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Home My WebLink Aboutord2004-014;VHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2003- 075B CLEAR4:YC£.4 hurri Date Date Received in Council 0 ere A enda Dare Assi ned to: Originator: Alan W. narnot 8 -18 -03 � L� C E I,I \v' E uJ SEP 02 2003 WHAnni COUNTY mmi 9 -9 -03 Introduction Division Head: Sylvia Goodwin 6`'0 9 -23 -03 Public Works &Capital Projects Committee a L Dept. Head: Hat Hart -a j; Ci bl Cctlal Lll� Prosecutor: KarenFrahes �r/$-uY n-Ilt-v 1 13 1 10 Purch rringoludgn: Z1 CV Executive: Pete Kremen qyj� Z 4 Viiiv/CouWCJL. SUBJECT: Ordinance adopting amendments to the Whatcom County Comprehensives ?qIan a d Zoning Orrd7inance ` elating to essential publicfacilities. G/Z 3/9 n4 Pu BSI C NEAR) CIE{ ATTACHMENTS: (1) Proposed ordinance (2) Planning Commission Findings of Fact & Reasons for Action, Conclusions, and Recommendations (3) Planting Commission minutes :Yore: Background materials are available for review at the County Council office SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( all NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: i A hearing most be held if the Council changes the Planning Commission recommendation (WCC 20, 10.110). SUMMARY STATEMENT: State law requires counties and cities to Distribution Request provide for the siting of essential public facilities, which are land uses that are important to the community or region but are typically difficult to site because of neighborhood opposition, environmental issues, etc. The proposed essential Indicate rnaae who should receive copy alter connnu anion. Ind sp¢cPo names to right. List ADS Facilities Management public facility rules address the siting of airports, state education facilities, state and regional transportation facilities, correction facilities, solid waste handling ADSFinance facilities, substance abuse facilities, mental health facilities, group homes, ADSHuman Resources ADSr f Services secure community transition facilities for sex offenders, water treatment plants, Assessor Keith Willaauer water storage facilities, sewer treatment plants and telecommunication towers. Auditor Note: The subject proposal is one of a number of comprehensive plan Cooperative extension District Court amendments initiated this year. These amendments must be considered Executive concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36,70A.130). Additionally, pursuant to the revise schedule established in WCC 20.10.120, final Council action on these amendments should occur on or about November 30. Health Hearing Examiner Jail COUNCIL ACTION TAKEN+ ParksQP Parks 2003-75B 91912003: introduced 9123/03 -. Discussed In Public Works Committee 12/9)20113: Held /Council 111312004'. Held /council 1/272004'. Held in committee to 2/10104 2/1012004: Held in committee M 2/24/04 319/2004'. Amended and adopted 6 -0, Nelson absent. Ortl. #2004 014 2/24/2004: Held - Hearing to be held 319/2004 Planning Hal Hart Prosecutor Public Works Sheri Superio•COUrt Treasurer Other L Ordinance or Resoluu$�Numher aonnr_ u>..nd AR2003 -075 (this item): DM, Z U4 Related rite numeva ra- zx-- 2 Planning DivisionAComp Plan AmendmentsACOm) Plan 2003VCMP2003 -00005 (Essential Public Facilities) - AB.dac 8 -18 -03 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 9/9/03 ORDINANCE # 2004 -014 AMENDING THE ESSENTIAL PUBLIC FACILITY PROVISIONS OF THE WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING ORDINANCE WHEREAS, The Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, The Essential Public Facilities Advisory Committee issued recommendations to amend the Comprehensive Plan and zoning regulations; and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held a public hearing on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments and made certain modifications; WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT The state Growth Management Act requires that local comprehensive plans contain provisions relating to essential public facilities (RCW 36.70A.200). The Whatcom County Comprehensive Plan, adopted in 1997, contained a provision to "Establish an Essential Public Facility Advisory Committee to develop a site selection criteria, approval and appeals process for essential public facilities" (Chapter 2, Action Plan item # 49). The County Council created this advisory committee on May 15, 2001, when it passed Resolution No. 2001 -022. P. I 4. The committee, which was composed of citizen, business, mental health and government representatives, held its first meeting on December 4, 2001 and met 23 times over the following year. The committee finished its work and issued final recommendations on December 5, 2002. 5. The Planning Commission held work sessions on January 9, February 27, March 13, April 10, and May 8, 2003 in an educational process to learn about the Essential Public Facilities Advisory Committee's recommendations. 6. Notice of a Planning Commission hearing for the subject amendment was published in the Bellingham Herald on May 29, 2003. 7. The Planning Commission held a public hearing on the subject amendments on June 12, 2003. 8. A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 18, 2003. 9. The Growth Management Act requires that local comprehensive plans must contain a process for identifying and siting essential public facilities (RCW 36.70A.200(1)). 10. The initial process for identifying essential public facilities included review by the Advisory Committee and the Planning Commission, which held a public hearing on the proposal. This process led to the addition of several land use activities to the list of essential public facilities. The subject amendment also contains a process for identifying essential public facilities in the future. Specifically, Policy 2WW -3 indicates that land use activities can be added to the adopted list of essential public facilities through the comprehensive plan amendment process. 11. The Growth Management Act requires that development regulations must provide for the siting of secure community transition facilities for sex offenders (RCW 36.70A.200(2)). 12. The subject proposal amends the Official Whatcom County Zoning Ordinance to allow secure community transition facilities in certain zoning districts in Whatcom County. Such facilities would be subject to restrictions around: Public schools, private schools, school bus stops, licensed day care, licensed pre - school facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, and youth camps. 13. The Growth Management Act requires that comprehensive plans and development regulations can not preclude the siting of essential public facilities (RCW 36.70A.200(5)). 14. Comprehensive Plan policy 2ZZ -2 indicates that the County will not preclude the siting of essential public facilities in designated zoning districts. The proposed zoning regulations specifically allow each type of essential public facility in appropriate zoning districts. P. 2 15. The Growth Management Act requires that: No county or city that plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 ... (RCW 36.70A.410). 16. Proposed policy 2XX -13 reiterates the Growth Management Act provisions relating to fair housing (RCW 36.70A.410). Additionally, the proposed zoning amendments allow homes for the handicapped, which include mental health and substance abuse residential treatment facilities, as a permitted use when they are similar in size to other residential structures permitted in the zone. 17. The Growth Management Act contains 13 planning goals to guide development of comprehensive plans and development regulations (RCW 36.70A.020). Planning Goal # 1 is to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner." 18. Whatcom County Comprehensive Plan Goal 2CC is to `Retain the rural character and lifestyle of Whatcom County." 19. Rural and Residential Rural zoning districts are located in both Urban Growth Area and various rural Comprehensive Plan designations. The proposed regulations require that substance abuse, mental health and group home facilities that are larger than other residential structures allowed in the Rural and Residential Rural zoning districts should be located within the short term planning area of the Urban Growth Area if possible. This will direct larger facilities to areas with adequate services and help to retain the rural character. Additionally, it would be consistent with the existing zoning code, which treats comparable land uses in this manner. 20. County -Wide Planning Policy K -6 states: "Essential public facilities will not be precluded from consideration within Whatcom County as required by GMA. A process consistent with GMA and the County-wide Planning Policies will be developed to address the siting of essential public facilities." P. 3 21. The existing Comprehensive Plan goals relating to essential public facilities include: GOAL 2W W: Establish a process for siting essential public facilities. GOAL 2XX: Establish siting criteria for essential public facilities. GOAL 2YY: Provide for broad participation in the siting process by affected agencies, citizens and any other interested parties. GOAL 2ZZ: Establish a clear review or appeal procedure to resolve differences of opinion regarding facility site selection. 22. County-Wide Planning Policy K -6, Goal 2WW, and Goal 2XX were addressed by the recommendations of the Essential Public Facilities Advisory Committee, which allow each type of essential public facility somewhere within unincorporated Whatcom County, as required by state law. Additionally, the Advisory Committee developed a process and siting criteria for essential public facilities. 23. With regard to Goal 2YY, there were citizen, business, mental health and public agency representatives on the committee, and citizens will also be able to comment on the proposed recommendations through the Planning Commission review process. Many of the essential public facilities require a conditional use permit, which will require public notice prior to the hearing. 24. Relating to Goal 2ZZ, the committee decided that the essential public facilities should be subject to the same appeal process as other land use matters in Whatcom County. Administrative decisions are appealed to the hearing examiner, hearing examiner decisions are appealed to the County Council, and County Council decisions are appealed to court. CONCLUSIONS 1. The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan. 2. The subject amendments comply with the approval criteria for comprehensive plan amendments of WCC 20.10.080. P.4 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section L The Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. Section 2. The Official Whatcom County Zoning Ordinance is hereby amended as shown on Exhibit A. Section 3. 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. ADOPTED this 9 day of March , 2004 ,"III��ttt WHATCOM COUNTY COUNCIL ATTEST: `sp%`S Y CA 1// WHATCOM COUNTY, WASHINGTON Dana Brown- ➢avisq (jVM*IQWk o go NG�01 go APPROVED as to form: �~ ` Civil Deputy Prosecutor P. 5 �Q� A _— Dan McShane, Chairperson ( pprovveJeddtf�/ O Denied Pete Kremen, Executive Date: 3 19 Essential Public Facilities - EXHIBIT A Whatcom County Council Approved Version 319104 Notes: 1. The County Council adopted all new text that is shown with underlines (single or bold double underlines). Deleted text is shown with strikethroughs. 2. For informational purposes only, text specifically added by the Whatcom County Council after Planning Commission review is shown with bald double underlininv Original text deleted by the Council after Planning Commission review is shown with beld-strikMkreng7 . 3. The rationale statements and appendices are for informational purposes only and will not appear in the Comp Plan. COMP PLAN AMENDMENTS Amend chapter 2 of the Whatcom County Comprehensive Plan as follows (new language is shown with underlining and language proposed to be deleted is shown with strike - throughs). ESSENTIAL PUBLIC FACILITIES - INTRODUCTION Essential public facilities are those eapital facilities "typically difficult to site, such as airports, state education facilities; and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in- patient facilities including substance abuse facilities, mental health facilities, and group homes, and secure community transition facilities as defined in RCW 71.09.02 " (RCW 36.70A.200, Siting of essential public facilities). The county has also designated telecommunication towers water treatment plants sewer treatment plants and water storage facilities as essential public facilities and the cities may design8fe, erbe Fequestej GOWII� residents or Fp s Rationale for recommended modifications "Capital facilities" are defined in Chapter 4 of the comprehensive plan as County-owned facilities. Private entities may own essential publiefaeilities. 2. A 1998 amendment to the Growth Management Act (GMA), in a bill relating to transportation, inserted the reference to RCW 47.06140 into the definition of essential public facilities. RCW 47.06.140 defines transportation facilities and services ofstatewide signtficanee. 3. A 2001 amendment to the GMA, in a bill relating to sex offenders, inserted the reference to secure community transition facilities (3ESSB 6151). RCW 71.09.020 defines secure community transition facility as " ... a residential facility.jor persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services ... " 4. The Essential Public Facilities Advisory Committee recommended adding telecommunication towers, water treatment plants, sewer treatment plants and water storage facilities to the list of essential public facilities. It was determined by the committee that these facilities are typically difficult to site, are provided by government or subject to public service obligations, and there is a local public need for such facilities (see RCW 36.70A.200 and WAC 365 - 195 -210, 340, & 840). Purpose This section of the Land Use chapter outlines a recommended process for identifying essential public facilities, defining loeational criteria for such facilities, selecting sites for them, and establishing an appeal mechanism as required by the RCW. The suggested process emphasizes avoidance of process duplication, considers the long- and short-term impacts of such siting, provides for effective public review and participation, and stresses compatibility with neighboring land uses. Process This section was prepared with consideration of using information and procedures adopted by other jurisdictions. An Essential Public Facilities Advisory Committee Rationale /or recommended modifications Information from other jurisdictions was reviewed but not copied. 2. Updates this section to recognize the work of the committee. 3. State Office of Community Development indicated on 8 -22 -01 that they do not have any model ordinance. GMA Goals, County -Wide Planning Policies and Visioning Community Value Statements The GMA goal of encouraging citizen participation and coordination is served by this section. This section has been prepared to satisfy that goal while also meeting the intent of the County -Wide Planning Policies (CWPPs) and the general guidelines of the Visioning Community Value Statements. The CWPPs require identification of appropriate land for public facilities, a cooperative and structured process to consider siting of public facilities of a regional, or state -wide nature. Visioning Community Value Statements underscore the importance of citizen participation. Adoption of this section in its�r and implementation of its goals; and policies; and - action - plans, satisfies Growth Management goals, Visioning Community Value Statements, and County -Wide Planning Policies. Rationale for recommended modifications - The only action plan item relating to essential public facilities is to establish an advisory committee to perform its tasks. Once this is accomplished, the action item can be deleted. GMA Requirements RCW 36.70A.200 requires that each county include a process for identifying and siting essential public facilities. The RCW defines essential public facilities as those facilities that are typically difficult to site, such as airports, state education facilities, and state or regional transportation facilities, state and local correction facilities, solid waste handling facilities, and in- patient facilities including substance abuse facilities, mental health facilities, and group homes, and secure community transition facilities for sex offenders. Additionally, the county has designated telecommunication towers water treatment plants, sewer treatment plants, and water storage facilities as essential public facilities This section meets the these requirements of the Growth Management Act. Rationale for recommended modifications: This change would reflect the amendments to the RCW made by the state legislature in 2001 and recommendations of the Essential Public Facilities Advisory Committee. ESSENTIAL PUBLIC FACILITIES - BACKGROUND SUMMARY Essential public facilities include those facilities considered difficult to site because of potential adverse effects related to size, bulk, hazardous characteristics, noise, or public health and safety. The Growth Management Act (RCW 36 70A 200) and the Washington Administrative Code (WAC 365- 195 -340) indicate that essential public facilities- • Are typically difficult to site; • Serve a public need, including a local need- and • Are provided substantially funded or contracted for by government or subject to public service obligations County -Wide Planning Policies (CWPP) stipulate that the county and cities must identify appropriate land for public facilities meeting the needs of the community such as Scheel , human serNiee Ind oche Pert oFrndn..� T6 —� ��R�.. facilities, b fiaeilitie- - iph as substance abuse fiwilities, mental health facilities, and group servefegirmal er state requirements, Adopted CWPPs require the county and cities to develop a cooperative and structured process, including public involvement at an early stage, to consider siting of public facilities of a regional, state -wide, or federal nature. Solid mraste disposal, uses are exffln�' Any new facilities or major expansions of existing facilities must conform to these local siting procedures. The CWPPs also address the desirability of shared rights -of -way when not in conflict with wildlife, technical, or public health and safety concerns. Rationale for recommended modifications (1) This change more clearly articulates the criteria for designating essential public facilities, which are set forth in RCW 36.70A.200 and WAC 365- 195 -340. (2) Some of the facilities mentioned, such as recreational properties, are not essential public facilities and it may be confusing to mention recreation and other uses in the section ofthe Comprehensive Plan relating to essential publie.facilities. (3) The list of essential public facilities has been mentioned previously in the Comp Plan text and it may be confusing to have several partial lists oflhefacilities in this text. ESSENTIAL PUBLIC FACILITIES - ISSUES, GOALS, AND POLICIES Siting Essential Public Facilities Essential public facility siting may not be prohibited by any local plan or regulation; the Growth Management Act, however, empowers local government to determine those plans, policies, and regulations that are most appropriate to county communities. An equitable distribution of public facilities is important to avoid an unfair concentration of any such facilities within the county. A well - defined appeal process must be part of any siting process. Some essential public facilities, federal facilities for example, must meet multiple levels of siting and permitting approval; coordination is important to avoid unnecessary and costly delays brought about by redundant processes. GOAL 2WW: Utilize the €established a process for siting essential public facilities. Policy 2WW -1: Adhere to the process for essential public facility site selection as outlined in the comprehensive plan and zoning ordinance Aetien Plans e� f th-s chapteF. This process is summarized as follows: • An applicant for an essential public facility should consult with the Whatcom County Planning & Development Services Department very early in the process of developing a proposal to determine the siting criteria and County Permit requirements for the proposed facility. • Essential public facilities that are allowed as a permitted use are processed administratively by the Planning & Development Services Department • Essential public facilities that require a conditional use permit require a public hearing before the hearing examiner. Notice in the newspaper, notice posted on the site and notice mailed to all property owners within 300' of the subject site must be accomplished • Siting criteria in the comprehensive plan and zoning ordinance will be applied when deciding where to site essential uo blic facilities. Rationale for recommended modifications The Growth Management Act (GMA) requires a process to site essential public facilities. The Essential Public Facilities Advisory Committee is recommending multiple policies and regulations that guide this siting process. The above policy is intended to give a brief overview of the siting process. This process will replace the action plan (which is to establish a committee and formulate a process). Policy 2WW -2: Where possible, use essential public facilities sites jointly for public benefit; trails or open space, for example, could share a corridor or site used primarily for transportation e°•'l'ty eBI:Fiesr, Rationale for recommended modifications' Example should include a reference to an essential publicfacility (i.e. transportation). Policy2WW -3: Fegienial, county wide, and local sign fkanee, and pulifie facilities typies"y difficult to site without t3f9teetion and;lru-ii�eh as mental heal . The Growth Management Act identifies certain essential public facilities and the County Council has taken legislative action- with the assistance of an essential public facilities advisory committee, to identify additional essential public facilities A proponent or government agency shall apply for a comprehensive plan amendment to add a particular land use to the adopted list of essential public facilities In order to be added to the list of essential public facilities the applicant must demonstrate that the facility: • Is typically difficult to site; • Serves a public need, which may be a local need' and • Is provided, substantially funded or contracted for by government or subject to public service obligations. Rationale for recommended modifications- The Growth Management Act (GMA) requires a process to identify essential public facilities. The Essential Public Facilities Advisory is recommending that several land uses (water & sewage treatment plants, water storage facilities, and telecommunication towers) should be added to the list of essential public facilities specifically identified by the GMA. However, future proposals may arise to identify other land uses as essential public.facilities. Any such future proposals should proceed through the comprehensive plan amendment process to officially add new uses to the list of essential publicfacilities. Policy 2WW -4� If significant amendments to the essential public facility siting process are proposed in the future, an essential Public facilities committee consisting of citizen business health care and government representatives as appropriate will be appointed by the County Executive to make recommendations relating to the proposed amendments. Rationale for recommended moth ications The essential public facilities advisory committee thought it was important to have a new advisory committee consider any future changes to the siting process and siting criteria. Policy 2WW-4 addresses changes to the siting process. Policy 2XX-15 addresses changes to the siting criteria. GOAL 2XX: Utilize the £established siting criteria for essential public facilities. Policy 2XX -1: Locate essential public facilities that generate traffic equal to or greater than similar -sized residential or commercial development near major transportation corridors. Policy 2XX -2: Do not site essential public facilities where they would have a probable significant adverse impact on lands designated as environmentally sensitive areas or resource lands. Policy 2XX -3 Site essential public facilities on property where needed expansion of the facility, based upon population forecasts level of service standards or projected facility needs can be accommodated within a 20 -year planning period Poliev 2XX -4 State and regional highways in unincoroorated Whatcom County that have been designated as essential state or regional transportation facilities are 1 -5 State Route 539 (the Guide Meridian), State Route 546/9 (Badger /Garrison from the Guide to Sumas), and State Route 20 to eastern Washington. Other transportation facilities in unincoroorated Whatcom County that have been designated as essential public facilities are Amtrak Cascades Passenger rail service the Burlington Northern Santa Fc railroad tracks, and the Cherry Point marine port facilities Such facilities in the City of Bellingham include Fairhaven Station (intercity passenger rail terminal), Bellingham Cruise Terminal (Alaska Ferry), and the Port of Bellingham (marine port). Additionally. State Route 543 (the truck route at the Blaine border) is an essential public facility located within the city limits of Blaine. Widening of existing state highways or railroad tracks (including construction of sidings) and siting new state highways or railroad tracks should be Planned in the Washington Highway System Plan Amtrak Cascades Plan and the Freight Rail Plan The state will invite the Regional Transportation Planning Organization and the County to participate in planning studies review design plans and provide comments when siting new or expanded state highways or railroad tracks. Hiebways and railroad tracks that qualify as essential public facilities should be sited in accordance with all of the following Principles. These facilities should be located (a) In a manner that minimizes or mitigates noise impacts to surrounding residential areas. (b) Outside of the Lake Whatcom Watershed unless there are no viable alternatives. (c) In a manner that allows continued fish passage bevond the road or railroad tracks or restores blocked passage (d) In a manner that avoids or mitigates wetland impacts (e) In a manner that minimizes impacts of additional impervious surfaces by treating stormwater runoff. (f) In a manner that encourages a vibrant economy by facilitating the efficient movement of people and frei eht. (g) In a manner that accommodates nedestrians bicycles and transit. Maior passenger intermodal terminals should be located in General Commercial Tourist Commercial Airport Operations Urban Residential- Medium Density or industrial zones Freight railroad switchiniz yards and terminals should be located in industrial zones. Marine port facilities should be located within the Heavy Impact Industrial zone of the Cheriv Point Maior /Port Industrial Urban Growth Arca Rationale for recommended modifacations- 1. State law provides that the State Department of Transportation has the responsibility to plan for adequate state highways. However, this responsibility is to be closely coordinated with local governments. 2. Specifically, RCW 47.06.140 indicates "... the (state) department (of transportation), in cooperation with regional transportation planning organizations, counties, (and others) ... shall plan for improvements to transportation facilities and services ofstate -wide significance in the state -wide multimodal plan. Improvements tofacilities and services ofstate -wide significance identified in the state -wide multimodal plan are essential state public facilities... ` (RCW 47.06.140). 3. RCW 47.06.040 indicates that state planning must be consistent with local comprehensive plans. However, RCW 36.70A.200 states that local comprehensive plans can not preclude the siting of essential transportation facilities. 4. The proposed policies provide guidance for state oficials when they are considering proposed transportation improvements. 5. Lake Whateom is the source ofdrinking water for approximately 88,000 people in Whatcom County. Major linear transportation facilities should be located outside of this watershed if at all possible to avoid water quality impacts. Policv2XX -5� Airports in Wbatcom County are the Bellingham Intemational Aimort, the Lvnden Municipal Airport and the Blaine Municipal Airport. Bellingham International Airport which is in unincorporated Whatcom County, serves both general aviation traffic and commercial airline traffic Lvnden and Blaine airports which are within the city limits of these respective cities serve ¢eneral aviation traffic There is also a sea plane base called Floathaven on Lake Whatcom and a sea plane base call d the ort of Bellingham Sea Plane, Base on Bellingham Bay, Within unincorporated Whatcom County, general aviation and commercial airports will be sited in the Airport Operations District Compatibility of surrounding land use including evaluation of height hazards safety based upon aircraft accident data and noise impacts will be evaluated when a new Airport Operations District or an expansion of an existing Airport Operation District is proposed, as follows- (a) Height hazards — Towers and other objects that penetrate the ima )iary surfaces established in 14 CFR Part 77 Obiects Affecting Navigable Airspace, shall be identified and mapped by the applicant The applicant shall demonstrate to the Countv that existing objects that penetrate the imaginary surfaces as defined in 14 CFR Part 77 will not create a hazard to operation of the proposed airport The applicant shall also demonstrate to the Countv that objects that could be allowed by zoning to Penetrate the imaginary surfaces as defined in 14 CFR Part 77 will not create a hazard to operation of the proposed airport (b) Safety— Aircraft accident data shall be evaluated in the context of the densities and types of existing land uses and land uses allowed by zoning that are in Proximity to the proposed airport Specifically, for eg neral aviation airports or commercial airports that also serve general aviation traffic, existing land uses and zoning around the proposed Airport Operations District shall be compared to the S -fete CompatibiFty Zone Examples, Basic Safety Cumpadbility Qmlitica.and afety Compatibility Criteria Guidelines in the California Airport Land nvo fanning Handbaak i h rtt Mo n Accociates January 2002, pp 9-38 0 9 -40. 9- 44.9-45. and 9 -471. Special attention shall be given to whether or not the proponent has purchased the land in safety tan1aalibihty zone I as identified in the California Aimort Land LiE Matting Handbook butt Moen A adat . an rare 20Q2. up. 9-38 to 9 -401 (c) Noise — The applicant shall map the proiected 55 60 and 65 DNL noise contours. The County shall evaluate noise impacts to existing land uses and land uses allowed by zoning within the mapped 55 60 and 65 DNL noise contours. (d) The County shall consult with and consider the comments of the Federal Aviation Administration and the Washington Department of Transportation — Aviation Division (e) Mitigation, such as removing objects that create height hazards will be encouraged to achieve comnatibility with surrounding land uses Rationale Tor recommended modifications - There are three critical issues that affect the compatibility of airports with adjacent land uses: Height hazards, safety relating potential for aircraft accidents, and noise (Airports and Compatible Land Use, Volume 1, Washington State Department of Transportation Aviation Division (WSDOT), February 1999, p. 16). The proposed Comprehensive Plan polity incorporates these three issues info siting criteria applicable to establishing or expanding Airport Operation zones. The WSDOT Aviation Division recently indicated that the safety compatibility zones outlined in the California Airport Land Use Planning Handbook constitute the best available information. Therefore, the reference to the 1999 WSDOT.study should be replaced by the 2002 California study. Policy 2XX -6: State education facilities in Whatcom Counts are Western Washington University. Whatcom Community College and Bellingham Technical College and related facilities The main campuses of these state education facilities are located within the city limits of Bellingham It is anticipated that they will remain within Bellingham over the planning period However, research recreational satellite educational and other facilities associated with these institutions may be located outside of Bellingham_ within unincomorated Whatcom County State education facilities should generally be located in commercial- rural residential light impact industrial or engc eral- manufacturing areas They should only be allowed in the Aimort Operations zone if related to airport operations training They should not be located on resource lands extent that educational facilities related to forestry should be allowed in the forestry designations and educational facilities relating to agricultural operation training should be allowed in the a ricult r designation. Rationale for recommended modifications The State of Washington's Ten -Year Capital Plan lists the construction projects that are anticipated at Western Washington University (WWU), Whatcom Community College (WCC) and Bellingham Technical College (BTC) over the next ten years. Representatives from WWU indicated that they have three properties outside of the city limits: The Lakewoodfacility at 2035 Lake Whatcom Blvd., the adjacent Byron Tract, and Canyon Lake Creek Community Forest (co -owned with the County). The Lakewood property is primarily a recreation /athletic facility and the Canyon Lake Creek Community Forest is primarily a research facility that is largely in its natural state. There may be minor improvements to these properties, but no other facilities outside the city limits are currently proposed on the State's Ten -Year Capital Plan. 10 3. Representatives ,from WCC and BTC indicated that their facilities are entirely within the city limits and there are no plans to constructfacilides outside of the city limits. Policv 2XX -7 Correctional facilities in What corn County are the Public Safety Buildine (County Jail), the alternative corrections building, and the juvenile detention facility in the County Courthouse. These three facilities are adjacent to one another in downtown Bellingham The County also contracts with a private company located in the City of Bellingham for work release beds Within unincorporated Whatcom County, new correction facilities should be sited in accordance with all of the following_ principles New facilities should be located (a) With convenient access to major transportation corridors, (b) With convenient access to fregutni transit service' (c) In areas that will not create excessive traffic noise or glare impacts on surrounding residential properties . (d) In areas that have access to adequate utilities and infrastmct re7 (e) In areas where there is convenient access to the courts the sheriff's office law offices medical services fire protection services, and community & social services (f) Outside the 100 -year floodplaim (g) Outside seismic hazard areas If no suitable sites are available outside of seismic hazard areas correction facilities may be located within such areas if adequate mitigation measures are undertaken (h) Outside of landslide hazard areas' (i) Outside of mine hazard areas (j) Outside of alluvial fans (k) Outside the 65 DNL noise contour of ai orts- (1) At least 500' from gas pipelines with a maximum oyeratint, pressure 500 or greater pounds /square inch gage Wsie (m)At least 100' from gas pipelines with a maximum operating pressure between 251 — 499 psig7 (n) At least one mile from Public and priyateschools. Rationale (or recommended modifications Concepts expressed in an e-mail of 6 -26 -02 from Whatcom County Corrections Chief Wendy Jones, which reflect discussions of the Law and Justice Council and information from the National Institute of Corrections Planning of New Institutions workshop, are incorporated into the above policy as they relate to siting a new facility. II Location outside of the 65 DAL noise contour associated with airports was inserted because noise is one of the main factors in achieving compatibility between airports and adjacent land uses (Airports and Compatible Land Use Volume 1 WSDOT Aviation Division, Revised February 1999). WA 480 -93 -020 provides that gas pipelines should not be located within 500' of a building intended for human occupancy when the pressure is greater than 500 psig. Additionally, WAC 480 -93 -030 states that gas pipelines should not be located within 100' of a building intended for human occupancy when the pressure is between 251 and 499 psig. These thresholds have been incorporated into Comprehensive Plan Policy 5N -7 for critical facilities, including jails. Therefore, they should be specifically referenced in the siting process for new correction facilities. 