HomeMy WebLinkAboutord2004-01711- HATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -075E
CLEARANCES
Date
Date Received hr Council O ic
A enda Date
Assi nedtor
originator: Man a: Aamr
9 -24 -03
10 -7 -03
Introduction
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SEP 3 0 2003
WHATCOM COUNTY
COUNCIL
Division Head: Silvis Goodw
0/21/03
P & D / Council
Dept. Head: Hal Hart
JInifial
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Pi D COW AQLI
Praseomor: Karen Frakes
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Pardmsing /Budget
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Executive: PerwKremen
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SUBJECT: Ordinance adapting amendments to the Land Use Chapter of the Whatcom sun Comprehensive Plan ( her o r 2), which
includes rural lands. 2 l C/ .4 WVI I�GIL
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ATTACHMENTS:
(1) Proposed ordinance reflecting the Planning Commission's recommendations
(2) Planning Commission Findings of Pact & Reasons for Action, Conclusions, and Recommendations
(3) Planning Commission minutes
Note: Background materials are available Lot review at the Follow Council offices
S£PA review required? ( x ) Yes ( J NO
Should Clerk schedule a hearing? ( ) Yes ( x) NO
SEPA review completed? ( at )Yes ( J NO
Requested Date:
r A hearing must be heldif the Council changes the Planning Commission
recocameturation(WiCC20101101).
SUMMARY STATEMENT: Amending Chapter 2 of the Whatcom
Distribution Request
County Comprehensive Plan, which contains goals and policies relating to
land use and rural areas of Whatcom County. Chapter 2 also contains goals
tY P S
and policies relating to urban growth areas and essential public facilities,
Indicate move who,nould ieemue a copy „per counisl apron.
Let specfc naves to the right .
ADS Faeroes bfmagement
but these issues are being addressed separately.
ADS Finance
ADS Hannan Resources
Note: The subject proposal is one of a number of comprehensive plan
Alcilmo Services
A55P5sor
Keith Willbou er
amendments initiated this year. These amendments must be considered
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 review schedule established in WCC 20.10.120, final
Council action on these amendments should occur on or about November
Cooperative E�eeaai °a
Cooper
District Court
F :comae
Health
30.
Hearing Examiner
.rail
COUNCIL ACTION TAKEN:
Juvenile
2003 -75E t0O103'. Introduction
Parks
10121/03: Held in Planning and Development Committee to
Planning
Hal Hart
November 5
11/5/2003: Held in Council
11/182003 Held in Council -to be discussed at a later date
Prosecutor
Public Works
Sheri
1/13/2004: Held in Council
1/27/2004: Hearing scheduled for 2 110/04
2/10/2004: Amended and moved to concurrence, 5 -2, —
Crpwb q Nelson opposed
Re i, 2/24j04: Amended and moved to concurrency
5 -2, Crawford, Nelson opposed
Related File Numbers: AB2003 -075 - /9/04: Adopted 5 -1, Crawford
Superior Court
Treasurer
Omer
Ordinance or Resolutim amber O
(this item):
12 Planning Dis sfonAComp Plan AnnenduredwComp Plan 2003%CMP2003 -00004 (Chapter 2 -Land Use /Rural) - ABAsse
? -10 -04
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 10/7/03
ORDINANCE # 2004 -017
AMENDING CHAPTER 2 OF THE WHATCOM COUNTY
COMPREHENSIVE PLAN INCLUDING RURAL LANDS
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, Legal notice was published in the Bellingham Herald; and
WHEREAS, The Planning Commission held public hearings 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
1. Notice of the Planning Commission hearing for the subject amendment was published in
the Bellingham Herald on April 13, May 29 and August 28, 2003.
2. The Planning Commission held public hearings on the subject amendment on April 24,
June 12, and September 11, 2003.
3. A determination of non - significance (DNS) was issued under the State Environmental
Policy Act (SEPA) on August 18, 2003.
4. State law requires that Whatcom County review its Comprehensive Plan by December
2004 to ensure continued compliance with the Growth Management Act (RCW
36.70A.130).
5. The Growth Management Act states that comprehensive plans must contain a land use
element and a rural element (RCW 36.70A.070).
6. The Growth Management Act requires that the rural element of a comprehensive plan
must protect rural character and provide a variety of rural densities (RCW
36.70A.070(5)).
P. i
7. County -Wide Planning Policies B -1 states: "Whatcom County shall primarily become a
government of rural areas in land use matters directed towards agriculture, forestry and
other natural resources and natural resource based industries. The county shall work with
citizens to define a variety of types of rural areas based on the characteristics and needs of
different areas ..."
8. County -Wide Planning Policy B -2 states: "The county shall discourage urban level
development outside Urban Growth Areas and outside of areas currently characterized by
a development threshold greater than a rural development density."
9. The Rural designation of the Whatcom County Comprehensive Plan: "Allows one
dwelling unit per two, five, or ten acres, but encouraging ten acre development; with less
traffic noise and congestion than in urban areas; low - density population; open space;
privacy; largely forestry and agriculture oriented; rural level of services"
10. Since adoption of the Comprehensive Plan in 1997, approximately 650 acres have been
rezoned from Rural one dwelling/ten acres (RI OA) to Rural one dwelling/five acres
(R5A).
11. As of March 2003, there were 85,588 acres of R5A zoning and 27,572 acres of R10A
zoning in unincorporated Whatcom County.
12. According to CIS analysis of Assessor's records, approximately 49% of the acreage in the
RI OA zone is used for agriculture, whereas 34.7% of the acreage in the R5A zone is used
for agriculture.
13. Certain RI OA zones are located adjacent to designated agricultural and mineral resource
lands. Lower residential density associated with RI OA zoning has the potential to be
more compatible with the management of adjacent resource lands and minimize land use
conflicts.
14. Rezones from R10A to RSA zoning should be discouraged in order to achieve a variety of
densities in rural areas, and maintain rural character, open spaces, farming orientation,
and less traffic.
15. Expansion of Small Towns, Crossroads Commercial, Resort and Recreational
Subdivisions, and Suburban Enclaves should be subject to the GMA provisions relating
to "limited areas of more intense rural development" (RCW 36.70A.070(5)(d)).
16. The Official Whatcom County Zoning Ordinance formerly allowed density bonuses in
rural areas, but the Western Washington Growth Management Hearings Board
invalidated this provision in 1996. Whatcom County repealed the density bonus
provisions in the rural zone in 1998. The Comprehensive Plan policies and zoning should
be consistent and should encourage density bonuses in urban growth areas, but not in
rural areas.
P. 2
17. The Growth Management Act contains a definition of "rural services" and criteria under
which "urban services" can be extended to rural areas. The Whatcom County
Comprehensive Plan should be amended consistent with this definition and these criteria.
18. The Growth Management Act, at RCW 36.70A.360, allows master planned resorts on
resource lands if certain findings are made.
19. In Whatcom County, agriculture is a vital industry. Whatcom County is in the top 12
counties nationwide in milk production. Additionally, Whatcom County produces more
blueberries and raspberries than any other county in the state, and ranks 2 "d in
strawberries (CEDS, p. 111 -4). However, according to the 1997 Census of Agriculture
Profile for Whatcom County put out by the USDA, the land in farms has decreased 12%
from 118,136 acres in 1992 to 103,600 acres in 1997. Encroachment by non - agriculture
uses in agricultural areas can also increase nuisance complaints against agricultural
operations. Therefore, master planned resorts should not be located on designated
agricultural lands in Whatcom County.
20. From a transportation perspective, the existing Agriculture zoning districts along the
Guide Meridian allow for low - density land uses that minimize the need for new access
points onto the Guide, thereby facilitating traffic flow. Additionally, some of the
Agricultural zone between Hemmi Rd. and W. King Tut Rd. is within a purchase of
development right (PDR) target area. The Agriculture zone south of Lynden extends to
the Wiser Lake area. A portion of this Agriculture zone is within the 100 -year flood plain.
Therefore, these areas along the Guide should be added to Policy 2NN -5 as agricultural
zones that should be retained.
21. The County's new purchase of development right program should be recognized in the
policies of the Comprehensive Plan.
22. RCW 36.70.547 and RCW 36.70A.510 require local comprehensive plans and
development regulations (such as zoning) to discourage the siting of incompatible land
uses adjacent to general aviation airports.
23. There are three critical issues that affect the compatibility of airports with adjacent land
uses: Noise, safety relating potential for aircraft accidents, and height hazards (Airports
and Compatible Land Use, Volume I, Washington State Department of Transportation
Aviation Division, February 1999, p. 16). The Comprehensive Plan should be amended to
incorporate these three issues into County policy.
24. The County should seek to amend interlocal agreements with cities to address: Extension
of water and sewer services within UGAs, development density requirements within
annexation proposals, and mitigation agreements for conversion of lands designated on
the County Comprehensive Plan map as Resource Lands, with the exception of depleted
Mineral Resource Lands.
r3
CONCLUSIONS
The subject amendment is consistent with Growth Management Act, County Wide
Planning Policies, and Whatcom County Comprehensive Plan.
2. The subject amendment complies with the approval criteria for comprehensive plan
amendments of WCC 20.10.080.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Chapter 2 of the Whatcom County Comprehensive Plan is hereby amended as shown
on Exhibit A.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof
other than the part so declared to be invalid.
ADOPTED this 9 day of March , 200 4
APPROVED as to form: t
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Civil Deputy Prosecutor
P. 4
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L
Dan McShane, Chairperson
(4oApproved O Denied
Pete Kremen, Executive
Date: 377 -77
2003 Update Chapter Two - Land Use
Exhibit A — County Council Version — Approved to forward to concurrent review on 2 -24 -04
Chapter Two
LAND USE
Rationale for proposed change: The table of contents in the front of the Comprehensive
Plan indicates where to look for other topics. None of the other chapters of the
Comprehensive Plan has a comparable `mini table of contents."
INTRODUCTION
The fundamental precept of this chapter and the Whatcom County Comprehensive Plan is to
implement the Vision for Whatcom County as defined through the Whatcom County: The Next
Generations Visioning Process.
* ** VISION ***
Whatcom County is a place where urban growth is concentrated in urban areas, where
there is a distinct boundary between urban and rural uses, where agricultural use is
encouraged, where resource lands and water resources are protected, and where land
use changes are brought about through incentive programs. Rural areas are peaceful and
quiet with less traffic and congestion than in urban areas. There is low - density
development with open spaces allowing for privacy. A sense of community is retained
and local control is exercised in land use decisions.
Whatcom County Comprehensive Plan
2 -1
2003 Update Chapter Two - Land Use
Chapter Organization
The Land Use chapter and map include a set of adopted desired land use designations which
combine the predicted needs of future populations with the availability of land and the desires
of residents. These needs and desires are expressed through the goals, policies, and actions
included below as well as through implementation of the land use map. This chapter is
divided into sections that address: whish -deal with
• Overall Land Use
• Urban Growth Areas
• Rural Lands
• Open Space
• Essential Public Facilitiesand
• Adult Businesses.
Rationale for proposed amendments: (1) The land use designations contained in the
Comprehensive Plan are official designations that have been adopted by the County
Council and are not simply desired designations. (2) The above amendments
recognize the adult business policies that were adopted by the County Council since
original adoption of the Comprehensive Plan in 1997.
Process
Each subsection of this chapter describes the process used in creating that section.
GMA Goals, County -Wide Planning Policies, and Community Value Statements
The Land Use chapter supports many of the GMA goals. The land use plan is based on a
vision of Whatcom County that whish concentrates growth in urban areas but recognizes the
need for economic diversity in all of the county. This chapter has been coordinated with all
other chapters in the plan. Natural resource industries are encouraged and property rights
and the permitting process are addressed.
County -Wide Planning Policies (CWPP) are supported throughout the Land Use chapter in
goals, policies, and actions and in land use designations.
The "Urban Versus Rural Distinctions" and "Urban Growth Areas" sections of the CWPP are
addressed by discouraging urban levels of development outside urban growth areas, allowing
small cities adequately sized UGAs, accommodating the projected population and calculating
needed land area, defining rural areas and drawing distinct boundaries between rural and
urban areas, and minimizing impacts on resource lands and environmentally sensitive areas.
The "Contiguous, Orderly Development and Planning in Urban Growth Areas" section of the
CWPP is addressed through the urban growth area analysis and identification of areas where
timely and adequate services can be provided.
Whatcom County Comprehensive Plan
2 -2
2003 Update Chaoter Two - Land Use
The "Open Space /Greenbelt Corridors" section of the CWPP is addressed and supported in
goals and polices in the Open Space section of this chapter and in the designation of Open
Space Corridors.
Goal 6 of the Growth Management Act, regarding Property Rights and the 'Private Property
Rights" section in the CWPP and Visioning Community Value Statements have been
addressed by the emphasis on incentives including transfer of development rights rather than
downzoning. The Fiscal Impact section of the CWPP has been addressed by providing urban
growth areas in the county, providing for economic development opportunities in the eastern
portion of the county, and addressing fiscal impact in interlocal agreements with cities.
The Citizen Participation goals of both the Growth Management Act and the County -Wide
Planning Policies have been addressed in the development of this chapter through Whatcom
County. The Next Generations Visioning Process (see Appendix C), citizen committee
participation, and public hearings. Also, specific goals and actions give direction for property
owner notification and the establishment of on -going citizen committee input.
The Land Use chapter also insidentally addresses, and is coordinated with, many others -e€
the County -Wide Planning Policies.
Whatcom County Comprehensive Plan
2 -3
2003 Update Chapter Two - Land Use
OVERALL LAND USE - INTRODUCTION
Purpose
The purpose of this section is to provide a broad, general direction for land use policy in
Whatcom County. It is the foundation upon which all of the subsections of the Land Use
chapter are based. It sets direction for the subsections and 9 RtAndp" to provides a
mechanism of measurement for consistency for readers.
Process
The Land Use chapter was developed to address future land use in Whatcom County in
accordance with Section 36.70A.070 of the Growth Management Act. It represents the
county's policy plan for growth over the next twenty years. The Land Use chapter implements
many of the goals and objectives in the other plan chapters through adopted suggested land
use designations and other action recommendations.
The Land Use chapter was also developed in accordance with the County -Wide Planning
Policies and the Whatcom County., The Next Generations Visioning recommendations and
community value statements, and was integrated with the other plan chapters to ensure
consistency throughout the comprehensive plan. The Land Use chapter considers the general
distribution and location of land uses, the appropriate intensity and density of land uses given
current development trends, and the provision of public services.
The root of the Land Use chapter is the Whatcom County., The Next Generations Visioning
Recommended Land Use Alternative. An appointed group of citizens designed and
implemented a public process to give people the opportunity to express their views, criticisms,
and concerns. Through an extensive series of surveys and town hall meetings, a set of value
statements for Whatcom County were drafted. The committee then developed four different
future land use patterns representing residents' visions and values. The final Recommended
Land Use Alternative, based on input on the four land use alternatives as well as citizen input
from the first round of surveys and meetings, was a conceptual depiction of the community
vision which guided the development of the Land Use chapter.
