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Home My WebLink Aboutord2009-033 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 229 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 4.28.09 Council Introduction Michelle Stiles , / ,> Division Head: p c� n _ ' Pt q 5 / 12 / 09 P & D / Council Dept. Head: APR 2 U 2009 David Stalheim ASZIC 1 ( V Prosecutor: y14 COUNTY Roce Buckingham ` 0l COUNCIL Purchasing/Budget: Brad Bennett Executive: Pete Kremen �( TITLE OF DOC MENT: Amending the Official Whatcom County Zoning Ordinance, Title 20, for the purposes of clarifying the definitions of bed and breakfast operations and additional standards throughout the code. ATTACHMENTS: ( 1 ) Draft Ordinance (2) Whatcom County Planning Commission Findings of Fact and Reasons for Action (3 ) Excerpts from Planning Commission Public Hearing Minutes (4) Proposed Amended Text (5 ) Staff Report 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.) The proposal is to amend the official Whatcom County Zoning Ordinance, Title 20, chapter 20 .97, in order to clarify definitions of "bed and breakfast establishment" and "bed and breakfast inn;" also amending Chapter(s) : 20 .20, 20 .22, 20 .24, 20.32, 20 .34, 20 .36, 20 .37, 20 .61 , and 20.72 by clarifying the use of bed and breakfast operations; and also amending 20 .40 and 20.64 by including new language to provide for Bed and breakfast operations in the Agricultural and Resort Commercial districts. COMMITTEE ACTION: COUNCIL ACTION: 5 / 12 / 2009 : Forwarded to Council for approval 4 / 28 / 2009 : Introduced 5 / 12 / 2009 : Council Adopted 7 -0 Ord . 2009 - 033 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2009 -033 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. C:\DOCUME- 1 \ADMINI-1 \LOCALS—I \Temp\XPgrpwise\20090415-agendabi l l-b-b.doc SPONSORED BY: CONSENT PROPOSED BY : PDS INTRODUCTION DATE : APRIL 28, 2009 ORDINANCE # 2009 - 033 AMENDING WHATCOM COUNTY CODE, TITLE 20, FOR THE PURPOSES OF CLARIFYING THE DEFINITIONS OF BED AND BREAKFAST OPERATIONS AND ADDITIONAL STANDARDS THROUGHOUT THE CODE WHEREAS, Whatcom County Planning and Development Services identified bed and breakfast operations as a " Code Scrub " item as part of the long range work plan . The list of " Code Scrub " items are those that zoning administrative staff have identified with issues needing clarification within the zoning code ; and WHEREAS, legal notice requirements have been met ; and WHEREAS, on Thursday , March 26 , 2009 , the Whatcom County Planning Commission received the staffs findings and recommendations , and held a public hearing on the proposed amendment and considered all testimony ; and WHEREAS, on Thursday , March 26 , 2009 , the Whatcom County Planning Commission voted to recommend approval of the proposed amendment to the Whatcom County Council ; and WHEREAS , the Whatcom County Council has considered the Planning Commission 's Findings of Fact and Reasons for Action , Conclusions and Recommendation for the proposed amendment ; and WHEREAS, the amendment conforms to the requirements of the Growth Management Act, is consistent with the Goals and Policies of the Whatcom County Comprehensive Plan , the County - Wide Planning Policies, and has been evaluated for consistency with the interlocal agreements and comprehensive plans of associated cities ; and WHEREAS , The County Council has adopted the following Findings of Fact : FINDINGS OF FACT FINDINGS OF FACT AND REASONS FOR ACTION 1 . Whatcom County Planning and Development staff has compiled a list of issues with the current zoning code that are causing confusion and difficulty in implementation . Among these items were the regulations regarding bed and breakfast establishments and bed and breakfast inns . ' 2 . The text amendment will clarify development regulations for the public to clearly understand what the standards are for bed and breakfasts . 3 . Staff held discussions in which it was determined that bed and breakfast operations should be provided in the Agriculture and Resort Commercial zones . 4 . The proposed amendment to the Whatcom County Official Zoning Ordinance was initiated to the docket by Whatcom County Planning and Development Services , and was given file number PLN2009 - 00002 . 1 5 . Notice of the proposed amendment was sent to the Department of Community , Trade and Economic Development ( CTED ) and other state agencies on January 5 , 2009 . On January 6 , 2008 CTED notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required . No comments regarding the proposed amendment have been received from CTED as of March 26 , 2009 . 