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HomeMy WebLinkAboutord2004-026IYHA TCOM COUNTY COUNCIL AGENDA BILL NO. AB20o4 -137 CLEARANCES Initial Date Date Received in Council Ore Agenda Date Aasianvd for Originator: Srl.ia Goodwin 2 -25 -04 3 -9 -04 Introduction M �— v E MAR 1 - 1004 WHATCOM COUNTY Division Head: Srleia Gmewin 2 -25 -0 3/23 P & D / Council Dept Head: Hal Hart , Prosecutor: Karen brakes a a5- Purchasing/Budget COUNCIL Executive: PeteKremen SUBJECT: ordinance adopting amendments to the Whatcom County Zoning Ordinance, Title 20, to specify where parks and recreation /deludes in permitted in various zoning districts. ATTACHMENTS: (1) Proposed ordinance reflecting the Planning Commission's recommendations. (2) Planning Commission Findings ofFact & Reasons for Action, Conclusions, and Recommendations (3) Planning Commission minutes from February 12, 2004. Nore Buck rmardmaterials are available for review at the Count Council office. SEPA review required? ( x ) Yes ( J NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SERA review completed? ( x ) Yes ( ) NO Requested Date: n A hearing must be held !the Council changes the Planning Commission recommendation wcc 2o.Ialro. SUMMARY STATEMENT: Distribution Request Whatcom County Parks and Recreation Department has proposed text amendments ouluale those who should receive a dopy riser Counoa fiction . to several sections of Title 20, Whatcom County's Zoning Ordinance. Staff from List specific nanes to rise right the County Parks and Planning Departments worked jointly on amendments to the original proposal. ADS Facilities Marowen ent ADS Finarce Specifically, the proposal adds text relating to parks and recreation to most individual zoning districts and modifies the definitions section of the Whatcom defines Zoning Ordinance. The proposal dees the following park and recreation ADS Human Reaaturn ADS Info Services Assessor facilities and specifies the areas where these facilities are permitted. Auditor cooperative Extension I. activity centers 2. campgrounds 3, trails, trailheads and associated parking areas District Court Executive Health 4, shooting ranges _. athletic fields Hearing Exashorr Jail COUNCIL ACTION TAKEN: Juvenile 2004- i?] 319/2004: Adopted introduced 6 416/2004: Adopted 6 -0, Nelson absent, Ortl. #2004 -026 Parks Michael McFarlane Planning Ha[ Hrtr[ Prosecutor Public Works Sheriff Superior court Treasurer Rt Other Related File Numbers: Ordinance or Residua (this item): Nu/m)/byer��( i LlII.+ -0 r N_' Planning En'Isu nZoning Amendmen s%Zoning 2002U.ON2002 -0001 h Parkc,NB ZON2002- 00016doc 2zsaoo4 SPONSOREDBY: Consent PROPOSEDBY: Planning INTRODUCTION DATE: 3/9/04 ORDINANCE # 2004 -026 ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO SPECIFY WHERE PARKS AND RECREATION FACILITIES ARE PERMITTED IN VARIOUS ZONING DISTRICTS. WHEREAS, Proposed zoning text amendments shall be considered pursuant to WCC 20.90; and WHEREAS, A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on November 18, 2003; and WHEREAS, Legal notice was published in the Bellingham Herald on January 29,2004; and WHEREAS, The Whatcom County Planning Commission held a public hearing on the subject amendments on February 12, 2004; and considered all testimony; and WHEREAS, The Planning Commission evaluated the proposed amendments and recommended approval on February 12, 2004; and 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 Notice of the Planning Commission hearing for the subj ect amendment was published in the Bellingham Herald on January 29, 2004. The Whatcom County Parks and Recreation Commission has had input on the proposed revisions and reviews all proposed park and recreation facilities. A Determination of Non - Significance (DNS) under the State Environmental Policy Act (SEPA) was issued November 18, 2003. The SEPA Official has reviewed the revised text and determined that the revisions would not revise the DNS. 1 : \2 Planning Division\Zoning Amra,dnnerl&Zoning 20022ON2002 -00016 Parks \ZON2002 - 000016 ORD.doe P -1 4. A study session was held with the Planning Commission January 8, 2004, where Planning and Parks Department staff provided background on the proposal for the Planning Commission. 5. The Whatcom County Planning Commission held a public hearing on the subject amendments on Febmaryl2, 2004 and considered all input. CONCLUSIONS 1. The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan, 2. The proposed amendments comply with the approval criteria for amendments as stipulated in WCC 20.90. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section t. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown in 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 6th day of April , 2004 GQt WHATCOM COUNTY COUNCIL ATTEST: '�,.• "'••NQ %. WHATCOM COUNTY, WASHINGTON Dana Bro?pt- D1�(erk �$ Chairperson 9 oleo APPR VED as to form: (Approved O Denied L Civil Deputy Prosecutor Pete Kremen, Executive Date: 1 "2 Planning Division\ Zoning Amendments \Zoning 200PZON2002 -00016 ParbMN2002 -000016 ORD.dac P.2 ZON2002 -00016 Parks Text Amendments Exhibit A Chapter 20.20 URBAN RESIDENTIAL (UR) DISTRICT 20.20.050 Permitted uses. .054 NGROGFERIOnG al ne ghbnFheAd Public parks and public recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .056 Repealed by GFGL. 2QQO 040- Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles 20.20.150 Conditional uses. .157 Activity Centers. .158 Deleted by 94. 99 046- Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .160 Repealed by Ord. 98 083 Public Campgrounds. .162 Resealed- Trailheads with parking areas for more than thirty vehicles. .164 Athletic fields. Chapter 20.22 URBAN RESIDENTIAL - MEDIUM DENSITY (URM) DISTRICT 20.22.050 Permitted uses. .053 NoraommeFGal neghbAFhAed Public parks and public recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .058 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles 20.22.150 Conditional uses. .159 Activity Centers. .160 Public or private parks that are not included an adopted City or County Comprehensive Plan or Park Plan .161 Public campgrounds. .162 Trailheads with parkinq areas for more than thirty vehicles. .163 Athletic fields. 1a2 Planning Division 'toning Amendmentst oning2W2 ON2002-0 016 ParksV002 -00016 Exhibit A for Council. doe ZON2002 -00016 Chapter 20.24 URBAN RESIDENTIAL MIXED (UR -MX) DISTRICT 20.24.050 Permitted uses. .053 NORGornmeFGal ReghbAFhAAd p Public parks and publis recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .058 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles 20.24.150 Conditional uses. .162 Activity Centers. .163 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .164 Public campgrounds. .165 Trailheads with parking areas for more than thirty vehicles. .166 Athletic fields. 20.32 Chapter RESIDENTIAL RURAL (RR) DISTRICT 20.32.050 Permitted uses. .053 NGRGGFRrneFG al ne qhbgiFhgwAd Public parks and public recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .056 Repealed by Ord. 2000 940, Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. 20.32.150 Conditional uses. .157 Activity Centers. .158 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .161 Public campgrounds. .163 Trailheads with parking areas for more than thirty vehicles. .164 Athletic fields. Chapter 20.34 RURAL RESIDENTIAL - ISLAND (RR -I) DISTRICT 20.34.050 Permitted uses. LU Planning Division oning Annendnnentsr oning 2002M1,12002-00016 Parks 002 00016 Exhibit A for Council doe ZON2002 -000 t 6 .058 Public parks and recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .059 Trails trailheads restroom facilities and associated parking areas for no more than thirty vehicles. 20.34.150 Conditional uses. 158 Deleted by n.a 2091 912-- Activity Centers. .159 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .160 . Trailheads with parking areas for more than thirty vehicles. .164 Public Campgrounds. .165 Athletic fields. Chapter 20.35 ELIZA ISLAND (EI) DISTRICT 20.35.050 Permitted uses. .052 Noncommercial community parks and recreation facilities. .054 Public reserves, playgrounds, forest preserves, beach activities, wildlife reserves, and natural systems education and /or interpretative areas. .055 Noncommercial and nonvehicular camping activities (with approval from the Whatcom County health department). .060 Trails trailheads and associated restroom facilities. 20.35.150 Conditional uses. .155 Activity Centers. .163 Athletic fields. Chapter 20.36 RURAL (R) DISTRICT 20.36.050 Permitted uses. .064 Public parks and recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .065 Trails trailheads restroom facilities and associated parking areas for no more than thirty vehicles. I:Q Planning DmsicnlZ ning Amendmenk�oniug2002UON2002 -00016 Petksi2002 -00016 Exhibit A for Councll.doc ZON2002 -00016 20.36.150 Conditional uses. .165 Private or public, commercial and noncommercial sports facilities and clubs including golf courses, playing fields for outdoor sports and other facilities consistent with the purpose of this district. .177 Activity Centers. .178 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .179 Public campgrounds. .180 Trailheads with parking areas for more than thirty vehicles. Chapter 20.37 POINT ROBERTS TRANSITIONAL ZONING (TZ) DISTRICT 20.37.050 Permitted uses. .052 IxonGGFnMeFGa1 ReghbeFheed Public parks and public recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .057 Forest preserves, wildlife reserves, natural systems education, and /or interpretive areas. (Ord. 2002 -018 § 1, 2002). .058 Trails trailheads restroom facilities and associated parking areas for no more than thirty vehicles. 20.37.150 Conditional uses. .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, activity centers, and other similar noncommercial uses. .160 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .161 Public campgrounds. .162 Trailheads with parking areas for more than thirty vehicles. .163 Athletic fields. Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.050 Permitted uses. 1 2 Planning Eivision%Zoning AmendrimtslZoning 2002Z0N2002 -00016 Parks @002 -00016 Exhibit A for Council.rim ZON2002 -00016 058 Trails trailheads and associated restroom facilities and parking areas for no more than thirty vehicles. approval requirements: at least 70% of the physical area 20.40.150 Conditional uses. .166 Regional parks that offer interpretive, historical, or educational experiences related to agriculture and subject to the following approval requirements: 1 The size scale and character of the facility are compatible with the agricultural /rural character of the surrounding area. 2 The educational or interpretive component open space and trails of a park must comprise at least 70% of the physical area of the park. 4 The proposal will not preclude present and future agricultural use of the propert y nor substantially detract from agricultural Production on -site or in the area. 6. The proposal must comply with the requirements of WCC 20.40.662 and WCC Title 16. Use of Natural Resources. 8 Lighting must be shielded and directed away from residential areas. 9. Adequate provision of refuse collection and disposal 10. The following uses are not permitted: a. Golf courses or driving ranges. b. Campgrounds C. Recreational vehicle parks 1.12 Planning Division oning Ameudmeutsl oning 20021 01,12002 -00016 ParksMOM0016 Exhibit A for Council.doc ZON2002 -00016 d. Private concessions e. Sports fields or courts f Permanently constructed playground equipment stadiums or bleachers. Chapter 20.42 RURAL FORESTRY (RF) DISTRICT 20.42.050 Permitted uses. .063 Trails trailheads restroom facilities and associated parking areas for no more than thirty vehicles. .069 Public forest preserves wildlife reserves, natural systems education, and /or interpretive areas. 20.42.150 Conditional uses. .152 Deleted by Ord. 96 -056. Bed and Breakfast establishments. .154 Operation of indoor or outdoor parks and recreation facilities including camps, community centers, campgrounds, activity centers parks, marinas, game- reseR,es, riding academies, developed trailheads with more than 30 parking spaces and off -road vehicle parks, .tea hPA ARC] h.P_kfagt asta , ShFR_..t_ 86 a:r,..ed R WCC 20.97.027, ,.XGl d R0 provided that in the Lake Whatcom watershed riding academies, marinas, recreational vehicle and off -road vehicle parks are not allowed. .166 Shooting ranges. Chapter 20.43 COMMERCIAL FORESTRY (CF) DISTRICT 20.43.050 Permitted uses. .056 Repealed by Ord. 2000 006. Public forest preserves, wildlife reserves, natural systems education and /or interpretive areas. .060 Trails trailheads restrooms and associated parking areas for no more than 30 vehicles. 20.43.150 Conditional uses. .154 Operation of dispersed, primitive recreational facilities including tent campgrounds, game reserves, developed trail heads with parking for more than 30 vehicles, but excluding uses such as community centers, riding academies, off -road vehicle parks, parks, marinas, camping clubs, institutional camps and recreational vehicle and travel trailer parks. I Planning Division) oning Amendments2oning 200P70N2002 -00016 Parks 2002-00016 Exhibit A for Coum 1. dm ZON2002 -00016 .155 The operation of facilities intended to provide education related to forestry and the purpose of this district, including but not limited to d9FRGR6tFat OR forests and conservation laboratories. .164 Shooting ranges. Chapter 20.44 RECREATION AND OPEN SPACE (ROS) DISTRICT 20.44.050 Permitted uses. .051 Public parks, playgrounds, forest preserves, beach activities, wildlife reserves, and natural systems education and /or interpretative areas. 20.44.100 Accessory uses. .101 Restrooms, picnic shelters, tool and equipment storage, and similar buildings normally associated with low intensity park development. .102 Single- family dwellings used as a caretaker's residence. .103 Public boat launching ramps and docks, fishing piers, and swimming docks and floats when in compliance with the Whatcom County Shoreline Management Program. .104 Hiking, jogging and cross - country ski trails, and bicycle paths and associated trailheads and Parking areas. .105 Outdoor tennis and basketball courts, and lawn bowling and horseshoe facilities; provided that said facilities are intended for daytime usage only. .106 Baseball diamonds; provided that such diamonds are intended for daytime usage and backstops are the only accessory structures. .107 Soccer, rugby and football fields; provided that such fields are intended for daytime usage and goal posts are the only accessory structures. .108 Children's playground facilities. .109 Wildlife enhancement facilities; such as bird feed fields, houses and roosts. .110 Rental of bicycles, aad non - internal combustion watercraft or horses; prGv ded, that any StFUGtUFeS Used for SUGh a purpose shall be Re I@Fg9F thaR 600 square feet in total area. .111 Stand alone refreshment stands, with no indoor seating, used seasonally or intermittently, to be no larger than 300 square feet in total area. (Ord. 99 -050, 1999). I:r2 Planning Division`Zoning Amendments Zoning 2002%Z0N2002 -00016 Parksi2002 -00016 Exhibit A for Council.doc ZON2002 -00016 .112 Activity Centers. .113 Natural systems, archaeological or historical interpretative centers, or a combination facility thereof. 20.44.150 Conditional uses. .151 Publicly owned golf courses and associated clubhouses and golf cart rental. .152 Unenclosed stadiums. 53 Rental of hostes and n Intnrn.J .. Mh '..t'n golf n..rtn .154 Refreshment stands over 300 square feet in total area and restaurants. .155 Overnight facilities including campgrounds lam camp Rg, cabins and hostels; provided that said facilities shall not solely involve recreational vehicles, cabins or hostels. .156 Rfle archery FaRgeS. Shooting Ranges. .157 RE HIP -and -i All terrain vehicle trails. .158 Those accessory uses described in WCC 20.44.105 through 20.44.107, when lighted for night time usage. .160 .161 Band shells. .162 Fish propagation and enhancement such as spawning facilities, rearing ponds, lake level stabilization dams and fish ladders. 163 FaG lltion fGF the performance and t8a Gh nn of Rrtn RRd crafty 164 Rental of b GYGIGR enrl n 'nfome r. m4. ,N'on watercraft using structures larger than ten square feet in total area. (Ord 99 959 1999) Chapter 20.60 NEIGHBORHOOD COMMERCIAL CENTER INC) DISTRICT 20.60.050 Permitted uses. .062 Public Parks and recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. 1.12 Planning Division2oning Amendments) oning2002I ON2002-00016 Parksl2002 -00016 Exhibit A for Council. doe 8 ZON2002 -00016 .063 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. 20.60.150 Conditional uses. .155 Activity Centers. .156 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .157 Trailheads with parking areas for more than thirty vehicles. .158 Athletic fields. Chapter 20.61 SMALL TOWN COMMERCIAL (STC) DISTRICT 20.61.050 Permitted uses. .063 Public and community facilities including police and fire stations, libraries, community centers, museums, public parks and recreational facilities identified in an adopted City or County Comprehensive Plan or Park Plan, activity centers, tourist information offices and other similar noncommercial uses. .069 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. 