GMA Requirements
Section 36.70A.070 of the Growth Management Act requires that the comprehensive plan of
a county include a land use element which designates proposed general distribution and
general location and extent of the uses of land, where appropriate, for agriculture, timber
production, housing, commerce, industry, recreation, open spaces, general aviation airports,
public utilities, public facilities, and other land uses. It is required to include population
densities, building intensities, and projections of future population growth. Building intensity
can be described in terms of such variables as lot coverage, building height, and the spacing
between buildings and property lines and between buildings and other structures.
Rationale for proposed amendment., The Growth Management Act, at RCW
36.70A.070, requires planning for general aviation airports. Therefore, this should be
included in the "GMA Requirements" section of the Comprehensive Plan.
Whatcom County Comprehensive Plan
2 -4
2003 Update Chapter Two - Land Use
BACKGROUND SUMMARY
Almost 74% 90°h of the non - federal land in unincorporated Whatcom County is dedicated to
forestry and agricultural uses. The next largest category of land use is residential, with 11_3%
54°,46 of the land area. Much smaller areas of the county are dedicated to industrial,
commercial, and other uses.
The goal of growth management is to provide sufficient land area with adequate facilities and
utilities either presently available or economically feasible to accommodate future growth.
This means having an adequate distribution of land to provide housing, services, jobs, and
resource land for the expected population. Whatcom County'
has almost 790 785 square miles of area outside of National Park and National Forest,-ft
appears -- easy -to which will accommodate the expected increase of 65iy14 16,455 people
from 2000 to 2022 in Whatcom County
Gaunt y. However, this growth must be accommodated in ways that achieve desired land use
goals.
serviced industrial and commercial land must also be
Analysis (Huckell/Weinman Associates. 2003)
indicates that of the 14 549 13,18 -1 acres of zoned or designated industrial land in
unincorporated Whatcom County and the cities, 7,758 5,334 acres are vacant -aad do not
have environmental constraints (wetlands, stream buffers, and floodplain) senstrained -bv
appropriate infrastructure, such as water and sewer service, may hinder development of a
portion of the industrial land supply.
needed. Whatcom County Population and Economic Forecasts
Rationale for proposed amendments: (1) A Whatcom County Industrial Land Availability
Conditions and Marketina Analysis was developed in August of 2003 that provides updated
information on industrial land supply and demand in Whatcom County. (2) A land demand
study was included in the Whatcom County Population and Economic Forecasts
(ECONorthwest, May 2002), which projects the future need for commercial land. The abovE
figures have been updated in accordance with the new information.
Whatcom County Comprehensive Plan
2 -5
2003
A key need for meeting land demands to generate family wage employment is land that is
"ready to go" for industrial development. Most potential industrial employers seeking to
locate in Whatcom County require large tracts of land where the infrastructure and site
improvements are already in place. This is a major missing element of the is our industrial
land supply.
It is important to assess the demand and previde an ample supply of land planned and
zoned for various types of uses to meet the economic needs of the county, as well as
utilize this information to guide policy decisions regarding land use to avoid
The multiplicity of values reflected in the
vision statements must all be considered, in addition to the competing goals and policies
in other chapters of the comprehensive plan. Having adequate residential lands must
include adequate provision of services, and it means densities that whieh meet the
mandates of the Growth Management Act to prevent urban sprawl as well as reflecting
the desires of Whatcom County residents. Industrial lands should be provided in areas
that wh oh have access to transportation routes and adequate infrastructure and can meet
The demands of market trends. Commercial areas should also be located so as to provide
the kinds of goods and services that meet the needs of local residents with consideration
given to market - driven forces. Sufficient urban land must be provided to accommodate
growth. Rural areas with a range of densities must also be available. All of this needs to
be done in light of those aspects of the county which are most valued: water quality,
productive agricultural land, economic development in rural areas, distinct boundaries
between rural and urban areas, and predictability in land use plans.
ISSUES, GOALS, AND POLICIES
Issues for this section were drawn from those identified in the Whatcom County: Next
Generations Visioning Process. Numerous meetings, surveys and other methods were
used to identify what was important to people in Whatcom County.
Accommodating Growth
Community Value Statements encourage concentrating growth into urban areas. This allows
for efficient provision of services and preservation of rural areas as quiet, open spaces where
development pressures are not such that extraordinary regulations must be imposed. A
distinct boundary is also encouraged between rural and urban areas, discouraging sprawl,
maintaining desired rural lifestyles, and conserving agricultural land.
GOAL 2A: Ensure provision of sufficient land and densities in- all - designations to
accommodate the growth needs of Whatcom County and protect the
qualities that which make the county a desirable place to live.
Whatcom County Comprehensive Plan
2 -6
2003 Update Chapter Two - Land Use
Policy 2A -1: Concentrate urban levels of development within designated urban
growth areas.
Policy 2A -2: Where existing development zeniA9 ONand -use does not already
prohibit it, draw a distinct boundary between urban and rural uses.
Policy 2A -3: Provide a range of land uses which considers locational and market
factors as well as required quantities of land.
Policy 2A4: Designate land uses that whigh reflect the best use of the land.
Policy 2A -5: Provide predictability to property owners in land use designation.
Policy 2A -6: Allow appropriate development in existing small self- contained
communities through the use of the a new "Small Town" land use
designation.
Policy 2A -7: Provide sufficient and appropriately located residential, commercial,
and industrial lands.
Policy 2A -8: Include business /industry parks, tourist/resort areas and allowance
for existing crossroads commercial areas in commercial lands
designations.
Peliey -2A-9: Increase light -- ind!US& ^I 2 ^a aemrnprnlal uses- aleng the
Inlnnn Hln C n r dOF In the easte Fn aFt of the s n{.. and at key
ntn.gnntmn along the Guide Merldonn n : da
Policy 2A -10: Retain existing rural and heavy industrial areas in the northwestern
region of the county.
Policy 2A -11: Recognize the importance of tourism and its influence on the need
for land for various types of development.
Policy 2A -12: Ensure Insure that the development potential of contiguous lands in
common ownership is not compromised when urban growth
boundaries are designated. This should be accomplished without
expanding UGA boundaries beyond that ownership and without
bridging natural divisions of urban /rural land uses such as roads,
rivers, and other natural features.
County Comprehensive Plan
2 -7
imrnfrrnma
Policy 2A -13 Adoption of residential, industrial and commercial comprehensive plan
or zoning designations in rural areas must comply with the criteria for
"limited areas of more intense rural development" in the Growth
Management Act (RCW 36.70A.070(5)).
Rationale for proposed amendment: A 1997 amendment to the Growth Management Act, at
RCW 36.70A.070(5), established the criteria for designating residential, industrial, and
commercial "limited areas of more intense rural development." These requirements should be
referenced in the Whatcom County Comprehensive Plan so that the public will know there are
specific requirements that must be met to designate additional residential, industrial or
commercial land in rural areas of the County.
Resort Communities and Master Planned Resorts
The County's resort areas are important to tourism and provide numerous and varied
recreational opportunities for county residents and visitors. Historically important resort areas
include Birch Bay, Point Roberts, the Resort Semiahmoo and West Semiahmoo areas, and
the Mount Baker winter recreational area. New developments, including the Point Roberts
Golf and Country Club have expanded the role of the resort communities in providing
recreational and employment opportunities for residents. In addition, a future reAGA and
planned unit development at Lily Paint an Point Roberts may he adylpd to further
expand the recreational oppoFtunotmes.
GOAL 2B: Encourage the continued viability of existing resort communities
and allow the development of new Master Planned Resorts in the
near future.
Policy 2B -1: Support the economic viability of the County's tourist industry by
permitting master planned resorts within urban growth areas through the
planned unit development process.
Policy 2B -2: New resort development in rural areas outside of UGAs and outside
established resort areas, should only be permitted as Master Planned
Resorts and only when substantially in compliance with these policies.
Policy 2B -3: Work with property owners in the resort communities to develop an
understanding of the unique needs of these areas and evaluate land use
regulations for their responsiveness to these needs.
Policy 2B -4: New resort development and Master Planned Resorts should be
developed consistent with the development regulations established for
critical areas.
Policy 2B -5: No new urban or suburban land uses should be allowed in the vicinity of
Master Planned Resorts, except in areas otherwise designated for urban
growth under the Comprehensive Plan.
Policy 2B -6: Capital facilities, utilities, and services including those related to sewer,
water, storm water, security, fire suppression, and emeraencv medical.
Whatcom County Comprehensive Plan
2 -8
2003 Update Chapter Two - Land Use
Rationale for proposed amendment: A 1998 amendment to the Growth Management
Act, at RCW 36.70A.360, established the above requirements for capital facilities and
utilities serving master planned resorts.
Policy 213-7: Master Planned Resorts should only include other residential uses
within its boundaries if residential uses are integrated into and support
the on -site recreational nature of the resort. The density of such
residential uses should be consistent with density requirements of the
planned unit development regulations.
Policy 2B -8: Master Planned Resorts should only be approved when it can be
demonstrated that on -site and off -site impacts to public services and
infrastructure have been fully considered and mitigated.
Policy 213-9: Master Planned Resorts should not be located on designated
agricultural lands. Master Planned Resorts should not be located on
forest resource lands designated under the Comprehensive plan GF
subarea plans unless a finding is made that the land OR bette
sulted, and has more long tOFM importance, f4aF the master planAed
PFedWGt OR.
Rationale for proposed amendment: The State Growth Management Act, at RCW
36.70A.360, allows master planned resorts on resource lands if certain findings are
made. In Whatcom County, agriculture is a vital industry. Whatcom County is in the
top 12 counties nationwide in milk production. Additionally, Whatcom County produces
more blueberries and raspberries than any other county in the state, and ranks 2"tl in
strawberries (CEDS, p. 111 -4). However, according to the 1997 Census of Agriculture
Profile for Whatcom County put out by the USDA, the land in farms has decreased
12% from 118,136 acres in 1992 to 103,600 acres in 1997. Encroachment by non -
agriculture uses in agricultural areas can also increase nuisance complaints against
agricultural operations that remain in the area. Therefore, master planned resorts
should not be located on designated agricultural lands in Whatcom County.
Whatcom County Comprehensive Plan
2 -9
2003
Capital Facilities
Two - Land Use
There should be a relationship between provision of services and land use designations.
Levels of service need to be set that will assure adequate services within realistic financing
capabilities. This needs to be balanced against the amount of funding which taxpayers are
willing to support.
GOAL 2C: Channel growth to areas where adequate services can be provided
Policy 2C -1: Coordinate capital facilities and land use planning.
Regulations
be impacted by
It is very important
to Whatcom County citizens to maintain local control over land use
decisions. At the same
time some people want to see regulations streamlined and reduced.
Regulations should
be clear, concise, and predictable with enough flexibility to allow for
reasonable and efficient decision - making. Regulations should be enforced People would
like to see an incentive program to encourage land to be used in ways that meet community
goals.
GOAL 20:
Refine the regulatory system to ensure accomplishment of desired
land use goals in a fair and equitable manner.
Policy 2D -1:
Eliminate unnecessary regulations.
Policy 2D -2:
Eliminate regulations that which could be more effectively achieved
through incentive or education programs.
Policy 2D -3:
Streamline development regulations to eliminate unnecessary time
delays.
Policy 2D -4:
Coordinate permitting requirements among jurisdictions to minimize
duplication and delays.
Policy 2D -5:
Provide enforcement of regulations.
Policy 2D -6:
Review and update the Whatcom County Shoreline Management
Program once the State issues new guidelines. The update should
improve the integration of the Shoreline Program with Growth
Management in order to provide predictability and consistency in
regulation, and eliminate regulatory redundancy.
• Could
be impacted by
airplane
noise:
• Could
create or be impacted
by
airplane accidents or
Whatcom County Comprehensive Plan
2 -10
2003 Update Chapter Two - Land Use
• Create height hazards that could adversely impact aircraft that are
taking off or landing.
Incompatible land uses may include K -12 schools, hospitals, nursing
homes, daycare, churches, high occupancy buildings, places of public
assembly, residential development, storage of large quantities of
hazard /explosive materials and tall structures that could interfere with
airport operations.
Rationale for proposed amendment: RCW 36.70.547 and RCW 36.70A.510 require
local comprehensive plans and development regulations (such as zoning) to
discourage the siting of incompatible land uses adjacent to general aviation airports.
There are three critical issues that affect the compatibility of airports with adjacent land
uses: Noise, safety relating potential for aircraft accidents, and height hazards
(Airports and Compatible Land Use, Volume 1, Washington State Department of
Transportation Aviation Division, February 1999, p. 16). The proposed Comprehensive
Plan amendment incorporates these three issues into County policy.
GOAL 2E:
Encourage and support individual responsibility to achieve
community values.
Policy 2E -1:
Provide education on the assets of the community and offer incentives
for individual citizens to take responsibility to protect those assets.
GOAL 2F:
Give a high priority to the use of a comprehensive incentive
program to encourage achievement of land use goals.
Policy 2F -1:
Develop a set of incentives, including economic, which encourages
property owners to achieve land use goals.
Policy 2F -2:
Base incentive programs on suggestions from citizens, government
officials, and experts in the field.
Policy 2F -3:
Revise regulations to include incentive programs.
Policy 2F -4:
Review and adopt, where appropriate, incentive programs such as
cluster density bonuses in urban growth areas, purchase of
development rights, transfer of development rights and tax deferrals.
Rationale for proposed amendments: Density bonuses should be encouraged in urban
growth areas,
where higher density development is intended. The modification would
also recognize the new purchase of development right program that the County is now
undertaking.
Policy 2F -5:
Monetary compensation as an economic incentive shall be based only
on market value at the time of compensation, not on 'possible" future
value of the land.
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2003 Update Chapter Two - Land Use
Policy 2F -6: Monitor incentive programs on a five -year basis to ensure the
comprehensive plan goals are being achieved. Develop an alternate
approach if necessary.
Public Participation in Decision - Making
People in Whatcom County want to be involved in government decision - making. They want
government to be responsive; they want to be personally notified of changes; they want their
input considered. People also want to see more issues subject to a vote.
GOAL 2G: Encourage citizen participation in the decision - making process.
Policy 2G -1: Examine and }improve methods to notify affected property owners of
proposed land use changes.
Property Rights
Property rights are an important issue in Whatcom County. People want to use their land as
they wish as long as it doesn't conflict with the rights of others. It is not necessary for the
preservation of property rights and protection of the environment and resources to conflict
with one another. People are looking for ways to achieve all of these things. They understand
that it is important to protect the community's general interest.
Fights aFe Infringed upon should be Gempensated.
GOAL 2H: Preserve private property rights while recognizing the importance
of the rights of the community, including protecting the natural
environment and conserving resources.
Policy 2H -1: Review and retain regulations that serve to protect the public welfare,
health, and safety.
Policy 2H -2: Establish programs such as cluster density bonuses in urban growth
areas, purchase of development rights and transfers of development
rights, where appropriate, to compensate property owners when rights
are irp.�tl infringed upon.
poloGy 2143• Offer voluntary insenti Yes -- in— pre#efense —to the redust}an e#
r -re J, rights through A=--.. °°
Via•
Policy 2H-4: Provide information to the public as to government's role and
responsibility in relation to property rights.
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2003 Update Chapter Two - Land Use
Diverse Cultural Composition
It is recognized that Whatcom County is becoming more diverse and people understand that
accepting this diversity is important.
GOAL 2J: Encourage individuals to accept cultural diversity in our
community.
Policy 2J -1: Encourage the preservation of cultural resources.
Policy 2J -2: Ensure that land use policies are not discriminatory.
Policy 2J -3: Cooperate with Tribal governments to ensure local traditions are
respected in all land -use decisions.
Policy 2J -4: Protect culturally and spiritually significant places from non - essential
development that is viewed as incompatible by the affected community.
Flooding
Flooding of rivers and streams in Whatcom County is a natural event due to the combination
of climate, geology, and topography present in the region. Two major floods occurred in 1989
and 1990 along the Nooksack River, with damage estimates running over $20 million for 1990
alone. The cities of Nooksack, Everson, Sumas, and Ferndale are often flooded by the
Nooksack. A major study and plan for managing flood hazards on the lower Nooksack,
791RA ID o..'•
'^'^'. Flood damage can also occur along smaller streams in Whatcom County,
especially on those streams associated with alluvial fans.
The majority of the Nooksack River floodplain is currently used for agricultural purposes.
Residential density within the floodplain is low; however, several major transportation routes
cross the floodplain and have been temporarily closed during periods of flooding. Increased
building development within the floodplain, and especially within the floodway where flood
water velocity can be great enough to sweep away structures, could heighten the existing
level of flood hazards along the Nooksack. Development on alluvial fans can also increase
flood hazards. Chapter 11: Environment, contains more detailed discussion of flood issues,
as well as goals and policies for managing flood hazards in Whatcom County.
GOAL 2K: Discourage development in areas prone to flooding
Policy 2K -1: Limit lands in one - hundred year floodplains to low- intensity land uses
such as open space corridors or agriculture.
Policy 2K -2: Use the Comprehensive Flood Hazard Management Plan as a basis to
balance land use and flooding.
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2003 Update Chapter Two - Land Use
Policy 2K -3: Discourage expansion of urban growth areas into flood -prone areas and
consider danger to individuals related to flooding when designating land
use in other areas.
Policy 2K-4: Encourage multi - purpose problem solving relative to flooding, aquifer
recharge, improved water quality, water for human consumption, and
fish habitat. Consider the purchase of land along the Nooksack River for
flood water storage that could be utilized by cities and water providers.
Policy 2K -5: Development in flood prone areas must comply with adopted regulations
meet add t onal standards to mitigate identified flood hazards.
Rationale for proposed amendment: It is unclear what "additional standards" are
contemplated. Whatcom County already has flood regulations (Title 17 of the
Whatcom County Code) and the policy should simply note that building in flood areas
will have to comply with these regulations.
Regions of Whatcom County
Whatcom County is a large and diverse county. People living in different parts of the county
have different priorities and understanding of what constitutes rural and urban lifestyles. It is
important to citizens to emphasize these regional differences.
GOAL 2L: Recognize the important regional differences within Whatcom
County.
Policy 2L -1: Use the subarea planning process to identify and support distinctions
among different areas of the county.
Policy 2L -2: Retain and periodically update the adopted Subarea Plans AR in.,.' ^•p' A
development FagulatiGRG (Lummi Island, Cherry Point - Ferndale, Lake
Whatcom, Urban Fringe, Lynden - Nooksack Valley, Chuckanut -Lake
Samish, Birch Bay - Blaine, Foothills, Point Roberts, South Fork Valley,
and Eliza Island). To the extent that they are consistent with the
Whatcom County Comprehensive Plan, they remain valid in the detail
they provide for specific areas. Where there is a conflict between a
Subarea Plan and the Whatcom County Comprehensive Plan, the
Whatcom County Comprehensive Plan shall prevail.
Rationale for proposed amendment: (1) Some of the subarea plans are relatively old
and pre -date the GMA. Therefore, they should be updated. (2) Subarea plans should
be recognized as policy documents, rather than detailed development regulations
such as zoning ordinances (see the GMA definitions of "comprehensive plan" and
"development regulations" in RCW 36.70A.030).
Policy 2L -3: Emphasize forestry uses with some provision for rural and agricultural
uses in the south and southeastern regions of the county.
Whatcom County Comprehensive Plan
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2003 Update Chapter Two - Land Use
Policy 21-4 Expand the rural economic base by supporting natural resource,
cottage, and light industries, forestry. fishing and agriculture, as well as
allowing for some Small Towns in appropriate regions of the county.
Policy 2L -5: Emphasize agriculture in the north central regions of the county.
Fish and Wildlife
Whatcom County has historically enjoyed abundant and diverse fish and wildlife populations
However, the combined effects of habitat reduction or degradation, fish harvest, hydropower
development, hatchery management practices, and variations in natural conditions are now
causing the decline of some of these populations. Maintaining healthy fish and wildlife
populations is a vital goal in maintaining the quality of life in Whatcom County. Chanter 11:
Environment contains additional discussion of fish and wildlife issues. as well aoals and
policies regarding fish and wildlife habitat protection and management.
Rationale forproposed amendment: The cross reference to Chapter 11 — Environment
is intended to improve coordination of chapters by indicating that additional fish and
wildlife related goals, policies and information are located within another section of the
Plan.
GOAL 2M: Protect and encourage restoration of habitat for fish and wildlife
populations.
Policy 2M -1: Ensure that new land uses do not degrade habitat of threatened and
endangered species.
Policy 2M -2: Ensure that existing land uses do not cause further degradation of habitat for
threatened and endangered species.
Policy 2M -3: Develop educational tools and incentives to encourage existing land uses to
restore degraded habitat to properly functioning conditions, especially for
threatened and endangered species.
Policy 2M -4: Place a note on all permits issued by the County for clearing or development
activity within '/4 mile of the documented habitat of threatened or endangered
species, as shown on the county fish Distribution Map, alerting the property
owner to the presence of these species.
Policy 2M -5: Require subdivisions and short
plats to
be designated in a manner to
protect
fish habitat and water quality
when a
fish bearing stream or river
passes
through the site.
Whatcom County Comprehensive Plan
2 -15
Pages 16 -64 relate to Urban Growth Areas
and will be reviewed at a later date.
2003 Update Chapter Two - Land Use
RURAL LANDS - INTRODUCTION
Purpose
The purpose of the Rural Lands section is to provide direction for land use decisions in the
rural areas of Whatcom County.
Process
The issues, goals, policies, and action plans of the Rural Lands section were derived from the
public input gathered and synthesized by the Whatcom County: The Next Generations
Visioning Committee.
GMA Requirements
The state Growth Management Act requires counties to include a Rural element in their
comprehensive plan in accordance with Section RCW 36.70A.070. GMA defines rural lands
as those that are located outside urban growth areas and which do not include designated
agriculture, forestry, or mineral resource lands of long -term commercial significance.
Agriculture, forestry and mineral resource lands are addressed separately in Chapter 8:
Resource Lands.
RURAL LANDS - BACKGROUND SUMMARY
Maintaining the rural character and lifestyle is very important to Whatcom County residents.
Typical uses in the rural areas include a mixture of low- density residential, pasture,
agriculture, woodlots, home occupations, and cottage industries. The distribution of rural land
use is adjacent to agricultural, forestry, and urban land uses and often provides a buffer
between urban areas and commercial agriculture and forestry uses.
The population growth for Whatcom County 4y- the -year from 2000 to 2022 29-5 is projected
to be ¢Q 1 $ 72,066 for a total 2022 population of 21 220,366, This represents an
increase of approximately 4 ! 15,509 people in the areas of Whatcom County that are
currently unincorporated and outside of permanent instuding UGAs. In a study of the potential
subdividable land in the areas of the County zoned Rural one dwelling /five acres (R5A)
it was found that out of 85588
48,086 acres inventoried, about 2/3 6" of the acreage was pareels -were in parcels 10 acres
or larger in 2002 n ^ wed. This finding indicates that
there is a potential for future land divisions in the rural portions of the county under current
zoning regulations. Conceivably, the rural landscape could look different in the future if the
current rural zoning is retained.
People in Whatcom County, through the Visioning Process, defined rural character as a
variety of low densities, open spaces, privacy, peace and quiet with less traffic noise and
congestion than found in urban areas. Retaining a sense of community and maintaining local
control in land use decisions were also components of rural identity.
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2003 Update Chapter Two - Land Use
RURAL LANDS - ISSUES, GOALS, AND POLICIES
Rural Character and Lifestyle
County residents describe rural character and lifestyle as open space, quiet areas /privacy,
largely agricultural and forestry orientation, peacefulness, sense of community, low- density
population, less noise and congestion than found in urban areas, natural landscape, and
greater self- determination of property use. With a rapidly increasing population in Whatcom
County, maintaining the rural lifestyle currently enjoyed by county residents becomes more
challenging. County residents generally believe that the current zoning and land use patterns
of one or more houses per acre may not maintain the rural character of Whatcom County.
One way of preserving rural lifestyle is allowing flexibility in design of subdivisions. One
method is to enable and encourage cluster development. Another is to allow density transfers
between parcels in rural areas and from rural areas to Urban Growth Areas. Both methods
provide economic flexibility to the individual property owner, promote economical lot design,
conserve natural resources and environmentally fragile areas, retain future options with
respect to land use decisions, and maintain the low density "rural' character of the area.
In addition, residents indicated that 45 59 years from today they would like to see 75% to
90% of the land (excluding National Forest and National Park land) in Whatcom County
zoned for use as rural, forestry, and agriculture lands. Currently, over 92% of the land in
unincorporated Whatcom County is zoned rural, forestry or agriculture oF^°,??'� t --zei; Ag
GOAL 2CC: Retain the rural character and lifestyle of Whatcom County.
Policy 2CC -1: Concentrate growth in urban areas. In areas where existing
development patterns do not already prohibit it, draw a distinction
between urban /rural uses to prevent urban sprawl.
Policy 2CC -2: Adopt mandatory and incentive programs, such as purchase of
development rights, transfer of development rights, GIH6t,,,w,�..usenuseC
and tax deferrals, to achieve desired land use policies in rural areas and
in areas where there are compelling reasons to do so, and allocate
sufficient resources to achieve the desired outcome.
Rationale for proposed amendments: (1) The modification would recognize the new
purchase of development right program that the County is now undertaking. (2)
Density bonuses should be encouraged in urban growth areas, where higher density
development is intended, but not in rural areas.
Policy 2CC -3: Provide landowners with incentives and options to develop their
property at densities that may be less than the underlying zone.
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2003 Update Chapter Two - Land Use
Policy 2CC-4: Support cluster housing in rural subdivisions.
Policy 2CC -5: Use an "Agricultureal Protection Overlay Zone" designation in certain
Rural zoned areas as a way to help achieve the goal of conserving and
enhancing Whatcom County's agricultural land base.
Rationale for proposed amendment Making the terminology consistent with the
zoning ordinance (WCC 20.38).
Policy 2CC -6: In the "Agricultureal Protection Overlay Zone" on parcels 20 acres and
larger with Rural 5 acre and Rural 10 acre zoning, require non -
agriculturally related development to be clustered on a maximum of 25
20- or- Lip -te -30 percent of the available land with the remainder available
for open space and agricultural uses. Development standards shall
provide flexibility to achieve development potential in cases of natural
limitations.
Rationale for proposed amendment: This change would bring consistency between
the comprehensive plan and the zoning requirements of WCC 20.38.060.
Policy 2CC -7: Discourage new, fully- contained communities outside designated urban
growth areas.
Policy 2CC -8: Encourage property owners to conserve forested areas, agricultural
land, and open space by utilizing current -use taxation provisions (RCW
84.34).
Policy 2CC -9: Conserve open space, park land, and green links for recreational use,
as well as to protect essential habitat such as riparian areas and
wetlands.
Policy 2CC -10: Rezones from one dwelling unit per ten acre (R10A) zoning districts to
one dwelling per five acre (R5A) zoning districts should be discouraged
Rationale for proposed amendment: The purpose of the Rural designation allows two,
five or ten acre zoning, but encourages ten acre zoning. However, since adoption of
the Comprehensive Plan in 1997, approximately 650 acres have been rezoned from
R10A to RSA. As of March 2003, there were 85,588 acres of R5A zoning and 27,572
acres of R10A zoning. The above amendment is intended to retain rural character,
maintain a variety of densities in rural areas (as required by the GMA), and better
implement the policy of encouraging 10 acre development.
Rural Services
People often
choose to live in rural
areas because they want to
be more self - reliant and
farther away
from population centers, and often do not need or want many of the services
provided in
urban areas. Services
provided to rural residents
include law enforcement
Whatcom County Comprehensive Plan
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2003 Update Chapter Two - Land Use
protection, volunteer fire protection, and emergency services. County roads are maintained
by the county and public transit services are minimal.
Usually the property owner or developer is responsible for providing water and sewage
disposal seweF. Most of the residential development in rural areas uses individual on -site
septic systems. A growing concern is that as the rural areas become more populated,
groundwater and surface water quality may diminish. Because one of the contributors to
groundwater contamination is failing septic systems, proper installation and maintenance
becomes very important.
GOAL 2DD: Ensure that rural areas are provided with services consistent with
the rural character and that development patterns do not
encourage an increased service level or degrade water quality.
Policy 2DD -1: Recognize domestic water systems volunteer fire protection,
emergency services, aad law enforcement protection, transportation,
public transit services and public utilities typically associated with rural
development as appropriate services in designated rural areas. Rural
services do not include storm or sanitary sewers.
Rationale for proposed amendment: This change would bring the County's definition
of rural services more in line with the GMA definition (RCW 36.70A.030(16)).
Policy 2DD -2: Allow development in rural areas only when urban services are not
required.
Policy 2DD -3: Ensure that adequate on -site wells and on -site sewage waste -water
disposal systems are properly installed, monitored, and maintained.
Rationale for proposed amendment: This would provide more descriptive language
that is utilized in the Health Code for Whatcom County (WCC 24.05).
Policy 2DD -4: Discourage urban levels of water and sewer service extensions or
expansions to serve development outside of Urban Growth Areas, Small
Towns, and Resort/Recreational Subdivisions, and the Gateway
Industrial Transportation Corridor,
A Fnenta except in those limited circumstances
shown to be necessary to protect basic public health public safety, and
the environment and when such services are financially supportable at
rural densities and do not permit urban development.
Rationale for proposed amendment: This change would bring greater consistency with
the provisions of the Growth Management Act (RCW 36.70A. 110(4)) for extension of
urban services to rural areas.
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2003 Update Chapter Two - Land Use
Policy 2DD -5: Promote better land use practices and protect water quality by
encouraging landowners and developers to investigate and implement
innovative subdivision, septic system designs, and stormwater
management.
Rural Employment Opportunities
Many residents in rural Whatcom County depend on cottage industries, home occupations,
small businesses, and natural resource -based jobs for their livelihood. These types of
businesses support the local economy and are compatible with the rural lifestyle desired by
county residents.
Light industry is another important contributor to the local economy. Currently, most light
industry is located along Guide Meridian, along the Interstate -5 corridor, or in urban areas.
