HomeMy WebLinkAboutord2003-029WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
2003 -173
CLEARANCES
tnlf I
Date Date Received in Council 0 ic
Agenda Date
Ass i action
Originator: Elastic h K. Olsen
3103103
APR 15 2003
� �'(�`.i
April 22• `03
Introduction
5/6/03
P & D / Council
Division Head: Sylvia Good win
Dept Head: Hat H. Hart, A.LCP.
Prosecutor: Karen brakes
Purctasing/Budgen
Execmne: Peter Kremer
��
Y,IS•
SUBJECT:
To mnenrd the Official Whatcom County Zoning Ordinance, Title 20, by clarifying existing code language, eliminating conflict and
duplication in the code language.
ATTACHMENTS:
(1) Proposed Ordinance with Attachment "A"
(2) Agency Report
(3) Staff Reports for Code Scrub #1, October 4, 2002, and Code Scrub #2, November 5, 2002.
(4 ) Plannnn & Commission Public Hearing Minutes for October 10, 2002, December 12, 2002, andJanumy 23, 1003.
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x' ) NO
Requested Date:
'The Council must hold a hearing ifthey want to change the Planning
Commission's recommendation(WCC20.90.051).
SUMMARY STATEMENT.-
.9 request to clarify existing code language in the Official Whatcom County
Zoning Ordinance, Title 20, to eliminate conflict and duplication.
Distribution Request
Ind /care those who should mmrc a oom alter Cmwdl action
List spec0le names to the right.
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN:
2003- 173 4/22/2003'. Adopted 7-
5/6/2003: Atlop[etl 7 -0, Ord #2003-29
cis
Related File Numbers: File #ZON2002 -00012
Juvenile
Parks
Planning
HaI K HaH, A.l.GP.
Prosecutor
Public Works
sheriff
Superior Court
Treasurer
Other
Ordinance or Resohrtipn Number .
(this Item):Z DA J
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE: 4/22/03
ORDINANCE NO. 2003 -029
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING CODE,
TITLE 20, TO CLARIFY EXISTING CODE LANGUAGE
WHEREAS, Regulatory reform is the act of clarifying existing code language by
eliminating conflict, duplication and scrivener's errors in code language; and
WHEREAS, Whatcom County Planning and Development Department staff developed a
list of changes to Title 20 to clarify existing code language; and
WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham
Herald on Thursday, September 26, 2002 and Thursday, November 28, 2002; and
WHEREAS, the Whatcom County SEPA Official issued a Determination of Non -
significance on October 3, 2002; and
WHEREAS, the Whatcom County Planning Commission held public hearings and work
sessions addressing the proposed amendments on Thursday, October 10, 2002, Thursday,
December 12, 2002, and January 23, 2003, and considered all testimony; and
WHEREAS, the Whatcom County Planning Commission unanimously recommended
approval of the amendments; and
WHEREAS, the Whatcom County Council held a public meeting on April 22, 2003, to
consider these amendments and approved the Planning Commission's recommendations; and
WHEREAS, the Whatcom County Council found the amendments in the best interest of
the public health, safety and welfare; and
WHEREAS, the County Council has adopted the following Findings of Fact and
Conclusions:
FINDINGS OF FACT AND REASONS FOR ACTION
The Whatcom County Zoning Ordinance, Title 20, currently includes language that is
duplicative and conflicting with other language.
3. A regulatory reform strategy has been developed that is designed to correct errors,
improve readability and efficiency in the Land Use Title 20 of the County Code.
4. The first step in the regulatory reform strategy is the "code scrub ", a general clean -up of
Title 20 for clarity in code language.
Page 1
5. The text changes will not result in more restrictive regulation.
6. There are no substantive policy issues involved in the proposed changes.
7. The minor text changes will clarify meaning by adding or deleting certain words in the
text.
8. The text changes will make language consistent with most current state statutes.
9. The text changes will make language consistent with subsequently adopted county
statutes.
10. The text changes will correct obvious flaws or errors in syntax that yield unreasonable
conclusions or interpretations.
CONCLUSION
The proposed code scrub changes are a necessary first step in Whatcom County's initiative to
improve readability and efficiency of the Whatcom County Code, Title 20.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Code, Title 20, be amended as indicated in Attachment
"A ", Regulatory Reform: Proposed Code Scrub Amendments.
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 May , 2003.
AATTTE�ST:� _
Dana Brown - Davis, Clerk of the Council
APPROVED as to form
Karen Fakes, Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Page 2
,�M / /)i -
Dan McShaos, Chairperson
( rApproved ( ) Denied
�P�eteKre end
Date:
Whatcom County Planning and Development Dept ATTACHMENT "A„
FILE #ZON2002 -00012 - Code Scrub
REGULATORY REFORM
Proposed Code Scrub Amendments
WCC Title 20
1) 20.80.565 Access.
Any parking area shall be designed in such a manner that any vehicle leaving or entering the
parking area from or into a public or private street shall be traveling in a forward motion. Access of
driveways for parking a reas o r I oading s paces shall be located i n s uch a way that a ny vehicle
entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or
motorist approaching the access or driveway from a public or private street. This requirement shall
apply to parking areas of two or less required spaces only when exits are on state highways and
major county arterials and collectors. Clear vision areas shall be maintained at exits to the same
specifications as alley- street intersections in WGG 29- 842281(3) WCC 20.80.210(3). No building
permit shall be issued until an access plan is approved by the county engineer. (Ord. 87 -12, 1987;
Ord. 87 -11, 1987).
2) 20.42.350 Building setbacks
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback Requirements).
Building setbacks for parcels of less than five nominal acres shall be administered pursuant to
%n ac 20A() oovo) (Ord oo non 1992; Ord 86 no 1986) WCC 20.80.256(4).
(Ord. 99 0080, 1999; Ord. 99 -0058, 1999).
3) 20.85.109 Lot sizes, building spacing and height, improvement coverage, and yard
requirements.
(1) The minimum lot size, lot width and yard requirements of the underlying zone district may be
waived provided the project meets the design standards of this section.
(2) Building Spacing and Setbacks: The spacing between main buildings shall be at least
equivalent to the spacing which would be required between buildings similarly developed on
separate parcels conforming to the underlying zone district's setback requirements. This spacing
and setback requirement may be reduced when it is demonstrated:
(a) A better or more appropriate design can be achieved by not applying the provision of the
zoning district;
(b) That compensating design and /or structural measures are used to ensure the protection of
the users and inhabitants (of the development) health, safety and welfare, including but not
necessarily limited to visual and acoustical privacy, and adequate light and air; and
(c) That any perimeter treatment required by WCC 20.85.104 is met.
(3) Maximum Coverage: Building coverage and development coverage of individual parcels may
exceed the percentage permitted by the underlying zone; provided that the overall coverage of the
project as a whole does not exceed the percentage permitted by the underlying zone.
(4) Height:
(a) For ^r^ ects n urban areas b Building height may exceed the maximum permitted in the
underlying zone by 50 percent; provided that the project design protects adjacent uses both inside
and outside of the PUD from adverse impacts on privacy, light and air.
(b) For projects R RGRurbaR areas, bu Id Rg he ght shall nnt exceed the I m is established by
eti. URderly
(5) Lot Width: Where the design is such that light, air and privacy can be provided, especially for
living spaces and bedrooms, a narrower lot width may be permitted.
1
4/3/2003
Whatcom Counw Plannlno and Development
Dept.
ATTACHMENT
"A"
FILE #ZON2002 -00013- Code Scrub
4) 20.83.130 Affidavit of nonconforming use.
When a nonconforming use of a property is challenged through a complaint from the public or by
initiative of the zoning administrator, the burden of proof of applicability of WCC 20.83.010 above,
shall rest with the property owner. The owner may shall make public record of his right of
nonconforming land use status by filing an affidavit of nonconforming use with the zoning
administrator that contains the legal description of the affected property, the purpose for which the
property is used and any other facts necessary as evidence to verify the legitimacy of the
nonconformity. The affidavit shall be accompanied by a filing fee as listed on the current fee
schedule. The zoning administrator or designee shall make a site examination to verify the
nonconforming use and endorsed upon the affidavit if found to be as represented by the applicant.
The a dministrative d etermination to e ndorse or not to e ndorse a n onconforming u se may be
appealed under WCC 20.92.210(2). (Ord. 87 -12, 1987; Ord. 87 -11, 1987).
5) 20.34.010 Purpose.
The purpose of this district is to allow for a harmonious mixture of residential, retail commercial,
public uses and those light industrial uses associated with agriculture, forestry and fishing. In
addition, the district requires that new light industrial, retail commercial and residential uses
complement the rural character by adherence to the goals and policies of the Lummi Island
Subarea and Whatcom County Comprehensive Plan. Furthermore, the purpose of this district is to
provide the option for residential uses to arrange in cluster development patterns while reserving
tracts of land for rural uses and potential future resubdivision in accordance with the adopted
zoning density requirements, as applied to the entire subdivision or short subdivision. In addition,
the district provides for density transfer to preserve land and water quality. (Ord. 99 -069, 1999;
Ord. 98 -083 Exh. A § 34, 1998). In addition Lummi Island Scenic Estates shall be administered
under the RR -1 Zone District regulations. (Ord. 87 -12. 1987; Ord.87 -11, 1987) .
6) 20.42.010 Purpose.
The purpose of this district is to implement the forestry designation of the appropriate subarea
Comprehensive Plan by providing the opportunity for nonindustrial landowners to manage their
land for long -term productivity, and sustained use of forest resources. In addition, the district
encourages the management of land for wildlife, aesthetics, and other noncommodity values. It
also provides for uses that are compatible with these activities, while maintaining water quality and
soil productivity. (Ord. 98 -083 Exh. A § 66, 1998; Ord. 92 -094, 1992; Ord. 91 -023, 1991; Ord. 86-
42, 1986). Lummi Island Scenic Estates shall be administered under the RR -I Zone District
regulations. (Ord. 87 -12. 1987: Ord.87 -11, 1987).
7) 20.80.254 Industrial district
(1) Light Impact Industrial District.
(a) All setbacks shall be increased by one foot for each foot of building height which exceeds
35 feet.
(b) The building setbacks of WCC 20.80.210 shall not apply to utility or security structures
such as poles, meters, fences, guard structures and the like. In addition, the zoning administrator
may reduce side and rear yard setbacks for other structures as provided by WCC 20.80.254(1)(d).
(c) Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.66.550 (Buffer Area).
(d) The zoning administrator may reduce or eliminate side and rear yard setbacks from side
and rear property lines that are aet adjoining a aeaindustrial district; provided, that the
administrator finds that all of the following provisions are met:
4/3/2003
Wnafcom County Planning and Development
Dent.
ATTACHMENT
"A„
FILE NZON2002- 00012 - Code Scrub
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements
including roof overhangs will not cross property boundaries, and a stormwater management plan
has been provided that shows that runoff will be diverted to on -site drainage facilities;
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership interest in the
property adjacent to the side or rear yards to be reduced stipulate in writing, on forms provided by
the zoning administrator, to the reductions. The zoning administrator may require a title report to
establish the ownership interests in the adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain accidental
spills on -site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the reduced
setback create a circumstance that does not comply with W CC 20.80.210(3), vision clearance.
8) 20.97.040
Building Height.
'Building height' means the vertical distance above a reference datum measured to the highest
point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable or a pitched or hipped roof. The reference datum shall be selected by either of the
following, whichever yields a greater height of building:
(1) The elevation of the highest adjoining sidewalk or ground surface within a five -foot horizontal
distance of the exterior wall of the building when such a sidewalk or ground surface is not more
than 10 feet above lowest grade.
(2) An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface
described in paragraph 1 above is more than 10 feet above lowest grade. The height of a stepped
or terraced building is the maximum height of any segment of the building. Mobile homes shall also
meet these building height standards.
Exceptions: Towers, spires, steeples and cupolas eFeGted as paFt Of a bu Id Rij and not used for
habitation o r s forage may a xceed t he m aximum b uilding h eight i n a ny zone d istrict b y 20 f eet;
additional height may be approved by conditional use permit; provided the exceptions allowed by
this paragraph shall not apply to wireless communications facilities. (Ord. 2000 -006 § 6, 2000; Ord.
87 -12, 1987; Ord. 87 -11, 1987; Ord. 85 -70, 1985).
9) 20.80.070
Lot Consolidation
.072 Any owner of lots subject to consolidation hereunder may apply for administrative approval
for relief from the provisions of WCC 20.83.070 on the grounds that such requirements place an
unreasonable burden upon the property affected. In evaluating such a claim, the zoning
administrator shall grant consolidation relief if all of the following circumstances apply:
(1) That each lot has a water and sewer service from a public provider or an on -site water and
sewage disposal system approved by the Whatcom County department of health and human
services.
(2) That each lot has a building site, exclusive of building setbacks, at least 40 feet wide and 40
feet deep, which is not located within the Lake Whatcom watershed (except as otherwise provided
4/3/2003
Whatcom County Plannino and Development
Dept
ATTACHMENT
"A"
FILE #ZON2002 -00012 - Code Scrub
in subsection (5) of this section) or other water resource protection overlay district, a designated
critical area, or an area zoned agriculture, rural forestry or commercial forestry.
(3) That each lot has legal and physical access to a public or private road improved to county
road standards.
(4) The proposed consolidation relief meets the approval criteria of WCC 20.84.220(3) through
(8).
(5) Lot consolidation relief shall be allowed within the Bellingham urban growth area portion of
the Lake Whatcom watershed, if the site is serviced by public water and sewer; provided, that the
resulting number of lots does not exceed the density provisions of the UR3 zoning district.
The procedures for administrative approval uses (WCC 20.84.235) shall be
followed when processing a lot consolidation relief application, except that the approval criteria of
WCC 20.84.220(1) and (2) shall not apply.
10) 20.97.145 Floor area.
"Floor area" is the area included within the surrounding exterior walls of a building or portion
thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not
provided with surrounding exterior walls shall be the usable area under the horizontal projection of
the roof or floor above.
11) 20.66.050 Permitted uses.
Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant
to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements), Chapter 20.84
WCC (Variances, Conditional Uses and Appeals) and Chapter 20.86 WCG (PFGGedwes 449F Ligh
and Heavy pact Rdlustrial ^'St� ^t ^^^ ^ ^t'^^°` the Whatcom County SEPA Ordinance, the
Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management
Program.
12) 20.22.502 Mobile home and recreational vphin ^ parks.
Mobile home and -^ F ^ ^t ^ ^^ ^ o
.
h'^ ^ parks shall maintain a minimum of 40 percent of the site
free of buildings, structures, hard surfacing, parking areas and other impervious surfaces. (Ord. 87-
12, 1987; Ord. 87 -11, 1987; Ord. 84 -38, 1984).
13) Scrivener's Error and Addition to WCC Title 20:
20.42.105 Home occupations, when in compliance with the following:
(1) The occupation or profession shall be carried out wholly within the principal or
accessory buildings, and
(2) Not more than two persons outside the immediate family shall be employed in the home
occupation.
14) Scrivener's Error and Addition to WCC Title 20:
20.40.109 Home occupations, when in compliance with the following:
(1) The occupation or profession shall be carried out wholly within the principal or
accessory buildings, and
(2) Not more than two persons outside the immediate family shall be employed in the home
occupation.
4
4/3/2003
WHATCOM COUNTY PLANNING COMMISSION
FINDINGS OF FACT, REASONS FOR ACTION &
RECOMMENDATIONS
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO
CLARIFY EXISTING CODE LANGUAGE
WHEREAS, The first phase of the regulatory reform strategy is to clarify existing code
language by eliminating conflict and duplication in code language; and
WHEREAS, the Whatcom County Planning and Development staff developed a list of
changes to Title 20 to clarify existing code language; and
WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham
Herald on Thursday, September 26, and November 28, 2002; and
WHEREAS, a Determination of Non - significance was issued under the State
Environmental Policy Act (SEPA) on October 3, 2002; and
WHEREAS, the Whatcom County Planning Commission held public hearings on the
proposed amendments on Thursday, October 10, 2002, and Thursday, December 12, 2002,
and considered all testimony; and
NOW THEREFORE BE IT RESOLVED:
THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT AND
REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATION:
FINDINGS OF FACT AND REASONS FOR ACTION
1. The Whatcom County Zoning Ordinance, Title 20, currently includes language that is
duplicative and conflicting with other language.
2. A regulatory reform strategy has been developed that is designed to correct errors,
improve readability and efficiency in the Land Use Title 20 of the County Code.
3. Legal notice was published in the Bellingham Herald on Thursday, September 26, and
November 28, 2002; and
4. A Determination of Non - significance was issued under the State Environmental Policy Act
(SEPA) on October 3, 2002; and
5. The Whatcom County Planning Commission held public hearings on the proposed
amendments on Thursday, October 10, 2002, Thursday, December 12, 2002, and January
23, 2003, and considered all testimony; and
6. The text changes will not result in more restrictive regulation.
7. There are no substantive policy issues involved in the proposed changes.
8. The minor text changes will clarify meaning by adding or deleting certain words in the
text.
9. The text changes will make language consistent with most current state statutes.
10. The text changes will make language consistent with subsequently adopted county
statutes.
CONCLUSIONS
The proposed code scrub changes are a necessary first step in W hatcom County's initiative to
improve readability and efficiency of the Whatcom County Code, Title 20.
Based upon the above findings of fact and conclusion, the Whatcom County Planning
Commission unanimously recommends approval of the proposed text changes as shown in
"Exhibit A ".
WHATCOM COUNTY PLANNING COMMISSION
David Pros, Chairperson
Hal H. Hart, Secretary
Vote taken on October 10, 2002 December 12 2002 and January 23 2003 at regularly
scheduled Planning Commission meetings.
Commissioners voting:
DAVE PROS, JOHN STEENSMA, RON ROOSMA, AL SCHREIBER, DANNA BEECH,
ROBERT WIESEN, GEOFF MENZIES, DICK GILDA AND DAVID HUNTER,
Ayes: 9 Nays: 0 , Abstain: 0 Motion carried to adoptthe above Findings of Fact and
Reasons for Action and Recommendation.
Attachments:
EXHIBIT A: Regulatory Reform: Proposed Code Scrub Amendments
File # ZON2002 -00012 October 4, 2002
Code Scrub #1 Staff Report, Page 1
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES
STAFF REPORT
I. BACKGROUND INFORMATION
File # ZON2002 -00012
File Name: Title 20 - Regulatory Code Scrub
Applicant: Whatcom County
Public Notice: Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on
Thursday, September 26, 2002. A public hearing is scheduled for Thursday, October 10, 2002, at
1:30 pm.
SEPA: A Determination of Non - Significance was issued by the Deputy SEPA Official for Whatcom
County on October 3, 2002.
Summary of Request: The request is to amend certain portions of the official Whatcom County
Zoning Ordinance, Title 20, for administrative purposes. The amendments are designed to eliminate
minor problems such as unnecessary duplication, conflict, lack of clarity and simple errors.
Regulatory Effects of the Request:
The term "code scrub' refers to regulatory amendments to the Whatcom County Code that result in
simple and straightforward improvements to regulatory text. These include minor changes that staff, in
the daily act of interpreting Title 20, discover are either duplicated, or are in conflict, have been
deleted in another section or can be misconstrued.
The following conditions will ensue if the requested text changes are approved
1. The text changes will not result in more restrictive regulation.
2. There will be no substantive policy issue involved. Minor changes in the text will clarify the
meaning of the text such as addition or deletion of certain words.
3. The text change will result in making language more consistent with language of the most
current state statute.
4. The text change will result in making language consistentwith subsequent adopted county
statutes.
5. The text change will correct obvious flaws or errors in syntax that yield unreasonable
conclusions or interpretations.
6. The changes will result in minor changes in text that change meaning but do not represent
a substantive change in policy, such that the addition of a new, previously not thought of
use to a list of permitted uses.
File # ZON2002 -00012 October 4, 2002
Code Scrub #1 Staff Report, Page 2
Background: Whatcom County Planning and Development Department staff has developed a
preliminary list of items for "code scrub" attention. An analysis of these "code scrub" items for
correction or substitution will result in fewer errors and confusion in interpretation, and will improve
readability and efficiency in the code.
The proposed code scrub amendments were submitted by various staff members of the Whatcom
County Planning and Development Department as discrepancies were brought to staffs' attention
whilst interpreting the codes.
II. PROPOSED AMENDMENTS
1) 20.80.565 Access
... Clear vision areas shall be maintained at exits to the same specifications as alley- street
intersections in WCC 20.80.294210(3).
Discussion: There appears to have been a scrivener's error in the text referring to this
particular section of Title 20. In researching the origin of the possible error back to the original
text of the Code of January 1987, the "clear vision area" for entry or exit of a parking area off
or onto a street (formerly WCC 20.80.420(3)) refers now to WCC 20.80.210(3), Minimum
Setbacks, Vision Clearance. Staff could find no reference anywhere of a section WCC
20.80.291(3).
Recommendation: The recommendation is to replace "WCC 20.80.291(3)" with the correct
reference of "WCC 20.80.210(3) ".
2) 20.42.350 Building setbacks
Building setbacks shall be administered pursuant to WCC 20.80.200 (Setback
Requirements). Building setbacks for parcels of less than five nominal acres shall be
administered pursuant to WCC 20.80.283( ^) '^--' ^^ ^^" ' ^^^; ^-d °C "^ ^^OC 256(4)
(Ord. 99 -0080, 1999; Ord. 99 -0058, 1999).
Discussion: Section 283 of WCC 20.80 was deleted in 1999 when revisions were made
regarding potential conflicts of interest of property owners adjacent to Forestry designated
land and forest harvest activity. Itwas subsequently addressed in a rewrite of Chapter 20.80,
addressing Buffers and Landscaping.
Recommendation: The recommendation is to replace "WCC 20.80.283(3). (Ord.92 -094,
1992: Ord. 86 -42)" with the correct reference to "WCC 20.80.256(4). (Ord. 99 -0080, 1999;
Ord. 99- 0058,1999).
3) 20.85.109
(4) Height:
(a) Per ' Building height may exceed the maximum permitted in
the underlying zone by 50 percent; provided that the project design protects
adjacent uses both inside and outside of the PUD from adverse impacts on privacy,
light and air.
(b
Discussion: Planned Unit Development (PUD) is applicable in any zone district within an
urban growth area and short term planning area but not in a nonurban area therefore (b) is not
applicable for this section of the WCC.
File # ZON2002 -00012
October 4, 2002
Staff Reoort. Pace 3
Recommendation: The recommendation is to delete subsection (b) completely. In modifying
section (4) in this manner, the first phrase of sub(a) will be omitted and the sentence regarding
building height reformatted to read:
(4) Height: Building height may exceed the maximum permitted in the underlying zone
by 50 percent; provided that the project design protects adjacent uses both inside
and outside of the PUD from adverse impacts on privacy, light and air.
4) 20.83.130 Affidavit of nonconforming use.
When a nonconforming use of a property is challenged through a complaint from the
public or by initiative of the zoning administrator, the burden of proof of applicability of WCC
20.83.010 above, shall rest with the property owner. The ownershall make public record
of his right of nonconforming land use status by filing an affidavit of nonconforming use with
the zoning administrator that contains the legal description of the affected property, the
purpose for which the property is used and any other facts necessary as evidence to verify the
legitimacy of the nonconformity.
Discussion: Because of the mandatory interpretation of this section, the word "may' can be
interpreted as being permissive. The more authoritative interpretation that should be used is
"shall ".
Recommendation: The recommendation is to delete the word "may', replacing it with "shall"
in the second of the two sentences of this section.
5) 20.83.140 Developed subdivisions in forestry zones.
Residential or recreational subdivisions substantially developed and located within
Forestry Zones shall be subject to standards as shown below:
(1) Lun i Island Scenic Estates shall be administered under the RR -I Zone District
regulations. (Ord.87 -12, 1987: Ord. 87 -11, 1987).
Discussion: Lummi Island Scenic Estates, which was platted between 1959 and 1965, is not
specifically referenced in either W CC Chapter 20.34 (Rural Residential - Island, RR -I) or W CC
Chapter 20.42 (Rural Forestry, RF), although it is overlain by the Rural Forestry zone
designation. The above section of Chapter 20.83, which deals with Nonconforming Uses and
Parcels, is the only reference in Title 20 of how the Lummi Island Scenic Estates (LISE)
should be administered. A cross reference of the USE plats in Chapter 20.34 and Chapter
20.42 of the introductory Purpose statement, and emphasized, will be important to the staff
who administer the code.
Recommendation: It is recommended that a separate sentence, in bold, be included in the
Purpose statement of Chapters 20.34 and 20.42 stating:
20.34.010 Purpose.
The purpose of this district is to allow for a harmonious mixture of residential, retail
commercial, public uses and those light industrial uses associated with agriculture, forestry
and fishing. In addition, the district requires that new light industrial, retail commercial and
residential uses complement the rural character by adherence to the goals and policies of the
Lummi Island Subarea and Whatcom County Comprehensive Plan. Furthermore, the purpose
of this district is to provide the option for residential uses to arrange in cluster development
patterns while reserving tracts of land for rural uses and potential future resubdivision in
accordance with the adopted zoning density requirements, as applied to the entire subdivision
File # ZON2002 -00012 October 4, 2002
Code Scrub #1 Staff Report, Page 4
or short subdivision. In addition, the district provides ford ensitytransfer to preserve land and
water quality. (Ord. 99 -069, 1999; Ord. 98 -083 Exh. A § 34, 1998). Lummi Island Scenic
Estates shall be administered under the RR-I Zone District regulations. (Ord. 87.12,
1987; Ord.87.11, 1987).
And:
20.42.010 Purpose.
The purpose of this district is to implement the forestry designation of the appropriate
subarea Comprehensive Plan by providing the opportunity for nonindustrial landowners to
manage their land for long -term productivity, and sustained use of forest resources. In
addition, the district encourages the management of land for wildlife, aesthetics, and other
noncommodity values. It also provides for uses that are compatible with these activities,
while maintaining water quality and soil productivity. (Ord. 98 -083 Exh. A § 66, 1998; Ord.
92 -094, 1992; Ord. 91 -023, 1991; Ord. 86 -42, 1986).
Lummi I stand S cenic Estates s hall be administered under the R R -I Zone D istrict
regulations. (Ord. 87 -12, 1987; Ord.87.11, 1987).
III. ANALYSIS OF PROPOSED AMENDMENTS
The factors that are to considered in evaluating a proposed amendment are set forth in WCC
20.90.060 and case law. These factors are set forth and addressed below.
➢ Whether the initiated rezone or text amendment conforms to the requirements of GMA, is
internally consistent with the Plan and is consistent with the County -Wide Planning
Policies and any interlocal planning agreements executed pursuant to the GMA.
Comprehensive Plan
The following text, goals and policies provide direction in the review of existing land use regulations.
Regulations
It is very important to Whatcom County citizens to maintain local control over land use decisions. At
the same time 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.
GOAL 2D: 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-3: Streamline development regulations to eliminate unnecessary time delays.
> The amendment must bear a substantial relationship to the public health, safety, morals, or
welfare.
The recommended Title 20 text amendments which impact land use or development standards will
protect public health, safety and welfare in the fact that the amendments clarify the regulatory effects
of WCC Title 20.
> Anticipated effect upon critical areas and resource lands.
File # ZON2002 -00012 October 4, 2002
Code Scrub #1 Staff Report, Page 5
There will be no anticipated effect upon critical areas and resource lands.
Other anticipated effects on the Comprehensive Plan, its policies and objectives, that,
in the opinion of the Department, warrant consideration by the Planning Commission.
Staff has not identified any other anticipated effects that warrant consideration by the Planning
Commission.
IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION
1. A determination of non - significance was issued under the State Environmental Policy Act
(SEPA) on October 3, 2002.
2. Legal notice was published in the Bellingham Herald on September 26, 2002,
3. A public hearing was held on the subject amendments on October 10, 2002.
4. There is no substantive policy issue involved. M inor changes i in t he text will clarify t he
meaning of the text such as substitution, addition or deletion of certain words.
5. The recommended Title 20 text amendments which impact land use or development
standards will protect public health, safety and welfare in the fact that the amendments clarify
the regulatory effects of W CC Title 20.
V CONCLUSION AND RECOMMENDATION
Based on the above analysis and findings, staff recommends that the W CC Title 20 text amendments
be brought into regulatory effect and Title 20 be amended.
ATTACHMENTS
Staff recommended text amendments to WCC Title 20, specifically in Chapter 20.80.565, Chapter
20.42.350, Chapter 20.85.109, Chapter 20.83.130, Chapter 20.34 and Chapter 20.42.
ATTACH. "A" TO CODE SCRUB #1
October 4, 2002
1) 20.80.565 Access
Recommendation: "WCC 20.80.210(3) ".
2) 20.42350 Building setbacks
Recommendation:
"WCC 20.80.256(4).
(Ord.
99 -0080,
1999; Ord.
99 -0058,
1999).
3) 20.85.109
Recommendation:
(4) Height: Building height may exceed the maximum permitted in the
underlying zone by 50 percent; provided that the project design
protects adjacent uses both inside and outside of the PUD from
adverse impacts on privacy, light and air.
4) 20.83.130 Affidavit of nonconforming use.
Recommendation: The recommendation is to delete the word "may', replacing
it with "shall' in the second of the two sentences of this section.
5) Cross Reference 20.83.140 Developed subdivisions in forestry zones.
20.34.010 Purpose.
The purpose of this district is to allow for a harmonious mixture of residential,
retail commercial, public uses and those light industrial uses associated with
agriculture, forestry and fishing. In addition, the district requires that new light
industrial, retail commercial and residential uses complement the rural character
by adherence to the goals and policies of the Lummi Island Subarea and
Whatcom County Comprehensive Plan. Furthermore, the purpose of this district
is to provide the option for residential uses to arrange in cluster development
patterns while reserving tracts of land for rural uses and potential future
resubdivision in accordance with the adopted zoning density requirements, as
applied to the entire subdivision or short subdivision. In addition, the district
provides for d ensity transfer to p reserve I and and water q uality. ( Ord. 99 -069,
1999; Ord. 98 -083 Exh. A § 34, 1998). Lummi Island Scenic Estates shall be
administered under the RR -I Zone District regulations. (Ord. 87 -12, 1987;
Ord.87 -11, 1987).
And:
20.42.010 Purpose.
The purpose of this district is to implement the forestry designation of the
appropriate subarea Comprehensive Plan by providing the opportunity for
nonindustrial landowners to manage their land for long -term productivity, and
sustained use of forest resources. In addition, the district encourages the
ATTACH. "A" TO CODE SCRUB #1
October 4, 2002
management of land for wildlife, aesthetics, and other noncommodity values. It
also provides for uses that are compatible with these activities, while maintaining
water quality and soil productivity. (Ord. 98 -083 Exh. A § 66, 1998; Ord. 92 -094,
1992; Ord. 91 -023, 1991; Ord. 86 -42, 1986).
Lummi Island Scenic Estates shall be administered under the RR -I Zone
District regulations. (Ord. 87 -12, 1987; Ord.87 -11, 1987).
File # ZON2002 -00012 November 5, 2002
Code Scrub #2 Staff Report Page 1
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES
STAFF REPORT
I. BACKGROUND INFORMATION
File # ZON2002 -00012 ( #2, Continued)
File Name: Title 20 - Regulatory Code Scrub
Applicant: Whatcom County
Public Notice: Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on
Thursday, November 28, 2002. A public hearing is scheduled for Thursday, December 12, 2002, at
6:30 pm.
SEPA: A Determination of Non - Significance was issued by the Deputy SEPA Official for Whatcom
County on October 3, 2002.
Summary of Request: The request is to amend certain portions of the official Whatcom County
Zoning Ordinance, Title 20, for administrative purposes. The amendments are designed to eliminate
minor problems such as unnecessary duplication, conflict, lack of clarity and simple errors.
Regulatory Effects of the Request:
The term "code scrub" refers to regulatory amendments to the Whatcom County Code that result in
simple and straightforward improvements to regulatory text. These include minor changes or additions
that staff, in the daily act of interpreting Title 20, discover are either duplicated, or are in conflict, have
been deleted in another section or can be misconstrued.
The following conditions will ensue if the requested text changes are approved
1. The text changes will not result in more restrictive regulation.
2. There will be no substantive policy issue involved. Minor changes in the text will clarify the
meaning of the text such as addition or deletion of certain words.
3. The text change will result in making language more consistent with language of the most
current state statute.
4. The text change will result in making language consistent with subsequent adopted county
statutes.
5. The text change will correct obvious flaws or errors in syntax that yield unreasonable
conclusions or interpretations.
6. The changes will result in minor changes in text that change meaning but do not represent
a substantive change in policy, such that the addition of a new, previously not thought of
use to a list of permitted uses.
File # ZON2002 -00012 November 5, 2002
Code Scrub #2 Staff Report Page 2
Background: Whatcom County Planning and Development Department staff has developed a
preliminary list of items for "code scrub" attention. An analysis of these "code scrub" items for
correction or substitution will result in fewer errors and confusion in interpretation, and will improve
readability and efficiency in the code.
The proposed code scrub amendments were submitted by various staff members of the Whatcom
County Planning and Development Department as discrepancies were brought to staffs' attention
whilst interpreting the codes.
IL PROPOSED AMENDMENTS
1) 20.80.254 Industrial districts
(1) Light Impact Industrial District.
(d) The zoning administrator may reduce or eliminates ideand rear yard setbacks from
side and rear property lines that are fief adjoining an € gAindustrial district; provided,
that... etc.
Discussion: There is a double negative in this sentence which is unnecessary and, atworse,
confusing. Eliminating this double negative allows the reader to better comprehend the
regulations immediately.
Recommendation: The recommendation is to eliminate the double negative properties in the
regulatory sentence allowing the sentence to be read as
20.80.254 Industrial districts
(1) Light Impact Industrial District.
(d) The zoning administrator may reduce or eliminate side and rear yard setbacks from
side and rearproperty lines thatare adjoining an industrial district; provided, that..etc.
2) 20.97.040 Building height.
"Building height" ...etc.
Exceptions: Towers, spires, steeples and cupolas not
used for human habitation or storage may exceed the maximum height in any zone by 20 feet;
Discussion: Due to architectural design and cultural influences, building designs do not
always adjoin or have appurtenances such as towers, spires, steeples and cupolas as part of
their integral building design. For simplicity, it has been requested of staff to omit the portion of
the sentence relating to these structures as being erected as part of a building.
Recommendation: The recommendation is to omit the portion of the regulatory sentence
"erected as part of a building and ", refining the regulatory sentence to read:
20.97.040 Building height.
"Building height" ...etc.
Exceptions: Towers, spires, steeples and cupolas not used for human habitation or
storage may exceed the maximum building height in any zone by 20 feet;.
3) Whatcom County Code Title 20 - Index — Z
Zoning
Home Occupations
File # ZON2002 -00012 November 5, 2002
Code Scrub #2 Staff Report Page 3
El district 20.35.101
R district 20.36.101
RC district 20.64.104
RR district 20.32.101
RR 1 district 20.34.101
STC district 20.61.102
UR district 20.20.101
URM district 20.22. 101
UR -MX district 20.24. 101
Discussion: Home occupations are an accessory use in all zone designations except in the
Rural Forestry zone and the Agricultural zone. The'Home occupation' use was deleted from
the Permitted Uses section of Chapter 20.42 by Ordinance 2001 -012 when Cottage Industries
was added to the Administrative Approval Uses but inadvertently not deleted from the index of
Home Occupations under'Z' for zoning, nor added to section 20.42.100, for Accessory Uses.
There is a difference in the interpretation between 'Home occupation' and 'Cottage industry'.
Staff proposes that'Home occupations' be added to the Accessory uses in the Rural Forestry
zone to bring into consistency the intent of the code, see Item 4.
Recommendation: The recommendation is to amend the WCC Index — Z, Zoning, under
Home Occupations, to read:
Index —Z, Zoning
Home Occupations
El district 20.35.101
R district 20.36.101
RC district 20.64.104
RF district 20.42.105
RR district 20.32.101
RR 1 district 20.34.101
STC district 20.61.102
UR district 20.20.101
URM district 20.22.101
UR -MX district 20.24.101
4) Chapter 20.42.050 Rural Forest District— Permitted uses.
20.42.057 Deleted by Ord. 2001 -012
Discussion: This former permitted use in the Rural Forestry zone, Home occupations, was
deleted by Ordinance 2001 -012. The intent of the Ordinance was to better delineate Home
Occupations as Accessory uses to the specific zones. The transference of Home Occupations
from Permitted uses to Accessory uses was inadvertently omitted.
Recommendation: The recommendation is to add Home Occupations in the Accessory
uses section of the Rural Forestry chapter of Title 20, reading:
20.42.100 Accessory uses
.105 Home occupations pursuant to WCC20.97.180
File # ZON2002 -00012 November 5, 2002
Code Scrub #2 Staff Report Page 4
5) 20.83.070 Lot Consolidation
.072 (last paragraph of subsection)
The procedures for administrative approval uses (WCC 20.84.32 shall be
followed ...etc.
Discussion: There has been a transposition of numbers in the printing of the WCC section
dealing with Administrative Approval uses, there is no section numbered 20.84.325.
Recommendation: The WCC section should read as follows:
20.83.070 Lot Consolidation
.072 (last paragraph of section)
The procedures for administrative approval uses (WCC 20.84.235) shall be
followed ...etc.
6) 20.97.145 Floor area
"Floor area"
Discussion: The above definition is outmoded. Staff of the Building and Development
Services Department use the 1994 Uniform Building Code definition of'floor area' which, in
turn, should be substituted in the W hatcom County Code, Title 20.97, Definitions, as being the
most recent and self - explanatory definition.
Recommendation:
It is recommended
that the
new wording
of the definition of the
expression 'floor area'
reads as follows:
20.97.145 Floor area
7) 20.66.050 Permitted uses
Unless otherwise provided herein, permitted and accessory uses shall be
administered pursuant to the applicable provisions of Chapter 20.80 WCC
(Supplementary Requirements), Chapter 20.84 WCC (Variances, Conditional Uses
and Appeals) Chap.... 2946 fop Light and ____•
the Whatcom County SEPA Ordinance ...etc.
Discussion: Sometime during mid 1987, for code scrub reasons at that time, and during
subsequent research by staff, Chapter 20.86 WCC was deleted. Under that
circumstance, the paragraph with the clause referring to Chapter 20.86 and the
Procedures for Light and Heavy Impact Industrial District Applications should be
omitted.
Recommendation: The opening paragraph for 20.66.050 shall be read as follows:
File # ZON2002 -00012
Code Scrub #2
November 5, 2002
20.66.050 Permitted uses
Unless otherwise provided herein, permitted and accessory uses shall be
administered pursuant to the applicable provisions of Chapter 20.80 WCC
(Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional
Uses and Appeals), the Whatcom County SEPA Ordinance ...etc.
8) 20.22.502 Mobile home parks.
Mobile home parks shall maintain a minimum of40 percentof
the site free of buildings, etc.
Discussion: A recreational vehicle park is not a permitted use, nor an accessory use, nor
an administrative approval use, neither a conditional use in the Urban Residential —
Medium (URM) District. Mention is made only of Mobile home parks as a Conditional
use, 20.22.156.
There is also, on that account, a scrivener's error on the Title page for Chapter 20.22
in the Sections:
20.22.502 Mobile home parks.
Recommendation: Both pages which refer to 20.22.502 as Mobile home and recreational
vehicle parks shall be corrected by deleting any reference to "and recreational
vehicle'.
III. ANALYSIS OF PROPOSED AMENDMENTS
The factors that are to considered in evaluating a proposed amendment are set forth in WCC
20.90.060 and case law. These factors are set forth and addressed below.
"r Whether the initiated rezone or text amendment conforms to the requirements of GMA, is
internally consistent with the Plan and is consistent with the County -Wide Planning
Policies and any interlocal planning agreements executed pursuant to the GMA.
Comprehensive Plan
The following text, goals and policies provide direction in the review of existing land use regulations.
Regulations
It is very important to W hatcom County citizens to maintain local control over land use decisions. At
the same time 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.
GOAL 2D: 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 -3: Streamline development regulations to eliminate unnecessary time delays.
File # ZON2002 -00012 November 5, 2002
Code Scrub #2 Staff Report, Page 6
> The amendment must bear substantial relationship to the public health, safety, morals, or
welfare.
The recommended Title 20 text amendments which impact land use or development standards will
protect public health, safety and welfare in the fact that the amendments clarify the regulatory effects
of W CC Title 20.
> Anticipated effect upon critical areas and resource lands.
There will be no anticipated effect upon critical areas and resource lands.
> Other anticipated effects on the Comprehensive Plan, its policies and objectives, that,
in the opinion of the Department, warrant consideration by the Planning Commission.
Staff has not identified any other anticipated effects that warrant consideration by the Planning
Commission.
IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION
1. A determination of non- significance was issued under the State Environmental Policy Act
(SEPA) on October 3, 2002.
2. Legal notice was published in the Bellingham Herald on November 28, 2002.
3. A public hearing was held on the subject amendments on December 12, 2002.
4. There is no substantive policy issue involved. M inor changes i n t he text will c larify t he
meaning of the text such as substitution, addition or deletion of certain words.
5. The recommended Title 20 text amendments which impact land use or development
standards will protect public health, safety and welfare in the fact that the amendments clarify
the regulatory effects of W CC Title 20.
V CONCLUSION AND RECOMMENDATION
Based on the above analysis and findings, staff recommends that the W CC Title 20 text amendments
be brought into regulatory effect and Title 20 be amended.
Staff recommended text amendments to WCC Title 20, specifically in Chapter 20.80.254, Chapter
20.97.040, Chapter 20.42.105 (twice), Chapter 20.83.072, Chapter 20.97.145, Chapter 20.66.050
and Chapter 20.22.502.
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
October 10, 2002
Call To Order: The meeting was called to order in the Planning Library, 5280 Northwest Drive, Suite
A, Bellingham at 6:35 p.m.
Roll Call: Bob Wiesen, Geoff Menzies, Ron Roosma, Danna Beech, Al Schreiber, Dave Pros, John
Steensma and David Hunter.
Staff Present: Hal Hart, Sylvia Goodwin, Elizabeth Olsen, Matt Aamot, and Becky Garvey.
Approval of minutes of the September 12, 2002 meeting.
Beech moved to approve the minutes as written. Dave Pros seconded. Motion carried.
Director's Dialog
Hart: I have a handout for you showing the permits issued through September. For September we
doubled last years total. Manufactured home permits have been very high also.
For the 2002 budget the largest single item is the Tidemark computer permit system. We will tie in
the Health Department by the end of 2003.
We have a seasonal land clearing group working on the Lake Whatcom issues. Before the issue
comes to the Planning Commission we are trying to get a broad base consensus on some of the
issues such as whom it applies to and where and when it applies. Also the feasibility of it. We don't
want to have to hire additional personnel. It would also apply to Drayton Harbor.
Regarding the City of Lynden and the PDR issue we would like to have negotiations wrapped up
before March. We will be appointing a committee to look at the target areas.
Ron Roosma in attendance at 6:38 p.m.
Wiesen: You mentioned manufactured homes and I have talked to people setting them up who say
the rules have changed regarding set -up. Why the change?
Hart: There was a statewide code change.
Wiesen: Another issue is now it appears that codes don't allow the use of salvaged lumber unless
the grade stamp is still on it.
Hart: I'm not sure about that.
Roosma: I've been told people are being made to put in wetlands where none have existed before.
Hart: To the untrained eye it may appear there is no wetland, but you also have to look at the soil
and hydrology. Maybe before agricultural use there were wetlands.
Public Hearings
Open Space Timber Application:
Continuation of a tabled application from John Sand /Joseph Slevin: 400111 - 449385 9185 W. 29
Drive, Y< mile north of Haynie Road, 5.7 acres.
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
October 10, 2002
Elizabeth Olsen presented the staff report. The issue at the previous meeting was the property
being sold from Slevin to Sand. The sale has now been completed. This is a new Timber
Management Plan which is required with a change of ownership. The acreage in open space will be
5.7 acres.
Beech moved to accept staff's recommendation of approval. Menzies seconded. Motion carried.
Open Space /Open Space Application:
Continuation of a tabled application from Trillium Corp /Foxglove: LLC 380323 — 315066, - 366066, -
363470, - 430470, - 494470, - 430340, - 360340, - 298340, - 252406 in the vicinity of 1890 North
Shore Road, +/- 200 acres.
Elizabeth Olsen presented the staff report. This parcel was in the process of being purchase by the
City of Bellingham.
John Syre, Trillium Corporation, 2202 Teal Court, Bellingham: We had planned on doing a lower
density development on the property. There are 40 water shares for the property. Then the
moratorium was put into effect. We then felt it would be better to sell the property to the City of
Bellingham to protect the watershed. During that process it was necessary to put it into Open
Space /Open Space. This particular property has limited access. I talked to the City regarding the
access and we concluded the best access would be from the northwest.
Olsen: The property is classified designated forest.
Wiesen: Does this give them a tax advantage?
Olsen: This is a commercial timber designation from the DNR.
Wiesen: Is there any tax consequence to Trillium because there won't be a harvest?
Syre: Yes. Since we have sold the property there will be seven years back taxes due.
If the property is kept in the current designation and sold back taxes will be due.
Beech: If the designation is changed you would be penalized.
Syre: There is no commercial timber on property.
Pros: Can a person who doesn't own property change the designation?
Olsen: Yes, during the transfer of ownership the change of designation happens.
Pros: Is there precedence for this?
Olsen: This has been done in the past.
Hunter: If the city wants to change the designation they should put in an application.
Wiesen: The problem is the city is coming outside their limits and buying land. This is classified as
viable timberland.
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
October 10, 2002
Syre: We won't be able to harvest this land. It has critical areas and no viable timber. We applied
for this before the sale took place and the city wants this.
Pros: Is there liability for Planning Commission since this process started when Trillium still owned
the property?
Hunter: I'm not concerned about liability because they didn't send anyone to represent themselves.
Beech moved for denial, Hunter seconded.
Syre: We are doing this for the benefit of the community. We are not able to put it into a designation
that further protects it. I am going to have to pay taxes on this parcel that I was going to work as
timberland. I did not develop. I sold it to the city with idea it will stay in open space.
Goodwin: Would you consider an amended application? They could add the city to the application.
Beech: I restate my motion and move to table the application, pending an amendment adding the
city, and review it at our next meeting. Motion carried.
File # ZON2002 -00009 — An application of William S. Tetsch to rezone approximately 12.30 acres
from Rural one dwelling /ten acres (R10A) to Rural one dwelling /five acres (R5A). The site is located
at 8443 Kickerville Rd. at the southwest corner of Loomis Trail Rd. and Kickerville Rd. (Assessor's
parcel # 400120 493489).
Matt Aamot presented the staff report. The site is at the southwest corner of Kickerville and Loomis
Trail Roads. The area is rural in character. There is a golf course to the northwest, the zoning to
the south is R10A, zoning to the north is RSA, and to the west is the Urban Growth Area. The site
contains five critical areas. The first is a shellfish habitat conservation area. There is a wetland with
a 100 foot buffer. At the southern boundary is California Creek and a small tributary. They contain
Coho and trout. The Whatcom County Comprehensive Plan designates the site rural. This
designation encourages ten acre development. However since the adoption of the Comprehensive
Plan in 1997 about 650 acres have been rezoned from R10A to R5A bringing the total amount of
R5A zoning to over 81,000 acres. Staff is concerned that the cumulative effect of multiple rezones is
undermining the language in the Comprehensive Plan that encourages 10 acre development in rural
areas. The R5A zoning constitutes about 70% of the zoning in the rural area. There must be
changed conditions in order to approve a rezone. The application indicates a need for rural lots of
less than 10 acres and greater than five acres for medium to high income housing. There are over
24,000 acres of R5A in the northwest portion of the county that could accommodate about 3,200
more dwelling units. In the Birch Bay /Blaine subarea there are about 6,000 acres zoned R5A that
could accommodate approximately 850 dwelling units. The applicant also stated there was concern
about providing utilities to the site. Staff does not find there are changed conditions and
recommends denial.
Pros: Wouldn't this be spot rezone?
Aamot: The criteria for spot zoning says it has to be totally different from the surrounding zoning.
This property is adjacent to R5A zoning.
The Public Hearing was opened.
William Tetsch, 8443 Kickerville
Road:
The
reason for
the
application is
we want
to
get
water
to
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
October 10, 2002
other side of Spring Creek, which divides my property in half. The only alternative way to get water
and power is to cross the creek. I was informed by Birch Bay /Jackson Water District that the only
way to get water is a new parcel.
Wiesen: Is there a structure there now?
Tetsch: No.
Hunter: Why do you need water there?
Tetsch: For outbuildings. I currently have a hose going across the creek.
Hunter: What are the changed circumstances?
Tetsch: There are none from a year ago.
Beech: How will you get another parcel number through a rezone?
Tetsch: I'll short plat.
Jeanne Manner, 8444 Kickerville Road: I live directly across from the applicant. It's not just a matter
of crossing the stream. There is also a ravine. You can't just dig a trench. You have the fish habitat.
His only access is on the other side.
Pros: Mr. Tetsch, could you dig a well?
Tetsch: I haven't researched that.
The Public Hearing was closed.
Work Session
Wiesen: (To Goodwin) If the applicant wanted to run water and power across the creek from his
existing home to an accessory building what kind of problems would he have?
Goodwin: He may need a shoreline permit.
Aamot: California Creek is in the shoreline jurisdiction, Spring Creek is not.
Roosma moved to approve staff's recommendation of denial. Menzies second.
Roll Call Vote: Ayes — Beech, Hunter, Menzies, Pros, Roosma, Schreiber, Steensma, Wiesen;
Nays — 0; Absent — Gilda. Motion carried 8.0.1.
FILE# ZON2002- 00008- An application of Malibu Associates to change approximately 90 acres in
the Birch Bay Urban Growth Area from Long Term Planning Area to Short Term Planning Area. The
site is north of Grandview Road on both sides of Pt. Whitehorn Road (tax parcels 395102 451070
and 521153).
Sylvia Goodwin presented the staff report. This is a request to move 90 acres in the Birch Bay
Urban Growth Area (UGA) from a long term to short term planning area. This is a zoning action that
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
October 10. 2002
does not require a Comprehensive Plan amendment. Areas in the long term planning area are held
to one house per five acres and can't have access to water and sewer until they become short term
planning areas. Birch Bay has a large UGA. The main issue in the Birch Bay UGA was water and
the impact on wetlands. After the Comprehensive Plan was adopted the Point Whitehorn area was
added to the short term planning area because it had sewer and some of the lots were consolidated.
This parcel is contiguous to the Pt. Whitehorn property already in short term. There is no interlocal
with the Birch Bay Water /Sewer District but we did approve an amendment to the Birch Bay
Water /Sewer Comprehensive Plan that allowed sewer service through this area. For two years we
have been working on the Birch Bay Community Plan and part of that plan was working with the
Birch Bay Water /Sewer District to make sure there would be adequate services for the UGA. Police,
fire, and schools are all addressed in the Birch Bay Community Plan, which has been completed but
not adopted. There is a question if more land is needed in Birch Bay and the consensus is it is a
rapidly growing area and there is a need for more land. The County did not do an adequate job of
drawing the short term /long term areas in the first place because so much of the area is wetlands.
This land, if zoned Urban Residential, could be developed at four units per acre. Because of
wetlands it will reduce this density.
Hunter: In the last report we had the argument was there is sufficient developable property in the
Birch Bay area.
Goodwin: I believe there is sufficient property within the UGA. This land is already in the UGA. The
issue you are bringing up is do we need to add more acreage outside the UGA. We need more
developable land in the short term planning area. I believe this meets the criteria and recommend
approval.
Pros: Has there been any thought of making this a TDR receiving area?
Goodwin: There is thought of making any rezone a TDR receiving area. This area is already zoned
UR4 so this is not an expansion or rezone. There are three citizen letters before you, which mention
concerns in the area such as wildlife, road access, the sewage treatment plant, runoff /drainage,
industrial traffic, power outages, school bus transport, and the level one hazard from the BP
ammonia plant.
Pros: What is the county's liability regarding the kill zone?
Goodwin: I don't know if the county has a any liability, but it's something to look at in the EIS when a
subdivision is done.
Pros: How does this affect Trillium's position for wanting housing in the adjacent area?
Goodwin: I don't know. This area is already zoned for residential development and further away
from BP than Trillium's property.
Wiesen: Did you receive any comments from BP?
Goodwin: No.
The Public Hearing was opened.
Donovan Kehrer, 748 Marine Drive: I am here tonight with the applicant. Water and sewer is
available at the site. At the time the Comprehensive Plan was done it was the plan that the long
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
October 10, 2002
term areas would convert to short term as the area developed and services became available. Birch
Bay Park separates north Birch Bay from south Birch Bay and this is the only property left in the
south Birch Bay UGA that has any development potential.
Pros: Have you looked at what might happen in the kill zone?
Kehrer: I will defer that to Mr. Hertz.
Ken Hertz 420 S. Parkwood Drive: I am one of three owners. The other owners are Hank Jansen
and Jerry and Heidi Doornenbal. We have feel five acre zoning is the worst possible use of the
property. It has been delineated for wetlands. Out of the 90 acres there is approximately 45 acres
next to the park that will not be developed to the possible density. The Millennium Trail will be going
through this site and we want to plan with that in mind and also with the stormwater in mind. We
had at one time planned to log the site and have since decided development makes more sense.
We will be logging a small portion of the site for safety concerns. In relation to BP and the kill zone
we are all in the kill zone in Birch Bay. I don't think it will be a major concern.
Pros: How many lots will you be developing?
Hertz: It will depend on the market demand. It may be 120 -180 lots.
Pros: Do you know if there will be any affordable housing?
Hertz: I don't know.
Stephanie Johnson, 7063 Birch Bay Drive: I've watched this acreage be empty for the last 30 years.
Is affordable housing the same as low income housing? This is a sensitive issue in this area. 30
years ago there was low income housing put in and it has been a problem. We are at the far end of
the county. We have four sheriffs to cover this area which is a great burden.
Danny Phiefer, 5282 Grandview Road: I can't see all those people in that area. If anything happens
there is no way to get out. There needs to be an escape route.
Ann -Marie Sather, 7010 Helwig Lane: I was not notified of this proposal. I am concerned about
wetlands, runoff, and wildlife in the area. There is a lack of resources and services nearby, schools
in particular. Law enforcement is an issue.
The Public Hearing was closed.
A short break was taken.
Work Session
Beech: I would like to make a request of staff that the names behind a group are disclosed.
Schreiber moved to accept staff's recommendation for approval. Menzies seconded.
Roosma: I would like to make an amendment to approve the 50% that parallels Birch Bay Drive.