6 . On February 26 , 2009 , the Whatcom County State Environmental Policy Act ( 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 ended on March11 , 2009 . No comments were received regarding this determination . 7 . Notice of the Planning Commission hearing for the proposed text amendment was published in the Bellingham Herald on March 12 , 2009 . 8 . Pursuant to Whatcom County Code ( WCC ) 20 . 90 . 050 , as of March 11 , 2009 , 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 . 9 . A Whatcom County Planning Commission public hearing was held on the subject amendment on March 26 , 2009 . 10 . On Thursday , March 26 , 2009 , the Whatcom County Planning Commission voted to recommend approval of the proposed amendment to the Whatcom County Council . 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 on Attachment 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 . \ ``� � � t11111111 ///�� \ OP9 ��6•,, 12th day of May 2009 J t404sC \, WHATCOM COUNTY COUNCIL v .g .; . Coo o : WHATCOM COUNTY, WAS ' GTON / 4 f .____ ___.• errAioN. LiFsibles...• ....viz egetli_ ,e, ,,,,,,,, /. Da'r1 BrJwn; PAvi ,So,� cil Clerk wrath Fleetwo • : , Chairperson "0//��lrllllllll44 o``` APPROVED a to form : ( oved ( ) Denied 1! /∎-- Royce c u �:; • • ham , Pete Kremen , Executive Civil Deputy Prosecutor Date : Se-----19 - 07 File # PLN2009-00002 3/26/09 Attachment A Page 1 Attachment A Chapter 20.97 - Definitions 20.97.027 Bed and breakfast establishment. "Bed and breakfast establishment" means a privately-owned dwelling that is the primary residence(s) of the owners in which, for compensation, one to two rooms are used to house or lodge individuals or families for periods of less than one month as transient visitors with limited food service. The use of the dwelling unit for the bed and breakfast shall be dearly incidental and subordinate to its use for residential purposes and the purpose of the applicable zoning district. 20.97.028 Bed and breakfast inn. "Bed and breakfast inn" means a privately-owned dwelling that is the primary residence(s) of the owners in which, for compensation, three to five rooms are used to house or lodge individuals or families for periods of less than one month as transient visitors with limited food service. The use of the dwelling unit for the bed and breakfast shall be clearly incidental and subordinate to its use for residential purposes and the purpose of the applicable zoning district. Chapter 20.20 Urban Residential District 20 .20. 100 Accessory uses. . 106 Bed and breakfast establishments. 20 .20. 150 Conditional uses. 159 Bed and breakfast inns. Chapter 20.22 Urban Residential - Medium Density District 20.22 . 100 Accessory uses. . 106 Bed and breakfast establishments 20 .22. 150 Conditional uses. . 155 Rooming houses, or. bed and breakfast inns . Chapter 20.24 Urban Residential - Mixed District 20.24 . 100 Accessory uses . . 106 Bed and breakfast establishments . 20 .24. 150 Conditional uses . . 159 . Bed and breakfast inns. Chapter 20.32 Residential Rural District 20 . 32. 100 Accessory uses. File # PLN2009-00002 3/26/09 Attachment A Page 2 . 106 Bed and breakfast establishments 20. 32 . 150 Conditional uses. . 159. Bed and breakfast inns. Chapter 20.34 Rural Residential-Island District 20.34. 100 Accessory uses. . 106 Bed and breakfast establishments. 20. 34 . 150 Conditional uses. • . 161 . Bed and breakfast inns. Chapter 20.36 Rural District 20 .36. 100 Accessory uses. . 109 Bed and breakfast establishments . 20. 36 . 150 Conditional uses. . 170 . Bed and breakfast inns. Chapter 20.37 Point Roberts Transitional Zone District 20 . 37. 100 Accessory uses. . 107 Bed and breakfast establishments. 20. 37 . 150 Conditional uses. . 156 . Bed and breakfast inns. Chapter 20.40 Agriculture District 20.40 . 100 Accessory . uses. . 113 Bed and breakfast establishments. 20 .40. 150 Conditional uses . 194 Bed and breakfast inns. Chapter 20.42 Rural Forestry District 20.42 . 150 Conditional uses. . 152 Bed and breakfast establishments. Chapter 20.61 Small Town Commercial District 20. 61 . 050 Permitted uses. . 060 Hotels, motels, and conference centers. 20.61 . 100 Accessory uses. . 106 Bed and breakfast establishments and bed and breakfast inns. Chapter 20.64 Resort Commercial District File # PLN2009-00002 3/26/09 Attachment A Page 3 20 .64 . 100 Accessory uses. . 110 Bed and breakfast establishments and bed and breakfast inns. Chapter 20.72 Point Roberts Special District 20.72. 050 Permitted uses . .051 In the RC Zone, bed and breakfast establishments and bed and breakfast inns