HomeMy WebLinkAboutord2003-052WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 - 317 A
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Ong. Dept.: Planning& Develop
9/3/2003
E C E
SEP 0 8 2003
WHATCOM COUN
COUNCIL
003
Introduction
Division Head'.
9-23'03
P4 CcubuL . tu
Dept. Head:
Prosecutor
Budget:
Executive
SUBJECT:
Ordinance amending Title 20, Chapters 20.72, and 20.97
ATTACHMENTS
SUMMARYSTATEMENT:
Related County Contract M. Should the Clerk schedule a hearing? (Y/M N Requested Date'.
The request is to amend the Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.72 - Point Roberts Special
District, and Chapter 20.97 - Definitions to further implement the goals, policies, and projects of the 2001 Point Roberts
Subarea Plan adopted by the County Council on December 11, 2001 by Ordinance 2001 -073.
MOTION (for final action):
COUNCIL ACTION TAKEN
2003 -317A 91912003: Introduced
10/21/2003'. Amended and adopted, 0 -1, CrawfoN opposed,
Ord #2003 -052
Related File Numbers: Ordinance or Resolution Number (this item only):
m. +ZoR3-052
SPONSORED BY: PDs
PROPOSED BY: PDS
INTRODUCTION DATE: 9/9/03
ORDINANCE NO. 20C3 -052
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER
20.72 - POINT ROBERTS SPECIAL DISTRICT AND CHAPTER 20.97 - DEFINITIONS TO
FURTHER IMPLEMENT THE GOALS, POLICIES AND PROJECTS OF THE 2001 POINT
ROBERTS SUBAREA PLAN.
WHEREAS, the W hatcom County Council adopted Ordinance #2001 -073 implementing the
2001 Point Roberts Subarea Plan; and
WHEREAS, the 2001 Point Roberts Subarea Plan includes goals, policies and projects
related to tourism, economic development, recreational opportunities, natural resources, and so on;
and
WHEREAS, W hatcom County Code Title 20, Chapter 20.72 implements portions of the Point
Roberts Subarea Plan; and
WHEREAS, pursuant to W CC 20.90, proposed zoning amendments shall be docketed for
consideration once per year; and
WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance
on July 22, 2003; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on June 26, 2003; and
WHEREAS, the Whatcom County Planning Commission held a public hearing in Point
Roberts on the proposed amendments on July 10, 2003, considered all testimony, and
recommended approval of the proposed amendments; and
WHEREAS, the W hatcom County Council held a work session on September 23,2003; and
WHEREAS, the W hatcom 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 AND CONCLUSIONS
1. The 2001 Point Roberts Subarea Plan was adopted on December 11, 2001.
2. The adopted 2001 Point Roberts Subarea Plan includes goals, policies and projects which
provide direction forfurther updates of WCC Title 20, the Point Roberts Character Plan, the
M
Whatcom County Shoreline Management Program and the Whatcom County Subdivision
Ordinance.
3. Amendments to WCC Chapter 20.72 — Point Roberts Special District, implementing the
2001 Subarea Plan, were adopted on March 26, 2002, by ORD2002 -019.
4. Additional opportunities to amend Title 20 were identified as necessary to further implement
the goals and policies of the 2001 Subarea Plan and were initiated for consideration and
review as part of the 2002 Zoning Amendment Docket.
5. Point Roberts Subarea Plan Project 1.3.1 specifies that "a tree preservation and retention
ordinance be incorporated into the zoning code."
6. Point Roberts Subarea Plan Project 1.8.5 states that "the County shall, upon adoption of this
Plan, revise all text of the APO to exclude the Point Roberts area."
7. There are no agriculture, forestry or mineral resource lands of long -term significance that
have been designated pursuant to RCW 36.70A.170 in Point Roberts.
8. The Whatcom County Agriculture Advisory Committee does not oppose removal of Point
Roberts from the Agriculture Protection Overlay provisions due to the isolated nature of Point
Roberts as it relates to local markets, limited water availability for irrigation, and lack of
contribution to the "critical mass" of Whatcom County's agricultural land base.
9. Point Roberts Subarea Plan Goal 3.2 "support[s] commercial development that provides
recreational opportunities for residents and visitors."
10. Point Roberts Subarea Plan Goal 3.3 "encourage[s] the creation of bed and breakfasts."
11. The 1990 Point Roberts Subarea Plan Background Document recommends that
"environmental review for development proposals should address archaeological resources."
12. Whatcom County Comprehensive Plan Policy 10E -8 states that "the county shall promote
preservation of identified archaeological, historic, and cultural resources:'
13. Section 20.72. 652 - Archaeological resources has been reviewed by the Washington State
Office of Community Development - Office of Archaeology and Historic Preservation for
consistency with State regulations.
14. Whatcom County Comprehensive Plan Policy 7K-4 states that the County should "consider
establishing more resource and tourism based recreational, commercial, and industrial uses
to create economic opportunity in the rural areas of the county."