Expanding light industry in other parts of the county would generate revenue for local school
districts and increase the tax base. Results from the Visioning Process encourage the
establishment of a Business /Light Industrial Park or Rural Industrial areas in the eastern part
of the county where appropriate as long as the industry does not negatively impact
surrounding uses or the environment and /or degrade water quality. The intent is to provide
job opportunities close to unincorporated urban orowth areas and small towns
GOAL 2EE:
Provide employment opportunities in the rural parts of Whatcom
County.
Policy 2EE -1:
Support small businesses, cottage industries, home occupations,
resource -based and other appropriate light industry in the rural areas of
Whatcom County.
Policy 2EE -2:
Support neighborhood commercial businesses in Small Towns
throughout Whatcom County.
Policy 2EE -3:
Limit strip development and the size and number of Crossroads
Commercial businesses to avoid traffic problems.
Policy 2EE -4:
Support resource -based industries that require only rural services,
conserve the natural resource land base, and help maintain the rural
character and lifestyle of the community. Locate the resource -based
industries near small towns or crossroads communities. €er Resource -
based industries with
up to fifty employees may be approved
by conditional use, Provided that the industry processes agricultural or
forestry products that are predominantly locally grown. Assure adequate
facilities, mitigation and buffers through development regulations.
Whatcom County Comprehensive Plan
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2003 Update Chapter Two - Land Use
Rationale for proposed amendment:
(1) ADMINISTRATIVE APPROVAL - The new cottage industry regulations that were
adopted in 2001 (Ord. 2001 -012) allow cottage industries with no more than two
employees, other than family members, with an administrative approval use (WCC
20.36.135). The Growth Management Act requires consistency between the
Comprehensive Plan and zoning code (RCW 36.70A.040). Therefore, either the Comp
Plan policy allowing 10 employees should be deleted OR the zoning code provisions
should be changed to allow 10 employees for resource based industries in rural areas.
(2) CONDITIONAL USE - The Official Whatcom County Zoning Ordinance (Title 20)
allows small -scale commercial processing of agricultural and forestry products as a
conditional use in the Rural zone (WCC 20.36.162). The above amendment would
clarify that up to 50 employees could work for such a resource -based industry in a
rural area. However, conditional use permits for other types of industries would be
limited to four employees, other than family members, under the cottage industry
provisions of the Rural zone (WCC 20.36.161).
Policy 2EE -5: Retain existing touristiresortismall town commercial designations
throughout Whatcom County.
Rationale for proposed amendment: Small Town Commercial zoning was adopted in
1999 (Ord. 99 -012). The purpose of this zoning designation is to provide limited land
areas for a broad range of commercial uses to serve the surrounding rural areas, as
well as provide for limited light industrial uses for rural employment opportunities.
Policy 2EE -6: Ensure that business operations do not adversely impact neighbors,
compromise water quality and quantity, or infringe on productive
agricultural and forest land.
Rationale for proposed amendment: Non - conforming uses that are "grandfathered"
under previous regulations should be treated the same regardless of which subarea
they are located in. Developing preferential criteria for one subarea when compared to
another subarea would raise questions of basic fairness in the way these uses are
treated.
Lummi Island
Whatcom County includes four islands within its exterior boundaries. Chuckanut Island is a
small island which is a nature preserve, Portage Island is under Lummi Nation jurisdiction;
however, Lummi Island and Eliza Island have resident populations.
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2003 Update Chapter Two - Land Use
Lummi Island, which is 8.8 square miles and served by a ferry from the mainland, has had an
adopted land use plan since 1979. Approximately half of the island is a steep lowland mountain
that which is planned and zoned for forestry uses. The other half is rolling lowland area that whish
has been designated for low density residential development varying from one unit per three
acres to one unit per five acres depending on location relative to an aquifer. The general results
from the Visioning Process reflected a desire for Lummi Island to maintain its present planning,
but to have better enforcement of the zoning regulations. Open spaces and thoughtful
development of the land were important to them in the context of the existing rural zoning.
Adoption of an updated Lummi Island Subarea Plan is anticipated by 2004
Goal 2FF: Recognize Lummi Island as a unique area that does not readily fit
within the urban - rural categorization.
Policy 2FF -1: Consider the possibility of including crossroads commercial services for
Lummi Island.
Policy 2FF -2: Encourage cluster housing and other innovative development
techniques on Lummi Island.
Policy 2FF -3: Encourage provision of transit service to Lummi Island.
Small Towns and Crossroads Communities
Whatcom County has several unincorporated areas that which can be characterized as
crossroads communities and small towns. Population ranges from a few houses or just a
store, to self- contained communities of a few hundred people. These communities grew up
serving the agricultural and timber industries providing necessary goods and services. Today
the areas are characterized by grocery, fuel, food service, churches, some lodging,
community halls and service facilities. Schools and fire stations often are located in these
areas or nearby. In addition to serving the agricultural and timber community, some of these
areas have taken on a new role, that of serving the tens of thousands to hundreds of
thousands of tourists which visit Mount Baker and the foothills for both winter and summer
recreation.
Northeastern Towns
Glacier and Maple Falls are the closest towns to Mount Baker. The communities are within
the greater Vancouver, B.C. recreation area and serve a regional local population of more
than 1.5 million Canadian residents as well as Whatcom County and out -of -area tourists to
the Mount Baker recreation area. Increasing tourist activities have increased the demand for
additional food, fuel and tourist services in the northern small towns, including restaurants,
motels and rental housing. This increased demand is expected to continue. Thus the
northeastern towns provide vital support for the tourist industry which is a significant part of
the County economy. The towns, existing and planned, also serve the needs of several
existing recreational plats located at or near the entrance to the National Forest. Small towns
in this area typically occupy an area of about a quarter mile, and are generally constrained by
physical limitations. For example. Glacier is built in a flood. landslide, alluvial fan, and
volcanic hazard zone
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2003 Update Chapter Two - Land Use
Water supply for both potable water and fire flow is available (either presently or can be
obtained, e.g. transfer of rights). Further, at the limited scale envisioned for small towns,
sewer can be accommodated through on -site facilities or local districts. Roads would not be
significantly impacted by the limited intensification or infill expansons contemplated, as the
towns services are -te serve and accommodate the already growing recreational visitor traffic,
and capture the pass -by traffic and reduce the need to travel into the National Forest and
then travel back out to a larger community to find food, fuel and overnight accommodations.
A "Sun Mountain Lodge" or "Skamania Lodge" type and scale resort at or near the small
towns would aid the economic stability of the area. Most of the dollars brought into the area
are from Canada and outside Whatcom County. The impact ^^ sGheels of such growth on
schools would be negligible due to the limited permanent population of school age children
and the added assessed value would serve to replace dollars lost due to the reduction in the
timber industry activity which is expected to be long term. The Glacier and Maple Falls
boundaries have been sized to reflect existing development.
Located on the North Cascade Highway and surrounded by National Park, Newhalem and
Diablo are essentially company towns owned by Seattle City Light as support facilities for
their hydropower plants in the North Cascades. Permanent planning and zoning designations
have been were- resent! established for these areas which reflected the existing land uses
and provided for the future needs of Seattle City Light. The population is minimal, stable and
totally comprised of Seattle City Light employees.
The Central Communities
Acme and Deming have historically served both agricultural and timber industries in the
eastern portion of the county and continue to do so. Both also support the growing tourist
industry as they are at the access of the southern foothills of the Cascades in the County and
see tourist activity both winter and summer. By some accounts, tourist activity can be double
the base activity for local businesses. The boundaries of both Acme and Deming have been
sized based on the areas characterized by existing development and logical extensions of the
present service areas. As with the small towns farther east, adequate water supplies and fire
service are available or obtainable and on -site sewer can support the limited infill and
intensification expansion contemplated. Ability to serve requirements will assure that facilities
and utilities are available to serve proposed new development. Deming appears particularly
suited to the type of small -scale rural industrial development contemplated by the County's
recommended new rural industrial use provisions. Deming is located in a flood plain, and
Rationale for proposed amendment The proposed amendments in the "Northeastern
Towns" and "Central Communities" sections regarding limited infill and intensification
are intended to reflect the 1997 amendments to the GMA. These amendments
regulate the designation and expansion of "limited areas of more intense rural
development" (RCW 36.70A. 070(5)(d)).
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2003 Update Chapter Two - Land Use
Western Towns
Custer is a small unincorporated population center, formed at a major crossroads along a
main railroad line early in the county's history. Custer has retained a small town character
and a certain visual charm because of its older, dense, commercial center, and has legal
status as a "Town" under state law. As with the small towns farther east, adequate water
supplies and fire service are available or obtainable and on -site sewer can support the limited
expansion contemplated. Ability to serve requirements will assure that facilities and utilities
are available to serve proposed new development.
Goal 2GG:
Ensure the economic viability of small towns in rural areas for their
importance in serving surrounding rural lands as well as tourist
activity.
Policy 2GG -1:
Identify the communities of Glacier, Maple Falls, Custer, Deming, and
Acme as Small Towns with commercial centers catering to local
residents and tourists.
Policy 2GG -2:
Designate approximate town boundaries based on the areas
characterized by existing development and logical extensions of the
present service areas.
Policy 2GG -3:
IR aRRual comprehensive plan FeVOW6,
FOquests `' expand ^''`' n" GgMmumity beundape Expansion of
Small Town designations should only be approved if appropriate in-
filling is occurring and a logical outer boundary can be established in
accordance with RCW 36.70A.070(51 rs^ ^�,.��,.�.-� ^� ^�^.
Rationale
for proposed amendment. Expansion of "limited areas of more intense rural
development" outside of a logical outer boundary is precluded under the 1997 rural
amendments to the GMA. If it can be demonstrated that the "logical outer boundary' of
"existing areas or uses of more intense rural development," per RCW 36.70A.070(5),
is located
outside the adopted Small Town boundary, expansion may be appropriate.
Policy 2GG -4:
Encourage development that promotes alternative modes of travel such
as walking, bicycling, and public transit.
Policy 2GG -5:
Encourage cottage industries, home occupations, light industry,
crossroads commercial, and other retail businesses in small towns.
Policy 2GG -6:
Work with Whatcom Transportation Authority (WTA) to develop bus
service connecting the small towns with employment and retail centers.
Policy 2GG -7:
Support the preservation of the historic character and cultural resources
listed in the National Register of Historic Places at Newhalem, Diablo,
and other Seattle City Light managed properties.
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2003 Update Chapter Two - Land Use
Policy 2GG -8: Retain existing zoning in small towns and allow in -fill subject to
adequate road capacity, water supply and sewer service or the ability to
utilize septic systems. Limit other services to rural service levels.
Crossroads Commercial
Crossroads commercial centers include Van Wyck, Pole Road Hinote's Corner, Nugent's
Corner, Q9064 Read, and others shown on the map. These areas provide necessary
goods and services to the surrounding rural areas. The commercial centers have been
designated to reflect existing facilities and logical service areas. Fire and water service
capability are the principle constraints on development and County development regulations
will require a certificate of service availability from the local fire district as a condition of
commercial development in the crossroads commercial centers. Adequate water for fire flow
is a component of adequate service.
Rationale for proposed amendment: (1) Hinote's Corner is the specific location of the
Crossroads Commercial designation on Pole Road. (2) There are no commercial
designations on Goodwin Road.
GOAL 2HH: Reflect the existing facilities and service areas in Crossroads
Commercial designations allowing some FOOM for expansion to
SSFA.98 the Reeds Of the MeR.
Policy 2HH -1: Require proof of adequate fire, water, sewer or septic, and road service
capability as a condition of commercial development in the Crossroads
Commercial centers.
Policy 2HH -2: Create and Locate Crossroads Commercial designations at existing
crossroads where commercial uses exist in accordance with RCW
36.70A.070(5).
Rationale for proposed amendment: Crossroads Commercial designations have
already been identified and designated on the Official Whatcom County
Comprehensive Plan map. Any new designations would have to meet the GMA
requirements for limited areas of more intense rural development.
Rationale for proposed amendment: Expansion of "limited areas of more intense rural
development" outside of a logical outer boundary is precluded under the 1997 rural
amendments to the GMA. If it can be demonstrated that the "logical outer boundary" of
"existing areas or uses of more intense rural development," per RCW 36.70A.070(5),
is located outside the adopted Crossroads Commercial boundary, expansion may be
appropriate.
Whatcom County Comprehensive Plan
2 -74
2003 Update Chapter Two - Land Use
r iLi7Stlll
- - u r' •r
r:
Resort and Recreational Subdivisions
Outside the urban growth areas of the county are several areas which were originally
developed as resort or recreational communities. The principal features of these sites are
existing plats or lots, often with substantial recreational development, but without the density,
population or services which would enable development as a city at this time. The
recreational subdivision designation has been applied to four main sub - regions of Whatcom
County; Point Roberts, Mount Baker Foothills, Eliza Island and the Lake Whatcom area.
Point Roberts
Point Roberts is a 4.9- square -mile peninsula extending south from lower British Columbia. A
comprehensive subarea plan was completed in 1990 and revised in 2001. While the zoning
in the 1990 Subarea plan reflected a largely platted and patchwork pattern, the 2001 revised
Subarea Plan served to bring consistency to the zoning classifications while focusing
commercial development into a Town Center located on Gulf Road.
While the Canadian influence is recognized throughout Whatcom County, the relationship is
particularly strong in Point Roberts where the economy and level of development activity are
driven by the strength of the British Columbia economy. Point Roberts had has a large day
visitor population estimate of between 10,000 to 15,000 in 2001. According to the Census,
there were 1,820 housing units in Point Roberts in 2000. Seasonal residents accounted for
approximately 70% of the population in 2000 (Whatcom County 2001 Point Roberts Subarea
Plan. p. 18). Of the total ..,.r..,ated 1,845 dweling nits n Pont Roberts n 1995 were occupied seasonally.
0
The Point Roberts Water District purchases its water from the Greater Vancouver Water
District (GVWD) and is limited to a maximum usage of 840.000 gallons per day. Based on
this limitation the Washington State Department of Health has approved up to 2,048 total
connections to the water system. In 2001, there were approximately 1,825 water connections,
leaving approximately 223 new connections available. It is estimated that the water district
The water district also
manages a community drain field
that which
serves
the Point
Roberts
Marina. With Much of
Point Roberts is served by on -site
sewage
systems;
however
if public
Whatcom County Comprehensive Plan
2 -75
2003 Update Chanter Two - Land Use
Marina. With Much of Point Roberts is served by on -site sewage systems: however if public
sewer service were available to, the resort and recreational
areas development potential is estimated at approximately 2.400 Over 259Q dwelling units,
accounting for vacant lots within previously platted land as well as the deVelOpFReRt peteR al
on approximately 615 undeveloped land asres.
Rationale for proposed amendments: (1) In light of the maximum g.p.d. threshold, the
number of existing water system connections, and recent hookup trends
(approximately 20 — 25 new connections per year over the last 9 years), 223 available
water connections may not adequately serve Point Roberts for the 20 -year planning
horizon. Based on current number and trends, it is estimated that the water district
may only have capacity for the next 9 to 10 years unless some allocation, system or
contract changes are made. (2) The 2001 Point Roberts Subarea Plan update
included associated Comprehensive Plan and zoning map amendments which
changed the total build -out scenario for areas designated as resort/recreational
subdivisions.