4. The Critical Areas Ordinance (CAO) states that seismic hazard areas are areas subject to a severe risk of earthquake damage as a result of seismically induced ground shaking, differential settlement, or soil liquefaction. This includes areas where surface deposits of manmade fill or partially decomposed organic material average at least five feet in depth, filled wetlands, and areas of alluvial deposits subject to liquefaction (WCC 16.16.320). The best policy is to avoid seismic hazard areas whenever possible. However, relatively large areas of the County are designated as seismic hazard areas. If after careful investigation, it is determined that no suitable sites for correction facilities can be identified outside of the seismic hazard areas, sites within these areas can be considered. The County's geologist indicated that it is conceivable (although potentially expensive) to mitigate the impacts associated with building in such areas. In fact, the CA states that: • No critical facilities [including jails] shall be constructed or located in geologically hazard areas without fully mitigating the hazard (WCC 16.16.350(A)). • Projects shall be engineered and /or constructed to filly mitigate the hazard, and protect the building and occupants from the hazard (WCC 16.16.350(C)). However, construction within seismic hazard areas should only be considered after it is determined that no suitable sites are available outside ofsuch hazard areas. Policy 2XX -8: Solid waste hardline facilities in Whatcom County currently include two transfer stations, a construction & demolition debris landfill a `clean - Breen" vard waste site and a variety of recycling and other facilities. The two transfer stations are located within the City of Ferndale Municipal solid waste is transported to locations outside of Whatcom County from these sites The construction & 12 demolition debris landfill is located on Hemmi Rd in unincorporated Whatcom County. The "clean- urcen" vard waste facility is located within the City of Bellingham and is jointly maintained by the City of Bellingham and Whatcom County. Within unincorporated Whatcom County solid waste handliin facilities will be sited in accordance with all of the followin principles (a) Type III solid waste handling facilities as defined by WCC 20.97.429 (but excluding uses set forth in subsection (b)) will be located: • Within industrial and forestry zones They may be located within a rural zone only when the site has been identified for such a solid waste facility in the adopted subarea Plain • At least 1,500' from all zoning district boundaries except commercial forestry and industrial zones' • At least 1.500' from Public narks public recreation areas or publicly owned wildlife areas; • At least 1.500' from archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation' • At least 1.500' from shorelines that are within the iurisdiction of the Shoreline Management Program, • At least 1,500' from rivers, streams or creeks that contain documented threatened or endangered fish species- Outside the 10 -year time of travel boundary of a Public water system's delineated wellhead Protection area • Outside the Lake Whatcom watershed: • Outside the 100 -year tloodnlain7 • In accordance with Hazardous Wildlife Attractants on or Near Airports (Federal Aviation Administration Advisory Circular 150/5200 -33), solid waste facilities and sites that handle putrescible waste will be located At least 10.000' from airports serving turbine - powered aircraft (Bellingham International Airport? At least 5.000' from airports serving niston- powered aircraft (Blaine Municipal and Lynden Municipal Airports) 13 (b) Inert material landfills will be located- • Within industrial and forestry zones They may be located within a coral zone only when the site has been identified for such a solid waste facility in the adopted subarea plan. • At least 500' from all zoning district boundaries excep medal forestry and industrial zones • At least 500' from public narks public recreation areas or Publicty owned wildlife areas: • At least 500' from archeological and historical sites that are roistered with the State Office of Archeology & Historic Preservation: • At least 500' from shorelines that are within the Jurisdiction of the Shoreline Management Program • At least 500' from rivers streams or creeks that contain documented threatened or endangered fish species • Outside the 10 -year time of travel boundary of a public water system's delineated wellhead protection area- Outside the Lake Whatcom watershed • Outside the 100 -year floodplain Commercial composting facilities are solid waste handling_ facilities, but do not qualify for essential public facility status. Rationale for recommended modifications Land use: Currently, the zoning code allows solid waste facilities such as landfills, incinerators, and transfer stations only in industrial and.forestry zones (and the rural zone, when identified in the subarea plan as a suitable location for a solid waste facility). The Comprehensive Plan should be consistent and specifically designate these areas as appropriate for solid waste handling facilities. Buffers: Buffers of 500'to 1, 000'from certain types ofsolid waste sites to residential & rural areas, parks, etc, already exist in most of the zoning districts. The Essential Public Facilities Committee recommends increasing this buffer from 1, 000'to 7, 500'for municipal landfills, incinerators, etc. These buffers would also be applied to streams utilized by threatened or endangered fish species, due to the recent listings ofchinook salmon and bull trout. Wellhead Protection zones: A Washington State Department of Health publication called Inventory of Potential Contaminant Sources in Washin ton's Wellhead Protection Areas (1993) identifies landfills, open dumps and incinerators as sources ofpotential pollutants (pp. 4 and 5). Additionally, a U.S. Environmental Protection Agency publication called Partial List ofPotentiad Sources of Contamination Found in Wellhead Protection Areas and in 14 Watersheds (1998) has a similar listingfor landfills. The Whatcom County Critical Areas Ordinance lists solid waste disposal as a source ofgroundwater contamination (Appendix B). The federal Safe Drinking Water Act requires each state to develop a wellhead protection program. Washington State regulations (WAC 246 -290) require Group A water systems, that have 15 or more connections, to develop a wellhead protection program. The public water system must delineate the five and ten year time of travel boundaries far their wellhead protection areas and identify potential contaminant sources. The purpose is to prevent contamination of ground water used by these public water systems. (Washington State Department of Health, Wellhead Protection Program Guidance Document April 1995, pp. 1, 7 and 11). However, the wellhead protection program does not, in itself, have the ability to limit land uses around the well. Therefore, wellhead protection areas should be added to the siting criteria for solid waste disposal sites. 4. Lake Whatcom Watershed: Lake Whatcom is the drinking water source for the City of Bellingham and several water districts. The Water Resource Protection Overlay District, which applies to Lake Whatcom, already prohibits solid waste disposal, including landfills and incinerators (WCC 20.71.212). The siting criteria in the Comprehensive Plan should incorporate this prohibition. 5. 100 -year floodplain: Several of the zoning districts that allow landfalls, incinerators, etc. already prohibit them in the 100 year flood -plain (i.e. WCC 20.42.160). The Comprehensive Plan should incorporation this prohibition. 6. Limitations around airports, The 5,000'to 10,000' buffer around airports would be added to the siting criteria to recognize recommendations of the Federal Aviation Administration relating to siting municipal solid waste landfalls and other solid waste operations that handle putrescible waste near airports to minimize bird strike hazards. 7. The policy clarifies that commercial composting is not an essential public facility because: a. WAC 365- 195 -340 indicates that essential public facilities are those facilities provided by government, substantially funded by government, contracted for by government or provided by private entities subject to public service obligation. b. On 913102, staff asked a representative of Municipal Research & Services Center of Washington (MRSC) to research whether commercial composting facilities would be considered an essential public facility and, specifically, whether they would be subject to public service obligations. 15 c. On 9110102, the MRSC representative stated his opinion that commercial composting facilities are not the type of use that would constitute an essential public facility or be subject to public service obligations. Policy 2XX -9: Personal wireless communication facilities and broadcast towers have been constructed at various locations around Whatcom County. Personal wireless communication facilities such as cell phone towers shall be sited in accordance with Whatcom County Code 20.13. Broadcast towers, such as TV and radio towers, are allowed with a conditional use permit in all zoning districts Proximity to airports and potential hazards to aviation will be considered when siting new towers or increasing height of existing towers Rationale for recommended modifications 1. In 2000, the County Council adopted siting criteria for personal wireless communication facilities under ordinance 2000 -006, now codifted as WCC 20.13. 2. Airports and Compatible Land Use Volume 1 (Washington State Department of Transportation Aviation Division, February 1999) identifies height hazards, such as towers, as an issue that should be addressed to maintain the safety and efficient operation ofairports. 3. The Essential Public Facilities Advisory Committee does not recommend any other special siting criteria for communication towers. Policv 2XX -107 Sewage treatment plants in Whatcom County currently serve cities water & sewer districts. the Lummi Nation and a state park Within unincorporated Whatcom County, sewage treatment plants will be sited in accordance with all of the following principles: (a) New sewage treatment plants will be located outside of the 100 -year floodplain, unless the applicant demonstrates that alternative sites are not feasible' (b) New sewage treatment plants will be located outside the 10 -year time of travel boundary of a public water system's delineated wellhead protection area 16 M New sewage treatment plants will be located in accordance with Hazardous Wildlife Attractants on or Near Airports (Federal Aviation Administration Advisory Circular 150/5200 -33) as follows' • At least 10.000' from airports serving turbine - powered aircraft Bellingham International Airoort)- • At least 5,000' from airports serving piston- powered aircraft (Blaine Municipal and Lvnden Municipal Ai orts (d) New sewage treatment plants will be buffered from existing, hilb- density residential land uses Expansion of existing sewage treatment plants will provide buffering from existing high - density residential land uses to the extent possible: (e) New sewage treatment plants and expansion of existing sewage treatment plants will be constructed in a manner to shield light and glare from surrounding land uses Rationale for recommended modifications. 1. Mark Henderson of the State Department of Ecology discussed impacts of sewage treatment plants with the Essential Public Facilities Advisory Committee on 17 -7 -02. Mr. Henderson recommended keeping sewage treatment plants out of the 100 -year flood plain ii/possible. 2. Mr. Henderson also indicated that there can be leaks or overflows at these plants. Therefore, wellhead protection areas should be avoided. 3. The Federal Aviation Administration (FAA) issued an advisory circular in 1997 entitled "Hazardous Wildlife Attractants on or Near Airports. " This document indicates " . . . During the past century, wildlife - aircraft strikes have resulted in the loss of hundreds of lives world -wide, as well as billions of dollars worth ofaircraft damage. . . " It recommends siting criteria applicable to sewer treatment plants, which can attract wildlife. The criteria recommend a separation of 5,000' between these "wildlife attractants " andairports serving piston powered aircraft. A 10,000' separation is recommended for airports serving turbine - powered aircraft. 4. Bt ffering from residential areas is proposed because of the possibility for chlorine leaks, aesthetic impacts and odors (although, with modern technology, odors are largely mitigated). 5. Lighting should be shielded to protect surrounding areas. 17 Poliev 2XX -11 Water treatment plants in Whatcom County are currently operated by cities, water & sewer districts water associations and other public water system operators such as industries at Cherry Point. oint Within unincorporated Whatcom County, water treatment plants will be sited in accordance with all of the following principles' (a) New water treatment Plants will be located outside of the 100 - year floodplain unless the applicant demonstrates that alternative sites are not feasible: (b) New water treatment Plants and expansion of existing water treatment plants will be constructed in a manner to shield li ht and glare from surrounding land uses (c) New water treatment Plant will be located' At least 1 . i i _' 500 or At least 100' from nati ' _ d _ Rationale for recommended modifications 1. John Thielemann of the State Department of Health discussed impacts of water treatment plants with the Essential Public Facilities Advisory Committee on I1 -7 -02. Mr. Thielemann recommended keeping water treatment plants out of the 100 year floodplain ifpossible. When a community is trying to deal with flooding, it just makes things worse if they also have to deal with a water treatment plant that has been rendered inoperable because it flooded. 2. Lighting should be shielded to protect surrounding areas. 3. Whatcom County Comprehensive Plan Policy 5N -7 states: For natural gas transmission pipelines, encourage siting of critical facilities and high occupancy,faeilities pursuant to the regulations of WAC 480 -93 -020, and 480 -93 -030 (not closer than 500' from a 500 psi pressure or greater pipeline, not closer than I00'.from a pipeline with a pressure between 250 and 499 psi) and as hereafter amended. 18 4. There is no similar policy.for liquid gas pipelines. However, a 500' buffer has been proposed to provide spacing between water treatment plants and pipelines that carry liquid gas, oil or other petroleum products. Both Emergency Management and the Whatcom County Fire Marshal have reviewed this buffer. With regard to the proposed buffer, the Fire Marshal stated in an e-mail message of 12115103 that "After review and comment from Emergency Management it looks good... " Policy 2XX -12 Water storage facilities owned and operated by a public water utility for the sole purpose of providing required fire flow are a permitted use in all zoning districts provided' • Volume does not exceed 50.000 gallons and • Height does not exceed 12 feet above the ground level measured within 20 feet in all directions of the tank Other water storage facilities for potable water and /or fire flow owned and operated by a public utility are allowed with a conditional use permit in all zoning districts Rationale far recommended modifications The above language reiterates existing zoning ordinance requirements (WCC 20.82.023 and WCC 82.030(5)), The Essential Public Facilities Advisory Committee does not recommend any special siting criteria for water storage tanks. Policy 2XX -137 Substance abuse facilities mental health facilities and group homes have been constructed at various locations around Whatcom County. (a) In compliance with RCW 36.70A.410, Whatcom County will not treat a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. "Handicaps" are as defined in the federal fair housing amendments act of 1988. 19 Rationale for recommended modifications Residential facilities - The Growth Management Act, at RCW 36 70A.410, requires that residences for "handicapped " persons be treated the same as other similar residences. Handicapped is defined by the federal Fair Housing Act: "Handicap" means, with respect to a person - (a) a physical or mental impairment which substantially limits one or more ojsuch person's major life activities, (b) a record of having such an impairment, or (c) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of title 21). 2. Crisis facilities -A crisis facility could have public safety implications for the neighborhood it is located in, as people who are in crisis because of drugs or alcohol and people who are suicidal or homicidal could come to the facility (Summary of Essential Public Facilities Advisory Committee Meeting of 913102). Therefore, it is appropriate to establish buffers around sensitive uses, especially places where young people tend to congregate. Policy 2XX -14� There are cuffently no secure community transition facilities for sex offenders located in Whatcom County. Within unincorporated Whatcom County, secure community transition facilities for sex offenders will be sited in accordance with all of the following? (a) Secure community transition facilities shall not be located adjacent to immediately across the street or narking lot from or within the line of sight of existing risk potential facilities which are: • Public schools: • Private schools; • School bus stops • Licensed day care • Licensed pre - school facilities: 20 • Public parks: • Publicly dedicated trails; • Sports fields; • Plavgrounds: • Recreational and community centers • Churches synagogues temples or mosques • Public libraries: • Public and np ivate youth camps; and • Other uses identified by the State Department of Social and Health Services pursuant to RCW 71 09 020[1 Il "Within the line of sight" shall mean that it is Possible to reasonably visually distinguish and recognize individuals An unobstructed visual distance of 600' shall be considered to be within the line of sight Line of sight may be considered to be less than 600' if the applicant can demonstrate that visual barriers exist or would be created that would visually screen the risk Potential facility from the secure community transition facility. (b) No more than one secure community transition facility, with a maximum of three People (other than staff), shall be located within Whatcom County. (c) The average response time of emergencv services to a proposed secure community transition facility will be balanced against the proximity of the proposed secure community transition facility to the above risk Potential facilities Great wctight will be given to sites that are farthest removed from the risk potential facilities listed above. (d) In identifying potential sites within a county for the location of a secure community transition facility, the State Department of Social and Health Services shall work with local governments to Provide for the equitable distribution of such facilities In coordinating and deciding upon the siting of secure community transition facilities treat weight shall be given by the county and cities within the county to: • The number and location of existing residential faciliit beds operated by the department of corrections or the mental health division of the department of social and health services in each iurisdiction in the county- and 21 • The number of registered sex offenders classified as level 11 or level III and the number of sex offenders registered as homeless residing in each iurisdiction in the county. "Equitable distribution" means siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant (e) Whatcom County should seek a financial miti ag tion agreement from the Department of Social and Health Services for costs associated with law enforcement training, emergency Procedure training and other expenses identified under RCW 71.09.344. Rationale (or recommended modifications 1. RCW 71.09.341 states that local governments may adopt zoning regulations relating to secure community transition facilities for sex offenders, but that these regulations can not be more restrictive than the requirements of RCW 71.09.285 through RCW 71.09.340, 2. RCW 71.09.285(2) indicates that secure community transitionfaeilitiesfor sex offenders can not be located adjacent to, immediately across a street or parking lot from, or within the line ofsight (?fa "risk potential activity or facility. "Risk potential facility is defined by RCW 71.09.020 to include public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, and public libraries. "Within the line ofsight' ofa risk potentialfacilities is defined by RCW 71.09.285(2) to mean that it is possible to reasonably visually distinguish and recognize individuals. DSHS recommends that an unobstructed distance of 600' is within the line ofsight, unless screening is provided. Spokane County adopted this 600'standard (see Spokane County Resolution 02- 0812). 