20.61.200 Conditional uses. .208 Outdoor commercial recreation on an area not to exceed three acres in size. .209 Churches, educational and religious training institutions, summer camps and cemeteries. (Ord. 99 -012 § 1(2), 1999). .210 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .211 Public campgrounds, not to exceed three acres. .212 Trailheads with parking areas for more than thirty vehicles. .213 Athletic fields. Chapter 20.62 GENERAL COMMERCIAL (GC) DISTRICT 20.62.050 Permitted uses. 1 .x.2 Planning Division Zoning Amendments Zoning 2002IZON2002 -00016 Parksi2002 -00016 Exhibit A for Council doe ZON2002 -00016 .070 Public parks and recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .071 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. .072 Activity Centers. 20.62.150 Conditional uses. .159 Trailheads with parking areas for more than thirty vehicles. .160 Public campgrounds. .161 Public or private parks that are not included in an adopted City or County Comprehensive Plan or Park Plan. .162 Athletic fields. Chapter 20.63 TOURIST COMMERCIAL (TC) DISTRICT 20.63.050 Permitted uses. .066 Public parks and recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .067 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. .068 Activity centers. 20.63.150 Conditional uses. .153 Campgrounds and Recreational vehicle parks. .154 Public uses, which because of locational requirements, are necessary in the Tourist Commercial District; provided, the uses are consistent with Tourist Commercial policies, the purpose of the district and its attendant provisions. .155 Outdoor commercial recreation facilities, athletic fields and public or private parks not included in an adopted City or County Comprehensive Plan or Park Plan. (Ord. 88- 28, 1988; Ord. 87 -51, 1987; Ord. 85 -13, 1985). .156 Trailheads with parking areas for more than thirty vehicles. Chapter 20.64 RESORT COMMERCIAL (RC) DISTRICT 20.64.050 Permitted uses. 112 Planning Division2oning Amp,dmc,ns'2oning 20O10N2002- 00016 ParksR002 -00016 Exhibit A for Council doe 10 ZON2002 -00016 .059 Public parks and recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .070 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. 20.64.150 Conditional uses. .157 Campgrounds and recreational vehicle parks. .158 Commercial amusement and recreation establishments and clubs. .161 Public and community facilities including police and fire stations, libraries, activity centers, community centers, recreation facilities and other similar noncommercial uses. .166 Public or private parks not included in an adopted City or County Comprehensive Plan or Park Plan. - .167 Trailheads with parking areas for more than thirty vehicles. .168 Athletic fields. Chapter 20.65 GATEWAY INDUSTRIAL (GI) DISTRICT 20.65.050 Permitted uses. .062 Public parks and recreation facilities included in an adopted City or County Comprehensive Plan or Park Plan. .063 Trails trailheads restroom facilities and associated parking areas for no more than thirty vehicles. .064 Activity Centers. 20.65.150 Conditional uses. .151 Trailheads with parking areas for more than thirty vehicles. .152 Public or private parks facilities not included an adopted City or County Comprehensive Plan or Park Plan. .153 Athletic fields. Chapter 20.66 LIGHT IMPACT INDUSTRIAL (LII) DISTRICT 20.66.050 Permitted uses. 192 Planning Division Zoning AmendmenlslZoning 200T20N200 2- 00016 Parks@002-00016 Exhibit A for Council. too 11 ZON2002 -00016 .077 Public uses and community facilities including police and fire stations, libraries, activity centers, community centers, park and recreation facilities identified in an adopted City or County Comprehensive Plan or Park Plan and other similar noncommercial uses. .080 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. 20.66.150 Conditional uses. .156 Golf courses and commercial recreation facilities related to golf courses. (Ord. 2001 -038 § 2, 2001; Ord. 99 -070 § 2, 1999; Ord. 94 -056, 1994; Ord. 91 -013, 1991; Ord. 90 -11, 1990; Ord. 88 -76, 1988; Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 84 -38, 1984). .157 Trailheads with parking areas for more than thirty vehicles. .158 Public and private parks facilities not included in an adopted City or County Comprehensive Plan or Park Plan. .159 Athletic fields. Chapter 20.67 GENERAL MANUFACTURING (GM) DISTRICT 20.67.050 Permitted uses. .073 Public uses and community facilities including police and fire stations, libraries, activity centers, community centers, park and recreation facilities identified in an adopted City or County Comprehensive Plan or Park Plan, and other similar noncommercial uses. .077 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. 20.67.150 Conditional uses. .154 Public and private parks facilities not included in an adopted City or County Comprehensive Plan or Park Plan. .155 Trailheads with parking areas for more than thirty vehicles. .156 Athletic fields. Chapter 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT YAx*xIl.9jk ,1 g7TIl .062 Public uses and community facilities including police and fire stations, libraries, activity centers, community centers, park and recreation facilities IQ Planning Division' Zoning AmendmentslZoning 2002VON2002 -00016 Parksr2002 -00016 Exhibit A for Counci I doc 12 ZON2002 -00016 identified in an adopted City or County Comprehensive Plan or Park Plan, and other similar noncommercial uses. .065 Trails, trailheads and associated restroom facilities and parking areas for no more than thirty vehicles. 20.68.150 Conditional uses. .156 Public and private parks facilities not included in an adopted City or County Comprehensive Plan or Park Plan. .157 Trailheads with parking areas for more than thirty vehicles. .158 Athletic fields. Chapter 20.70 AIRPORT OPERATIONS 20.70.050 Permitted uses. .075 Trails, trailheads, restroom facilities and associated parking areas for no more than thirty vehicles. 20.70.150 Conditional uses. .156 Trailheads with parking areas for more than thirty vehicles. .157 Athletic fields. Chapter 20.97 DEFINITIONS (Add the following and renumber existing definitions if needed) 20.97.0087 Active Nest 20.97.008 Activity Centers. 20.97.266 Multi -use camping areas. 20.97.368 Shooting ranges. 20.97.435.1 Trails. 20.97.435.2 Trailheads. 20.97.008 Activity Centers. 1:12 Planning Oivisionl oning Amendments) oning2W2ZON2 002 -0001 6 ParloR002 -00016 Exhibit A for Council. doe 13 ZON2002 -00016 the Roeder Home: indoor recreation centers: indoor aquatic facilities: and space for meetings, receptions and cultural arts programs. 20.97.019.2 Athletic field. "Athletic field" means a public or private outdoor facility for non - motorized sports. These facilities may include backstops goal posts nets fences parking restrooms spectator seating lights and a refreshment stand no larger than 300 square feet in total area. 20.97.050 Campground. "Campground" means park facilities that provide camping opportunities in addition to provided the recreational vehicle sites meet the standards for recreational vehicle parks included in 20.80.950. Tent campgrounds are campgrounds where all sites are restricted 20.97.285 Park. "Park" means private or public areas of land with or without buildings, designated for active or passive recreational uses. This includes unlit athletic fields with no more than one baseball diamonds, soccer or football fields, unenclosed spectator seating facilities and no more than 30 parking spaces. 20.97.340 Recreational vehicle park. "Recreational vehicle park" means a parcel of rip vate land in which three or more contiguous sites are primarily for occupancy by recreational vehicles for travel, recreation or vacation uses. For mobile home parks, only spaces that are designated and /or are used for recreational vehicles shall constitute a recreational vehicle park. Recreational vehicles set up for occupancy shall be at least 10 feet from each other and any structures on the property. Whether or not intended for occupancy, they shall be at least 10 feet from all structures not on the same property. For the purposes of these regulations, the term "recreational vehicle park" shall include camping clubs. (Ord. 2000- 040 § 1, 2000; Ord. 87 -12, 1987; Ord. 87 -11, 1987). 20.97.368 Shooting Ranges. "Shooting ranges" typically are indoor and /or outdoor facilities developed and maintained for training and practice firing rifles, handguns and archery equipment. These may also include space for meetings, training, and storage of weapons and ammunition. 20.97.435.1 Trails. "Trails" means areas used for walking and hiking. Where these are adequately constructed, then they may be used for bicycling and may meet ADA standards for Il Planning DamsionlZoning AnnendmenlslZoning 20021ZON2002 -00016 Perks @002 -00016 Exhibit A for Council. doe 14 ZON2002 -00016 wheelchair accessibility. Trails may also be used for mountain biking, cross - country skiing and horseback riding where appropriate. 20.97.435.2 Trailheads. " Trailheads" are areas used for access to trails. Trailheads may include parking areas, restrooms and garbage collection facilities. I.12 Planning Division taring Amendmen tsloring 2002VON2002 -00016 Parlo�002 -00016 Exhibit A for Couucil.doc 15 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATIONS Ordinance adopting amendments to the Whatcom County Zoning Ordinance, Title 20, to specify where parks and recreation facilities are permitted in various zoning districts. WHEREAS, Proposed zoning text amendments shall be considered pursuant to WCC 20.90; and WHEREAS, A determination of non- significance was issued under the State Environmental Policy Act (SEPA) on November 18, 2003; and WHEREAS, Legal notice was published in the Bellingham Herald on January 29,2004; and WHEREAS, The Whatcom County Planning Commission held a public hearing on the subject amendments on February 12, 2004; and considered all testimony; and WHEREAS, The Planning Commission evaluated the proposed amendments and recommended approval on February 12, 2004. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATION: FINDINGS OF FACT AND REASONS FOR ACTION Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on January 29, 2004. The Whatcom County Parks and Recreation Commission has had input on the proposed revisions and reviews all proposed park and recreation facilities. 3. A Determination of Non - Significance (DNS) under the State Environmental Policy Act (SEPA) was issued November 18, 2003. The SEPA Official has reviewed the revised text and determined that the revisions would not revise the DNS. 4. A study session was held with the Planning Commission January 8, 2004, where Planning and Parks Department staff provided background on the proposal for the Planning Commission. 192 Planning Divisn Orxening Amendmen tAZOning 2002 \ZON2002 -00016 Parks AR ZON2002 -00016 AR.dDe P 5. The Whatcom County Planning Commission held a public hearing on the subject amendments on Febmary12, 2004 and considered all input. CONCLUSIONS AND RECOMMENDATIONS 1) The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan. 2) The proposed amendments comply with the approval criteria for amendments as stipulated in WCC 20.90. 3) The Whatcom County Planning Commission adopts the findings and conclusions contained in this staff report and recommends adoption of the zoning text amendments attached as Exhibit A. WHATCOM COUNTY PLANNING COMMISSION Dave Pros, Chairperson Hal H. Hart, Secretary Date Date Vote taken February 12, 2004, at a regularly scheduled Planning Commission meeting. Commissioners voting: John Belisle, Ken Mann, Dave Pros, Ron Roosma, John Steensma, and Robert Wiesen. Vote: Ayes: 6, Nays: 0, Absent: 3. Motion carried to recommend approval of the amendments. Attachments: EXHIBIT A: Proposed amendments to the Whatcom County Zoning Ordinance, Title 20. L.1 Planning Division\Zonmg Amendments':aning 2002 \ZON 2002 -00016 Parks\AR ZON2002 -00016 AR close P.2 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION February 12. 2004 Call To Order: The meeting was called to order by Whatcom County Planning Commission Chairperson, Dave Pros, in the Planning Department Library at 3:08 p.m. Roll Call: Bob Wiesen, Ken Mann, John Steensma, Ron Roosma, John Belisle, and Dave Pros, Staff Present: Hal Hart; Sylvia Goodwin; Lynne Givler, Whatcom County Parks; and Becky Garvey. Director's Dialog Hart: Jeff Chalfant, Sylvia Goodwin, and myself are going to be reviewing critical areas and shorelines applications from various engineering firms that are interested in working with Whatcom County on the Critical Areas Ordinance update and the Shoreline Master Program update. The Critical Areas Ordinance update will be due at the end of 2004. The Shoreline Master Program update will take two years. The draft should be done by June 2005. We should hold a work session to begin to orient you to what changes have occurred in regards to best available science and what new requirements are out there. There have been great policy changes in shorelines. We also have the Salmon Recovery Plan and WRIA coming to conclusion. I looked back at the population growth numbers and the Eco- Northwest high was 261,000, the medium was 231,000, and the low was 215,000. The County Council ultimately ended with estimating the population for 2022 at 234,917. The Office of Financial Management had a high of 281,000. Everything points to more, but how much more? Parks, recreation, and open space planning becomes very important when you are dealing with critical areas, shorelines, etc. I am working with the Bellingham Herald on a story regarding growth. It will have information from all the cities as well as the County. Next month I hope to get to you the annual growth picture from 2000 to 2003 on a map. We will be breaking it down by subarea. The County Council and the County Executive are going to Washington D.C. One of the topics they will be discussing is agriculture. I found out our agriculture is still kicking and they are reinvesting in a couple of places by doing flash freezing so they don't have to go to Skagit County for that service. They will also be talking about the TDR program and how difficult it is when you have people in Washington D.C., who are attorneys, not conservation specialists, making the decisions. We have also been talking about east County issues. We continue to see growth there, though not as fast. The growth has shifted to Lake Whatcom, Birch Bay, and the I -5 corridor. The issues in the East County are economic development, tourism, and transportation. March 31 will be the Planning Shortcourse at the Council Chambers at 6:30. It will be less focused on County issues but I would still like you to go because we will be focusing on the city issues and we are in this together. I have invited the head of the City of Kirkland. The topic will be how to increase density in the cities and still maintain a sense of neighborhood. We will also look at the legal aspects of planning. Approval of minutes of the January 8, 2004 meeting. Goodwin: The statement of 22 houses per acre should read housing units because they could be townhouses. John Steensma asked to be included in the roll call. Wiesen moved to accept the minutes as amended. Menzies seconded. Motion carried. RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12 2004 Open Session for Public Comment Dennis Jones, 1487 Sudden Valley, Bellingham: The watershed is going to be rezoned. An option is other than one per five or one per ten acres there is Rural Forestry and other zones for parks. There are options for sustainable forestry and is goal four of the plan. They would have to be 600 acre parcels to make it economically feasible. Sustainable forestry needs to be looked at in the entire watershed and the middle fork. There was a presentation by John Cooper of the Bellingham Whatcom County Convention & Visitor's Bureau regarding tourism. Public Hearing File #ZON- 2002 -00016 Parks Amendments Sylvia Goodwin presented the staff report. This is a zoning text amendment proposed by the Whatcom County Parks and Recreation Department. You had a brief worksession on it at your January 8, 2004 meeting. At that time there were some differences of opinion between Planning and Parks staff. This proposal does not look the same as the original proposal but we are all in agreement on this proposal. We are changing the text in almost every zoning district. We are adding definitions on parks related facilities. We have added definitions for activity centers, campgrounds, trails, trailheads and associated parking areas, shooting ranges, and athletic fields. We have added them as either permitted, accessory, or conditional use in the different zoning codes. Right now County Parks are allowed in areas zoned Recreation /Open Space. What we have traditionally done is when the Parks Department buys land for a park and wants to open a park they need to rezone it to Recreation /Open Space. That is an expensive, cumbersome process that takes a lot of time, then most of the facilities require a conditional use permit. This proposal allows certain things to be allowed as permitted uses. If a park or recreation facility is in the Parks and Open Space Plan they are allowed as a permitted use in all zones except the agriculture and forestry zones. Trails, with parking for 30 or less vehicles, are permitted everywhere except in the Recreation /Open Space zone where it is an accessory. We added a new definition for activity centers. They all require a conditional use permit, other than in the commercial and industrial areas. We allowed for parks that are not in the Parks and Open Space Plan by conditional use permit. This would also allow for some private parks. Campgrounds we allowed as a conditional use permit in most of the residential zones. They aren't allowed in the agricultural zones. Commercial Forestry is limited to tent campgrounds. They aren't allowed in Neighborhood Commercial, the Industrial zone, or the Airport zone. Trails, with parking for 30 or more vehicles are a conditional use permit everywhere RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12 2004 Athletic fields are a new category. Those are a conditional use permit in most of the residential zones. The concern about athletic fields are the lights and the traffic. They are not allowed in agriculture or forestry zones. Shooting ranges are allowed only in the forestry and open space zones. The forest, wildlife reserve and interpretive areas are mostly in the more remote areas. I recommend approval. Mann: Where were the biggest compromises? Goodwin: The biggest change was on the process. Previously we required a conditional use permit for most activities. If something has already had a hearing through the Parks and Open Space Plan and is a public facility, which the County Council has already approved, then we didn't feel a conditional use permit was necessary. Mann: How did you resolve the long trails? Givler: The corridor that Parks has is owned outright by us and shown in our plans. I think there was a feeling it wasn't determined where the trail was going. Mann: In the previous definition of trails it listed mountain bikes, this one doesn't. It says only for walking and hiking and if adequately constructed for biking. What does adequately constructed mean? A lot of the trails I like to ride on aren't adequately constructed. Do you not want bikers to be using the trails? Givler: No I think biking was intended to cover that. We did not mean a bike could go only where there is a hard surface. It's just pointing out there are a lot of different uses for trails. Goodwin: In the previous version there were three types of trails. Some of them were paved for bikes and other were more remote, pedestrian types. We could add trails may also be used for cross country skiing, mountain biking, and horseback riding. Wiesen: Where do these rules put the Nessett Farm? Goodwin: We added a section to the ag district on regional parks as a conditional use for parks that offer interpretive, historical, or educational experiences related to agriculture and subject to the certain conditions and made it fairly specific as to the types of uses that could be allowed and what is prohibited. Part of the issue is we are very concerned about something that would be converting agricultural land into a park. Quite often ag and forestland are going to be the less expensive land. We are trying to discourage conversion of that land. Wiesen: What is the plan for the Nessett Farm? Would it be like Hovander? Who will benefit from the use? Givler: It's intended to be used like it is. The issue is the access. There would need to be general public access from the north. The intent is to introduce people to what is existing not change it. Wiesen: The access should have been solved first. RECORD OF PROCEEDINGS OF THE 4 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12 2004 Goodwin: If Parks can't use it they may want to sell if for ag use. We may want more ag tourism. A lot of people don't get to see farmland. We don't want to encourage taking ag land out of production. Dennis Janes, 1487 Sudden Valley, Bellingham: I speak in support of the Parks Department. I want to draw your attention to Lake Whatcom. It has been pretty well platted. After years of doing nothing things are starting to happen. There is an ideal place to put parks for local users. There is a term called active regeneration. What comes out is hiking. Preservation is another issue. I have come up with some ideas of what to do around the Stimpson Reserve. There is no win -win. Start at Big Rock Park and watch what has been done if we don't do things right. On top of Stuart Mountain is an equestrian trail. On Anderson Mountain are two tracts for off -road vehicles. Two areas for shooting. The Sudden Valley campground is now closed. Right in front of it is an existing parking area and an office. Look at what Crown Pacific has done to the watershed. Larry Jacoby, Mosquito Lake Rd: I totally disagree with the Parks Plan. They are trying to do stuff that other people can't do. They have shown in past history that they haven't got permits any way so why are they wanting to change now? I want to talk about the Nessett property. In 1989 they wanted to give it to the County and the County didn't take it. Through agreements with the Land Trust a conservation easement was written out in 1989 which said it was going to be a park. You couldn't cut trees, there would be limited development, and people would have to walk in a half mile from the north. It was appraised for taxes at about $220,000. They had it appraised by the Berg Company and he appraised it at $350,000 and he assumed there was a right a way to the county road to the north. If a conservation easement is in place an appraiser should know about it because it decreases the value immensely. To come up with an outrageous figure Roger DeSpain writes a letter to Sam Newman, a forester, keep in mind the timber can't be cut but it does have a value. He wrote they were requesting the cost and time table for forest engineers to do a timber cruise and market value appraisal of timber that can be sold by a private individual for this property. That's picking our pockets while the Land Trust sits there with about five million dollars of our tax money because of this. Pete Kremen exempted the Nessett family from the open space tax on that property which is due at the time of sale by the seller. It amounted to about $60,000. This is a state tax. That's discrimination. There has been a lot of wrong things done to acquire that property. It's a bad location. If you build a road into it it's going to require a lot of money. The Land Trust has lead the County to believe this money was well spent. About two years ago the City of ? built that conversion dam and they have let somebody put a power plant on it. When they run the water through a turbine it takes all of the oxygen out of it and they wonder why they are having problems. They had an oil spill and they accused me of doing it and I have a request in to the Department of Ecology to get a copy of why they would haul 350 yards of soil to Everett because there was 15 gallons of vegetable oil in it. A little fertilizer on some of these lawns doesn't amount to near what big things happen and never get talked about. When they got done they graveled the road right along Hutchinson Creek to the power plant without a shoreline permit. Permits are good. You need to go back and bring everything into compliance that's out there. I have to get permits. The Nessett Farm is what this whole thing is about. Wiesen: Did you lease the Nessett farm? Jacoby: Yes, for years I had cattle there. Wiesen: What caused termination of the lease? Jacoby: I got rid of the dairy stuff. What you don't know is there was a brother and I don't think the thing has been probated so there's going to be a lot problems. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION February 12. 2004 John Lamont, 6184 Saxon Rd.: I'm Nessett's neighbor. I think $980,000 is way too much money to spend on a piece of land locked land. You aren't coming through my place to access it. The County knows that. You ought to see about getting your money back. Have the surviving heirs take the place. Steensma: How did the Nessett's get access? Lamont: Through their relatives. There has never been an access granted on that piece of land. The Nessetts never took care of that road, we did. So far this year you have had three visitors. We want Parks to get their permits just like everyone else. We don't want you to put a park in the middle of ag land which you can't do now. Steensma: How is it zoned now? Goodwin: It's zoned agriculture. At the time the Parks Department acquired it you could put a park in ag land. Since then the County changed the code to tighten up the uses in ag land to keep ag land more for ag uses so now you can't put a park in ag land. The County is not exempt from getting permits. Lamont: They could have got a permit when they bought it. The reason they didn't is they don't get permits when they do stuff. Dan Taylor, 2696 Donovan Ave., Bellingham: I am the Chairperson for the County Parks Commission. I was involved in all the early reviews. I like the staff report. It's cleaner than the original proposal. It meets a lot of the Parks needs. It seems fair and that's what the GMA is all about. There are a lot of references to the W hatcom County Parks and Recreation Plan. I would suggest you change it to the Comprehensive Parks and Recreation Plan. It also covers cities. We don't build neighborhood parks. If the city wants to build a park in the UGA use their plan. The next issue for me is the forest and wildlife reserves. For example I think of the Stimpson property as more of a reserve than a park. It shouldn't matter what zone it's in. They could conceivably be anywhere. The park definition would probably do the job. Givler: In areas where parks are not outright permitted they were listed like in the forest zone it was a matter of just buying a piece of open space and leaving it like it is and having a trail. That's not a park it's just a way of covering those areas. Taylor: Why isn't it in more places? Goodwin: We didn't want to duplicate it. The definition says a park is a public or private area with or without buildings designated for active or passive recreational use. I think a wildlife or trail area would be passive recreational use so it would meet the definition of a park. The only place we felt we needed to add it specifically was if we didn't want to encourage a regular park that would clear all the ground and put in a playground but we wanted to allow activities that would still preserve the trees and allow a more limited natural type park. Taylor: In the definitions of campgrounds there is reference to 20.89.050 which I think is unnecessary. It doesn't' matter that much. It talks about setbacks and things that don't apply. A park is a buffer to other uses. In the definition of parks it wasn't clear about the ball fields. Are you saying we can have one baseball field and one football field or only one field? Goodwin: It says you only get one. When you look at the issue of the parking spaces we felt 30 spaces would fit into a residential neighborhood without causing a lot of traffic. In team sports it doesn't take long to get 30 cars there so anything larger would require a conditional use permit. RECORD OF PROCEEDINGS OF THE 6 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12, 2004 Taylor: I wish the Nessett Farm was exempt but it's already in place. Wiesen: I like the point about the parks planned by cities. How would we word that? Goodwin: We could make a code amendment through the whole thing that added or other adopted Comprehensive Plans or Parks and Recreation Plans. Jacoby: The plan says parks can be public or private. Does that mean anyone can go out in ag land? Goodwin: In the ag land it doesn't say a public or private park. It is pretty specific. Jacoby: Are these parks exempted from the zoning regulations they are tied to? Goodwin: No one is exempt from the regulations. Public or private you have to comply. Jacoby: Your exempting the Parks Department from the ag zoning. Goodwin: We aren't exempting anybody from any zoning. We are saying very specifically in this area that a regional park that offers interpretive, historical, or educational experience related to ag and subject to the following requirements can be allowed. The hearing was closed to the public. Work Session Roosma: In the ag zone are you allowed to have a private campground? Goodwin: No, not any type of campground. Roosma: There are lots of places along the river where people want to have there own private campgrounds. They can't farm it anyway because they have to have a 200 foot buffer along the river. I would like to allow it. Goodwin: In the section we added on R.V.'s if it's not for commercial use you can have a certain number of R.V.'s for individual family use. It wouldn't be called a campground. Roosma: If we have a trail system along the river, through ag land, would we possibly want campsites every so many miles? Givler: I think we are saying no it's not an allowed use. Roosma: What does Parks think about that? It's a long trail. Mike McFarland, County Parks Department: It's something we will be looking at in the Comprehensive Plan. The Nooksack River has the opportunity for that. It would be preferable to have it in there. Goodwin: We added tent sites in Commercial Forestry. Ag land is sacred in this county and if start allowing people to convert ag land for a few tent sites you eventually loose land. Roosma: We would have to have some language saying that land can't be farmed anyway. Pros: Will they have enough people to maintain those areas? RECORD OF PROCEEDINGS OF THE 7 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12, 2004 Belisle: When the time comes and if it makes good sense could we make it a conditional use? Goodwin: If you don't put it in the code then it can't be done as a conditional use permit but you could come back later and do a code amendment. There would need to be some specific limitations. Steensma: I don't like the provision for trails with more than 30 cars in the ag zone. That's a lot of cars. I would like to strike that. Wiesen moved to accept the staff report recommendation for approval with the amendment regarding the wording for city parks in the UGA's to state — In an adopted City or County Comprehensive Plan or Park Plan to be amended in every place where it says Whatcom County Parks, Recreation and Open Space Plan and Mann's amendment regarding biking on unimproved trails to state - Trails may also be used for cross country skiing, mountain biking, and horseback riding. Roosma seconded. Steensma offered a friendly amendment to strike trails with more than 30 cars in the ag zone. Wiesen and Roosma accepted the amendment. Roll Call Vote — Ayes — Belisle, Mann, Pros, Roosma, Steensma, Wiesen; Nays — 0; Abstain — 0; Absent— Burdge, Hunter, Menzies. Motion carried. The meeting was adjourned at 5:25 p.m. for a dinner recess. Call To Order: The meeting was called back to order by Whatcom County Planning Commission Chairperson, Dave Pros, in the County Council Chambers at 6:40 p.m. Roll Call: Ron Roosma, Bob Wiesen, Geoff Menzies, John Steensma, John Belisle, Ken Mann, Dave Pros, and David Hunter. Staff Present: Hal Hart, Sylvia Goodwin, Karen Frakes, and Becky Garvey. Tape 3 did not record. Following is a summary of the Open Session and Work Session. Open Session for Public Comment Jack Petree, 2955 Sunset Dr., Bellingham: Spoke regarding taxes and growth in the County. Mike Kent, 8201 Chehalis, Birch Bay, Blaine: Spoke regarding housing prices and referred to the website: www.bestoroaerties.com Lincoln Rutter, 8373 Semiahmoo Dr., Blaine: Spoke regarding tree clearing and stormwater impacts at Birch Point. Work Session File #CMP2002 -00030 Birch Bay Subarea Plan. Menzies: The section in the plan regarding wetland areas is weak. What I am proposing brings Birch Bay in line with Drayton Harbor and will help protect the water quality. I have driven the watershed looking at development and worked with the Public Works Department. The new development runoff is supposed to mimic pre - development conditions. No one is monitoring this to see if it is happening. RECORD OF PROCEEDINGS OF THE 8 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12, 2004 Hunter: Small individual fixes on sites will not be a resolution to loss of wetlands and pollution. We don't understand what is creating the problem. I will try to discourage development everywhere to try and prevent the destruction of our natural resources. Roosma: I disagree. We have the technology to improve things. Goodwin: The policies recommended on page 10 -11 should solve some of these issues. Hunter: I'm not convinced they will solve the issue. I don't like to see development in Birch Bay. There are better places in the County for it. Hunter moved to adopt the proposed amendments stated in the February 5, 2004 memo from Sylvia Goodwin. Menzies seconded. Roosma made a friendly amendment to the motion regarding page 7 -2 of the plan, item CA -1e to make mitigation acceptable if it is in the same drainage system. Wiesen seconded. Hunter did not accept the amendment. Wiesen: If we don't allow that we are taking away a tool to have better wetlands. Goodwin: That wording is allowed in the Critical Areas Ordinance. Menzies: I feel strongly about on -site mitigation. Roosma moved to add the wording as an amendment. Wiesen seconded. Vote: Ayes 2, Nays 5, Abstain —1. Motion failed. Tape 4- verbatim. Steensma: Didn't the County Council just deal with this regarding selling development rights that didn't exist. Goodwin: The issue in the Lake Whatcom Watershed was someone doing a subdivision. There is a limit of impervious surface. They took the impervious surface credit from the area they wanted to keep as the reserve tract and transferred that to the other lots so they could build larger houses on all of the lots, then they took the other lots and used the reserve tract as a wetland mitigation site, then they took the develop rights from the wetland mitigation site that they had already transferred the impervious surface off of and sold them. Steensma: Do you have buildable rights in a critical area and buffer? Goodwin: You do if you aren't using it as a wetland mitigation site. You can cluster and put development on the edge of the wetland and still have an impact on the wetland. If you have a property that is 50% wetland and stream corridors you could take 50% of the development rights on your parcel and sell them to someone else that had a parcel that wasn't wetlands. You will still have the same amount for development in Birch Bay but it will be in more appropriate areas. There are areas identified in the plan that would be perfect for that. Belisle: I get the sense that any land in the county is buildable as long as it can be mitigated good enough. Goodwin: That's probably true but it would be very expensive to do in some areas RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION February 12. 2004 Belisle: So critical areas and buffers are buildable because of the mitigation and therefore they are valuable enough to have a TDR. Goodwin: Right, but you can't assume every piece of property is developable because of the expense. There is not many pieces of land in Birch Bay where 100% of the parcel is a wetland. By clustering you can still develop it. Hunter: I was a little disappointed to see Commission Menzies abandon me on this matter. I think my original proposal was to not allow any loss of wetlands. I assume staff persuaded him that this would create havoc in universe. Goodwin: We persuaded him that the County Council is almost guaranteed to overturn your original policy. Vote on motion to adopt the proposed February 5, 2004 amendments: Ayes — 6, Nays — 19 Abstain —1. Motion carried. Goodwin: You still have to deal with the staffs proposed amendments from the January 8, 2004 meeting. The first change is to Chapter 17- Capital Facilities. Hunter moved to accept the staff's proposed amendments to Chapter 17- Capital Facilities. Mann seconded. Vote: Ayes — 8, Nays — 0, Abstain — 0. Motion carried. Goodwin: Next are changes to the Whatcom County Comprehensive Plan. It makes the text of the County Comprehensive Plan consistent with the new subarea plan. Most of it is making numbers correct with the subarea plan. I recommend you make the change. Wiesen moved to accept the proposed changes to the Whatcom County Comprehensive Plan. Roosma seconded. Vote: Ayes — 8, Nays — 0, Abstain — 0. Motion carried. Goodwin: There is a proposed amendment to the Urban Growth Area of Birch Bay which makes the maps of the Urban Growth Area in the Whatcom County Comprehensive Plan consistent with the Urban Growth Area in the Birch Bay Subarea Plan. The only difference is it adds the 100 acres south of Arnie Road and east of Blaine Road. Menzies: With the expansion of the proposed short term UGA that goes up Anderson Road all the way to Lincoln Road was the rational for that there was already development in that area? Goodwin: Part of it does. The Planning Commission approved that short term planning are about two years ago. The County Council put it on hold until this plan was done. Part of the reason for wanting this short term is when that area develops that road will get put through, which will improve traffic in the Birch Bay area. It also has sewer and water available. Pros: Does this include the commercial area Blaine said they don't want? Goodwin: No. That's on Shintaffer and Lincoln Roads. Menzies: I can see why this was extended, because there was services there but what if you look at other areas what would it take for some major development there to result in that being changed from long term status? Goodwin: A zoning amendment RECORD OF PROCEEDINGS OF THE 10 WHATCOM COUNTY PLANNING COMMISSION February 12. 2004 Pros: Why do we have such a large UGA around Birch Bay? Goodwin: That zoning was set about 20 years ago. When we initially did the plan the County looked at all the areas that had urban residential, resort commercial, and URM zoning and included within the Birch Bay UGA. At that time there were water and sewer lines running throughout. There were checkerboard patches of already developed land and the zoning was in place to give people the expectation that is what the zoning would be. The 100 acres proposed to be added was in an effort to make Alderson Road into a logical area for higher density and commercial. It's the intersection of a state highway and it doesn't have as many wetlands as some other areas. Pros: By expanding a UGA is that helpful or a hindrance to establishing a real downtown? Is the UGA too large? Goodwin: If we had a blank slate and this area wasn't already substantially developed and zoned I would have made it much smaller. Wiesen: We are forgetting this is part of a long term planning process. The utilities were designed and initiated to take care of this area. Now there is some argument to reduce this and the exiting owners and utility users are going to have increased fees because the facilities aren't being used to the extent they are designed to serve. This area was planned for urban development. Menzies: The fact that this zoning has been in place for 20 or 30 years doesn't hold much weight with me. We have learned a lot since then. Reports state put urbanization in areas outside of those areas you want to protect. Hunter: I am going to resist including the 100 acres which is consistent with my general policy of not increasing UGA sizes. I'm not happy with the UGA's as they are. I oppose high population projections in those areas. I consider these matters to be critical to the environmental health and welfare of Whatcom County. I don't think we are well served by expanding the UGA's. Wiesen: The expansion might mitigate some of the environmental problems in other areas by transferring some development rights into that area. Wiesen moved to accept the staff recommendation to make the maps of the Urban Growth Area in the Whatcom County Comprehensive Plan consistent with the Urban Growth Area in the Birch Bay Subarea Plan and add the 100 acres south of Arnie Road and east of Blaine Road. Roosma seconded. Pros: I think this one piece would become part of the city boundary so I'm not as sensitive about adding this to the UGA. Vote: Ayes — 5, Nays — 3, Abstain — 0. Motion carried. Goodwin: Next is adoption of Exhibit E, which is the recommended Short Term /Long Term map. Roosma: Was this recommended by the Planning Committee? Goodwin: No the Planning Committee said get rid of the long term and make it all short term planning area. I don't think that's a wise idea and you already decided not to do that. Wiesen moved to accept the staff recommendation. Roosma seconded. Vote: Ayes — 7, Nays — 0, Abstain — 1. Motion carried. RECORD OF PROCEEDINGS OF THE 11 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12 2004 Goodwin: If you go to the December 30, 2003 memo there are two other issues that need addressed. There is a City of Blaine letter from December which raised two issues. One was they wanted the Lincoln Road area, between Shintaffer Road and Harborview Road, to be a rural corridor. They didn't really suggest how to do that. It has a UGA on both sides and it's a road. If you want to do that I can try to figure out a way to make it a rural corridor. There are some bigger pieces, all with access to the road. There are a lot of wetlands on the city side that wouldn't be subject to this plan. You could add a policy to try and preserve street trees, a wandering path, or purchase open space along it. You could try to put a strip of rural zoning there. The other issue they had was the commercial area at the corner of Shintaffer and Lincoln Roads. They would prefer that area not be commercial because they would prefer the Birch Bay folks to shop in Blaine and give the tax base to the City of Blaine. Menzies: I appreciate the City's concern to try and maintain a buffer along that road. We have two UGA's that are colliding here. If there is a way to maintain some sort of visual buffer along there it would be good. Could you designate it as a sending area? Goodwin: Possibly. The areas to the North have a lot of wetlands, but they are in the Blaine UGA so they wouldn't be subject to this plan. The area to the south has a nursery. I'm wondering if it could somehow tie in with the Coast Millennium Trail. One of the issues is driveway access. You might want to designate it as limited access so you wouldn't have multiple driveways coming out. You could add a vague policy in the transportation section to designate the area as a scenic corridor or try to acquire an open space buffer. The map in the transportation section of the plan has a section scheduled for widening. You could include a bike lane and landscaping in that to preserve the rural or scenic character. You may just want to add an action item in the transportation section. Pros: I suggest we let the community deal with this at a later date. There were no objections to this. Pros: There is a suggestion to have a commercial area between Shintaffer and Lincoln Roads. Wiesen: Is this the area where the nursery is? Goodwin: No, the nursery is at mid block, not at the corner, so the community didn't feel that was an appropriate place to put commercial, in the middle of a block. They wanted it closer to the new road that is proposed. Pros: Is the current zoning UR4? Goodwin: Yes, this allows a neighborhood grocery store. The commercial zoning would allow a shopping center. Pros moved to keep the zoning as is and not allow more commercial development on the site. Menzies seconded. Pros: I talked to the City Manager of Blaine who stated to try and restore the downtown core of Blaine any additional competition will be detrimental to that. I would like to see the small towns have a tourist feel. Commercial development should stay in the downtown cores. Roosma: I am going to vote against it because it saves car trips if you have a small commercial node in your area. RECORD OF PROCEEDINGS OF THE 12 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12, 2004 Wiesen: I'm against the motion. Part of planning is to locate these things were they are convenient and reduce traffic. Hunter: I don't think we are increasing traffic by not letting this spot develop. Menzies: What is the rational for this suggestion? Goodwin: There are about 1,000 people that live at Semiahmoo that shop in Ferndale because it is more convenient than driving all the way around the harbor to Blaine. This would allow them a place to shop. There are about 2,400 people in Birch Bay Village that drive to Ferndale or Blaine for groceries. The new road proposed would bring all of those people through that intersection. Hunter: Why not put this in Birch Bay? Goodwin: The Birch Bay residents don't want the residents of Birch Bay Village driving around Birch Bay Drive, past their houses to get to downtown Birch Bay. They want to develop a way to get traffic off of Birch Bay Drive. They don't want retail there. Wiesen: Is there any way to know about the traffic that would use that area? Goodwin: That corner doesn't have enough traffic at this point, and probably won't for five to ten years, to support a large grocery store. There would need to be 5,000 to 10,000 people in the area. Hart: This same discussion has been going on among the staff for the past year and a half. There is a concept of using design guidelines to ensure that there won't be the strip mall you are picturing. The people I have talked to in Birch Bay want something different than what is typically seen. I don't think the plan has been very strong in talking about that kind of design issue. You want a place for pedestrians. Goodwin: If you want you can put it as commercial in the plan for now and review it again before the rezone. Belisle: I propose we ask staff to come back at the appropriate time with language on this piece to ensure it doesn't look like a strip mall. Menzies: The good thing about it is it does help from a transportation standpoint. What we are doing is putting this in the long term UGA. What does it really mean to be in there as opposed to the short term area? Goodwin: There is a subdivision proposed in part of this in the short term area. Before they do anything they would need to do a site - specific rezone to turn it into short term and rezone it. At that time you could attach conditions to it. Wiesen: Does Trillium own this property? Goodwin: Yes, and the surrounding property. Wiesen: I don't think you need to worry about design standards. Belisle: I don't want to see an Arco station go in and ruin the chance for something better. It could be a destination place. RECORD OF PROCEEDINGS OF THE 13 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12, 2004 Goodwin: To clarify what the motion is this isn't a proposal to change the zoning. It's just a proposal to change the plan designation. You would want to state the plan designation should remain residential, not commercial. There is no plan now to change the zoning. Vote: Ayes — 3, Nays — 4, Abstain — 0. Motion failed. The area will be allowed as a future commercial area. Roosma: (To Menzies) How would you feel about a two layer development standard where the County give preliminary agreement on how the area would look and let the contractor do the dirt work in the summer and then come back and do the utilities when they are done? The City of Bellingham allows this. Goodwin: This is a whole change in the County Building Code and permitting process. Wiesen moved to accept the Birch Bay Subarea Plan findings and amendments. Menzies seconded. Roll Call Vote: Ayes — Belisle, Hunter, Mann, Menzies, Pros, Roosma, Steensma, Wiesen; Nays — 0, Abstain —0; Absent — Burdge. Motion carried. Other Business Hart: You have an incredible schedule for the rest of the year and I would propose we work on a schedule to work on the issues I think you need additional information on such as shoreline management, critical areas, discussion of sustainability, salmon recovery efforts, and design guidelines. Next year we will be looking at the east county. WRIA will be an issue. There will be legal issues to look at and I want to bring in outside specialists that can bring new information to the table. Pros: We used to have a retreat at the beginning of the year. Hart: We can set something up. Wiesen: I want to applaud the effort of the Birch Bay group. They worked long and hard to come to a consensus. On the other hand there is a problem with Lummi Island in the fact that the structure of the committee was not broad and diverse. There should be some policy set up as to how the original planning group is made up so there is representation throughout the community. Pros: Is it within ourjurisdiction to dictate how committees are formed? Hart: You are only advisory. You could write a letter suggesting something and send it to the County Executive and County Council. In some other counties it is in their Comprehensive Plan. Hunter: I would support a letter. Pros: I would suggest Commissioner Wiesen draft a letter on behalf of us. Roosma: I think we should add it to the Comprehensive Plan. Pros: I would like to have that in our recommendation and have that proposal come from the County Executive. The meeting was adjourned at 10:05 p.m RECORD OF PROCEEDINGS OF THE 14 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting February 12 2004 Minutes prepared by B. Garney. WHATCOM COUNTY PLANNING COMMISSION ATTEST: Dave Pros, Chair Hal H. Hart, A.I.C.P., Secretary