Mount Baker Recreational Region
Between 1968 and 1978, approximately 5000 second home sites, trailer lots or units were
platted or constructed within the Mount Baker Foothills region of Whatcom County. Rising
popularity of outdoor recreation, expanded public facilities and the five -hour round trip travel
time from Vancouver to the Mount Baker ski area fostered a market demand for overnight
lodging. With few resort or cabin units available prior to 1968, recreation subdivisions,
camper clubs and condominiums were developed to fill the demand. In addition, during this
period the British Columbia government placed a moratorium on the private purchase of B.C.
land for recreational use. This policy, combined with substantially lower land prices in
neighboring Whatcom County and crowded recreation facilities in Canada, persuaded many
Canadian citizens to buy land here for both recreation and investment.
A number of recreational subdivisions are located within the Mount Baker region, the Glen at
Maple Falls, Mount Baker Rim, Snowline, and Glacier Springs.
Snowline and Mount Baker Rim border the Mount Baker National Forest, just east of Glacier.
The subdivision of Snowline has approximately 300 lots on 68 329 acres. It has about 199
450 dwelling units occupied mostly for recreational use. Mount Baker Rim has approximately
520 lots, with at least 239 429 developed with cabins or manufactured homes. Remaining
lots are either vacant or used as sites for recreational vehicles. Snowline and Mount Baker
Rim are served with public water by Whatcom County Water District 14. There is no sewer
service and lots utilize individual or community septic systems.
Glacier Springs is located along Canyon Creek, a few miles west of the town of Glacier. It is
comprised of a 95 acre recreational subdivision with 285 lots of record, but presently with
about 52 developed lots veq- few -Gab iRe. It does not have sewer service but is served water
by the Glacier Springs Water Association. Permanent use of this subdivision is limited by the
presence of an alluvial fan arising from Canyon Creek.
Approximately one mile southwest of Maple Falls on Mount Baker Highway is the Glen at
Maple Falls, a resort community of 1,220 lots and used primarily for travel trailers mounted on
Whatcom County Comprehensive Plan
2 -76
2003 Update Chapter Two - Land Use
permanent foundations. The Glen at Maple Falls consists of a mix of year -round and
seasonal residents. The community is served by a private water association and relies on
individual or community septic systems.
Lake Whatcom Region
The Lake Whatcom Region includes Cain -and -Reed Cain's Lake and Glenhaven Lakes, two
a major subdivisions originally created primarily for recreational use around Cain and Reed
Lakes, and the Camp Firwood Bible Gamp.
Although the Cain- and -Reed Cain's Lake and Glenhaven Lakes subdivisions are located just
south of Lake Whatcom, they are actually within the Samish River drainage basin. In 1941,
the area around Cain Lake was subdivided into 131 lots. A series of Glenhaven Lakes
subdivisions were subsequently approved in the 1960s creating a total of 1,412 lots for the
entire area. Many of these lots have not been built upon. In 1990, there were 204 dwelling
units: however, there were but a permanGRt pepulatioR a only 333 permanent residents.
TheFe aFe pFeSeRtly In 2002, there were 628 318 houses b-i t ••''a ° atpF availcb,c fcr 410
houses. tetal lots. System iFnPF9%.'QFRARt9 1.1.9 11 increase th s tG 600 The Glenhaven Lakes Club
1�9Fty total
lets have
been f9F
septic Systems. At the present time the
Glenhaven
appFeved
plats are
not able
to develop at full
density due to terrain and natural physical
limitations
which will
provide a
significant limit on
overall growth and buildout.
including multiple water activities and a challenge course
Rationale for proposed amendments: (1) Cain and Reed Lakes are not subdivisions,
they are located within the Cain's Lake and Glenhaven Lakes subdivisions. (2) The
Health Department does not track the number of septic systems approved in the area.
(3) Camp Firwood was mentioned earlier, but there was no further discussion or
explanation of why the camp might be considered a resort/recreational subdivision.
Eliza Island
Eliza Island is located off the southeast corner of Lummi Island in Bellingham Bay. It
contains 3.1 miles of mostly pristine shoreline and 158 acres of upland. Most of the island
was platted in 1961 into 139 residential parcels and five community tracts, covering all of the
island except for a federal lighthouse reserve at the southern end. Approximately 84 55-60
cabins have been built, which are used mostly as weekend or summer get - aways. Private
camping also takes place on some of the undeveloped lots.
�,yAre�seaNy- -built water de-
salinization plant may- Raw allew provides a source of water for f, FthR future development of
existing lots. Access to the island is by private or chartered boat or planes. The 1,510 foot -
long airstrip is suitable for small propeller plane use eaFy during daylight hours. A subarea
plan and implementing zoning, receiving broad consensus from the community, was adopted
in May 1994.
Whatcom County Comprehensive Plan
2 -77
2003 Update
Chapter Two - Land Use
GOAL 2JJ:
Recognize the existing mixture of recreational and residential
development of resort and recreational subdivisions and ensure
that future growth can be serviced appropriately.
Policy 2JJ -1:
Require unplatted areas to obtain "ability to serve" letters from schools,
water and fire districts and demonstrate adequate road capacity in order
to receive county approval for new development. In addition, any new
building permits on existing lots must be able to demonstrate that the
water service is available to provide adequate water as a precondition to
the issuance of a permit.
Policy 2JJ -2:
Recognize the diversity of the different developments and the differing
goals of the residents while working with the community associations to
establish common ground.
Policy 2JJ -3:
Work with property owners within the developments around of Cain and
Reed Lakes to develop an alluvial fan hazard management plan.
Policy 2JJ -4:
Where appropriate, pursue voluntary density reduction through
incentives such as voluntary lot consolidation.
Rationale for proposed amendment: Expansion of "limited areas of more intense rural
development" outside of a logical outer boundary is precluded under the 1997 rural
amendments to the GMA. If it can be demonstrated that the "logical outer boundary" of
"existing areas or uses of more intense rural development," per RCW 36.70A. 070(5), is
located outside the adopted Resort & Recreational Subdivision boundary, expansion may
be appropriate.
Suburban Enclaves
The suburban enclaves are comprised of rural residential areas which are not urban or likely
to develop into urban areas during the planning period. These include Chuckanut, North
Bellingham, Lake Samish, and Fort Bellingham, as well as other small non - conforming areas
located throughout the county.
Chuckanut/North Bellingham
Chuckanut and North Bellingham both share a close proximity to urban areas and an historic
development pattern significantly below the four units per acre considered "characterized by
urban growth ". In both cases, the historic development patterns and parcelization are at
about one unit per acre. In the Chuckanut area, steep slopes provide significant limits to
future development, as do shoreline regulations. Schools, roads, water and fire service are or
can be made available to the present community and would not be unduly taxed if
development within the defined areas were to continue at the present and historic patterns.
Local communities, Bellingham for the Chuckanut area and Ferndale for North Bellingham,
have reviewed the potential for urban scale development and incorporation into the urban
Whatcom County Comprehensive Plan
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2003 Update Chapter Two - Land Use
growth boundary. In both cases the cities concluded that incorporation in the urban growth
areas was not appropriate.
Lake Samish
Lake Samish grew up as a recreational lake with many small lots used for summer cabins.
Over time the individual lots were sold and the area is developing a sizeable permanent
population. The lake is close to but not within the Bellingham Urban Growth Area. Rural
residential densities accurately reflect the existing parcelization along the lake and along the
road immediately adjacent to the lake. Within this pattern, approximately 68 49 percent of the
Samish enclave is already developed at more than one unit per acre densities. Portions of
wa. -r.. er- -ad StF at The
Samish Water District provides
sewer service to
the homes around the
lake and delivers [he
sewage to the City of Burlington
in Skagit County.
Because of concerns
drinking water problems, there has been is discussion of converting the district to a water and
sewer district. There are presently four tkxee small water associations in the area with the
majority of homes relying on withdrawals from the lake or private wells.
Rationale for proposed amendments: The Samish Water District provides sewer
service in the Lake Samish watershed. The new language is intended to further clarify
that potential water service is being discussed as a possible means to reduce potential
health hazards from drinking untreated or insufficiently treated surface water, rather
than because of "water problems" in general.
Fort Bellingham
Fort Bellingham is an area that lies on the bluff at the north end of Bellingham Bay, straddling
both sides of Marine Drive. Its western boundary is the Lummi Reservation and Nooksack Delta
area. Its northeast boundary is generally the Curtis Road /airport area and the Cliffside
neighborhood. It includes Smith Gardens, a major flower - growing operation; a generally
developed neighborhood on the bluff; a large underdeveloped area; an undeveloped lowland area
which is part of the Nooksack Delta, and the community of Marietta on Marine Drive. In 2002
there were approximately 306 dwellings within the 587 acre Suburban Enclave The 1990
Additional Areas
Additional areas have been included as Suburban Enclaves as depicted on Map 8. These areas
all share a common pattern of previously platted lots. Map designations have been made to
confine development within existing boundaries or zones.
Allowing in -fill of the enclaves would have a negligible impact on the
otherwise natural resource related land uses, and would result in the most efficient long term use
of these historically patterned areas.
Whatcom County Comprehensive Plan
2 -79
2003 Update Chapter Two - Land Use
The total acreage of Suburban Enclaves is approximately 1.6% of the non - federal land in
unincorporated Whatcom Count
GOAL 2LL: Identify suburban enclaves which are unlikely for inclusion in future
urban growth areas at this time.
Policy 2LL -1: Require new developments to provide 'letters of service" availability from
water, school and fire districts prior to final plat approval.
Policy 2LL -2: Confine development to existing zoning in suburban enclaves and allow in-
fill subject to adequate road capacity, water supply and sewer service or
the ability to utilize septic systems. Limit other services to rural service
levels.
Policy 2LL -3: Work with major landowners and neighbors in these areas to ensure any
future development is compatible with its surroundings and utilizes the land
in an efficient manner.
Policy 2LL-4: Minor expansion amendments to of Suburban Enclave designations
should only be approved if appropriate in- filling is occurring and a logical
outer boundary can be established in accordance with RCW
36.70A.070(5).
Rationale for proposed amendment: Expansion of "limited areas of more intense rural
development' outside of a logical outer boundary is precluded under the 1997 rural
amendments to the GMA. If it can be demonstrated that the "logical outer boundary" of
"existing areas or uses of more intense rural development," per RCW 36.70A. 070(5), is
located outside the adopted Suburban Enclave boundary, expansion may be appropriate.
Transportation Corridors
Gateway Industrial
The Gateway Industrial area is a transportation related corridor supporting transportation
related warehouse and other uses, some of which have located in an area between the rail
line and Interstate -5. The property is not used or suitable for resource use and is not
particularly suitable for residential development. The area is characterized by existing
development but lacks significant utility service to warrant an urban designation at this time.
Goal2MM: Maintain the existing development in the Gateway Industrial area
and confine further development to warehouse and
transportationtauto travel related activities.
Policy 2MM -1: Encourage local utility purveyors to serve the Gateway Industrial area
I rhAn te r' ,..rt�, ro .. ,,
oR PIPF..«...,.s.
Rationale for proposed amendment: In order to prevent irregular city boundaries, as
anticipated by RCW 36.93.180, and preserve the County tax base, the Gateway
Whatcom County Comprehensive Plan
2 -80
2003 Update Chapter Two - Land Use
Industrial area between ..
. .
Rationale for proposed amendment: In 1998, concurrency provisions were adopted
that require subdivisions, commercial developments and conditional uses to be served
by adequate public facilities (WCC 20.80.212). Although it may be arguable whether
these provisions apply to industrial land uses, the solution would be to amend WCC
20.80.212 to insert industrial uses, rather than creating another layer of regulations.
Policy2MM -23: Allow in -fill
in the Gateway Industrial area
subject to
adequate road
capacity,
water supply and sewer service or
the ability
to utilize septic
systems.
Limit other services to rural service
levels.
Guide Meridian
The Guide Meridian is unique for several reasons. North of the Bellingham urban rg owth
area, the Guide travels about 12 %: 33 miles, through Lynden, to the Canadian border. Truck
traffic increased at all Whatcom County border crossings from 1991 to 2001 As the Blaine
bender truck crossings becomes more and more overcrowded, with long waiting times eftea
m° '_ed n hn '^ d--ring peak t.�.A..e, the Guide is becoming a more and more
attractive truck crossing alternative. The t^ • h
The Washington State Department of Transportation is projecting international traffic loads
that which will warrant up to a five lane configuration within the 20 year planning horizon of
this plan (Washington State Highway System Plan 2003 -2022 Feb 2002 o K -9). For this
reason, the Guide Meridian is designated a "major transportation corridor'.
Rationale for proposed amendments: (1) The proposed changes update the language
to reflect new data for auto and truck crossings available from the Whatcom Council of
Governments. (2)The Whatcom Council of Governments recommended the new
language relating to potentially utilizing the Lynden- Aldergrove border crossing for
Whatcom County Comprehensive Plan
2 -81
2003 Update Chapter Two - Land Use
truck traffic. (3) A stronger Canadian dollar could increase auto border crossings at
some point, which may put more pressure on the Lynden- Aldergrove crossing for auto
traffic.
The designation is designed to alert the community to the proposed expansion and to guide
planning appropriately. County plans should limit direct access to the Guide and should call
for building setbacks that whish will permit the needed widening without destroying new
buildings. Acquisition of right -of -way for widenina..,orP thQR 'AAA' tFaff G would be through
appropriate state processes once the corridor studies are completed.
Presently, along the Guide, numerous commercial service establishments exist which provide
services to the surrounding countryside and to the traveling public. The areas are
characterized by existing commercial growth and a mix of urban and rural facilities. The
creation of water service areas to obtain commercial fire flow and development standards to
require the creation of frontage roads or co- located drives to reduce the direct access to the
Guide will reduce the potential for future conflict while permitting reasonable uses of existing
lots. In addition, the Guide Meridian Corridor is designed with a depth intended to permit a
substantial setback for all buildings (at least 100 feet from the present centerline) to permit
the state to conduct its corridor study and right -of -way acquisition without interference from
new buildings.
GOAL 2NN:
Designate Guide Meridian as a Major Transportation Corridor.
Policy 2NN -1:
Establish land use regulations within a transportation corridor 660 feet
on either side of the existing right -of -way to provide for arterial
connection, frontage road requirements, appropriate land uses and
super- setbacks to facilitate and promote through traffic along the Guide.
Policy 2NN -2:
Protect private property rights from right -of -way acquisition through just
compensation or other appropriate means.
Policy 2NN -3:
Limit levels of residential growth along the Guide except in community
urban areas where adequate public facilities are available. Identify
alternative land uses to reduce the potential for conflict with state and
international plans.
Policy 2NN-4:
Provide for a variety of land use alternatives with controlled access and
concentrated centers at or branching off from existing intersections.
Policy 2NN -5:
Between Hemmi Rd and W King Tut Rd between the Wiser Lake
area Neeksa& A goer and Lynden and from Lynden north to the limited
commercial area at the border, maintain the land -in existing agricultural
zoning designations use.
