HomeMy WebLinkAboutord2009-034 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009- 230
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 4.28. 09 Council Introduction
Michelle Stiles
ikit$
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Division Head:
5 / 12 / 09 P & D / Council
.p1LCI _ VI : D
Dept. Head:
David Stalheim yi (6
Prosecutor: C.� APR 2 0 2009
Royce Buckingham - l 17 - 6e
Purchasing/Budget: l WHATCOM COUNTY
Brad Bennett a // C ® U N C � l.,Peecutive:
Pete Kremer .�
TITLE OF DOCUMENT: Amending the Official Whatcom County Zoning Ordinance, Title 20, for the purposes of clarifying the
definitions of day care 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
•
(51 Staff Renort
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.)
Adopting amendments to the official Whatcom County Zoning Ordinance, Title 20, chapter 20 .97 — Definintions, in order
to clarify language that defines "family day care home," "mini-day care center," "mini-day care home," AND "day care
center;" also to amend chapter(s) : 20 .20, 20 .22, 20 .24, 20.32, 20 .34, 20 .35 , 20 .36, 20 .37, 20 .40, 20 . 60, 20 . 62, 20 .63 , 20 .64,
20 . 65 clarifying the use of day care operations .
COMMITTEE ACTION:: COUNCIL ACTION:
5 / 12 / 2009 : Forwarded to Council for approval 4 / 28 / 2009 : Introduced
5 / 12 / 2009 : Council Adopted 6- 1 Brenner
opposed Ord . 2009 - 034
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2009 - 034
•
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- I \ADMINI-1 \LOCALS— I \Temp\XPgrpwise\200904I5-agenda-bill-day care_I .doc
SPONSORED BY : CONSENT
PROPOSED BY : PDS
INTRODUCTION DATE : APRIL 28, 2009
ORDINANCE # 2009 -034
AMENDING WHATCOM COUNTY CODE, TITLE 20, FOR THE PURPOSES OF
CLARIFYING THE DEFINITIONS OF DAY CARE 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 staff's 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 Services staff has compiled a
list of issues with the current zoning code that cause confusion and
difficulty in implementation . Among these items were the regulations
regarding day care facilities .
2 . The text amendment will clarify development regulations , making it easier
for the public to clearly understand what the standards are for "family day
care home , " " mini -day care center, " " mini -day care home , " and " day care
center . "
3 . 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 - 00003 by
Planning and Development Services Department .
4 . 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 .
5 . 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
March 11 , 2009 . No comments were received regarding this
determination .
6 . Notice of the Planning Commission hearing for the proposed text
amendment was published in the Bellingham Herald on March 12 , 2009 .
7 . 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 .
8 . A Whatcom County Planning Commission public hearing was held on the
subject amendment on March 26 , 2009 .
9 . 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 .
\\-c M ? this 12th day of May 2009
V C o"Jo,
4,N. so'0 . . .c c HAT�� ' 4 • - i WHATCOM COUNTY COUNCIL
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a S' : o . 0 • WHATCOM COUNTY, W A HINGTON
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na t rs SiS C � ncil Clerk d h Fleet ood Chairperson
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C/ • • • . • • •
APPROV? u as 'to`form : ( oved ( ) Denied
7 .__. --
Royce Fa - i � Pete Kremen , Executive
Civil Deputy Prb�ecutor
Date : < -47-1
File # PLN2009-00003 3/26/09
Attachment A Page 1
Attachment A
Chapter 20.97 Definitions
20 . 97 . 126 Family day care home
Means an occupied dwelling unit regularly providing care during part of the 24-hour day
for six or fewer children in the family abode of the person or persons under whose direct
care the children are placed. Such care in a family day care home is limited to six or
fewer children, including those children lining in the home or children of other close
relatives cared for in the home.
20. 97 .241 Mini-day care center
Means a structure other than an occupied dwelling unit regularly providing care during
part of the 24-hour day for twelve or fewer children. Such care in a mini-day care center
is limited to 12 or fewer children, including those children of the faculty or children of
other close relatives cared for by the faculty.