8. RCW 71.09.250(6)(a) requires the Department of Social and health Services to "Identify the minimum and maximum number ofsecure community transition facility beds ... that may be necessary for the period of May 2004 through May 2007 and provide notice of these numbers to all counties by August 31, 2001. " The Department ofSocial and Health Services, in a letter ofAugust 31, 2001, 22 indicated that the projected maximum number of beds needed in Whatcom County by May of 2007 would be three. 9. RCW 71.09.285(1) states that average response times for emergency services to the area of proposed secure community transition facility are to be balanced against the proximity of the site to "riskpotential activities. " 10. RCW 71.09.285(3) indicates that great weight will be given to sites that are farthest removed from riskpotential activities. 11. The remaining sections of RCW 71.09.285 through .340 address issues such as security systems, staffing at the.facility, escorts for offenders when they leave the facility and offender violations. State law requires the State Department of Social and Health Services (DSHS) to address these issues. 12. RCW 71.09.250(8) incorporates reguirements for the state and County to consider certain,factors, such as the number of existing DSHS or DOC beds in the County, to ensure there is an "equitable distribution " offacilities (so that one jurisdiction does not have to accommodate more than its share offacilities). 13. Financial mitigation is provided far under RCW 71.09.344. Under this state law, the state may reimburse the County for items such as training for law enforcement personnel. Policy 2XX -15i If significant amendments to the essential public facility siting criteria are proposed in the future an essential public facilities committee consisting of citizen business health care and government representatives as appropriate will be appointed by the Countv Executive to make recommendations relating to the proposed amendments GOAL 2YY: Provide for broad participation in the siting process by affected agencies, citizens and any other interested parties. Policy 2YY -I: Assure that any specific procedure for siting facilities considered as regional or essential is consistent with county comprehensive plans and County-Wide Planning Policies. GOAL 2ZZ: Utilize the Eestablished a -clear review or appeal procedure to resolve differences of opinion regarding facility site selection. Policy 2ZZ -1: Appeals relating to essential public facility sitine shall be decided by the Hearing Examiner and /or County Council in accordance with the zoning ordinance Prior to proceeding with any appeals to Superior Court hear ...,__all of site gel e .fi .__ r _ ,.,.,.._.: 23 Policy 2ZZ -2: County regulations will not preclude UAW the siting of essential public facilities in designated zoning districts. Rationale recommended modifications: 1. Policy 2ZZ -1 will clarify which authorities will decide appeals. 2. Policy 2ZZ -2 will clarify that, in accordance with the Growth Management Act, essential public facilities must be allowed to locate somewhere in the County. However, they do not have to be allowed in each and every zoning district. Rationale for recommended modifications: An Essential Public Facility Advisory Committee has been formed and issued recommendations. Therefore, this action item can be deleted. Amend Whatcom County Comprehensive Plan Appendix A— Glossary as.follows: "Essential State or Regional Transportation Facilities" mean the interstate hi hway system interregional state Principal arterials including ferry connections that serve state- wide travel, intercity passenger rail services intercity high -speed ground transportation maior passenger intermodal terminals excluding all airport facilities and services the freight railroad system marine port facilities and services that are related solely to marine activities affecting international and interstate trade and high- capacity transportation systems serving regions as defined in RCW 81.104.015. Note.- The Growth Management Act references this definition (the part about the Columbia /Snake navigable river system was deleted because it is not applicable to Whatcom County), solely for personal use agricultural use forest management or to serve the Eliza Island community are not general aviation airports Airports used solely for commercial service or military use are not general aviation airports 24 "Group home" —means a residence that is licensed by the state as either a boardini, home or an adult family home Note: This definition wasformulated after consulting the definition of "group home "in WAC 388 - 820 -090. "In- anent facilities" mean buildin s and accessory uses primarily utilized to provid e health care service or medical attention, care or treatment that requires at least one ovcmieht stay. Note: Based upon dictionary definitions of "in patient, " patient, "and "health care." 25 ZONING AMENDMENTS Amend the Official Whatcom County Zoning Ordinance (Title 20) as follows: A. TRANSPORTATION: Urban Residential Medium Density— Conditional uses (WCC 20.22.150): .180 Major passenger intermodal terminals. General Commercial — Permitted Uses (WCC 20.62.050) .080 Major Passenger intermodal terminals. Tourist Commercial — Permitted Uses (WCC 20.63.050): .080 Major passenger intermodal terminals Gateway Industrial — Permitted uses (WCC 20.65.050): .081 Freight railroad switching yards & terminals Gateway Industrial — Conditional uses (WCC 20.65.150): 20.65.150 Conditional Uses .180 Major passenger intermodal terminals Light Impact Industrial — Permitted uses (WCC 20.66.050): .081 Freight railroad switching yards & terminals Light Impact Industrial — Conditional uses (WCC 20.66.150): .180 Major Passenger intermodal terminals General Manufacturing — Permitted uses (WCC 20.67.050): .081 Freight railroad switching yards & terminals 26 General Manufacturing - Conditional uses (WCC 20.67.150): .180 Major Passenger intermodal terminals Heavv Impact Industrial — Permitted uses (WCC 20.68.050). .081 Freight railroad switching yards & terminals .082 Marine port facilities Heavy Impact Industrial — Conditional uses (WCC 20.68.150): .180 Major passenger intermodal terminals Airport Operations — Permitted uses (WCC 20.70.050): .056 Terminals (including eating and drinking establishments), but excluding freight railroad switching yards & terminals. .080 Maior passenger intertnodal terminals Water Resource Protection District — Prohibited uses (WCC 20. 71.200) .217 Major passenger intermodal terminals .218 Freight railroad switching cards & terminals Public Utilities —Intent (WCC 20.82. 010) The provisions of this chapter shall not be construed to limit or interfere with the installation, maintenance and operation of public utility lines, pipelines for oil and gas, railroads , or maintenance facilities. The provisions of the Official Whatcom County Zoning Ordinance (Title 20) shall not apply to the installation maintenance and operation of railroads and related facilities when subject to preemption under federal law. Rationale for recommended modiPlcations- Major passenger terminals should be allowed in the following zones for the following reasons: 27 • Urban Residential Medium Density zone - Because this zone allows relatively high density housing (6 to 18 units per acre) that could potentially be served by such terminals. • General Commercial — Such passenger terminals are already allowed in this zone and there is no reason to change this. • Tourist Commercial — The purpose of this zone is to "...allow land use activities which serve the traveling public. (WCC 20.63.010). Passenger terminals are compatible with this purpose. • Industrial zones — Major passenger terminals are compatible with industrial areas, would not negatively affect such areas, and could aid employee transportation. • Airport Operations — Allows potential connection between airplanes and other modes of travel. Freight railroad switching yards & terminals should be allowed for the following reasons: • Industrial zones — These facilities are generally compatible with and serve industrial areas. The zoning currently allows them in most industrial zones. Marine port facilities should be allowed for the following reasons: • Heavy Impact Industrial —Cherry Point has been designated as a marine port ofstate -wide significance in Washington's Transportation Plan 2003 -2022 (p. D -9) and existingport facilities are present. B. AIRPORTS: The Essential Public Facilities Committee recommends maintaining the existing zoning regulations with no changes. The existing zoning regulations allow airports in the Airport Operations Zone. Aircraft landing areas for agricultural use, forestry use or personal use are allowed in several other zoning districts. However, these landing strips do not qualify as essential public facilities. While the zoning regulations governing where airports are allowed would not be modified, the notice requirements for informing neighbors of a proposal to rezone property to Airport Operations (and notice provisions for other rezones) would be codified as shown below. Add a new section to Whatcom County Code 20.90 as follows. - 0.90.045 Notice for Qua i- rd'cial Rezone Notice of uasi -iud' ial hear'nes conducted by Ilic Planniag C r map amendments shall he issued in accordance with all of the. followong provisions: ®. 2 Notice shall be mailed to property owners as full r � u, r• i t r r r _ u. 'r i ._ r rr i i K1111IMill,1963 ITZI1,11 _ L � r' r r i r i' r r i r• \ i r � u, r• i t r r r _ u. 'r i ._ r rr i i K1111IMill,1963 ITZI1,11 _ � r' r r i r i' r r i r• \ i FOr zoning ' amn—dmrlits that involve remoonilIg Drumm to an Airport Operations Distrial At least 10 days prior to the sche t ' r huring date, hearilIg nofice, shall be mailed W all property owflM rAM Within 1,500 feet ofthr. external boundaries of the Sub4cet proper all shimyn by the records of the. cilunty assessor. 'Chr, applicant i reAruiceid property owners, 3. r. �. eparc and the applicant i. ll post signs i i I the hearing in conspoellous locations on th Proputy at Igast 10 days pro 4. 5. Iloilo i.ri r r r� i,, ri i _ r• r r i rr �i Rationale for proposed amendment: 1. The Planning Enabling Act requires notice in the newspaper at least 10 days prior to the hearing on a rezone application (RCW 36.70.590). 29 2. WCC 2.33.060 requires mailed notice.for permit applications in urban growth areas to property owners within 300' (see ordinance 2003 -039). Notice for rezone hearings should be consistent. WCC 2.33.060 requires mailed notice for permit applications outside growth areas to property owners within 1,000' (see ordinance 2003 -039). Notice for rezone hearings should be consistent. In Yaniseh v. Lewis County (Dec. 2002), the Western Washington Growth Management Hearings Board (GMHB) stated that Lewis County must: "Ensure notification of applications for general aviation facilities to members ofthe public living beyond 1, 000feet of thefacility. " Noticefor airport rezones would be given to property owners within 1,500'. The County's Prosecuting Attorney's office reviewed the proposed language and, in an e-mail message of 10110103, stated the proposal does not conflict with the GMHB ruling. 5. County Council Resolution No. 90 -57 requires posting a sign on the property when a rezone is proposed. The proposed language would maintain the spirit and intent of this resolution. C. STATE EDUCATION FACILITIES: Urban Residential — Conditional Use (WCC 20.20.150): .183 State education facilities Urban Residential Medium Density — Conditional Use (WCC 20.22.150): .183 State education facilities Urban Residential —Mixed — Conditional Use (WCC 20.24.150): .183 State education facilities Residential Rural — Conditional Use (WCC 20.32.150): .183 State education facilities. Rural Residential- Island — Conditional Use (WCC 20.34.150): .183 State education facilities 30 Rural — Conditional Use (WCC 20.36.150): .183 State education facilities Point Roberts Transitional Zone — Conditional Use (WCC 20.37.150). .183 State education facilities Agriculture — Conditional Use (WCC 20.40.150): If F'it� Neighborhood Commercial Center — Conditional Use (WCC 20.60.150): Small Town Commercial — Conditional Use (WCC 20.61.200): .289 State education faeil' tie General Commercial — Conditional Use (WCC 20.62.150): IQ;it _ Resort Commercial — Conditional Use (WCC 20.64.150): .183 State education facilities. Gateway Industrial — Permitted Use (WCC 20.65.050): .058 Public uses which because of locational requirements are necessary in the Gateway Industrial Districts excluding state education facilities. Light Impact Industrial — Permitted Use (WCC 20.66.050): .077 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses, excluding state education facilities. 31 Light Impact Industrial — Conditional Use (WCC 20.66.150): .183 State education facilities when located outside of the Cherry Point Major /Port Industrial Urban Growth Area General Manufacturing — Permttted Use (WCC 20.67.050): . 073 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses, excludine state education facilities. General Manufacturing — Conditional Use (WCC 20.67.150): related - sefi�,t,ks .183 State education facilities. Heavy Impact Industrial — Permitted Uses (WCC 20.68.150): .062 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses, excludine state education facilities. Airport Operations— Permitted Use (WCC 20.70.050): .063 Public and community facilities including police and fire stations, and other similar noncommercial uses, excluding state education facilities. Airport Operations — Conditional Use (WCC 20.70.150): 83 State education facilities that are related to airport operation traiwm Rationale for recommended modifications 1. In residential, rural, & commercial zones — The existing zoning code allows educational facilities in most of these zones and there is no reason to exclude state education facilities from most of these areas. 32 Industrial zones — In order to preserve industrial land supply and maintain compatibility between different land uses in the industrial zone, state education facilities should be: ✓ Prohibited in Gateway Industrial; ✓ Allowed only with a conditional use permit in the Light Impact Industrial and General Manufacturing zones; and ✓ Prohibited in the Heavy Impact Industrial and Cherry Paint area. 3. Airport Operations — Only those state education facilities related to airport operation training should be allowed, as noise and other airport impacts could adversely impact state education facilities. D. CORRECTION FACILITIES: Urban Residential — Conditional Use (WCC 20.20.150) .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, excludine correction facilities other than those listed in 184. These uses shall not be permitted outside of short term planning areas, small towns, crossroads commercial areas, and resort recreational subdivisions designated on the Comprehensive Plan map unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. .184 Transitional correction facilities for juveniles and adults with 10 or less residents These facilities include "iuvenile rehabilitation administration" (JRA) facilities ran by the state and residential adult work release facilities Urban Residential Medium Density — Conditional Use (20.22.150): .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses excludine correction facilities other than those, listed in 184.* .184 Transitional correction facilities for Juveniles and adults with 10 or less residents These facilities include "iuvenile rehabilitation administration" (JRA) facilities run by the state and residential adult work release facilities 33 Urban Residential Mixed — Conditional Use (WCC 20.24.150): .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses outside of centers as provided in WCC 20.24.1320 excluding correction facilities other than Those listed in M. .184 Transitional correction facilities for juveniles and adults with 10 or less residents These facilities include Juvenile rehabilitation administration" (JRA) facilities run by the state and residential adult work release facilities Residential Rural — Conditional Use (WCC 20.32.150): .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, excluding correction facilities * Rural Residential — Island — Conditional Use (WCC 20.34.150): .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, excludine correction facilities. Rural — Conditional Uses (WCC 20.36.150). .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, scluding correction facilities * Point Roberts Transitional Zone— Conditional Use (WCC 20.37150): .184 Minor state and local correction facilities with 10 or le beds Rationale for proposed amendment: At the October 7 Public Works & Capital Projects committee meeting the committee asked staff to develop language to ensure that only minor correction facilities would be allowed in Point Roberts. Neighborhood Commercial Center— Permitted Use (WCC 20.60.050): .060 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses, excludine correction facilities. 34 Small Town Commercial — Permitted Use (WCC 20.61.050): .063 Public and community facilities including police and fire stations, libraries, community centers, museums, public parks and recreational facilities, tourist information offices and other similar noncommercial uses, excludine correction facilities. Small Town Commercial — Conditional Use (WCC 20.61100): .234 State and local correction facilities General Commercial zone — Conditional Use (WCC 20.62.150): 4 State and local correction facil Resort Commercial zone — Conditional Use (WCC 20.64.150) .161 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses, excludine correction facilities. Gateway Industrial — Permitted Use (WCC 20.65.050): .058 Public uses which because of locational requirements are necessary in the Gateway Industrial District excludine correction facilities. Light Impact Industrial — Conditional Use (WCC 20.66.150) 84 State and local correction facilities when Wcat d outside of the h 13 Poin aior /Port Industrial Urban Crnwth Ar a General Manufacturing— Permitted Use (WCC 20.67.050): .073 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses, excludine correction facilities. 35 Heavv Impact Industrial— Permitted Uses (WCC 20.68.050) .062 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses, excluding correction facilities. Airport Operations — Permitted Uses (WCC 20.70.050) .063 Public and community facilities including police and fire stations, and other similar noncommercial uses, excludine correction facilities. Airport Operations — Prohibited Uses (WCC 20.70.200) .205 Correction facilities Rationale for recommended modifications 1. Major correction facilities should be prohibited in the County's higher density residential zones because they would not be compatible with residential use, would place additional demands on infrastructure such as roads, and could take up a portion of the residential land base for non- residential uses. However, transitional facilities with 10 or less residents should be allowed with a conditional use permit in residential zones, as such facilities have fewer impacts. 