Rationale for
proposed amendment: From a transportation perspective, the existing
agriculture designations allow for low density land uses that minimize the need for new
access points
onto the Guide, thereby facilitating traffic flow. Additionally, some of the
designated Ag land between Hemmi Rd. and W. King Tut Rd. is within a purchase of
development
right (PDR) target area. The Ag zone south of Lynden extends to the
Whatcom County Comprehensive Plan
2 -82
2003 Update Chapter Two - Land Use
Wiser Lake area (it does not end at the Nooksack River). A portion of this Ag zone is
within the 100 -year flood plain. Therefore, these additional Ag zones along the Guide
should be added to Policy 2NN -5.
Policy 2NN -6: In cooperation
with the Washington State Department of Transportation
Rplan
for seaseNdation
-ef access management {9eiats
along the
length
of this
corridor
in order to maintain acceptable traffic
flow in
terms of
safety,
capacity,
and travel speed while still providing
an appropriate
level of access.
Rationale for proposed amendment: This modification was recommended by the
Washington State Department of Transportation (WSDOT) to reflect current
terminology and planning methods. The WSDOT has indicated.,
.. Studies have shown that the uncontrolled proliferation of driveways and
intersections along a given section of roadway reduces the average travel
speed, increases the number and severity of accidents, and inhibits bicycle and
pedestrian usage... An objective of access management is to establish
guidelines for the location and design of driveways providing access from
public streets and highways to development on abutting property. The greatest
level of access control is applied to roadways intended to serve the most
through traffic (i.e., freeways, highways, and major arterials) while little or no
access control is applied to local streets.
Policy 2NN -7: Consider additional industrial development if there is a demonstrated
community need ,o. - t he "eed- diGtat^° appropriate in- filling is occurring
and a logical outer boundary can be established in accordance with RCW
36.70A.070(5).
Policy 2NN -8: With citizen involvement, develop design criteria and appropriate uses
along the Guide Meridian corridor (300 feet on each side of the right -of-
way, excluding the road itself) that minimize impacts on local
communities.
Special Study Areas
Lake Whatcom
A number of studies have been done on the Lake Whatcom watershed. These studies
recognize the impact of development on the watershed but are inconclusive on the level of
development that which could occur or what the magnitude of the impact would be. However,
the general premise has been to err on the side of caution because Lake Whatcom is the
drinking water watershed for Bellingham and Water District 10, which, combined, serve
approximately one -half of the population in Whatcom County.
In November /December 1992, a joint resolution was passed by the Bellingham City Council,
Whatcom County Council, and Water District 10 Commissioners, which reaffirmed this
Whatcom County Comprehensive Plan
2 -83
2003 Update Chapter Two - Land Use
position with six general goal statements and a set of specific goal statements in various
categories. The specific goal statements for urbanization were the following:
• Prevent water quality degradation associated with development within the watershed.
• Review and recommend changes in zoning and development potential that are
compatible with a drinking -water reservoir environment.
• In addition to zoning identify and promote other actions to minimize potential for increased
development in the watershed (i.e. land trust, development rights, cost incentives, etc.).
• Develop specific standards which reduce the impacts of urbanization, such as minimal lot
clearing; clustered development to reduce infrastructure; collection and treatment of
stormwater before entering the lake.
• Develop appropriate interlocal agreements with governing agencies to prohibit the
potential for additional development once an agreed upon level is set.
adopted. instead, the fAnus hAR been MR YOR.fiRg far the GOFRPFeheRS ve plaR and aR update
of the- subaFea plan.
Rationale for proposed amendment., Interim Lake Whatcom watershed zoning was
adopted on June 18, 2002 in response to the Lake Whatcom watershed subdivision
moratorium and has been implemented independently of the Lake Whatcom Subarea
Plan update.
The joint resolution included goals for watershed management that extended beyond
urbanization. Goals were included for stormwater management, on -site waste systems,
conservation, forest management, spill response, hazardous materials transport and
handling, data /information management, education /public involvement, and other topics. A
joint strategy was agreed to for developing specific plans to meet the adopted goals. Eight
high priority goals were selected first and plans have been completed and jointly adopted for
6 nf 6 each of the goals.
Rationale for proposed amendment., Additional City, County, Water District 10
progress has been made on joint Lake Whatcom watershed management programs,
funding, coordination, etc. since the adoption of the 1997 Whatcom County
Comprehensive Plan.
The watershed contains four thFae urban areas: the City of Bellingham, which straddles the
upper portion of the northern -most basin of the lake; Geneva, which is immediately south and
Whatcom County Comprehensive Plan
2 -84
2003 Update Chapter Two - Land Use
east of Bellingham's city limits and is part of the city's urban growth area;
growth area; and the Sudden Valley provisional urban growth area,
the RM^" and °^^'^^' AnAl ^^^''^^ At th q Ahapter. In addition, it includes a variety of other
zones, including resource, rural, and suburban zones. Over 75 %7g% of the watershed is in
Forestry zoning and more than 73% 8" of the current land use is forestry.
Rationale for proposed amendment: A
portion
of the Hillsdale area
of the City of
Bellingham's UGA is also located within
the Lake
Whatcom watershed.
management stormwater, and water
M milli
OWN-
Rationale for proposed amendment: Recognizes the zoning changes adopted by the
County Council under Ordinance 2004 -001 for the Lake Whatcom Watershed.
Water and sewer service are provided by Water District 10. Capacity problems in the district's
sewer line, which serves Geneva and Sudden Valley, have caused overflows into the lake in
the past. An aggressive program to preclude stormwater infiltration has eliminated the
overflow problems to a large extent. b, it hAq not ^^ •^-"h^ tFaAsFR ^^' In
addition, the district has a contractually limited flow capacity to Bellingham wpish- preventsit
The Lake Louise Road sewage interceptor was
Rationale for proposed amendment: The proposed amendments reflect the recent
construction of the new Lake Louise Road sewer interceptor.
There are several pending subdivisions in the area which are being proposed at less than full
density but which will increase the overall development level outside of urban areas to a
significant degree.
Chapter 11:
Environment contains more
discussion
of Lake Whatcom issues and includes
additional goals
and policies related to
watershed
management stormwater, and water
quality.
Whatcom County Comprehensive Plan
2 -85
2003 Update Chapter Two - Land Use
Rationale
for proposed amendment: Cross referencing Chapter 11: Environment in
this section will provide more consistency and coordination between the chapters of
the Comprehensive Plan.
GOAL 2PP:
Prioritize the Lake Whatcom area in establishing incentives for
appropriate development. Provide sufficient funding and support
to be successful.
Policy 2PP -1:
Work with property owners to find acceptable development solutions at
lower overall densities than the present zoning allows.
Policy 2PP -2:
Develop a storm drainage utility district or other funding mechanism to
deal with the unique problems of development in a drinking water
watershed.
Policy 2PP -3:
Recognize that all users of Lake Whatcom water have an interest in the
resource and should share in the cost of its protection.
Policy 2PP -4:
Work cooperatively with the City and Water District 10 to identify,
review, and, as appropriate, recommend changes to existing monitoring
programs that will address the needs of the various jurisdictions. Place
a particular focus on the information needed to evaluate the impacts of
additional development in the watershed. Include an analysis of the
diversion from the Middle Fork of the Nooksack. Coordinate effort with
the Lake Whatcom Management Committee process.
Policy 2PP -5: Evaluate and pursue, as appropriate, the use of incentives to encourage
voluntary lot consolidation transfer or purchase of development rights
current use taxation and participation in open space conservation
programs.
Rationale for proposed amendment: These are additional density reduction programs
that are currently, or could be, implemented in the Lake Whatcom watershed.
Policy 2PP -6: Do not allow E'_,., Rate an density bonuse
within the Lake Whatcom
Watershed.
Rationale for proposed amendment: UR -MX zoning includes density bonus provisions
but is not located within the Lake Whatcom watershed. The PUD density bonus
provision is proposed to be stricken within the Lake Whatcom watershed in a
proposed zoning text amendment (File ZON2002- 00004) currently being considered
by County Council. It is anticipated that the Council will act on the proposed text
amendments in May 2003.
necessary.
Whatcom County Comprehensive Plan
2 -86
2003 Update Chapter Two - Land Use
Rationale for proposed amendment: This new policy reflects joint Lake Whatcom
management efforts and is intended to provide support for evaluating the progress of
management options, as well as determining need for additional or alternative options.
Rationale for proposed amendment: The proposed language is intended to reflect
Lake Whatcom Management Program goals and objectives, as well as to provide
direction for the update and revision of watershed management regulations as
necessary.
Private Parcels Surrounded by National Park or National Forest
There are a number of private parcels in Whatcom County which are completely surrounded
by National Forest and National Park land. Some of these have houses built on them,
primarily for seasonal use, but most represent mining patents and are used, or have been
used, only for mining. The majority of these parcels are located in the Mt. Baker area or the
Slate Creek area near the eastern border of the county with their access primarily by Forest
Service roads.
When interim zoning was established for Whatcom County in 1972, these parcels along with
a majority of the rest of the county were zoned general protection (GP). This zoning alloweds
single - family houses on one acre lots and a multitude of other uses mostly subject to the
conditional use process. Title 20 zoning has been adopted for the exclave areas As -iiaal
Rationale for proposed amendment: Permanent zoning (Title 20) was adopted for the
exclaves under ordinance 99 -013.
GOAL 2QQ: Continue to recognize private parcels surrounded by National Park
or National Forest as part of Whatcom County's jurisdiction.
surrounded by federal lands and at 11 under���.
Rationale for proposed amendment. Comprehensive Plan designations and permanent
(Title 20) zoning designations were adopted for the exclaves under ordinance 99 -013.
Policy 2QQ -12: Increase the potential for land exchanges, and other voluntary
mechanisms, in order to reduce the checkerboard ownership and
jurisdictional patterns within eastern Whatcom County.
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2003 Update Chapter Two - Land Use
Subdivisions on the Lummi Reservation
There are at least 2,086 parcels on the Lummi Reservation, many of which are owned by
non - Indians. As Federal policy has changed and tribal lands have been allowed to be
removed from trust to fee status, state and county regulations have become applicable. The
County has made efforts to work closely with local tribes on land use directions. The
requirements of Growth Management cannot be applicable to reservation trust lands, even
when a checkerboard pattern has developed. It is the full intent of this County, when possible,
to continue working cooperatively with area tribes on land use,a watershed planning utility
Planning and the coordinated waters stem plan and enaftma^• of
land. Most platted areas have sewer, which is provided by the Lummi Sewer District.
Rationale for proposed amendment: Permanent zoning (Title 20) was adopted for the
Lummi Reservation under ordinance 99 -008.
GOAL 2RR: Seek reulutlons that satisfy ^ m ^ be!ween the requirements
of Growth Management, the needs of the non - tribal residents and
the goals of the Lummi Nation.
Policy 2RR -1: Recognize subdivided areas on the Lummi Reservation as limited areas
of more intense rural development if they meet the criteria of RCW
36.70A.070(51 uFban but Rat ^-^ th aFeas.
Rationale for proposed amendment: Under the GMA, urban land uses are not
appropriate in rural areas (see RCW 36.70A.070(5) and. 110(l)). However, the GMA
acknowledges that there are intensely developed rural areas, and these areas can be
recognized by a County's comprehensive plan (RCW 36.70A.070(5)).
Pokey 2RR o.
possible.
Rationale for proposed amendment: Permanent zoning (Title 20) was adopted for the
Reservation under ordinance 99 -008.
residents Policy 2RR-23: Work with the
water and sewer the Lummi Nation to establish adequate
.• existing -d
ordinance Rationale for proposed amendment Permanent zoning (Title 20) was adopted for the
Reservation under r0:
Policy 2RR -35: Whatcom County will administer land use policy on fee lands and
prohibit discriminatory land use practices.
Whatcom County Comprehensive Plan
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2003 Update Chapter Two - Land Use
COMPREHENSIVE PLAN DESIGNATIONS MAP
The Comprehensive Plan designations map (Map 8) is intended to provide direction for
future land use decisions in Whatcom County. It is w411- be officially adopted as part of this
document. Because of the scale of the map, specific boundaries are w 1 be identified on
in maps in the County Planning and Development Services office sabareaplans.
Comprehensive Plan Designation Descriptors
These descriptors are intended to be general in nature. More specific criteria and
explanation will be incorporated into subarea plans.
Title: Urban Growth Areas
Purpose: To denote where future urban growth may occur.
Definition: Areas characterized by urban growth that have existing public facility
and service capacities; areas characterized by urban growth that may
be served with urban services in the future; and lands adjacent to areas
characterized by urban growth.
Locational First urban growth may be located on lands characterized by urban
Criteria: growth that have existing public facility and service capacities; next
urban growth may be located on lands characterized by urban growth
that may be served with urban services in the future; and finally urban
growth may be located on lands adjacent to areas characterized by
urban growth.
Title: Major Industrial Area / Port Industrial - Urban Growth Areas
Purpose: To reserve appropriate areas to attract heavy industrial manufacturing
uses and provide employment opportunities while minimizing land use
conflicts and off -site impacts.
Definition: Land area for large -scale heavy industry that has a high impact on the
surrounding neighborhood and environment.
Locational Industry should be located in areas adequate for its use away from
Criteria: residential centers, but within reasonable commuting distance; near
transportation facilities and services.
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2003 Update Chapter Two - Land Use
Title: Small Towns - Rural
Purpose: To acknowledge locations remote from urban centers that whigh support
the local economy by providing goods and services to residents and
tourists.
Definition: Small communities with mixed tourist commercial, residential, resort, or
public land uses.
Locational Existing small community or resort centers with adequate services,
Criteria: including water and sewer which can be cost - effectively provided; near
existing transportation routes; characterized by commercial uses and
higher densities than surrounding rural areas.
Title: Crossroads Commercial - Rural
Purpose: To provide commonly desired goods and services near unincorporated
or small population centers.
Definition: Small concentrations of businesses meeting local area service needs.
Such uses as gas stations, neighborhood general stores, and
restaurants would be included.
Locational Central to rural populations; commercial areas should be located near
Criteria: arterial routes and fulfill a need for goods and services in that area.
Title: Resort and Recreational Subdivisions - Rural
Purpose: Recognize the existing mixture of recreational and residential
development of resort and recreational subdivisions and ensure that
future growth can be serviced appropriately.
Definition: Resort and Recreational Subdivisions are large subdivisions originally
created to primarily serve recreational or resort land uses and that
continue to attract and maintain such uses.
Locational Existing large scale recreational subdivisions.
Criteria:
Title: Suburban Enclaves - Rural
Purpose: To ensure efficient land use by allowing in -fill at suburban densities in
areas already characterized by such development.
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2003 Update Chapter Two - Land Use
Definition: The suburban enclaves are comprised of rural residential areas that
which are not urban or likely to develop into urban areas during the
planning period.
Locational Areas characterized by development at densities averaging one unit per
Criteria: acre and served or partially served by public roads, sewer or water, of
other public services or facilities.
Title: Transportation Corridors - Rural
Purpose: This designation is designed to alert the community to proposed
transportation corridor related expansion and to guide developments
appropriately.