20. 97.242 Mini-day care home
Means an occupied dwelling unit regularly providing care during part of the 24-hour day
for seven to twelve children in the family abode of the person or persons under whose
direct care the children are placed. Such care in a mini-day care home is limited to 12 or
fewer children, including those children living in the home or children of other close
relatives cared for in the home.
20. 97. 092 Day care center
Means a structure other than an occupied dwelling unit regularly providing care during
part of the 24-hour day to thirteen or more children.
1
File # PLN2009-00003 3/26/09
Attachment A Page 2
Chapter 20.20 Urban Residential District.
Accessory use
. 105 Family day care homes subject to the requirements of WCC 20 . 97 . 180 for home
occupations.
Administrative Approval
. 134 Mini-day care homes.
Conditional Use
. 154 Retirement and convalescent homes; social and health rehabilitation centers; day
care centers; mini-day care centers; and adult care centers not in a family dwelling; and
other health-related services consistent with the purpose of the district.
Chapter 20.22 Urban Residential Medium District
Accessory use
. 105 Family day care homes subject to the requirements of WCC 20.97 . 180 for home
occupations.
Administrative Approval
. 133 Mini-day care homes.
Conditional Use
. 154 Retirement and convalescent homes; social and health rehabilitation centers; day
care centers; mini-day care centers; and adult care centers not in a family dwelling; and
other health-related services consistent with the purpose of the district. *
Chapter 20.24 Urban Residential Mixed Use District
Accessory use
. 105 Family day care homes subject to the requirements of WCC 20 . 97 . 180 for home
occupations.
2
File # PLN2009-00003 3/26/09
Attachment A Page 3
Administrative Approval
. 134 Mini-day care homes .
Conditional Use
. 154 Retirement and convalescent homes; social and health rehabilitation centers; day
care centers; mini-day care centers; and adult care centers not in a family dwelling; and
other health-related services consistent with the purpose of the district.
. 161 The following uses may be approved within a neighborhood center where the
locational criteria (WCC 20.24. 161 (2)) and site criteria (WCC 20 .24 . 161 (3)) are met; the
floor area per nonresidential use does not exceed 2,500 square feet; and the developer has
conducted at least one neighborhood meeting prior to application for the purpose of
hearing neighborhood concerns and suggestions regarding the proposal.
( 1 ) Uses.
(a) Commercial uses with a neighborhood or specialty nature including, but not limited
to, barber and beauty shops, bakeries, drugstores; provided, that food markets may have
no more than two gasoline pump islands, hardware stores, restaurants and coffee shops
without drive-up service, stationery stores, laundromats, video rental, bookstores, frame
shops and other small convenience retail, rental, or repair shops.
(b) Professional offices.
(c) Adult care centers, mini-day care centers, and day care centers. .
(d) Residential units located on the upper floor(s) of buildings containing the uses listed
above. Such units will be counted toward minimum densities and maximum percentage
of multifamily units, but shall not be counted toward maximum densities.
(2) Locational Criteria. Uses must be clustered in a single center which is no larger than
two acres, excluding areas used for duplex and multifamily dwellings, and:
(a) Fronts on an arterial or collector street; or
(b) Is located adjacent to a public square or neighborhood park; and
(c) Is no closer than one-half mile from an existing or approved commercial center or
other commercial use or zone;
(d) Neighborhood centers shall not be developed in areas characterized by residential
development at less than one dwelling unit per acre except as part of a mixed residential
development. * .
(3 ) Site Criteria.
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File # PLN2009-00003 3/26/09
Attachment A Page 4
(a) Parking shall be located at the rear of the buildings with access from alleys or side
streets. On-street parking may be counted toward the parking requirements in Chapter
20 . 80 WCC .
(b) Buildings are located adjacent to the right-of-way or sidewalk, or as close as allowed
in WCC 20. 80 .200, Setback requirements.
(c) Commercial development shall occur in nodes; linear strips will be discouraged.