2. Certain commercial zones may be appropriate for correction facilities. General Commercial — In other places, correction facilities are not uncommon in general commercial areas and should be allowed in these zones. Small Town Commercial — The potential for satellite facilities makes this zone a possible location for correction facilities. 3. Correction facilities should be prohibited in Heavy Impact Industrial, Airport Operations and Rural Residential- Island Districts. In the Heavy Impact Industrial zone, industrial emissions and the associated potential for more frequent inmate evacuations are concerns that make correction facilities incompatible with the zone. In the Airport Operations zone, noise and aircraft accident issues are concerns that make correction facilities inappropriate. In the Rural Residential - Island district (which applies only to Lummi Island), access to courts, law enforcement and community services are concerns. E. SOLID WASTE FACILITIES: Urban Residential — Conditional Use (WCC 20.20.150): .185 Type I Solid Waste Handling Facilities 36 Urban Residential Medium- Density — Conditional Use (WCC 20.22.150): .185 Type I Solid Waste Handling Facilities Urban Residential — Mixed - Conditional Use (WCC 20.24.150): .185 Type I Solid Waste Handling Facilities .186 Type 11 Solid Waste Handling Facilities Residential Rural - Conditional Use (WCC 20.32.150): .185 Type I Solid Waste Handling Facilities .186 Type I1 Solid Waste Handling Facilities Rural Residential Island - Conditional Use (WCC 20.34150): .185 Type I Solid Waste Handling Facilities .186 Type 11 Solid Waste Handling Facilities Eliza Island District - Conditional Use (WCC 20.35.150): .185 Type I Solid Waste Handling Facilities Rural zone— Conditional Use (WCC 20.36.150): .185 Type I Solid Waste Handline Facilities 164T_ansit__ solid -- .186 Type 11 Solid Waste Handling Facilities .187 Type III Solid Waste Handling Facilities 16¢eana - r only in those areas specified as suitable for solid waste sites in the applicable subarea Comprehensive Plan, r173 one Inn . 37 Point Roberts Transitional lone - Conditional Use (WCC 20.37.150): .185 Type I Solid Waste Handling Facilities .186 Twe 11 Solid Waste Handling Facilities Agriculture zone— Conditional Use (WCC 20.40.150). Rural Forestry zone — Conditional Use (WCC 20.42.150): .185 Twe I Solid Waste Hmdling Facilities. 444—�� 1 1 . 1 1 1 1 38 39 Commercial Forestry zone — Conditional Use (WCC 20.43.150): .195 Type I Solid Waste Handling Facilities. home" for hol-I'Selield inatefials excluding large items such as -ainiffleb-IRs 9 limited N the .186 Type 11 Solid Waste Handlin2 Facilities. .187 Type III Solid Waste Handliru4 Facilities, Provided that7 IAO Solid waste disposal (1) The facility or site will not be located within the 100 -year floodplain or the Lake Whatcom watershed. The facility or site will not be located within any area identified in an adopted critical areas ordinance unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation; (2) Solid waste handling facilities shall be located at least 1 500' from the following_ • All zoning district boundaries except forestry and industrial zones • Public parks public recreation areas or publicly owned wildlife areas • Archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation, • Shorelines that are within the jurisdiction of the Shoreline Management Program 40 MIN WIN Commercial Forestry zone — Conditional Use (WCC 20.43.150): .195 Type I Solid Waste Handling Facilities. home" for hol-I'Selield inatefials excluding large items such as -ainiffleb-IRs 9 limited N the .186 Type 11 Solid Waste Handlin2 Facilities. .187 Type III Solid Waste Handliru4 Facilities, Provided that7 IAO Solid waste disposal (1) The facility or site will not be located within the 100 -year floodplain or the Lake Whatcom watershed. The facility or site will not be located within any area identified in an adopted critical areas ordinance unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation; (2) Solid waste handling facilities shall be located at least 1 500' from the following_ • All zoning district boundaries except forestry and industrial zones • Public parks public recreation areas or publicly owned wildlife areas • Archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation, • Shorelines that are within the jurisdiction of the Shoreline Management Program 40 • Rivers streams or creeks that contain documented threatened or endanizered fish species. This 1.500' buffer does not apply to� • Structures used for offices storage areas for equipment and weich scales These facilities shall be setback from the property line 100' or the standard zonin district setback, whichever is greater • Inert landfills. ' or 4 :1 6: for all A ,:1: «: , . nfic feefeatiefl pfea yzildfik r6ige —are} 1 el z for «..a thin 1 non 1410 no « wi"e exi.r «_a u9ps in the 8� an. (3) Inert landfills shall be located at least 500' from the following' • All zoning district boundaries except commercial forestry and industrial zones • Public narks, public recreation areas or publicly owned wildlife areas • Archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation • Shorelines that are within the jurisdiction of the Shoreline Management Program • Rivers streams or creeks that contain documented threatened or endan eyed fish Species, This 500' buffer does not aooly to: • Structures used for offices storage areas for equipment and weigh scales These facilities shall be setback from the property line 100' or the standard zoning_ district setback, whichever is rg eater (4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet 41 of any property line and except for driveways within 150 feet of any county or state road right -of -way; (5) T'hc facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed; (6) The facility or site has complied with the provisions of WCC 20.84.200 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites; (7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173-350 473 -304 WAC, and the closure plan includes: (a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; (b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post - closure activities; and (c) Final topography that is consistent with the surrounding area; (8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 (Landscaping); (9) All lighting shall be designed and installed to prevent the illumination of adjacent properties during nonoperating hours; (10) Signs shall not exceed one nonilluminated freestanding sign, visible from a road, and not exceeding six feet in height and on additional nonilluminated sign attached to a building, but not extending above the lowest portion of the roof, for a maximum total signage of 16 square feet; however, signs giving unacceptable materials, alternate disposal locations, recycling options, or any other information required by other regulations, shall not be included as part of this 16- square -foot allowance but shall be visible only from areas within the parcel unless required by other regulations to be visible to the street and then shall be designed to be compatible with a residential neighborhood including appropriate landscaping; (11) Solid waste facilities or sites shall be located outside the 10 -year time of travel boundary of a public water system's delineated wellhead protection area-, (12) Solid waste facilities or sites that handle putrescible waste will be located at least 10,000' from airports serving turbine - powered aircraft and at least 5,000' from airports serving piston - powered aircraft These buffers shall be measured from the boundary of 42 the Airport Operations zone or if the airport is not within an Airport Operations zone from the boundary of the airport property- (1344) In addition, the Whatcom County hearing examiner may impose conditions of approval which may be necessary to protect the value and enjoyment of existing adjacent uses. Neighborhood Commercial Center - Conditional Use (WCC 20.60.150). .185 Tyne I Solid Waste Handling Facilities Small Town Commercial - Conditional Use (WCC 20.61.200): .235 Type I Solid Waste Handling Facilities General Commercial - Conditional Use (WCC 20.62.150): .185 Type I Solid Waste Handling Facilities .186 Type 11 Solid Waste Handling Facilities Tourist Commercial - Conditional Use (WCC 20.63.150): .185 Type I Solid Waste Handling Facilities Resort Commercial - Conditional Use (WCC 20.64.150): .185 Type I Solid Waste Handling Facilities Gateway Industrial - Conditional Use (WCC 20.65.150): .185 Type I Solid Waste Handling Facilities Light Impact Industrial (III) — Permitted Use (WCC 20.66.050): .085 Type I Solid Waste Handling Facilities, when located within the Cherry Point Major /Port Industrial Urban Growth Area 43 .086 Type 11 Solid Waste Handling Facilities when located within the Cherry Point Major /Port Industrial Urban Growth Area Light Impact Industrial (L11) — Conditional Use (WCC 20.66150): .185 Type I Solid Waste Handling Facilities when located outside of the Cherry Point Maior /Port Industrial Urban Growth Area.-1 « T - -- - - -- slorage5 BF call luding5 but net limited to: feeyeh�� lwalseheld Materials �Xpluding large items sueh as "Iemobiles ar majef appliances; .186 Type II Solid Waste Handling. Facilities when located outside of the Cherry Point Major /Port Industrial Urban Growth Area .187 Type III Solid Waste Handling Facilities provided that it not lifflited to, landfills, of Public health in acconliaipp v ith 3AYkG 173 304 300; pfevided !hat the hea (1) The facility or site will not be located within the 100 -year floodplain or the lake Whatcom watershed. The facility or site will not be located within any area identified in an adopted critical areas ordinance oP4440 -s --yam;;, unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation; (2) Solid waste handling facilities shall be located at least 1,500' from the following - • All zoning district boundaries extent comm r bd forestry and industrial zones • Public Parks, public recreation areas or publicly owned wildlife areas, • Archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation • Shorelines that are within the 'urisdiction of the Shoreline Manalizernent Pro ram, • Rivers, streams or creeks that contain documented threatened or endangered fish species, This 1.500' buffer does not apply to� • Structures used for offices storage areas for equipment and weigh scales These facilities shall be setback from the property line 100' or the standard zoning district setback, whichever is greater • Inert landfills. ill Hat L,. 100..•..A ..: i..dugt-i..1 0....:.... Districts, recreation area., iff'144'fe ..,.1 .....I ligitode areas Fthe 44 with the e e, r_rt... and _.._.,...tt.., (3) Inert landfills shall be located at least 500' from the followin • All zoning district boundaries except commercial forestry and industrial zones • Public narks public recreation areas or up blicly owned wildlife areas- • Archeological and historical sites that are registered with the State Office of Archeoloizv & Historic Preservation • Shorelines that are within the jurisdiction of the Shoreline Mana ement Pro ram' • Rivers, streams or creeks that contain documented threatened or endangered fish species. This 500' buffer does not apply to • Structures used for offices storage areas for equipment and weigh scales These facilities shalt be setback from the property line 100' or the standard zoning district setback whichever is greater. shretmes. of hine I ro.d -t+-:_ -n�,zone than n _ ..a._.... ..,.__ . Rod nn p am. unless teme8farvand _ 9ttnetures v f _ . - ea W+fl: a . the .1...:.. ater;.e to (4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any county or state road right -of -way; (5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed; (6) The facility or site has complied with the provisions of WCC 20.84.200 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites; and (7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173 - 350 - 173 -304 WAC, and the closure plan includes: (a) Reclamation in two to 10 acre increments, as appropriately responsive to the 45 size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; and (b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post - closure activities. (8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 (Landscaping); (9) Solid waste facilities or sites shall be located outside the 10 -year time of travel boundary of a public water system's delineated wellhead protection area (10) Solid waste facilities or sites that handle putrescible waste will be located at least 10,000' from airports serving turbine - nowered aircraft and at least 5,000' from airport s serving piston- powered aircraft These buffers shall be measured from the boundary pf the Airport Operations zone or, if the airport is not within an Airport Operations zone from the boundary of the airport propertv' (119) In addition, the Whatcom County hearing examiner may impose conditions of approval which may be necessary to protect the value and enjoyment of existing adjacent uses. General Manufacturing (GM) — Conditional Use (WCC 20.67]50): .185 Type I Solid Waste Hardline Facilities - _ra boxes fiir h8lisebeld MR. .186 Type 11 Solid Waste Handling Facilities .187 Type III Solid Waste Handling Facilities provided that 452 - i posal Century dep the hearing examiner d r , ......air,._... (1) The facility or site will not be located within the 100 -year floodplain or the Lake Whatcom watershed The facility or site will not be located within any area identified in an adopted critical areas ordinance oit�tea:,; unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation; 46 (2) Solid waste handling facilities shall be located at least 1,500' from the followin • All zoning district boundaries except commercial forestry and industrial zones' • Public parks, public recreation areas or publicly owned wildlife areas- Archeological and historical sites that are re istered with the State Office of Archeology & Historic Preservation • Shorelines that are within the iurisdiction of the Shoreline Mana ement Program: • Rivers streams or creeks that contain documented threatened or endan eyed fish Species. This 1 500' buffer does not apply to: • Structures used for offices storage areas for equipment and weigh scales These facilities shall be setback from the property line 100' or the standard zoning district setback, whichever is erg ater • Inert landfills. ... he L..,.,...d within e_ _ . i,.,.:..,., H A bbt. — care as sherej nd i fil e ..t n..,.._a ffi ,..a,...., t,.....,,._.. ... d _less than cmsrt2, SeiEh Ehe. FmistinK ..a . ^d._ (3) Inert landfills shall be located at least 500' from the following' • All zoning district boundaries except commercial forestry and industrial zones • Public parks, public recreation areas or publicly owned wildlife areas • Archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation • Shorelines that are within the jurisdiction of the Shoreline Management Pro rg am� • Rivers streams or creeks that contain documented threatened or endangered fish Species. This 500' buffer does not apply to • Structures used for offices storage areas for equipment and weigh scales These facilities shall be setback from the property line 100' or the standard zoning district setback, whichever is ucatcr bYi 3'.i�2 47 .., and L:..... iu ' d' nn -.-.h - - 1 -99p -f at but., a....,._ Ilia., 1 nn f _11 ,.m.v„ a^.,. -- et Seth PIES Whi8h8VeF is impa�s on tk edi�uring usa are q upyin to be in keeping with the, existing and ngmitted (4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any county or state road right -of -way; (5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed; (6) The facility or site has complied with the provisions of WCC 20.84.200 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites; and (7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173 - 350 -1- 73-304 WAC, and the closure plan includes: (a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; and (b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post- closure activities. (8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 Landscaping; (9) Solid waste facilities or sites shall be located outside the 10 -year time of travel boundary of a public water system's delineated wellhead protection area (10) Solid waste facilities or sites that handle putrescible waste will be located at least 10,000' from airports serving turbine - powered aircraft and at least 5,000' from airports serving piston - powered aircraft These buffers shall be measured from the boundary of the Airport Operations zone or, if the airport is not within an Airport Operations zone from the boundary of the airport ro ert (119) In addition, the Whatcom County hearing examiner may impose conditions of approval which may be necessary to protect the value and enjoyment of existing adjacent uses. 48 Heavy Impact Industrial (IIII) — Permitted Uses (WCC 20.68.050): .085 Type 1 Solid Waste Handling Facilities .086 Type 11 Solid Waste Handling Facilities Heavy Impact Industrial (1111)— Conditional Uses (WCC 20.68.150): .187 Type III Solid Waste Handling Facilities provided that . fiiPilhies and sites of _ C;eerry depHnotient of public health in IV A C, .._d:.:,..... (1) The facility or site will not be located within the I00 -vear floodplain or the Lake Whatcom watershed The facility or site will not be located within any area identified in an adopted critical areas ordinance er- 18ByeaFAeedp}ain unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation; (2) Solid waste handling facilities shall be located at least 1,500' from the followin • All zoning district boundaries except commercial forestry and industrial zones • Public parks, public recreation areas or publicly owned wildlife areas • Archeological and historical sites that are registered with the State Office of Archeology & Historic Preservatiom • Shorelines that are within the iurisdiction of the Shoreline Management Pro gram? • Rivers streams or creeks that contain documented threatened or endangered fish species. cies. This 1.500' buffer does not apply to: • Structures used for offices storage areas for equipment and weigh scales These facilities shall be setback from the property line 100' or the standard zoning district setback, whichever is greater, • Inert landfills. n... „__. be fe_.. ....: ..... ....d ,.:.,..— ar Act elime undeF the qWes 11191, he hmat-j within 1,000 fi�� but no P1 serthan !00 fi,j,t or the s s.rret 49 _t _ with t e exisjjflg and parnotted 11989 (3) Inert landfills shall be located at least 500' from the following: • All zoning district boundaries, except commercial forestry and industrial zones • Public Parks, Public recreation areas or publicly owned wildlife areas- • Archeological and historical sites that are registered with the State Office of Archeology & Historic Preservation • Shorelines that are within the Jurisdiction of the Shoreline Management Program. • Rivers, streams or creeks that contain documented threatened or endangered fish species. This 500' buffer does not angly to. • Structures used for offices storage areas for equipment, and weigh scales These facilities shall be setback from the property line 100' or the standard zoning district setback, whichever is greater, (34 lrwrt .. ....t,.,.....,answ Pnot ,.,...ean" an:... B_,...,,,, tin stiFes of fflaeh' jepafed w 'r 1 Aerieuk -re -or IBdust 'aI Senme Districts publip i,e y PE!fiWP. ha b r2 ,ne n a tore .41111 .. .... ............ be hipHted-withiii (4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any county or state road right -of -way; (5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed; (6) The facility or site has complied with the provisions of WCC 20.84.200 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites; (7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173 - 350 -173 -304 WAC, and the closure plan includes: 50 (a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; and (b) permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post - closure activities. (8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 (Landscaping); (9) Solid waste facilities or sites shall be located outside the 10 -year time of travel boundary of a public water system's delineated wellhead Protection area, (10) Solid waste facilities or sites that handle Putrescible waste will be located at least 10,000' from airports serving turbine - Powered aircraft and at least 5,000' from airport s serving piston- powered aircraft These buffers shall be measured from the boundary of the Airport Operations zone or, if the airport is not within an Airport Operations zone from the boundary of the airport property (119) In addition, the Whatcom County hearing examiner may impose conditions of approval which may be necessary to protect the value and enjoyment of existing adjacent uses. feeilities; _d meludifig but oat limited to the type ef fiteilities-opeFated-b� OF PUblie senziee ..r Airport Operations (AO) — Permitted Use (WCC 20.70.050): .085 Type I Solid Waste Handling Facilities except far operations that handle putreseible waste Airport Operations (AO) — Conditional Use (WCC 20.70.150): .155 Any use allowed as a conditional use in the LII chapter, WCC 20.66.150, except those uses in WCC 20.70.2002^_'- and 20.70.202 of this eha r•e • � provided that such use � does not conflict with the performance standards of this chapter. (Ord. 91 -074, 1991). Airport Operations (AO) — Prohibited Use (WCC 20.70.200): .206 Type I Solid Waste Handling Facilities that handle Putrescible waste .207 Type II Solid Waste Handling Facilities 51 .208 Type III Solid Waste Handling Facilities Water Resource Protection Overlay (Lake Whatcom & Lake Samish) — Conditional Use (WCC 20.71.150): .185 Type I Solid Waste Handling Facilities except. a) Moderate risk waste facilities: and b) Facilities in the Recreation and Open Space District 152 1H the Rufal, Rufal tFangfer station, feF household M.. to t__._fi , B ' ._de nX 6o^0. Water Resource Protection Overlay (Lake Whatcom & Lake Samish) — Prohibited Use (WCC 20.71100): .211 Type I Solid Waste Handling Facilities except those specified in WCC 20.71.185. C-affimereial .212 Type II and Type III Solid Waste Handling Facilities.£e;'a •• ° °'- Rationale for recommended modifications 1. The changes would incorporate the proposed new comprehensive plan concepts ofavoiding streams utilized by threatened & endangered fish species, wellhead protection areas, and airports (to reduce the threat ofairplanes striking birds that come to a solid waste facility). 2. The Essential Public Facilities Advisory Committee recommended increasing the bufJerfrom other zoning districts, parks, etc. from 1, 000'to 1,500'to minimize impacts associated with solid waste facilities such as municipal landfills and incinerators (the existing 500' buffer would be retained for inert landfills). The committee found that the existing buffer language is confusing and determined that it should be re- written in a more readable manner. 3. The amendments would eliminate the possibility ofallowing temporary solid waste facilities near parks, shorelines, etc., as temporary facilities could also adversely impact these uses and natural features. 52 4. Sewage sludge is no longer considered a solid waste under state regulations. Land application ofsewage sludge is regulated by the Department ofEcology, with assistance from the Whateom County Health Department. F. TELECOMMUNICATION TOWERS: Public Utilities - Conditional Uses (WCC 20.82.030): (4) Electronic communications structures and telecommunication towers including associated maintenance and operations structures, provided this section shall not apply to any structures associated with wireless communications facilities. General Commercial - Permitted uses (WCC 20.62.050): .061 Public utilities except broadcast towers which require a conditional use permit Pursuant to WCC 20.82.030(4). Light Impact Industrial - Permitted uses (WCC 20.66.050). .065 Communications including telephone exchanges, and radio and television breedeastingstations ems:- C -rte Broadcast towers require a conditional use permit pursuant to WCC 20.82.030(4 . Rationale for recommended modifications 1. Currently, there is a conflict in the zoning ordinance. WCC 20.82.030(4) requires a conditional use permit for broadcast towers, but the General Commercial and Light Impact Industrial zones allow them as a permitted use. 2. The Essential Public Facilities Advisory Committee recommends requiring a conditional use in all zoning districts. G. WATER & SEWER TREATMENT PLANTS: Public Utilities - Conditional Uses (WCC 20.82.030): (7) Sewer and water treatment plants except that sewer treatment plants are prohibited in the Airport Operations zone. General Commercial - Permitted Uses (WCC 20.62.050): .061 Public utilities extent water &sewer treatment plants which require a conditional use permit pursuant to WCC 10 82 030/7). 53 Airport Operations (AO) — Prohibited Use (WCC 20.70.200). 208 Sewer treatment plants Rationale for recommended modifications' The FAA has indicated that sewer treatment plants can attract birds, which can cause bird - strike hazards for airplanes. Therefore, such plants should not be located in the Airport Operations zone. H. WATER STORAGE FACILITIES The Essential Public Facilities Advisory committee is not recommending any changes to existing zoning regulations. These regulations allow water storage tanks owned by a public utility for fire flow, that do not exceed 50,000 gallons and are not more than 12' in height, as a permitted use under WCC 20.82.023. All other water storage reservoirs owned by a public utility require a conditional use permit under WCC 20.82.030(5). 1. SUBTANCE ABUSE, MENTAL HEALTH & GROUP HOMES: Urban Residential (UR)— Permitted Uses (WCC 20.20.050). .088 :939 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occunanev to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures Permitted in the zoning district Urban Residential (UR) — Conditional Use (WCC 20.20.150): .154 Retirement boa din 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. .189 Boarding homes that are larger than other residential structures Permitted in the zoning district .190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district 54 .191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district Urban Residential (UR) — Prohibited Uses (WCC 20.20.200). 203 Mental health fac* ities that provide crisis care .204 Substance abuse facilities that provide erisi c 205 Outpatient mental health facilities, 206 Outpatient Substance abuse treatment facilities, including t e %tibstiftiction treatment clinics. Urban Residential Medium Density — Permitted Uses (WCC 20.22.050): .088 856 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zonim, district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district Urban Residential Medium Density — Conditional Use (WCC 20.22.750): .154 Retirement;�oarding 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.* 189 Boarding homes that are larger than other residential structures Permitted in the zoning district .190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district. .191 Substance abuse facilities that provide residential treatment and are larger than other residential structures Permitted in the zoning district 55 Urban Residential Medium Density (URM) — Prohibited Uses (WCC 20.22.200): .203 Mental health facilities that provide crisis are 04 Substance abuse facilities that provide 05 Outpatieut mental health facilities 06 Outpatient substance abuse treatment facilities, including induding Opiate h ft t' n treatment clinics. Urban Residential Mixed — Permitted Uses (WCC 20.24.050): .088 456 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district Urban Residential Mixed — Conditional Use (WCC 2014.150): .154 Retirement—,bearding 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. .189 Boarding homes that are larger than other residential structures Permitted in the zoning district. .190 Mental health facilities that yrovide residential treatment and are lar er than other residential structures permitted in the zoning district .191 Substance abuse facilities that provide residential treatment and are larger than other residential structures Permitted in the zoning district Urban Residential Mixed (UR -MX) — Prohibited Uses (WCC 20. 24.200): 203 Mental health facilities that prilyide 04 Substance abuse facilifigs that provide 205 Outpatient mental health facilities 56 .206 Outpatient substance abuse treatment facilifira_ including opiate substitu fio . treatment clipica. Residential Rural — Permitted Uses (WCC 20.32.050). .088 858 Adult family homes as defined in Chapter 70.128 RC W. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district. Residential Rural — Conditional Use (WCC 20.32.150): Items indicated by an ° *" are not allowed outside short term planning areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. .154 Retirement—,bearding 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.* .189 Boarding homes that are larger than other residential structures permitted in the zoning district.* .190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.* .191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoniniz district.* Residential Rural(RR)— Prohibited Uses (WCC 20.32100): ,203 Mental health facilities that nrp ide cresis car .204 Substance abuse farifilks that provide eriai care 205 Outpatient mental health fac'l't' 57 06 Outpatient substance abuse treatment facilities, including opiate stib5fitintion treatment clinic¢. Rural Residential Island District— Permitted Uses (WCC 20.34.050): .088 :936 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district 091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district Rural Residential Island District— Conditional Use (WCC 20.34.150): .154 Retirement, oarding 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. .189 Boarding homes that are larger than other residential structures permitted in the zoning district. 190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district 191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district Rural Residential Island District — Prohibited Uses (WCC 20.34.200): .203 Mental health facilitie s that provide rd ' are 204 Substance abuse facififics that provide crisis care 205 Outpatient mental health facilities, 206 Outpatient substance, abusc treatment f '1't' including ti treatment clipics. 58 Eliza Island District - Permitted Uses (WCC 20.35.050): .088 858 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that Provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district Rural - Permitted Uses (WCC 20.36.050): .088 X62 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures Permitted in the zoning district Rural - Conditional Use (WCC 20.36.150) Items indicated by an " *" are not allowed outside short term planning areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. .154 Rethement-,beardieg 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.* .189 Boarding homes that are larger than other residential structures permitted in the zoning district.* .190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district.* 59 .191 Substance abuse facilities that Provide residential treatment and are larger than other residential structures permitted in the zoning district.* 192 Mental health facilities that provide crisis care.* .193 Substance abuse facilities that provide crisis care.* .124 Outpatient mental health facilities,* 95 Outpatient substance abuse treatment facilities, bi I din opiat b tit do treatment clinics.* Point Roberts Transitional Zone — Permitted Uses (WCC 2037.050): .088 $55 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district Point Roberts Transitional Zone — Conditional Uses (WCC 20.37.150): .154 Retirement, eardiag 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.* .189 Boarding homes that are larger than other residential structures Permitted in the zoning district 190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district .191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district 192 Mental health facilities that provide crisis care .193 Substance abuse facilities that provide crisis care GP] .194 Outpatient mental health facilities Agriculture— Permitted Uses (WCC 20.40.050): .088 X36 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential stmetures permitted in the zoning district 090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district 091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential sttuctures permitted in the zoning district Agriculture — Conditional Use (WCC 20.40150): .190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district provided that the primary use of the parcel remains agriculture and the patients are working the land on the operating farm .191 Substance abuse facilities that Provide residential treatment and are larger than other residential structures permitted in the zoning district provided that the Primary use of the parcel remains agriculture and the patients are working the land on the operating farm. Rural Forestry — Permitted Uses (WCC 20.42.050): 088 Adult family homes as defined in Chapter 70.128 RCW .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district. .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district r71 Neighborhood Commercial Center — Permitted Uses (WCC 20.60.050): .059 Adult care centers, F� -^� aT� a�r - -a- �'-- , and child care facilities; provided, that a child care facility in a family dwelling shall conform to the definition of home occupation, WCC 20.97.180. .088 Adult family homes as defined in Chapter 70.128 RCW .089 Boarding homes that are similar in size facilities and occupancy to other residential structures Permitted in the zoning district 090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district 091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures Permitted in the zoning district Small Town Commercial — Permitted Uses (WCC 20.61.050): .088 -.065 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zonin k district Small Town Commercial — Conditional Use (WCC 20.61.200): .239 Boarding homes that arc larger than other residential structures permitted in the zoning district. 240 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district .241 Substance abuse facilities that provide residential treatment and are larger than other residential structures Permitted in the zoning district 242 Mental health facilities that provide crisis care .243 Substance abuse facilities that provide crisis care 62 244 Outpatient mental health facilities .245 Outpatient substance abuse tr atm nt facilities, including opiate e h t't t' treatment clinics. General Commercial — Permitted Uses (WCC 20.62.050). .088 -.068 Adult family homes as defined in Chapter 70.128 RCW. .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district General Commercial — Conditional Use (WCC 20.62.150): .189 Boarding homes that are larger than other residential structures permitted in the zoning district 190 Mental health facilities that provide residential treatment and are lar er than other residential structures permitted in the zoning district .191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district .192 Mental health facilities that provide crisis care .193 Substance abuse facilities that provide crisis care 194 Outpatient mental health facilitie 195 Outpatoent substancc ahuse kcatment facolffies, including 'at s11bqjtUtiOjj treatment clinics. Tourist Commercial — Permitted Uses (WCC 20.63.050). .088 X64 Adult family homes as defined in Chapter 70.128 RCW. 63 .089 Boarding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district .090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district Resort Commercial — Permitted Uses (WCC 20.64.050): .088 X68 Adult family homes as defined in Chapter 70.128 RCW. .089 Bounding homes that are similar in size facilities and occupancy to other residential structures permitted in the zoning district. 090 Mental health facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district .091 Substance abuse facilities that provide residential treatment and are similar in size facilities and occupancy to other residential structures permitted in the zoning district Resort Commercial — Conditional Use (WCC 20.64.150): .164 Retirement, eardixg and convalescent homes; social and health rehabilitation centers; children and adult care centers in a building not used as a residence; and other health - related services consistent with the purpose of the district. .189 Boardine homes that are larger than other residential structures pennitted in the zoning district. .190 Mental health facilities that provide residential treatment and are lar er than other residential structures permitted in the zoning district .191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district. Resort Commercial — Prohibited Uses (WCC 20.64.200). 03 Mental health facilities that provide 04 Substance ahnse facilities that provide 205 Outpatient mental h lth fadfitoes 64 206 nntnatient substance abuse treatment facifitmes, including t n tit £ treatmen ellaks. Light Impact Industrial — Conditional Use (WCC 20.66.150). 192 Mental health facilities that provide crisis care .193 Substance abuse facilities that provide crisis care 194 Outpatient mental healiklicilitka, 195 Outpatient substance abuse treatment f 'I't' including r e g1lbstitution treatment Cli Amend the Nonconforming Uses and Parcels chapter of the Official Whateom County Zoning Ordinance as follows: 20.83.010 Continuation. Except as otherwise provided in this chapter, the lawful use of any building, land or premises, existing on the effective date of adoption or amendment of this ordinance, may be continued although such use does not conform to the provisions hereof. If such nonconforming use is discontinued for a period of 12 months or more, any future use of said building, land or premises shall be consistent with the provisions of this ordinance. A structure occupied by a nonconforming residential use may be converted to any of the following uses (1) An adult family home that is similar in size facilities and occupancy to the nonconforming residential use (2) A boarding home that is similar in size facilities and occupancy to the nonconforming residential use (3) A mental health facility that (a) Provides residential treatment and (b) Is similar in size, facilities and occupancy to the nonconforming residential use. (4) A substance abuse facility that (a) Provides residential treatment: and (b) Is similar in size facilities and occupancy to the nonconforming residential use. 65 Rationale for recommended modifications 1. The Growth Management Act, at RCW 3670A.410, requires that residences for handicapped persons must be treated the same as residences for other people. 