Definition: Transportation Corridors are areas in demand for transportation related
services and improvements where planning is underway or is
anticipated.
Locational Land not used or suitable for natural FOSOUFGe use a residential
Criteria: development. Areas characterized by existing transportation - related
development but lacking significant utility service to warrant an urban
designation at this time.
Rationale for proposed amendment: Some Transportation Corridor areas are being
used for productive agriculture (i.e. in the Lynden area).
Title: Rural - Rural
Purpose: To provide opportunity for a variety of low- density residential
development including cluster development with the flexibility to practice
farming or forestry, or operate a home occupation or cottage industry; to
retain a sense of community. Also to encourage agriculture and forestry
activities through the use of incentives.
Definition: Allows one dwelling unit per two, five, or ten acres, but encouraging ten
acre development; with less traffic noise and congestion than in urban
areas; low- density population; open space; privacy; largely forestry and
agriculture oriented; rural level of services.
Locational Low residential density; areas with physical environmental constraints;
Criteria: areas characterized by full and part-time forestry and agriculture, but not
designated as commercial resource lands. One unit per two acre zoning
is limited to previously developed areas or as in -fill development only.
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2003 Update Chapter Two -Land Use
Title: Agriculture - Resource Lands
Purpose: To recognize and promote agriculture in Whatcom County and protect
prime agricultural soils and productive agricultural lands from
conversion to other uses. To prevent conflicts between residential and
agricultural uses.
Definition: Commercial agriculture lands located on parcels 40 acres or larger, with
one dwelling unit per 40 acres allowed.
Locational Soils identified as prime agricultural soils; large parcels; existing
Criteria: commercial agricultural uses.
Title: Rural Forestry - Resource Lands
Purpose: To provide flexibility in use, enabling the landowner to live on the land
and practice forestry and forestry- related industry.
Definition: Lands used primarily for growing trees with some low- density residential
development.
Locational Lands useful for growing trees for commercial timber production;
Criteria: usually located within public service districts; accessed by private roads
built to Whatcom County development standards or public roads; low -
density residential development; land parcels generally 20 acres or
greater in size; property often in tax deferred status.
Title: Commercial Forestry - Resource Lands
Purpose: To provide land base for commercial forestry activities and provide
predictability of future land use to forest land owners.
Definition: Land primarily devoted to commercial timber production.
Locational Land primarily devoted to growing trees for long -term commercial
Criteria: timber production; located outside public service districts such as fire
and water; accessed by private or state forest roads; parcels generally
40 acres or larger in size; land in tax deferred status.
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2003 Update Chapter Two - Land Use
Title: Mineral Resource Lands - Resource Lands
Purpose: To ensure a long -term supply of mineral resources and provide
predictability in land use.
Definition: Lands of long -term commercial significance for the extraction of
minerals.
Locational Proven mineral resources of long -term commercial significance,
Criteria: low density rural areas, designated Agricultural lands generally with
Non -Prime Farmland Soils and when demonstrated to be of higher
value as a mineral resource than as an agricultural resource; and
designated Forestry lands of higher value as a mineral resource than as
forestry resource.
Title: Public Recreation
Purpose: To provide the public with open space and recreational opportunities; to
protect conservation areas.
Definition: Areas with unique scenic or recreational amenities.
Locational Parcels owned or managed by public or private agencies for
Criteria: recreational or conservation use.
Title: Special Study Areas
Purpose: To indicate areas where regional planning efforts are a high priority and
necessary in order to address important local issues in greater detail.
Definition: Includes the Lake Whatcom Watershed and certain areas within the
Lummi Reservation.
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2003 Update Chapter Two - Land Use
OPEN SPACE - INTRODUCTION
Cascade peaks, forested mountains, the Nooksack drainage, farmlands, riparian corridors,
lakes, shorelines and islands contain the natural beauty and character of Whatcom County's
landscape. This setting contributes greatly to the quality of life enjoyed by county residents
who value its elements of environmental quality, scenic beauty and recreational opportunities.
Whether thought of as broadly as a mountain range and the marine waters of the Strait of
Georgia, or as narrowly as a small corridor between two buildings in a Small Town, open
spaces are essential components to the health and well -being of individuals and
communities.
Purpose
This section, in keeping with the Growth Management Act, serves to identify and designate
open spaces and open space corridors, and encourage their retention.
Process
This section was originally drafted by Whatcom County Planning Division staff. Whatcom
County and volunteer citizens' committees have already defined and identified many of the
county's unique and important natural areas, open spaces and corridors, and scenic and
natural resource lands. Many of these lands are included in Whatcom County's
Comprehensive Park and Recreation Open Space Plan (1989) and in Preserving a Way of
Life: A Natural Heritage Plan for Whatcom County (1991). The plans recommend priority
lands to include in the county's general open space system. Staff reviewed and incorporated
existing policies and recommendations from these documents as well as others such as
county subarea plans, Whatcom County Open Space Policies (1986 Policies, Criteria and
Public Benefit Rating System), and County -Wide Planning Policies (1993). These were
excerpted when consistent with the GMA and tailored to information gathered through the
Visioning Process. The first draft was then reviewed by the Coordinating Committee for
consistency with other elements of the draft Whatcom County Comprehensive Plan and re-
drafted.
GMA Requirements
The GMA requires Whatcom County to designate the general location of open space lands,
and to "encourage the retention of open space and development of recreational opportunities,
conserve fish and wildlife habitat, increase access to natural resource lands and water, and
develop parks" (GMA Planning Goal, RCW 36.70A.020 (9)). Map 9 shows the distribution of
lands currently enrolled under Whatcom County's open space taxation program (see below).
The act also has a requirement to identify open space corridors within and between urban
growth areas to include "...lands useful for recreation, wildlife habitat, trails, and connection of
critical areas..." (RCW 36.70A.160). This law authorizes the public purchase of such
corridors.
Map 10 shows proposed Open Space Corridors for Whatcom County.
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2003 Update Chapter Tyro - Land Use
Whatcom County contains many public open space lands such as county and state parks
and state and national forest lands. Whatcom County Parks and Recreation Department
maintains 32 park sites totaling over 4,000 acres. The Washington State Parks Department
operates more than 3,000 acres of state parks. The Washington State Department of Natural
Resources manages over 90,000 acres of state forest land in Whatcom County, including two
Natural Resource Conservation Areas. These forest lands are generally open to the public for
recreational uses, except for seasonal and some special use restrictions. The US Forest
Service and the North Cascades National Park manage over 800,000 acres of land in the
eastern portion of the county for timber, recreation, wildlife habitat, fisheries production, and
wilderness.
Under the provisions of the Open Space Taxation Act (RCW 84.34), Whatcom County will
designate as "Open Space" farms, forests, and beneficial open lands upon request by
individual land owners when such lands meet adopted criteria and policies. These adopted
policies are contained in the policies established in this section. A Public Benefit Rating
System that implements the policies rates each application under consideration.
Properties which qualify under the eCounty's Open Space program are granted partial relief
from property taxes in exchange for maintaining their land in open space use as defined by
state law and county policies. Some open space categories require that a landowner provide
public access provisions to the property while other categories do not have this requirement.
According to latest Assessor's information, 112.841 413 -,200 acres were are-- surseatly
classified under the County's open space this program in 2002, 95% 09% of which were are
classified as Open Space Agriculture. Most of the forested areas in Whatcom County,
however, are classified as forest lands under RCW 84.33. This law phased out the ad
valorem system for taxing timber land. This act was meant to encourage forestry and
reforesting of forests for the continued enjoyment of present and future generations. See Map
9 for the location of these areas.
With the existence of these areas, it may be hard to believe there is an additional need for
open space. Of the open space lands listed above, an estimated 125,000 acres are available
near population centers. For privately held open space lands, there can be strong pressures
to convert resource lands and rural areas to more urban environments. Additionally, while
Whatcom County has more than 130 miles of saltwater shoreline, only about 6% is currently
in public ownership and freely accessible to the public. With the county projecting a growing
population and expanding development, the opportunity for additional public access is
reduced almost every day. According to a November 1993 mail survey analyzed by Hebert
Research Incorporated for the Whatcom County Visioning Committee, "Land Use
Management /Preservation of Open Space" was the most important issue facing Whatcom
County residents over the next twenty years.
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2003 Update Chapter Two - Land Use
OPEN SPACE - ISSUES, GOALS, AND POLICIES
Open Space Areas
Whatcom County residents consider open space and the conservation of farm and timber
land to be essential to the quality of life in Whatcom County. As urban growth pressures
increase, open space, farms, forests, and shorelines are becoming more valuable to the
residents of the county. Loss of open space is perceived by the people of Whatcom County
as an adverse impact to the quality of life.
GOAL 2SSTT: Conserve or
enhance important
natural,
cultural, and scenic
resources.
Protect unique or critical wildlife and
native plant
habitat.
Policy 2SSTT -1: Protect and encourage voluntary restoration of streams, stream
corridors, wetlands, natural shorelines, fish habitat and aquifers through
education and incentive programs. For willing landowners, purchase
property or acquire easements for riparian and channel migration zone
areas to protect habitat of threatened and endangered species.
Policy 2SST-T -2:
Protect soil resources.
Policy 2SSTT -3:
Protect unique or critical wildlife and
native plant
habitat.
Policy 2SSTT -4:
Promote conservation principles by
example or
by offering educational
opportunities.
Policy 2SSTT -5:
Enhance the values of abutting or
neighboring
parks, forests, wildlife
preserves, nature reservations or
sanctuaries
or other open space
lands.
Policy 2SSTT -6:
Enhance recreation opportunities.
Policy 2SS-TT -7: Preserve scenic vistas, historic, and archaeological sites.
Open Space Corridors
Retaining open spaces between and within cities and small population centers contributes to
the high quality of life in Whatcom County. The need for jurisdictions to coordinate in
designating Open Space Corridors in order to preserve the quality of life desired by residents,
provide connector trails and public access, protect wildlife habitat, and ensure areas for
recreation becomes greater as the population of the county continues to grow and urban
areas continue to expand.
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2003 Update Chapter Two - Land Use
GOAL 27T: Identify and protect open space corridors within and between
urban growth areas. These corridors should include trails and
other lands useful for recreation, while emphasizing wildlife
habitat, and connection of critical areas, where feasible.
Policy 2TT -1: Identify marine, riverine, and other riparian corridors as essential
elements of open space corridors.
Policy 2TT -2: Identify contiguous forested landscapes as essential elements of open
space corridors.
Policy 2TT -3: Identify tidelands and floodplains as essential elements of open space
corridors.
Policy 2TT -4: Identify estuaries, lakes, and rivers as naturally occurring open space
corridors.
Policy 2TT -5: Plan greenway corridors within urban growth areas. Ensure
development is consistent with these corridors through the permit
process and incentive programs.
Policy 2TT -6: Include common open space in which pedestrian and bicycle pathways
may be integrated in new developments.
GOAL 2UU: Promote coordination among the county, cities, Port of
Bellingham, and other appropriate jurisdictions in order to protect
linked greenbelts, parks, and open spaces.
Policy 2UU -1: Encourage all jurisdictions to provide adequate neighborhood parks and
play areas within safe walking and bicycling distances of residential
neighborhoods.
Policy 2UU -2: Link county open space corridors with those of adjacent jurisdictions
where viable.
Policy 2UU -3: Encourage separation of urban growth areas through planning,
development regulations, open space purchase, conservation
easements, and other appropriate mechanisms.
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2003 Update Chapter Two - Land Use
Encouraging Open Space Conservation
A variety of methods act to encourage the retention of open space. These range from
regulatory restrictions to incentives and to public purchase. It has been the policy of Whatcom
County to create an equitable tax climate for the landowner willing to maintain land as open
space, through the use of the Open Space Taxation Act. While the Growth Management Act
authorizes the purchase of open space corridors, in many cases incentive -based measures
may be more flexible, productive, and desirable.
Public and private conservation organizations such as the Nature Conservancy, the Trust for
Public Land, and the Whatcom Land Trust serve important functions such as assisting in
negotiating with property owners, providing funding sources, and accepting conservation
easements and land donations. Often such organizations can act quickly to provide interim
preservation during the time period necessary for government action to occur.
Finally, protection of private property rights has been identified through the Visioning Process
as an important issue for Whatcom County residents that needs to be expressed in public
policy concerning open space.
GOAL 2VV: Ensure equity between the public benefit and the private burden
while encouraging open space retention.
Policy 2VV -1: Retain valuable agriculture and forestry lands by enrollment in Whatcom
County's open space taxation program.
Policy 2VV -2: Recognize that some parcels in the open space taxation program, while
key components of the open space system, may not be open to the
public.
Policy 2VV -3: Support the conservation of fish and wildlife habitat through enrollment
in Whatcom County's open space taxation program.
Policy 2VV -4: Support the retention of open space and open space corridors through
the use of education and incentives, such as purchase or transfer of
development rights, density bonuses within UGAs, cluster development,
and acquisition of easements.
Policy 2VV -5: Avoid inflexible land use regulations by engaging in a proactive program
of public investment, landowner incentives, and other actions aimed at
preserving open space.
Policy 2VV -6: Improve public access to shorelines and other lands using such
mechanisms as purchase or transfer of development rights, density
bonuses within UGAs and open space tax status.
Policy 2VV -7: Utilize the Conservation Opportunity Matrix developed by the Natural
Heritage Task Force in 1990 as a tool for evaluating conservation
opportunities, comparing conservation alternatives, and developing a list
of priority sites.
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2003 Update Chapter Two - Land Use
Policy 2VV -8: Make expenditures for public purposes, such as open space, parks or
greenbelts, with existing public funds and other sources as appropriate.
New local taxes for these purposes should be imposed only upon the
vote of the people.
Policy 2VV -9: Support the conservation of unique environmental features through the
creative use of cluster subdivisions OF ^'^^^ ^a URit a^ •^'^^^^^'^
Policy 2VV -10: Support the incorporation of stream greenbelts into subdivision design
as common open space.
Policy 2VV -11: Support the important role of public and private conservation
organizations.
Policy 2VV -12: Support public and private land trusts in acquiring conservation
easements that provide open space attributes, consistent with the
intents of property owners.
Policy 2VV -13: Review the goals of Preserving a Way of Life: A Natural Heritage Plan
for Whatcom County as endorsed by the Whatcom County Council in
1991 and continue to implement those goals which are appropriate,
beneficial, consistent with this plan, and within the County's fiscal
capabilities.
OPEN SPACE CORRIDORS MAP
The Open Space Corridors Map (10) indicates both areas of interest for acquisition or
easements to implement the open space objectives and other areas which will remain
private but because of their nature serve as visual or wildlife corridors. This does not
imply that all sites will be acquired, nor have their development potential reduced.
Property owners may or may not have been contacted regarding potential public access.
Whatcom County Comprehensive Plan
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Pages 100 -102 relate to Essential Public
Facilities, which are being reviewed
through a separate process.
2003 Update Chapter Two - Land Use
ADULT BUSINESSES - INTRODUCTION
Purpose
The purpose of the adult business section is to prevent crime, protect residential areas and
sensitive uses from incompatible uses, protect retail trade, maintain property values, preserve
the quality of life in Whatcom County, protect gateways, corridors and connections in the
community, preserve rural character and protect children from increased hazards created by
adult businesses.