(d) Centers should be visible and accessible to pedestrians from the streets and clearly
defined through lighting, landscape, landmarks, and/or open space.
(e) In the Urban Fringe Subarea, specific wetland systems and sensitive environmental
areas shall be preserved and incorporated into the development site design plan consistent
with Bellingham city ordinances . *
(f) Sidewalks are a minimum of eight feet wide .
(g) Street trees are located on the curb side of the sidewalk in accordance with city of
Bellingham street tree standards .
(h) Individual businesses or establishments must be joined by common walls unless the
applicant can demonstrate to the satisfaction of the administrator that unique site
circumstances dictate some other form.
(i) Storage areas shall be located entirely within the structure and outside trash
receptacles shall be enclosed and screened from public view.
(j ) All lighting shall be designed and installed to prevent the illumination of adjacent
properties during business hours; however, security lighting may be permitted during
nonbusiness hours if it is designed to prevent the illumination of adjacent properties.
(k) In accordance with WCC 20 . 80 .465 , Urban Residential-Mixed (UR-MX) District sign
regulations, not more than two identification signs, with a maximum of 32 square feet
total area for each storefront shall be permitted; provided, that said sign(s) shall not
project above any part of the roof line. Signs may extend 24 inches from the wall or to
the edge of a permanent canopy or awning of the building to which it is attached. At least
one of the signs for an individual business must be readable to pedestrians on the adjacent
sidewalk. Said sign(s) shall be harmonious and compatible in appearance with the
character of the surrounding area. Signs may only be illuminated by an indirect external
source. *
(1) Use of shared parking areas is encouraged. The minimum parking requirement shall be
50 percent of the parking requirements in WCC 20 . 80. 580, but shall in no case exceed
two-thirds of the requirements in WCC 20 . 80 . 580.
4
File # PLN2009-00003 3/26/09
Attachment A Page 5
Chapter 20.32 Residential Rural District
Accessory use
. 105 Family day care homes subject to the requirements of WCC 20 . 97 . 180 for home
occupations.
Administrative Approval
. 133 Mini-day care homes. .
Conditional Use
. 154 Retirement and convalescent homes; social and health rehabilitation centers; day
care centers; mini-day care; centers and adult care centers not in a family dwelling; and
other health-related services consistent with the purpose of the district. *
Chapter 20.34 Rural Residential Island Chapter
Accessory use
. 105 Family day care homes subject to the requirements of WCC 20 . 97 . 180 for home
occupations.
Administrative Approval
. 133 Mini-day care homes.
Conditional Use
. 154 Retirement and convalescent homes; social and health rehabilitation centers; day
care centers; mini-day care centers; and adult care centers not in a family dwelling; and
other health-related services consistent with the purpose of the district.
Chapter 20.35 Eliza Island District
Accessory use
. 107 Family day care homes subject to the requirements of WCC 20.97. 180 for home
occupations.
Administrative Approval
. 131 Mini-day care homes .
5
File # PLN2009-00003 3/26/09
Attachment A Page 6
Conditional Use
. 154 Day care centers and mini-day care centers.
Chapter 20.36 Rural District
Accessory use
. 108 Family day care homes subject to the requirements of WCC 20. 97 . 180 for home
occupations.
Administrative Approval
. 134 Mini-day care homes.
Conditional Use
. 154 Retirement and convalescent homes; social and health rehabilitation centers; day
care centers; mini-day care centers; and adult care centers not in a family dwelling; and
other health-related services consistent with the purpose of the district. *
Chapter 20.37 Transitional District
Accessory use
. 106 Family day care homes subject to the requirements of WCC 20 . 97 . 180 for home
occupations.
Administrative Approval
. 133 Mini-day care homes.
Conditional Use
. 154 Retirement and convalescent homes; social and health rehabilitation centers; day
care centers; mini-day care centers; and adult care centers not in a family dwelling; and
other health-related services consistent with the purpose of the district. *
Chapter 20.40 Agriculture District
Accessory use
6
File # PLN2009-00003 3/26/09
Attachment A Page 7
. 112 Family day care homes subject to the requirements of WCC 20. 97 . 180 for home
occupations.