2. A representative of the County's Prosecuting Attorney's Office indicated that handicapped persons under the Fair Housing Act include people who are in residential treatment for mental health issues or substance abuse. The federal and state statutes basically indicate that local government can not discriminate and treat facilities for these people differently than similar residential structures for other people. 3. Additionally, RCW 70.128.175 requires that adultfamily homes must be a permitted use in all areas zoned for residential or commercial purposes. 4. Therefore, in accordance with the County Prosecuting Attorney's advice, the Essential Public Facilities Committee recommends that the following uses should be permitted where residential uses are permitted: •:• Adult family homes. Boarding homes that are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. Mental health,facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. Substance abuse facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. 5. The County's Prosecuting Attorney advised that the County must allow nonconforming residential structures to be utilized for adult family homes, boarding homes, and mental health & substance abuse residential treatmentfaeilities under the federal Fair Housing Act and RCW 36.70A. 410. J. SECURE COMMUNITY TRANSITION FACILITIES• Urban Residential— Prohibited Uses (WCC 20.20.200) .210 Secure community transition facilities for sex offenders Urban Residential Medium Density — Prohibited Uses (WCC 20.22.200) .210 Secure community transition facilities for sex offenders 66 Urban Residential Mixed — Prohibited Uses (WCC 20.24.200) .210 Secure community transition facilities for sex offenders Residential Rural — Prohibited Uses (WCC 20.32.200) 10 Secure community transition facilities for-spx offenders, Rural Residential Island — Prohibited Uses (WCC 20.34.200) .210 Secure community transition facilities for sex offenders Rural — Prohibited Uses (WCC 20.36.200) .210 Secure community transition facilities for sex offrudn Point Roberts Transitional Zone — Prohibited Uses (WCC 20.3 7.200) �3[IA Small Town Commercial — Conditional Uses (WCC 20.61.200) .244 A secure community transition facility for sex offenders (a) A secure community transition facility shall not be located adjacent to immediately across the street or parking lot from or within the line of sijzbt of existing risk potential facilities, which are' • Public schools • Private schools: • School bus stops. • Licensed day care; • Licensed pre- school faciljties • Public narks: • Publicly dedicated trails: • Sports fields: • Playgrounds: • Recreational and community centers: • Churches s a o sues temples or mosques • Public libraries- • Public and private youth camas and 67 • Other uses identified by the State Department of Social and Health Services pursuant to RCW 71.09.020(l 1) "Within the line of sight" shall mean that it is possible to reasonably visually dtstmemsh and recognize individuals An unobstructed visual distance of 600' shall be considered to be within the line of sight Line of sight may be considered to be less than 600' if the applicant can demonstrate that visual barriers exist or would be created that would visually screen the risk potential facility from the secure community transition facility. (b) No more than one secure community transition £agility with a maximum of three People (other than staff), shall be located within Whatcom County. General Commercial — Permitted Uses (WCC 20.62.050) .094 A secure community transition facility for sex offenders (a) A secure community transition facility shall not be located adjacent to immediately across the street or parking lot from or within the line of sight of existing risk potential facilities. which are- Public schools • Private schools • School bus stops. • Licensed day care: • Licensed pre- school facilities • Public narks' • Publicly dedicated trails: • Sports fields: • Plavgrounds: • Recreational and community centers • Churches, synagogues temples or mosques' • Public libraries- Public and private Youth camps and • Other uses identified by the State Department of Social and Health Services pursuant to RCW 71.09.020(l 1) "Within the line of sight" shall mean that it is possible to reasonably visually distinguish and recognize individuals An unobstmcted visual distance of 600' shall be considered to be within the line of sight Line of sight may be considered to be less than 600' if the applicant can demonstrate that visual barriers exist or would be created that would visually screen the risk potential facility from the secure community transition facility. (b) No more than one secure community transition facility, with a maximum of three people (other than staff), shall be located within Whatcom County. M Resort Commercial — Prohibited Uses (WCC 20.64.200) .210 Secure community transition facilities for sex offenders Light Impact Industrial — Permitted Uses (WCC 20.66.050) .094 A secure community transition facility for sex offenders when located outside of the Cherry Point Maior /Port Industrial Urban Growth Area (a) A secure community transition facility shall not be located adjacent to immediately across the street or parking lot from or within the line of sight of existing risk potential facilities, which are • Public schools' • Private schools • School bus stops, • Licensed day care; • Licensed pre- school facilities: • Public ap rks; • Publicly dedicated trails: • Sports fields: • Playgrounds: • Recreational and community centers • Churches synagogues temples or mosques • Public libraries • Public and private youth camps? and • Other uses identified by the State Department of Social and Health Services pursuant to RCW 71.09.020(l 1) "Within the line of sight" shall mean that it is nossible to reasonably visually distintwish and recognize individuals An unobstructed visual distance of 600' shall be considered to be within the line of sight. Line of sight may be considered to be less than 600' if the applicant can demonstrate that visual barriers exist or would be created that would visually screen the risk potential facility from the secure community transition facility. (b) No more than one secure community transition facility, with a maximum of three people (other than staff), shall be located within Whatcom County. 69 Rationale for recommended modifications: 1. The State Growth Management Act indicates that local government must plan far Secure Community Transition Facilities for sex offenders and can not preclude such facilities from locating in the community (RCW 36.70A.200). 2. Secure community transition facilities are a specific type of facility for sex of who have served their prison sentences, but have been "civilly committed" by a court because they have been determined likely to re -offend and have a mental abnormality. Thesefaeilities are intended to provide mental health treatment and partial reintegration of the offender into the community, while maintaining a high level ofsecurityfor community safety. 3. The State Department of Social and Health Services (DSHS) is responsible for these sex - offenders that have been civilly committed. 4. The vast majority of sex offenders released from prison each year are not civilly committed. These other offenders may be under community supervision (parole) by the State Department of Corrections, but are not candidates to occupy "secure community transition facilities. " 5. According to DSHS, the secure community transition facility program "offers 24- hour intensive staffing and line -of -sight supervision by trained escorts when residents leave the facility " (Frequently Asked Questions, DSHS, April 2002, p. I). Therefore, sex offenders that occupy secure community transition facilities will be under supervision 24 -hours a day. 6. In recommending the zoning districts where secure community transition facilities could be allowed, the committee sought to provide potential locations relatively close to services, jabs, educational facilities and transportation facilities. 7. Secure community transition facilities should be prohibited in high - density residential areas where there are generally more children present. K. APPEAL PROCESS: 20.92.210 Final decisions The hearing examiner shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters: (1) Appeals from any orders, requirements, permits, decisions or determinations made by an administrative official or committee in the administration of this title or WCC Title 21, Land Division Regulations. (2) Appeals from a decision of the administrator of the Shoreline Management Program. 70 (3) Applications for zoning ordinance conditional use permits. (4) Applications for variances from the terms of the zoning ordinance. (5) Applications for shoreline management substantial development permits not accompanied by a major project permit when an open record hearing is required. (6) Applications for variances from the terms of the Whatcom County Shoreline Management Program. (7) Applications for Shoreline Management Program conditional use permits. (8) Applications for flood damage prevention variances. (9) Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance. (10) Preliminary subdivisions and subdivision variances. (11) Preliminary binding site plan proposals. (12) Application for variances from the provisions of WCC Title 22. (13) Revocation proceedings involving previously approved zoning conditional use permits, shoreline management substantial project permits and shoreline conditional use permits. (14) Applications to continue operations of nonconforming adult businesses pursuant to WCC 20.83.015. (15) Appeals of decisions relating to water service issues under section 9.2 of the Coordinated Water System Plan. (16) Anneals from any orders requirements permits decisions or determinations made by an administrative official relating to essential public facilities Rationale for recommended modifications 7 The amendment would clarify that decisions by administrative staff relating to essential public facilities would be appealed to the Hearing Examiner. Section 20.91.610 of the existing zoning code indicates that Hearing Examiner decisions can be appealed to the County Council. Additionally, section 20.92.840 of the existing zoning code indicates that County Council decisions can be appealed to Superior Court. L. ZONING ORDINANCE DEFINITIONS: 20.97.009 Adult Family Home "Adult familv home" means a residential home in which a person or persons provide Personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the Person or persons providing the services Note: This definition is taken from RCW 70.128.010. 71 20.97.012 Airport "Airport" means a facility where aircraft can take off and land that is publicly owned or privately owned but used by the public It can include a terminal hangers refueling facilities, maintenance facilities and other accessory uses Aircraft landin y areas used solely for Personal use agricultural use forest mana ement or to serve the Eliza Island community are not considered to be airports 20.97.032 Boarding home. "Boarding home" means any home or other institution, however named, which provides board and domiciliary care to three or more children in the custody of the state aged persons or infirm persons not related by blood or marriage to the operator and is licensed by the state as a boarding home ndeF ROW . For the purpose of this definition, an aged or infirm person means a person of the age of 65 years or more, or a person less than 65 years who by reason of infirmity er- disabil45 requiresd domiciliary care. 'Infirmity' means a disability that materially limits normal activity without requiring inpatient medical or nursing care An infirmity may be based on conditions including but not limited to physical handicap mental illness developmental disability, mental confusion, disability or disturbance Note: This definition was revised after consulting the definition of "group home" in W4 388 - 820 -090, and the definitions of "boarding home, " "aged person, "and "infirmity "in WAC 388 -78A -010. 20.97.087 Correction facility "Correction facility" means a facility and accessory uses operated by government, or under contract with government that is primarily designed staffed and used for housing Note., This definition was formulated after consulting the definition of "correctional facility "from RAC 289 -02 -020 relating to the Corrections Standards Board. Additionally, it takes into account "State of Washington Department of Corrections and Department of Social and Health Services v. City of Tacoma, " Central Puget Sound Growth Management Hearings Board case # 00 -3 -0007, that indicates juvenile facilities and work release facilities are essential public facilities. Renumber existing 20.97.087. 72 20 97 091 Crisis Care Rationale for proposed amendment: 1. The Council's Public Works & Capital Projects Committee requested a definition of "crisis care "facilities that would be utilized for the mental health crisis care and substance abuse crisis care facilities. Staff worked with the mental health and the jail representatives from the Essential Public Facilities Advisory Committee to formulate this definition. A representative of the State Department ofSocial and Health Services also reviewed the proposed definition. 20.97.232 Mental health facilities "Mental health facilities" mean buildings and accessory uses primarily utilized to provide, through public or private agencies emergency evaluation and treatment outpatient care residential care and inpatient care to Persons suffering from a mental disorder. Mental health facilities are certified or operated by the state department of social and health services. Note: This definition was formulated after consulting the definition of "evaluation and treatment facility "from RCW 71.05.020 relating to mental illnesses. 20.97.329.1 Public utility. "Public utility" means a use owned or operated by a public or publicly licensed or franchised agency which provides vital essential public services such as telephone exchanges, electric substations, radio and television stations, wireless communications services, gas and water regulation stations and other facilities of this nature. Note: Not all public utilities are essential public facilities. The proposed change would lessen potential confusion relating to this issue. 73 20.97.361 Secure community transition facility. "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and anv community -based facilities established under this chapter and operated by the secretary or under contract with the secretary . Pursuant to RCW 71.09.300, a secure community transition facility shall maintain a minimum staffing ratio of one staff per resident during normal waking hours and two awake staff per three residents during normal sleeping hours In no case shall the staffing ratio permit less than two staff in a secure community transition facility. Note: The Growth Management Act references this definition (see RCW 36.70A.100 and RCW 71.09.010). The Planning Commission added language reiterating requirements ofstate law that a secure community transition facility must have 14 -hour supervision. 20.97.429 Solid waste handling disposal facilities or sites. "Solid waste handlingfacilifies "means anyfgcilities for the collection, transfer, treatment, recycling or ultimate disposal ofsolid waste. There are four types ofsolid waste handling facilities. (1) Tyne I Solid Waste Handling Facilities which are- • Dron box facilities used for the placem nt of a detachable contaioex including the area adjacent for necessary entrance and ev_tt_ roads unloading and turn around areas Drop box facilities normally the general public with loose loads and recciye waste from ff 't • Indoor recycling centers • Clean -green and vard -waste facilities for trap Ter elsewhere, • Moderate risk waste facilities for transfer elsewhere or recycling (2) _Type II Solid Waste Handling Facilities which are- Outdoor recycling yards where materials other than organic materials are stored in containers. (3) Tyne III Solid Waste Handling Facilities which are: • Municipal solid waste landfills. • Incinerators. • Transfer stations that serve as a collection noint for solid waste from large areas of the County or multiple local areas • Limited purpose landfills and inert waste landfills as deft ed in WA 173 - 350 -100. 74 • Piles used for storage or treatment • Surface impoundments • Biomedical waste operations • All other solid waste facilities that are not specifically listed as Type I 11_ or IV solid waste facilities (4) Tyne IV Solid Waste Handling Facilities which are: • Composting and mushroom composting facilities treatment, "Solid waste disposal 4iipilitips eF sites" means the jecation � befe any final ef din�ee, "iHtefirn solid A aste handling sites" ef the fellewing types af e included- r v excluded, bUt aFe defined as tFansitary solid waste facilities. For the puttpeses of this efdinanee, three t�Lpes of solid waste (1) Detruelitian r landfills, ineF4 landfills, .,_d. wqsfps as dpfin ,d :_ n7CC 24.08.040; Ctl-H- I A 9 ti-- ,�'- 9kYFtl -1-' (2) Sewage sludge when -- -i"liza"a- �--ued by the Whateern County itli WAC 173 904 300, and aii� application site fqF eampest whieh comes undeF Whateorn County health del3aftrnent�+d has.......:. _d tl.,..........._Jate ......... w me ¢pp.vprm�pc mit^,r bu including, (3) All ether selid waste disposal facilities and sites of a peFmanertt natuFe t l:f:ted t.. landR11 ,. ineineFatqfs, (n_d nl ma lnnl) Rationale far recommended modifications 1. The essential public facilities advisory committee found the existing definition of "solid waste disposal facilities or sites" in the zoning ordinance to be confusing. 2. The.first sentence of the new definition incorporates language from state agency rules implementing the Growth Management Act (WAC 365 - 195 -210). 3. Four types of solid waste facilities have been proposed, as certain solid waste facilities do not have as great of impacts as other solid waste facilities and, therefore, should be regulated differently. 