Process
Because of adverse secondary effects of adult businesses, the County Council established a
year -long moratorium in 1998 on accepting new applications until appropriate policies and
regulations could be established governing adult businesses. Whatcom County Planning
Division staff originally drafted this section in response to the moratorium. It was reviewed
with a representative of the Whatcom County Prosecuting Attorney's office with regard to
Constitutional issues. The Planning Commission held a public hearing before final adoption
by the County Council.
GMA Requirements
The GMA does not require a Comprehensive Plan to address adult businesses. However, a
county is authorized to plan for land use in general (RCW 36.70A.070). Additionally, the
Comprehensive Plan can include any elements relating to the physical development within its
jurisdiction (RCW 36.70A.080).
ADULT BUSINESSES — BACKGROUND SUMMARY
Whatcom County provides an outstanding quality of life that is worthy of preserving for future
generations. This quality of life is partially dependent upon controlling crime, protecting
residential areas, protecting businesses, preserving rural character and maintaining property
values. Adult businesses can adversely impact the quality of life and, therefore, Whatcom
County should regulate where such uses are allowed.
ADULT BUSINESSES — ISSUES, GOALS AND POLICIES
Location of Adult Entertainment Establishments
Adult businesses have been shown to create adverse secondary effects upon the community
in the form of crime, harming other forms of retail trade, impacting property values and
causing deterioration in the quality of life. Such secondary effects can intensify when adult
businesses are located in close proximity to one another. Regulating the location of adult
businesses is necessary in unincorporated Whatcom County in order to protect the quality of
life and minimize adverse secondary impacts of such businesses.
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2003
Two - Land Use
GOAL 2AAA: Utilize the €established criteria for the location of adult
businesses.
Policy 2AAA -1: Adult businesses will be allowed with administrative approval use
permits in Light Impact Industrial zoning districts that are located within
City Urban Growth Areas. Adult businesses will not be allowed in the
Light Impact Industrial zone immediately southeast of the Bellingham
International Airport because, as the main entrance to the airport, it
serves as a gateway to the community.
Policy 2AAA -2: Adult businesses will not be allowed in other zoning districts.
Policy 2AAA -3: Adult businesses will not be allowed within 1,000 feet of a school, day
care, church, park, library, residential zoning district, rural zoning
district, Interstate -5 or state highway.
Policy 2AAA -4: An adult business will not be allowed within 1,000 feet of any other adult
business.
Policy 2AAA -5: Non - conforming adult businesses will be terminated by November 9.
2000 . A maximum of
four one -year extensions may be granted if needed to recoup financial
expenditures made in the business.
Rationale for proposed amendment: The Comprehensive Plan amendment adopting
policy 2AAA -5 was adopted on November 9, 1999 (Ordinance 99 -070). Therefore,
nonconforming adult businesses had to terminate by November 9, 2000. It would
clarify the policy to insert this date.
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2003 Update Chapter Two -Land Use
LAND USE - ACTION PLAN
Regulatory Changes
Overall Land Use
Refer to a technical advisory committee to review shange the following:
• Redundant regulations
• Unnecessary regulations
• Regulations that could be replaced by incentive programs
• Regulations that could be replaced by education programs
• Regulations which serve to protect the public welfare, health, and safety
• Regulations that prohibit fair, timely and well publicized review
2. Draft and propose regulatory changes to implement the recommendations from this
plan and give serious consideration to incorporate recommendations from adviso
committees appointed by the County Executive or County Council the regulate
cev4ow- Gomm ititee.
Rationale for proposed amendment: Staff is not aware of any such regulatory review
committee. However, advisory committees are appointed from time to time by the
executive or legislative branch of County government. Advisory committee
recommendations should be seriously considered, but may or may not ultimately be
adopted as County policy.
3. Propose zoning ordinance changes to designate and develop guidelines and policies
and appropriate regulatory amendments to accompany SmaA -3ewn, Business /Industry
Parks and Crossroads Commercial designations.
Rationale for proposed amendment: Small Town zoning amendments were adopted in
1999 (Ordinance 99 -012).
4. Design, present, and adopt a creative land use regulatory program which utilizes such
innovative techniques as cluster development, purchase of development rights,
transfer of development rights and mitigation banking.
5. Revise the zoning ordinance to:
su table to small to eels
• Include a new zone designation(s) for business /industrial parks possibly as a
supplement to the existing LII zone
• Incorporate Master Planned Resort Guidelines and develop specific locational
criteria for Master Planned Resorts
• Include development standards for the Guide Meridian Corridor
Rationale for proposed amendments:
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2003 Update Chapter Two - Land Use
(1) Small Town zoning amendments were adopted in 1999 (Ordinance 99 -012). The
Small Town zoning district allows hotels, motels, restaurants, retail establishments
and other uses that could serve tourists.
(2) The master planned resort language has been moved from Action Plan item # 18
below to make efficient use of resources by addressing master planned resorts
one time instead of multiple times.
Rationale for proposed amendment: Permanent zoning (Title 20) was adopted for the
Reservation under ordinance 99 -008.
1111111 RHII :I KIIII
Rationale for proposed amendment: New cottage industry and home occupation
regulations were adopted in 2001 (Ordinance 2001 -012).
• Undertake a limited planning process for exclave parcels and incorporate the
results along with the Newhalem - Diablo area plans in the Foothills and South Fork
Subarea Plans.
Rationale for proposed amendment: Interim zoning has been eliminated in Whatcom
County.
Rationale for proposed amendment: Making regulatory amendments to implement the
Comprehensive Plan is an on -going process.
Education
Rationale for proposed amendment Staff confirmed with the County's GIS Specialist
that we have this information in the County's computer system.
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2003 Update Chapter Two - Land U
11. Design and produce presentations, written materials and other programs to educate
citizens on the value of preserving the assets of the community and each individual's
responsibility to preserve those assets.
Incentives
12. Establish a committee comprised of citizens, local officials, including one or more
Planning Commissioners, and land development experts to design a set of economic
incentives for property owners to voluntarily reduce density on their property, and to
encourage protection of valuable open space identified on the Open Space Map.
13. Undertake complete and programmatic environmental review for identified growth
areas to facilitate urban and industrial development.
14. Monitor the results of incentive programs on an annual basis to ensure desired results
are achieved and produce a report outlining results of the programs.
Subarea Plans
15. Revise county subarea plans to incorporate urban growth area boundaries as
identified in this plan, ensure consistency with this plan, and eliminate any redundancy
in policy. Continue to implement existing subarea plan action items that are consistent
with this plan.
16. Examine alternatives for meeting the transportation and utility needs for Sudden
Valley.
17. Update the Blaine -Birch Bay Subarea Plan to re- evaluate the amount and location of
area designated as resort commercial and multiple family, and the total amount of land
dedicated to urban land use in light of available water and sewer supplies.
18.
Rationale for proposed amendment: Consolidated this Action Plan item with Action
Plan item # 5 above.
19. Continue the industrial land supply study, identify appropriate additional industrial land
in the Whatcom County Comprehensive Plan and update subarea plans accordingly.
20. When completed, review the Comprehensive Flood Hazard Management Plan to
ensure consistency with land use plans and regulations.
Citizen Involvement
21. Establish Council appointed subarea citizens' committees to participate in the
updating and review of subarea plans.
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2003 Update Chapter Two - Land U:
22. The 'SMAII TAIURn G.P..R.I g Rat ne GF teF a sL:.euld .::.....de a PUN G na N'r'nahni process to
addrenn the need., .d L....J g1APRte
Rationale for proposed amendment: Small Town zoning amendments, and associated
public participation, were completed in 1999 (Ordinance 99 -012).
23. Improve methods of notification to affected property owners of land use decisions.
Timing /Review
24. Using the Growth Management Oversight Committee, establish a methodology for
land supply and urban growth area boundary review.
Urban Growth Areas
25. Using the Growth Management Oversight Committee, develop a cooperative
approach to Geographic Information System use with all the cities and interested
special districts which may include regular user meetings, cooperative funding, and
data needs.
26. Cooperate with the City of Blaine by establishing and enforcing appropriate uses and
regulations to implement the Critical Aquifer Protection Plan, including protection of
the Category 1 Wetlands in the northeast portion of the Blaine UGA.
27. Develop a time frame and process to re- examine the Blaine and Birch Bay UGA
boundaries when water supply issues have been clearly resolved.
28. Work with the City of Blaine to develop an appropriate level of regulation to adequately
protect the Drayton Harbor watershed. Cooperate with the City in enforcing these
regulations.
29. Work with all cities to ensure limitation of development in floodplains within their
UGAs.
30. Establish a time frame and process to work with the City of Everson and land owners
to develop an environmentally safe plan to facilitate conversion of mineral resource
lands adjacent to Everson to urban or rural land uses.
Rationale for proposed amendment: While some of the land in the Mineral Resource
Lands (MRL) Comprehensive Plan designation adjacent to Everson has underlying
Urban Residential zoning, much of the land in this area has underlying Rural zoning. It
should not be assumed that these rural lands will all be converted to urban land uses.
31. Work with Blaine, Everson, Lynden, Nooksack and Sumas to develop regulations that
V'h nh assure compatibility of uses adjacent to resource lands.
32. Develop a time frame and process to work with cities to make the appropriate changes
to urban growth areas when necessary.
Whatcom County Comprehensive Plan
2 -108
2003 Update Chapter Two - Land Use
W 101001.1--
Rationale for proposed amendment., The State Department of Health adopted the
Coordinated Water System Plan on August 7, 2000.
34. Adopt and maintain interlocal agreements with each city that which includes:
• revenue sharing formulas
• levels of service within and outside the UGAs
• identification of needed improvements and establishment of how they will be
funded
• development standards within the UGA and review procedures, including wetland
and floodplain protection, for development proposals
• coordination with the county on greenbelt and open space designations
• use and coordination of a Geographic Information System
• timing and procedures for review of adequate land supply
• consistency with the Coordinated Water System Plan
• actions specific to each city and identified in the goals and policies for that city.
• extension of water and sewer services within UGAs.
• specific development density requirements within annexation proposals.
• cities should show evidence of meetina their infill aoals as identified in their
comprehensive plans.
Rationale for proposed amendments: Current interlocal agreements lack any specific
language to address the issues identified above. Failure to establish a clear
agreement on provision of water and sewer within the UGA has led to serious
limitations on development proposals within unincorporated Whatcom County. False
expectations for landowners and developers result. If cities are not willing to extend
water and sewer, the County should review the underlying zoning and should
seriously question any future rezones within those UGAs where services will not be
provided prior to annexation.
Whatcom County Comprehensive Plan
2 -109
2003 Update Chapter Two - Land Use
Currently, the County Comprehensive Plan identifies density goals for cities, and
interlocal agreements should incorporate these goals. A review of the density
achieved by the cities should be included with individual annexation requests and
cities should be required to meet the density goals with each annexation or otherwise
accommodate the unmet density.
Mitigation for conversion of designated resource lands is also a factor that needs to be
addressed when annexations are proposed. Conditions would be based on the
individual mitigation programs enacted by the County but could include like for like
trades, payment into mitigation banks on a per development or acreage basis, or a
joint county /city Transfer of Development Rights program could be established.
Failure to include mitigation provisions in the annexation process makes mitigation of
resource land conversions an issue at the time of UGA expansion, which may be too
far ahead of the actual "conversion" or development of the property.
35. Adopt interlocal agreements with water and sewer districts to assure service to county
unincorporated growth areas and limit urban levels of service outside Short Term
Planning Areas.
36. Work with the Sudden Valley Community Association to develep -and implement a
mespaaism- te- achieve the density reduction ro ogram targets.
Rationale for proposed amendment., A density reduction program is underway.
37 `" G* iR G8P4I1RGtI0n with industrial ewners, telesa3te additional as-
38. Establish on -going communications link with Paradise Lakes and Peaceful Valley
Community Associations to work towards mutually beneficial solutions including
combined services.
39. Develop a mechanism for addressing neighborhood parks in Bellingham's Urban
Growth Area when development occurs prior to annexation.
40. Adept aR Rterlecal agreement Continue to work with Bellingham and Water District 10
to protect and manage the Lake Whatcom watershed in accordance with the 1998
iointly adopted interlocal agreement. , fQG1_19Ad AR the existing Lake 111.1haw9m
Mama m8Rt ^-�T Focus on continued implementation of the 2000 Lake
Whatcom Reservoir ^Management Program Plan adepted -ia- 1994, completion of the
draft Septic System Plan and proposed stormwater strategy, and a re- examination of
the Urbanization Plan. In addition, work with the affected jurisdictions and secure
funding for the programs.
Rationale for proposed amendment: The County, City, Water District 10 formalized
their joint commitment to protect and manage Lake Whatcom through adoption of an
interlocat agreement in May 1998.
County Comprehensive Plan
2 -110
2003 Update Chapter Two - Land Use
41. Review and modify (as needed) the current development review process for projects
in the Lake Whatcom Watershed to ensure coordination with other jurisdictions.
42. Establish a provision that prevents density increases or heauses from occurring as a
result of provision of sewer in the Rural zone in the Lake Whatcom Watershed.
Rationale for proposed amendment., A proposed zoning text amendment that strikes
the PUD density bonus provision within the Lake Whatcom watershed is anticipated to
be adopted by County Council in April or May 2003 (AB2002- 2228).
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Rationale for proposed amendment: (1) The 'B0% rule' has been rescinded by Water
District 10. This rule was related to the District's ability to adequately serve the
Geneva and Sudden Valley areas at full buildout under a limited sewer capacity. Due
to construction of the new Lake Louise sewer interceptor, as well as the success of
the Sudden Valley density reduction program, the District has determined that it will
have adequate capacity to serve the Geneva and Sudden Valley areas at full buildout.
Therefore, the 80% rule is no longer necessary. (2) Cluster development is a land
use /development issue that would be covered through joint coordination under the
Lake Whatcom Management Program (See Acton Item 40).
Open Space
44. Review Whatcom County land use and taxation policies to ensure that there are
incentives for landowners to pursue agriculture and forestry open space designations
that which implement the Open Space section of this plan.
45. Develop strategies to encourage utilization of open space designations in order to
protect natural resources, open space, and critical areas.
46. Develop a strategy to implement the Open Space Corridor map included in this
chapter.
47. Working with landowners, develop a list of priority sites for acquisition or other form of
open space preservation based on criteria from Preserving a Way of Life: A Natural
Heritage Plan for Whatcom County and the goals and policies of the Comprehensive
Park and Recreation Open Space Plan.
48. Continue to acquire priority sites utilizing the Conservation Futures Levy and other
funding sources. Work with Whatcom County Land Trust and others to facilitate
protection of these designated sites.
Whatcom County Comprehensive Plan
2 -111
Two - Land Use
Rationale for proposed amendment: An Essential Public Facilities Advisory Committee
was established under Resolution 2001 -022. This committee completed its work in
December 2002.
Staff note: Rationale statements are for explanatory purposes only and
will not appear in the text of the comprehensive plan once it is adopted.
Whatcom County Comprehensive Plan
2 -112
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