Administrative Approval
. 138 Mini-day care homes .
Chapter 20.60 Neighborhood Commercial District
Permitted Use
. 059 Adult care centers, mini-day care centers, and day care centers
Accessory use
. 104 Family day care homes and mini-day care homes; provided that such uses conform
to the definition of home occupation, WCC 20.97 . 180, and further; provided that the
single family residence is a legally non-conforming use.
Chapter 20.62 General Commercial District
Permitted Use
. 069 Mini-day care centers and day care centers ; provided, that such uses require a
conditional use permit if located within airport overlay zone 2 or 3 as shown in Whatcom
County Comprehensive Plan Appendix H.
Accessory use
. 104 Family day care homes and mini-day care homes; provided, that such uses conform
to the definition of home occupation, WCC 20 . 97. 180, and further; provided that
such uses require a conditional use permit if located within airport overlay zone 2 or 3 as
shown in Whatcom County Comprehensive Plan Appendix H.
Chapter 20.63 Tourist Commercial District
Permitted Uses
. 065 Mini-day care centers and day care centers.
Accessory use
. 104 Family day care homes and mini-day care homes; provided that such uses conform
to the definition of home occupation, WCC 20 . 97. 180, and further; provided that the
single family residence is a legally non-conforming use.
Chapter 20.64 Resort Commercial District
Permitted Use
7
File # PLN2009-00003 3/26/09
Attachment A Page 8
.069 Mini-day care centers and day care centers.
Accessory use
. 120 Family day care homes and mini-day care homes; provided that such uses conform
to the definition of home occupation, WCC 20 . 97 . 180.
Conditional Use
. 164 Retirement and convalescent homes; social and health rehabilitation centers; and
adult care centers in a building not used as a residence; and other health-related services
consistent with the purpose of the district.
Chapter 20.65 Gateway Industrial District
Permitted Uses
. 056 The following uses; provided, that maximum allowable floor area of buildings on
parcels located beyond one-quarter mile of a freeway interchange shall not exceed 6,000
square feet per individual use or an aggregate of 30,000 square feet within a single
development:
( 1 ) Barber and beauty shops.
(2) Bakery shops.
(3) Drug stores, hardware stores, food markets and other convenience retail shops.
(4) Adult care centers, mini-day care centers or day care centers. .
(5) Recreational vehicle parks and associated sales and service facilities.
(6) Churches.
(7) Service stations.
(8) Laundry and dry cleaning establishments.
(9) Eating and drinking establishments.
( 10) Commercial storage of personal recreational boats and trailers, recreational vehicles
and accompanying mini-storage.
Accessory Use
. 107 Mini-day care centers and day care centers ; operated by, maintained by or funded by
business in the district for the purpose serving the child care needs of employees whose
place of employment lies within this zone district.
Chapter 20.66 Light Impact Industrial District
Accessory Use
. 107 Mini-day care centers and day care centers; operated by, maintained by or funded by
business in the district for the purpose serving the child care needs of employees whose
place of employment lies within this zone district
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File # PLN2009-00003 3/26/09
Attachment A Page 9
Chapter 20.67 General Manufacturing District
Accessory Use
. 107 Mini-day care centers, and day care centers;operated by, maintained by or funded by
business in the district for the purpose serving the child care needs of employees whose
place of employment lies within this zone district.
Chapter 20.68 Heavy Impact Industrial District
Accessory Use
. 107 Mini-day care centers, and day care centers; operated by, maintained by or funded
by business in the district for the purpose serving the child care needs of employees
whose place of employment lies within this zone district
Chapter 20.70 Airport Operations District
Accessory Uses
. 106 Mini-day care centers, and day care centers ; operated by, maintained by or funded
by business in the district for the purpose serving the child care needs of employees
whose place of employment lies within this zone district.
9