The motion failed for lack of a second.
Hunter: I'm going to oppose this. The problem is there are places on other side of park that should
RECORD OF PROCEEDINGS OF THE
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October 10, 2002
be developed at this time until the rest of the Birch Bay area is resolved. I think it is odd to develop
this area when there are more appropriate places near the UGA.
Steensma: Developing this area may put more pressure on developing to the south.
Roll Call Vote: Ayes — Beech, Menzies, Pros, Schreiber, Wiesen; Nays — Hunter, Roosma,
Steensma; Absent — Gilda. Motion carries 5 -3 -1.
File #ZON2002.00012 — A request to amend the Official Whatcom County Zoning Ordinance, Title
20. The amendments are designed to clean up minor problems such as unnecessary duplications,
conflict, lack of clarity and simple errors. None of these changes will result in additional or more
stringent regulatory language.
Elizabeth Olsen presented the staff report. We have five changes. They are to 20.80.565,
20.42.350, 20.85.109, 20.83.130, and 20.83.140.
The Public Hearing was closed.
Work Session.
Beech moved to accept staff's recommendation of approval. Schreiber seconded. Motion carried.
Birch Bay Subarea Plan Update
Goodwin: The Birch Bay Committee had their final meeting and did not make any modifications to
the plan. The plan went forward to the county SEPA official who made a determination of
significance. The plan will not move forward to you until an EIS is done. This may take six months
to one year. If you have comments on the scope of work for the EIS they need to be in by October
29'".
Menzies: Can you tell us how the SEPA determination was made?
Goodwin: The initial thought was we could do a phased review under SEPA. We got additional legal
information that stated phased review is not appropriate in this issue because we would have to look
at the impact of residential zoning.
Menzies: Who is paying for the EIS?
Goodwin: Trillium has agreed to pay for the majority of the EIS but no one has come forward to pay
for the rest. If nobody else wants to contribute there may never be an EIS and the project may be
permanently on hold.
Hart: If this were to happen the Birch Bay Committee may reassess the plan and pull the Cherry
Point area out.
Goodwin: The county could reassess it and bring it forward as a county proposal. The study for the
plan should have stayed at the Birch Bay Subarea boundary. The community said they wanted to
include Cherry Point. We should have been more firm in not allowing this.
Pros: Are we allowing people to come
in and lecture
us?
Wiesen: We only deal with items on
the agenda,
but maybe
we should
have time for people to
RECORD OF PROCEEDINGS OF THE 8
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting October 10, 2002
comment.
Goodwin: We can put it on the agenda.
The meeting was adjourned at 9:27 p.m.
Minutes prepared by B. Garvey.
WHATCOM COUNTY PLANNING COMMISSION ATTEST:
Bob Wiesen, Chair
Hal H. Hart, A.I.C.P., Secretary
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
December 12. 2002
Roosma: I would like to have an oversight committee for wetlands issues, so if there is a complication
people can go to the committee for an unbiased opinion.
Hart: When there is a problem we send a second staff person out.
Public hearing
File #ZON2002.00012 — A request to amend the Official Whatcom County Zoning Ordinance, Title 20.
The amendments are designed to clean up minor problems such as unnecessary duplications,
conflict, lack of clarity and simple errors. None of these changes will result in additional or more
stringent regulatory language.
Elizabeth Olsen presented the staff report.
Olsen: There are eight minor but important amendments.
Amendment 1 to 20.80.254
Olsen: This is the elimination of a double negative.
Gilda moved to approve the proposed change. Menzies seconded. Motion carried.
Amendment 2 to 20.97.040
Olsen: This is an amendment to building heights. We are having problems with certain
religious /cultural buildings that have edifices apart from the building. We want to allow for exceptions
to increase height.
Pros moved to approve the proposed change. Menzies seconded. Motion carried.
Amendment 3 to Index — Z and amendment 4 to 20.42.057 20 42 100
Olsen: In the index home occupations are allowed in all the zone districts as accessory uses. We
have a problem in the Rural Forestry District 20.42.057 it was deleted, but left in the index. I am
striking it out. We are adding it as an accessory use to 20.42.105.
Gilda moved to approve the proposed changes. Roosma seconded. Motion carried.
There was discussion regarding home occupations not being allowed in the Ag Zone. Sylvia will
research the issue and bring it back to the Commission.
Amendment 5 to 20.83.070
Olsen: This is a transposition of the last three digits. WCC 20.84.325 should be WCC 20.84.235.
Pros moved to approve the proposed change. Menzies seconded. Motion carried.
Amendment 6 to 20.97.145
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December 12. 2002
Olsen: The definition we use for floor area is outdated and not used by Building Services. They use
the wording from the 1994 Uniform Building Code.
Menzies moved to approve the proposed change. Hunter seconded. Motion carried.
Amendment 7 to 20.66.050
Olsen: The Land Use staff asked what Procedures for Light and Heavy Impact Industrial District
applications means. This wording was deleted in the late 1980's but never taken out of the code.
Hunter moved to approve the proposed change. Pros seconded. Motion carried.
Amendment 8 to 20.22.502
Olsen: This is a scriveners error. We don't have recreational vehicle parks any more.
Menzies moved to approve the proposed change. Pros seconded. Motion carried.
Hunter moved to approve the proposed findings and facts. Pros seconded. Motion carried.
Hunter: I am concerned AI Schreiber has moved out of the area and not submitted his resignation.
Staff will contact AI and ascertain his plans.
The meeting was adjourned at 8:40 p.m.
Minutes prepared by B. Garvey.
WHATCOM COUNTY PLANNING COMMISSION ATTEST
Bob Wiesen, Chair Hal H. Hart, A.I.C.P., Secretary
RECORD OF PROCEEDINGS OF THE 4
WHATCOM COUNTY PLANNING COMMISSION
Regular Meeting January 23, 2003
Roll Call Vote — Ayes: Hunter, Menzies, Pros, Steensma, Wiesen; Nays: Roosma; Abstain: Burdge,
Schreiber: Absent: Beech. Motion carries 5- 1 -2 -1.
Goodwin: We further researched the home occupations issue you brought up at a previous meeting
You noticed home occupations are not listed as an allowed use in the agricultural zone. The initial
staff recommendation was to allow it as an accessory use in all residential zones. Previously it had
been taken out of the agricultural zone. In my staff report I recommended it be added back in the ag
and rural forestry zones. When the ordinance was adopted home occupations were not added. Our
recommendation now is to add home occupations as an accessory use to the ag and rural forestry
zones. You could do that with a majority vote and bring it forward as a code scrub.
Wiesen so moved. Roosma seconded. Motion carried.
Pros: I would like to request anything in packet have a brief description. Anything continued by the
Planning Commission I would like the information given telling me why it was continued and any new
information.
Goodwin: I want to give you an update on our work program. I have given you the tentative meeting
schedule. Also included is the five year plan. The largest project we have is the seven year review
of the Comprehensive Plan. We have completed five chapters. We will finish some this year and be
done in 2004. The most controversial item is the review of the Bellingham Urban Growth Areas
(UGA). All the small cities are o.k. with their boundaries. This year Birch Bay wants to expand their
UGA. We will be working on the Bellingham Urban Fringe this year. We had a meeting with the
Bellingham City staff who gave us some maps and figures. They show an infill capacity of 14,078
units, a demand for 26,000 units, which is a shortage of 12,000 units. The options are to infill within
the city by increasing density, infill in the UGA by increasing density, or expand the UGA. One of the
biggest hurdles is what to do about SEPA. Who is going to pay for it? Also included in the packet
are the proposed 2003 Comprehensive Plan amendments.
Menzies: I want to invite everyone to the third annual Drayton Harbor open house on Saturday. The
county Planning Department is putting together a presentation which will show the watershed, the
buildout, and impervious surfaces.
The meeting was adjourned at 8:18 p.m
Minutes prepared by B. Garvey.
WHATCOM COUNTY PLANNING COMMISSION ATTEST:
Dave Pros, Chair Hal H. Hart, A.I.C.P., Secretary