4. The Whatcom County Health & Human Services Department stated that, in 199$ the State Department of Ecology adopted the State's Biosolids Management 75 Regulation (WAC 173 -308). This regulation recognizes and establishes that biosolids, also known as sewage sludge, are no longer solid waste or subject to solid waste regulation. The authority to issue permits is maintained by the Department of Ecology. Whatcom County Health & Human Services reviews land application plans and public notices, holds public hearings, responds to public comments, inspects and monitors sites, reviews annual reports, reviews permit applications and makes recommendations to Ecology for permit issuance. In 1999, Whatcom County revised our local solid waste rules (WCC 24.06) and removed all references to sewage sludge. Therefore, sewage sludge has also been removed from the definition ofsolid waste in the zoning ordinance. Drop Boxes New Washington Administrative Codes became effective in February 2003, after the Essential Public Facilities Advisory Committee finished its work WAC Chapter 173 -350 WAC Solid Waste Handling Standards provides a specific definition of "drop box "facilities. The Health Department is now recommending that the definition in the County zoning code should be consistent with the state definition. Composting Compostingfacilities, including non - commercial composting, are being considered by the County in a separate process that is currently under review by staff. This review process was set in motion by ordinances 2003 -027 & 2003 -050, which indicate that the Planning Commission will address composting issues in the next few months. The essential public facility recommendations include regulations governing Type I, II, and III facilities. Type IV facilities will be regulated under the composting rules that will soon be brought forward to the Council. Therefore, to avoid overlap and confusion between the essential public.facility recommendations and the composting recommendations, all composting facilities are being segregated out and treated as Type IV facilities. Transfer Stations The Essential Public Facilities Advisory Committee split transfer stations into the following categories: Type II Facilities - Transfer stations that serve as a collection point for solid waste from a local area. Type III Facilities - Transfer stations that serve as a collection point for solid waste from large areas of the County or multiple local areas. 76 9. The basis for this split was to recognize that smaller operations, such as the Nooksack Valley Disposal site on Birch Bay - Lynden Rd., shouldn't be subject to the same restrictive siting criteria as larger (Type III) operations. 10. However, staff now understands that the Nooksack Valley Disposal type operations are actually drop boxes that serve the general public (Type 1 facilities), and are not "transfer stations" that typically serve commercial haulers. 11. The Health Department has reviewed the situation and indicated there are no "transfer stations" in Whatcom County that would fit in the Type 11 category. 12. Planning staff reviewed this situation with the Health Department, and we believe that the regulations would be more difficult to administer and interpret if we have both Type II and Type III transfer stations. 13. Therefore, in light of the above, we think transfer stations should be deleted from the Type H category (The result would be that we would have drop boxes as Type 1 facilities and all transfer stations as Type III facilities). Landfill 14. The Health Department indicated in an e-mail message of 11125103 that they will be adopting WAC 173 -350 Solid Waste Handling Standards by reference. In doing so, they are proposing to repeal WCC 24.08 Demolition and Inert Landfills, as this regulation is less stringent and inconsistent with WAC 173 -350. Under WAC 173 -350 demolition and woodwaste landfalls are defined as limited purpose landfills. "Catch -all" categories 15. Type 1, IF and III solid waste facilities have "catch -all" categories for unspecified solid waste facilities. Type I includes any unspecified facilities that are conducted in a building. Type H includes any unspecified facilities that are on sites less than one acre. Type III includes "all other solid waste facilities. "It may be confusing to have three "catch -all categories" and, after consulting with the Health Department, staff believes that there should simply be one catch -all category under Type IHfacilities. That would mean that any unspecified solid waste activity, that is not specifically listed as Type 1, II, or IV would come under Type III, which has restrictive siting criteria. 20.97.430 State education facilities "State education facilities" mean Western Washington University Whatcom Community College, Bellingham Technical College_ and related classroom research and recreational facilities. They also include any other education facilities on the state's ten- 77 Rationale for proposed amendment: At the October 7 Public Works & Capital Projects committee meeting, the committee asked staff to develop language to ensure that storage and office space associated with state education facilities can be allowed in zoning districts where commercial storage and office space are permitted. 20.97.433 Substance abuse facilities. "Substance abuse facilities" mean buildinms and accessory uses nrimarily utilized to provide services to Persons addicted to alcohol and /or other drums persons incapacitated by alcohol and/or drums, and intoxicated Persons These services include detoxification outpatient care- residential, and in- patient services Note: This definition was formulated after consulting the definition of "treatment "from RCW 70.96A. 02 relating to treatment for alcoholism, intoxication and drug addition. Renumber existing 20.97.433 M. Conditional Use Permit Criteria 20.84.220 Criteria Before approving an application for a conditional use permit, the hearing examiner shall ensure that any specific standards of the use district defining the conditional use are fulfilled, and shall find adequate evidence showing that the proposed conditional use at the proposed location: (1) Will be harmonious and in accordance with the general and specific objectives of Whatcom County's Comprehensive Plan and zoning regulations. (2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area. (3) Will not be hazardous or disturbing to existing or future neighboring uses. (4) Will be serviced adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. 78 (5) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community. (6) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or odors. (7) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. (8) Will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Rationale for proposed amendment: The proposal is intended to avoid confusing "essential publicfacilities "as defined by the Growth Management Act (GMA) and the types ofpublic facilities specifically referenced in the conditional use criteria. For example, drainage structures are a public facility referenced in the conditional use criteria, but are not an essential public facility as defined by the GMA. 79 Section III: APPENDICES Appendix A — Transportation Matrix Appendix B — Land Use Matrix Appendix C — In- patient Matrix 80 APPENDIX A Transportation Matrix — o Agriculture No No No Ruml Forestry No No No Commercial Forestry No No No Mineral Resource Lands Na Na Na Itt RALI_%NDS Rural No No No Residential Rural —Residential No No No Rural — Island No No No t OBI A11iRCIA t. General Commercial P No No Small Town Commercial No No No Neighborhood Commercial Center No No No Tourist Commercial No No Resort Commercial No No No — Gateway Industrial Cu P No Light Impact Industrial Cu P No General Manufacturing Cu P No Heavy Impact Industrial Cu P P Cherry Point Industrial Cu P RESIOIiN'I'I AL Urban Residential No No No Ur ban Residential Mcdium- Densitv Cu No No Urban Residential Mixed No No No Hit, R Airport Operations No No Eliza Island No No No RecreatiorrOpen Space No No No Water Resource Protection Dist No No Na Point Roberts Transitional zone No No No N KEY TO ABBREVIATIONS 1' = Permitted Use CU = Conditional Use Permit NO = Prohibited Use N/A = Not applicable (the zoning district doesn't address the location of these facilities) RCW 36.70A.200, RCW47.06.140, and Washington's Transportation Plan 2003 -2022, when read together, specify the seven basic types of transportation essential public facilities: Interstate Highway System /State Principal Arterials — In Whatcom County, the following have been designated as essential public facilities: ✓ Interstate 5 ✓ State Route 543 (Truck Route at Blaine border) ✓ State Route 539 (Guide Meridian) ✓ State Route 9/546 (Badger Rd. /Garrison Rd. from Guide Meridian to Somas) ✓ State Route 20 (to eastern Washington) A map of these roads (along with others in the state) can be viewed at www.wsdot.wa.Pov /ppsc/hso /hss.htm and clicking on "Statewide Map." Using the "magnifying glass" in the toolbar, you can zoom in on Whatcom County. Essential Public Facilities Advisory Committee Recommendation: Siting of these linear facilities is addressed in proposed Comprehensive Plan Policy 2XX -4. Siting of these linear facilities is not addressed in individual zoning districts. Intercity passenger rail services— In Whatcom County, the following have been designated as essential public facilities: ✓ Amtrak Cascades Essential Public Facilities Advisory Committee Recommendation: Siting of these linear facilities is addressed in proposed Comprehensive Plan Policy 2XX -4. Siting of these linear facilities is not addressed in individual zoning districts. 82 Intercity High -Speed Ground Transportation. (These are train facilities that operate at greater than 125 MPH). • There are currently none in Whatcom County. Essential Public Facilities Advisory Committee Recommendation: N/A - No such facilities are planned in Whatcom County over the next 20 years— per WSDOT e -mail of 8 -7 -02. Major passenger intermodal terminals - In Whatcom County, the following have been designated as essential public facilities: ✓ Fairhaven Station (passenger rail) ✓ Bellingham Cruise Terminal (Alaska Ferry) Essential Public Facilities Advisory Committee Recommendation: Siting recommendations for these facilities in each zoning district are shown in the matrix above. Freight railroad system - In Whatcom County, the following have been designated as essential public facilities: ✓ Burlington Northern Santa Fe tracks. (There are two main corridors in Whatcom County: one up the 1 -5 corridor through Blaine and one up the Highway 9 corridor through Somas. Spur lines go to Cherry Point & Lynden). See httn:// www. wsdot. wa .gov /RaiVinformation/railsys.t)dl' for a map. Essential Public Facilities Advisory Committee Recommendation: Siting of linear freight railroad facilities is addressed in proposed Comprehensive Plan Policy 2XX -4. Siting recommendations for non - linear freight railroad facilities (terminals and switching yards) in each zoning district are shown in the matrix above. Marine Port Facilities and Services - In Whatcom County, the following have been designated as essential public facilities: ✓ Cherry Point ✓ Port of Bellingham Essential Public Facilities Advisory Committee Recommendation: Siting recommendations for these facilities in each zoning district are shown in the matrix above. High Capacity Transportation Systems. (These include public transportation services, such as express bus service or light rail that operate primarily on exclusive rights of way, including HOV lanes). • There are currently none in Whatcom County. Essential Public Facilities Advisory Committee Recommendation: N/A - No such facilities are planned in Whatcom County over the next 20 years —per WSDOT e -mail of 7- 23 -02. 83 APPENDIX B v Land Use Matrix _ o m E° V1 cL. RF: SOL RC F 1. a NDS Agriculture No Cv! No cNno /no Cu Cu P /Cu 1' Rural Forestry No Cut No culad-lo Cu Cu P /Cu Commercial Forevry No cu, No cu /cu /cu Cu Cu P /Ca Mineral Resource Lands Na N/a No Na Cu Cu P /6u RCItAL LANDS Rural No Cu NO cwcwcu° Cu Cu P /Cu Residential Rural No Cu do cu /cu /no Cu Cu P /Cu Rural Residentiel- Island No Cu No mou/no Cu Cu Pica CORM 114CIA1. General Cramncrcmd No Cu Cu cu/cu /no Cu Cu P/Cu Small Town Commercial No Cu Cu cu /no /no Cu Cu P /Cu NeighbothooJ Commercial Center No CL No eu/no /no Cu Cu P /Cu Tourist Commercial No No No cu/no /no Cu Cu P /Cu Resort Commercial No Cu No ou /no/no Cu Cu P /Cu INDI ST RIAL Gateway Industrial No No No cu/no /no Cu Cu P /Ca Light Impact Industrial No Cu Cu cu /cu /cur Cu Cu P /Cu General Manufacturing No Cu No cu /cu/cu Cu Cu P /Cu Heavy Impact Industrial No No No P /P /cu Cu Cu P /Cu Cherry Point Industrial No No No Cu Cu P /Cu RISIDI!A I IAL Urban Residential No Cu Cu cu /no /no Cu Cu P /Cu Urban ResiJemiel Medium- Density No Cu Cu cu /no /no Cu Cu P /Ca Urban Residential — Mixed No Co Cu cu /cu/no Cu Cu P /Cu 0111ER Airpon Operations P CIL3 No P /nomo8 Cu Cu /no° P/Cu Eliza Island No No No cu /no/ho Cu Cu P /Cu Reereatiou/OPen Space No No No no/no/no Cu Cu P /Ca Water Resource Protection Dist No Na ma cu/no/no v Cu Cu P /Ca Point Robcns Transitional zone No Cu Cu cu /cu/no Cu Cu P /Ca 84 KEY TO ABBREVIATIONS P— Permitted Use CU = Conditional Use Permit NO = Prohibited Use N/A = Not applicable (the overlay zoning district doesn't address this issue) Footnotes I. Only state education facilities that are related to agriculture operation training would be allowed in the Agriculture zone. 2. Only education facilities related to forestry are allowed as a conditional use in the Rural Forestry and Commercial Forestry zones (WCC 20.42.155 and 20.43.155). 3. Only state education facilities related to airport operation training would be allowed in the Airport Operations zone. 4. The Essential Public Facilities Committee recommends that correction facilities should be prohibited in these three residential zones, except that transitional correction facilities for juveniles and adults with 10 or less residents should be allowed with a conditional use permit in residential zones. These facilities would include "juvenile rehabilitation administration" QRA) facilities run by the state and residential adult work release facilities. 5. In the Point Roberts Transitional zone, correction facilities would be limited to 10 beds or less. 6. Type III solid waste facilities are only allowed in the Rural zoning district as a conditional use in those areas specified as suitable for solid waste sites in the applicable subarea comprehensive plan. 7. Type I and Type II solid waste facilities are permitted in the Light Impact Industrial zone within the Cherry Point Major /Port Industri al Urban Growth Area. Type I and Type 11 solid waste facilities require a conditional use permit in all other Light Impact Industrial zones. 8. Type I solid waste facilities are permitted in the Airport Operations, except for operations that handle putrescible waste (as they may attract birds, thereby creating a hazard for aircraft). 9. Type I solid waste facilities are allowed as a conditional use in the Water Resource Protection District, except for moderate risk waste facilities (i.e. those that receive gas, oil, and other similar waste products). 85 10. Telecommunication towers —There are two general categories of telecommunication towers: Personal wireless and broadcast towers. Personal wireless towers, including cell phone towers, are regulated under Whatcom County Code 20.13. New personal wireless towers require a conditional use permit, except when they are co- located with other approved towers, in which case they require administrative approval. Broadcast towers, including TV and radio towers, are allowed as a conditional use in all zoning districts under WCC 20.82.030 as "electronic communications towers" However, broadcast towers are currently permitted outright in the Light Impact Industrial zone and Airport Operations zone under WCC 20.66.065 and WCC 20.70.051 (as modified by WCC 20.70.708). "Public Utilities" are currently permitted in the General Commercial zone under WCC 20.62.061. The Essential Public Facilities Advisory Committee recommended requiring a conditional use permit in all zones. 11. The Essential Public Facilities Advisory Committee recommends that water treatment plants should require a conditional use permit and sewage treatment plants should be prohibited in the Airport Operations zone (as sewage treatment plants can attract birds and increase the potential for airplanes striking birds, which can create a hazard and can damage airplanes). 12. Water storage tanks owned by a public utility for fire flow, that do not exceed 50,000 gallons and not more than 12' in height, are permitted outright under WCC 20.82.023. All other water storage reservoirs owned by a public utility require a conditional use permit under WCC 20.82.030(5). so APPENDIX C In- Patient Matrix y se _ e x ^ m` H °m ErU` t° A E SC: n E's� y ., RI:SOF K('t:I %NO> Agriculture No Cu No P No Nn Rural Forestry No No No P No ban Commercial Forestry No No No No No Na Mineral Resource Lands Na wa Na Na Na Wz RLRAt IANDS Rural Cut Ca Cu' P No Call Residential Rural Nn Cu' Cu' P No No Rural Residential Island No Cu Cu P No Nn COMNILLU IAL General Commercial Cu Cu Cu P P Cu Small Town Commercial Cu Cu Cu P Cu Cn Neighborhood Commercial Center No No No P No Nn Tourist Commercial No No No P No Nu Resort Commercial Na Cu Cu P No Nn INDUtifRIM, Gateway Industrial No No No No No Nn Light Impact Industriel Cu No No No P Cn General Manufacturing No No No No No No Heavy Impact Industrial No No No No No No Cherry Point lndustrial No No No No No No RESI DEN'f1AU Urban Residential No Cu Cu F No Nn Urban Residential Medium-Density No Cu Cu P No Nu Urban Residential — Mixed Nn Cu Cu P No Nu OTHER Airport Operations No No No No No No Eh a Island No No No P No Nu Recreation /Open Space No No No No No No Water Resource Protection Dist Wa n/a N/a Na Na Na Point Roberts Transitional zone Cu Cu Cu P No Cn 87 KEY TO ABBREVIATIONS P = Permitted Use CU = Conditional Use Permit NO = Prohibited Use N/A = Not applicable (the overlay zoning district doesn't address this issue) The requirements of the existing zoning code are shown in the matrix in capital letters and the committee's recommendations are inserted in small letters in parenthesis ( ). Footnotes 1. The Essential Public Facilities Advisory Committee recommends that certain in- patient facilities and secure community transition facilities should be allowed with a conditional use permit in the Rural, Residential Rural, and Point Roberts Transitional zones subject to the following provision, which is also placed on certain other land uses in some of these zones: These uses are not allowed outside short term planning areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. 2. This category includes: ❖ Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district. Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district. 3. The Essential Public Facilities Advisory Committee recommends allowing substance abuse & mental health residential treatment facilities in the Agriculture zone, provided that the primary use of the parcel remains agriculture and the patients are working the land on the operating farm. 4. This category includes boarding homes that are larger than other residential structures permitted in the zoning district (this is one type of group home). W11 5. This category includes: :• Adult family homes (which are one type of group home). :• Boarding homes that are similar in size, facilities and occupancy to other residential structures permitted in the zoning district (which are another type of group home). Mental health facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. ❖ Substance abuse facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. The reason for consolidating these uses is they must be treated the same as other residential uses under the federal Fair Housing Act and RCW 36.70A.410 when they are similar in sue to other residential uses allowed in the zone.. ' I I : 1 i I_ e I I' 1 I 11 J I I I I 1: 2 Planning Division/Comp Plan 2003/2003 Update of Individual Comp Plan Chapters /Essential Public Facilities (Council Approved Version). doc Im