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Home My WebLink Aboutord2003-026HIIATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -153 CLEARANCES Initial Date Date Received in Council Oire Agenda Date Aisined to: Originator: Kraig Olason 0328103 - _ ,1 if APR f — 1��3 (i�('erE i,uiira e',.;: 04108/03 Introduction Division Head: Sylvia Goodwin - y _, i, Planning and Development Dept. Head: Hat H. Hart, A LCP. 3 O6 l0 03 FLIrUG E. Prosecutor: Karen Fmkes illlr Purchasing /Budget: ,/03H'',p Executive: Peter Kremen SUBJECT: Ordinance to change the Official indoor County Zoning Text, amending Chapter 20.40, the AgricultureDistrier .9TTACAMENTS: (1) Proposed Ordinance (2) Agency Report with Attached Text (3) Staff Report Planning Commission Minutes SEPA review required? ( an ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO Requested Date: 'The Council must hold a hearing if they want to change the Planning Commission's recommendation (WCC 20.90.051). SL1ITMARYSTA TEMENT: The request is to amend the Official Zoning Text, Chapter 20.40 (WCC), Agriculture District to allow secondary uses subordinate to the agricultural use for businesses allowed to provide goods and services to agricultural producers under the Conditional Use provisions of WCC 20.40.162. A new option also under conditional use provisions of 20.40.150 that allow for commercial storage in existing farm buildings in the Agricultural Zone. Distribution Request Indicate those who should recei is copy pler Councilauion List specific names to the right ADS Facilities Management ADSPinance ADS Human Resources ADSI f Services Assessor Auditor Cooperative Extension District Court Executive Wafth Hearing Examiner Jail COUNCIL ACTION TAKEN: 2003 -153 418/2003: Introduced 4/2212003: Amended, Hearing to be held on May 6th 516/2003: Amended and adopted 7 -0, Ord #2003-026 Rela Related File Numbers: O, Juvenile Parks Planning Hal H. Hatt, Ad. C. P. Prosecutor Public Works Sh ri Superior Court Treasurer Other Ordinance or MResolutmANumber (this item): CRD 2 b SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 4/8/2 03 ORDINANCE NO. 2003 -026 AMENDING WHATCOM COUNTY CODE 20.40.162 TO ALLOW SECONDARY USES SUBORDINATE TO THE AGRICULTURAL USE AND ADDING A NEW SECTION TO WHATCOM COUNTY CODE, 20.40.166, ALLOWING FOR COMMERCIAL STORAGE IN THE AGRICULTURAL ZONE WHEREAS, Pursuant to WCC 20.90, proposed zoning text amendments shall be considered ; and WHEREAS, A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on February 12, 2003; and WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on, February 13, 2003; and WHEREAS, The Planning Commission held a public hearing on the proposed amendments on Thursday, February 27, 2003, and considered all testimony; and WHEREAS, The Planning Commission recommended approval of the proposed text amendment on February 27, 2003. WHEREAS, the Whatcom County Council finds this text amendment in the best interest of the public health, safety and welfare, based on the Whatcom County Planning Commission's Findings of Fact, Reasons for Action and Recommendations, attached as Exhibit 2. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance be amended as shown on Exhibit 1. 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 6 day of Nay 2003. WHATCOM COUNTY COUNCIL ATTES W TCOM COUNTY, ASF Dana Brown-Dav Da flounci Clerk of the Council / l Chair yP�/RJOVED� {as�to form (.eA=F�^ /r` ( - Karel rakes, Cfvil Deputy Prosecutor Pete Kremen, Ex EXHIBIT 1 Chapter 20.40 amended text. New language under Conditional Use Section (WCC 20.40.150) Item #1 .162 Commercial operations, except for mushroom composting operations, that directly provide aericultural goods or services to agrieultural epeFa4efs farmers With the intent of...,,,.. epAi ffg agricultural ,,.,..-..t,.._.. ineluding,. Examples of primary agricultural commercial operations include, but are not limited to: livestock auction facilities, hay sales and storage, sawdust sales and storage, farm equipment service and repair, farm chemical applicator establishments and secondary nonagricultural services if they are the same in type and function as the primary business and serve to compliment the primary business. The purpose of allowing secondary non- farm businesses in conjunction with agricultural goods and services businesses is to augment the viability of agricultural goods and services businesses as a means of ensuring that agricultural businesses continue to provide goods and services to farmers. °. :amt Applicants must satisfy the following criteria: (1) Agricultural Goods and Services (Primary) business. (-H(a) That locating the prospective commercial operation within the Agriculture District better serves the agricultural operator than if the commercial operation is located in another land use designation; (24(b) The site is better used for agricultural services than the permitted uses in WCC 20.40.051; and 04(c) The prospective commercial operation is limited to directly serving agricultural operators and does not include the manufacture of farm- related implements. (2) Non - agricultural (Secondary business). (a) Goods and services provided are the same in type and function as those provided to the agricultural sector and serve to compliment the primary business; (b) The secondary business remains subordinate to the primary business in respect to gross sales as evidenced by an affidavit of intent, signed by the owner, to be provided by owner at the time of plication The Countv reserves the right to require the submission of subsequent affidavits signed by both the business owner and the owner's Certified Public Accountant, not more then annually thereafter; (c) The secondary business does not require additional area beyond that necessary for the primary business. (d) The addition of a secondary business shall be conditionally approved if the Hearing Examiner determines that the secondary business is consistent with the applicable zoning regulations and complies with WCC 20 84 220(1) to (8) providing such change does not require the provision of water and sewer utility services at a level greater than that currently available to the subicet property, and that the new use does not result in greater impacts upon surrounding properties than did the original use. Exhibit 2 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION & RECOMMENDATIONS AMENDING WHATCOM COUNTY CODE 20.40.162 TO ALLOW SECONDARY USES SUBORDINATE TO THE AGRICULTURAL USE AND ADDING A NEW SECTION TO WHATCOM COUNTY CODE, 20.40.166, ALLOWING FOR COMMERCIAL STORAGE IN THE AGRICULTURAL ZONE WHEREAS, Pursuant to WCC 20.90, proposed zoning text amendments shall be considered ; and WHEREAS, A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on February 12, 2003; and WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on, February 13, 2003; and WHEREAS, The Planning Commission held a public hearing on the proposed amendments on Thursday, February 27, 2003, and considered all testimony; and WHEREAS, The Planning Commission recommended approval of the proposed text amendment on February 27, 2003, NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION AND RECOMMENDATION: FINDINGS OF FACT AND REASONS FOR ACTION 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald February 13, 2003. 2. The Planning Commission held a public hearing on the subject amendment on February 27, 2003. 3. A determination of non- significance under the State Environmental Policy Act (SEPA) was made on February 12, 2003, prior to review of the amendment by the Planning Commission. 4. An extended downturn in the farm economy has resulted in economic hardship for farmers and their suppliers. 5. Item #1 of the proposal enhances businesses that provide agricultural goods and services to the farming community by allowing those businesses to conduct a secondary business of the same type and function as their agricultural business so long as the business remains subordinate to the primary business. Exhibit 2 6. Item #1 and #2 of the proposal comply with the Whatcom County Comprehensive Plan, specifically Goal 8A and Policies 8A -4 through 8A -3 of the Resource Chapter. 7. Item # 2 of the proposal would allow for the utilization of empty farm buildings and therefore aid farmers economic viability. 8. Item #2 of the proposal, would limit the use of agricultural buildings for commercial storage to only those that were allowed outright under WCC 20.40, not structures that were permitted through the Conditional Use permitting process. 9. Whatcom County's Agricultural Advisory Committee has reviewed the proposal at their regular meetings of December 8, 2002, January 8, 2003 and February 5, 2003, and has recommended approval of the provisions in Item #1 but not Item #2. CONCLUSIONS Item #1 of the proposed amendment does not conflict with the planning goals of the Growth Management Act (RCW 36.70A.020), is consistent with the Whatcom County Comprehensive Plan and would help to retain existing, and encourage new farm support businesses. 2. Item #2 of the proposed amendment does not conflict with the planning goals of the Growth Management Act (RCW 36.70A.020), is consistent with the Whatcom County Comprehensive Plan and would help to retain existing and encourage new farm support businesses. Based upon the above proposed findings and conclusions, the Planning Commission recommends that the County Council approve both Item #1 and #2 of the proposed amendment. WHATCOM COUNTY PLANNING COMMISSION Dave Pros, Chairperson 2 -7 0 Date Date Hal H. Hart, Secretary 3- �7--D3