yards. 3 . Setback requirements for recreational vehicle parks, and resort-oriented hotels and motels including time share condominiums shall be 45 feet for front yard, and 20 feet for side and rear yards . 4. Setback requirements for nonresort-oriented hotels and motels and nonhabitation commercial development shall be zero feet for side yards and 10 feet for rear yards. 5 . A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. - When located adjacent to I-5 these setbacks may be reduced to 25 ' subject to the screening requirements under WCC 20 . 80 .300 . 2 - Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. Agriculture (AG) Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 50 ' 50 ' 50 ' 50 ' 50 ' 50 ' 20 ' 20 ' 1 . The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. 2 . The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed, shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor' s residence, and pastures are excluded from this section' s requirements. 3 . Parcels of less than five nominal acres shall have the following minimum setbacks : Front Yards : — Primary arterials and secondary arterials : 45 feet. — Collector arterials : 35 feet. — Neighborhood collectors, local access streets : 25 feet. — Minor access streets : 20 feet. Side Yards : Minimum side yard setbacks shall be five feet. Rear Yards : Minimum rear yard setbacks shall be five feet. 4 . A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. Rural Forrest Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 20 ' 20 ' Water Resource Protection Overlay 30 ' 30 ' 1 20 ' 20 ' 20 ' 20' 20 ' 20 ' 1 . Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry zone situated adjacent to the Commercial Forestry zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42 .651 shall be subject to the standard setback of the Rural Forestry Zone. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman' s stations shall not be located within 100 feet of any other zone district. 2 . Parcels utilized solely for community centers shall observe the following minimum setback requirements : front yard : 50 feet; side yard : 25 feet; rear yard : 25 feet. 3 . When a permitted residence (WCC 20.42 .056), adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. 4 . Lummi Island Scenic estates setbacks shall be administered under the Rural Residential Island setback standards. 5 . A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. Rural Residential (RR} Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 5 ' 1,2 5 , 1 Water Resource Protection Overlay 30 ' 30 ' 20 ' 20 ' 20 ' 20 ' 5 ' 5 ' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.32 . 651 shall be subject to the standard setback in WCC 20. 80.210. 2 . A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. Rural �R) Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State ' Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 45 ' 35 ' 25 ' 25 ' 20 ' 5A 5 " Water Resource Protection Overlay 30 ' 30 ' 20 ' 20 ' 20 ' 20 ' 5 ' 5 ' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20 . 36.651 shall be subject to the standard setback in WCC 20. 80.210. 2 . For lots created after 2001 through the cluster provisions, or lots created through the APO provisions which will be used for human habitation shall be set back a minimum of 100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes . No structures shall be constructed within 30 feet of exterior, side and rear property lines, and no structure shall be constructed within 30 feet of an agricultural use. Subject to any further requirements within WCC 20 .38 Agriculture Protection Overlay. 3 . A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. 1 — Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks . Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. Urban Residential (UR) Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45 ' 35 ' 25 ' 25 ' 25 ' 20 ' 512 5 ' 1 Water Resource Protection Overlay 30 ' 30 ' 20 ' 120 ' 20 ' 20 ' ] 5 ' 5 ' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels which are less than 20,000 square feet in a subdivision approved prior to January 1 , 1987, and whose owners have filed an agreement with the county auditor as specified in WCC 20 .20 . 651 shall be subject to the standard setback in WCC 20 . 80 .210 2 . A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. I — Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; in no case will the extend more than one-half the depth of the front yard setback. 2 - Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached dwelling units along the common property line where the dwellings share a common wall . Recreation open Space (ROS ) , . Type Other Road T e Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 100 ' 100 ' 50 ' 50 ' 50' 50 ' 50 ' 50' 1 . Parcels utilized solely for community centers shall observe the following minimum setback requirements : front yard : 50 feet; side yard: 25 feet; rear yard: 25 feet. 2 . Shoreline setbacks shall be administered consistent with the Shoreline Management Program of Whatcom County; provided, that a 25 -foot setback is maintained from the ordinary high water mark of all water bodies and a 50-foot setback is maintained from the ordinary high water mark of fish spawn streams . 3 . A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission.