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Home My WebLink Aboutord2003-023B'HATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -124 CLEARANCES InchaFT Dale Dare Received in Council Office A enQa Date Assi nedm: Originator: Amy de Vera Pederson - 2114103 �V - ':-13/25/03 - U_ 3/11/03 Introduction Division Head: Sylvia Goodwin P & D / Council Dept. Head: Hat / /.Hart, A.LCP. � MAR 4 — 2003 Prosecutor; Karin, Franke;a , Purchasmg/Rudgec Evecunve. Peter Airemen -9KW03 SU'BJL'CT: To unwed the Official Whatcom County Zoning Ordinance, Title 20, Chapter 20. 22- Urban Residential Medium Density (URM) District. ATTACHMENTS: (1) Proposed Ordinance (2) Agency Report with Attached Tent (3) Staff Report (4) Planning Commission Public Hearing Minutes I SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( < ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 'The Council must Gold a hearing if they want to change the Planning Commission's recommendation (WCC20.90.051). SUMMARY STATEMENT: Distribution Request The Phatcom County Planning Commission has recommended approval of a request to amend the Official Whatcorn County Zoning Ordinance, Title hedioare those who should receive a tops after Council atom,. List spectue names to the right 20, Chapter 20. 22 - Urban Residential Medium Density (URM) District to ADS TaeIDdes Management remove "professional offices as an allowable conditional use. ADS Finance ADS Human Resources ADStnj services Assessor Auditor Cooperm &e Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: Juvenile 2003 -124 3111/2003: Introduced 312512003: Adopted 7-0, Ord. #2003 -023 Parks Planning Hal H. Hart, A.LCP. Prosecutor Public Works Sheri Superior Court Treasurer Relat, Other Related File Numbers: File #ZON2002 -00010 Ordinance or Resolutio Number (this item): � q SPONSORED BY: PDs PROPOSED BY: PDS INTRODUCTION DATE: 3/11/03 ORDINANCE NO. 20n"{ -o2 i AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.22 — URBAN RESIDENTIAL MEDIUM DENSITY (URM) DISTRICT TO REMOVE "PROFESSIONAL OFFICES" AS A CONDITIONAL USE. WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, the City of Bellingham Planning Department submitted an application for a zoning text amendment on July 1, 2002; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - signifcance on February 12, 2003; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on January 30, 2003; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendments on February 13, 2003, considered all testimony; and WHEREAS, the Planning Commission recommended approval of the proposed text amendments on Thursday, February 13, 2003; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. The Urban Residential Medium Density (URM) District is located within the City of Bellingham Urban Growth Area (UGA), City of Lynden UGA, Birch Bay UGA, and the Sudden Valley Provisional UGA. 2. The Urban Fringe Subarea Plan, adopted in September 1997, establishes Whatcom County zoning designations for the northern portions of the City of Bellingham's Urban Growth Area (UGA) and identifies comparable future City zoning to be applied when UGA areas are annexed into the City. 3. Three areas within the Urban Fringe Subarea are designated Urban Residential Medium with a comparable future designation of Residential Multi, Planned. Page 1 "Professional offices" are allowed as a conditional use within the Urban Residential Medium zone, however, "professional offices" are not an allowable use in the Residential Multi, Planned zone. The Urban Fringe Subarea Plan, Draft Birch Bay Community Plan, City of Lynden Comprehensive Plan and Sudden Valley Community Association planning indicate that parcels within their respective planning areas that are zoned Urban Residential Medium are intended for future residential development only. CONCLUSION The Whatcom County Planning Commission concludes that "professional offices" in the Urban Residential Medium Density (URM) zone are inconsistent with the objectives of the Urban Fringe Subarea Plan, Draft Birch Bay Community Plan, City of Lynden Comprehensive Plan, and Sudden Valley planning. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance be amended as shown in Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 25 day of March 2003. WHATCOM COUNTY COUNCIL ATTEST W ATCOM COUNT/Y, WASHINGTON Dana Brown- Davis, Dan McShan "uncil Chair Clerk of the Council APPR kED as to fob (ppr ved ODenied Karen Frakes, Civil Deputy Prosecutor Pete Kremen, Executive Date: Page 2 WHO 11 Chapter 20.22 — Urban Residential Medium Density (URM) District 20.22.150 Conditional uses. Items indicated by an " *" are not allowed outside short term planning areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. .151 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar non - commercial uses.* .152 Public schools; and parochial or private schools; provided such schools shall be approved by the State Superintendent of Public Instruction. * .153 Churches, educational and religious training institutions, summer camps and cemeteries. .154 Retirement, boarding and convalescent homes; social and health rehabilitation centers; day care centers; mini -day care centers and adult care centers not in a family dwelling; and other health - related services consistent with the purpose of the district. .155 Rooming houses, or bed and breakfast lodgings. .156 Mobile home parks. .1570 Golf courses. .15860 Private, noncommercial boat docks, launches, ramps, Floats, moorages and boathouses pursuant to the Whatcom County Shoreline Management Program for owners of legal lots of record abutting the shoreline. The conditional sue permit shall be approved if the hearing examiner finds that the proposal will not be hazardous or disturbing to neighbors and all applicable zoning requirements are satisfied. The criteria of WCC 20.84.220 shall not apply.