15. The Point Roberts Planning and Development Committee reviewed draft amendments to the
Point Roberts Transitional Zone District (WCC 20.37) and the Point Roberts Special District
(WCC 20.72) on January 24, March 28, and June 27, 2003 and provided comments.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
=A
Section 1. The Official W hatcom 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 21st day of October , 2003.
;ATTES
Dana Brown- Davis,
Clerk of the Council
APPROVED as to form
Karen Frakes, Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATC M COUNTY, WASHINGTON
U�
Dan McShane, Council Chair
Approved O Denied
PMF,rKrefien, Executive
Date: �012A 103
Page 3
2001 Subarea Plan Implementation Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21 2003
'The following proposed zoning text amendments, identified by single underline and single
6#iketpceugh -text, were recommended for approval by the Whatcom County Planning
Commission at their regularly scheduled meeting on July 10, 2003.
"Alternate text amendments to section 20.72.652, identified by double underline and double
text, have been proposed by PDS staff in coordination with the Washington State
Office of Archaeology and Historic Preservation in response to comments received from the
Lummi Nation Historic Preservation Office. Proposed amendments to section 20.72.653, also
identified by double underline and text, have been proposed to be
administratively consistent with the tree canopy retention requirements of the Title 20
amendments adopted by County Council on October 7, 2003 (ORD #2003 -049).
Chapter 20.72
POINT ROBERTS SPECIAL DISTRICT
Sections:
20.72.010
Purpose.
20.72.020
Application.
20.72.022
Area and applicability.
20.72.050
Permitted uses.
20.72.100
Accessory uses.
20.72.130
Administrative approval uses.
20.72.150
Conditional uses.
20.72.200
Prohibited uses.
20.72.250
Minimum lot size.
20.72.260
Maximum density.
20.72.270
Subdivision requirements. Repealed,
20.72.350
Building setbacks /buffer areas.
20.72.400
Height
limitations.
20.72.650
Development criteria.
20.72.651
Facility design.
20.72.652
Areas 9 GPeGial Sign fiGanGP And tree FeteRtkIR Archaeologic5l resources.
20.72.653
Sile designhview GOFFidoFs Tree canopy retention
20.72.6543
Site design/view corridors.
20.72.6554
Public restrooms and trash facilities.
20.72.656_5
Vehicular access.
20.72.6576
Nonvehicular access.
20.72.6587
Drainage.
20.72.6598
Parking.
20.72.010 Purpose.
Point Roberts is a unique area of Whatcom County because of its relatively small size,
its mixed development character patterrt, its relative isolation and
the constraints on normal growth patterns caused by the impact of access only via an
international border crossing. This geographic isolation from the remainder of Whatcom Countv
complicates the direct application of other zone
districts within this title. The Point Roberts Special District is an overlay zone which wig imposes
additional controls and creates opportunities not available in the underlying zone districts to fit
them —te the needs of Point Roberts. This district is designed to protect the unique rural
2001 Subarea Plan Implementation Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21 2003
character of Point Roberts while allowing '^• FneFe- effiGie ^rf'^ ^^ opportunities for - community growth
and self- reliance.
20.72.020 Application.
20.72.022 Area and applicability.
The Point Roberts Special District is an overlay zone which covers the entire geographic
area of Point Roberts. Any regulations contained herein which are more restrictive than those in
the underlying zone districts or in the Shoreline Management Program shall apply.
Opportunities, or lesser restrictions, shall also override the requirements of the underlying zone.
However, if the provisions of this chapter conflict with the provisions of the Shoreline
Management Program, then the most restrictive shall apply. _
20.72.050 Permitted uses.
All permitted uses in the underlying zone districts are permitted except as expressly
prohibited or made conditional, or further conditioned by this chapter. In addition, the following
uses are permitted:
.051 In the RC zone, bed and breakfast lodgings
20.72.100 Accessory uses.
All accessory uses in the underlying zone districts are permitted as accessory uses.
20.72.130 Administrative approval uses.
All administrative approval uses in the underlying zone districts
are permitted except as expressly prohibited or made conditional, or further conditioned by this
chapter. In addition, the following uses are shall ie permitted subject to administrative approval
pursuant to WCC 20.54.235:
.135 One private, noncommercial, recreational vehicle or park model trailer and one
accessory guest RV per lot; provided, that the following minimum requirements and standards
are met and /or followed:
(1) All recreational vehicles that remain on the site for more than 14 consecutive days
shall be connected to a permitted on -site sewage system or public sewer.
(2) Maximum length of stay of any recreational vehicle on a lot shall not exceed 120
days per calendar year, provided, that no accessory guest RV shall remain on the subject lot for
more than 14 consecutive days nor more than 30 days total per calendar year.
(3) All recreational vehicles shall be screened from neighboring properties not using RVs
and from public roads. Such screening may consist of landscaped buffer areas, suitable native
vegetation or a fence.
(4) Lots shall not be leased or rented out on a daily or overnight basis for recreational
use.
(5) Accessory structures are limited to one personal storage building no larger than 120
square feet.
(6) The locations of parked RVs on vacant lots shall observe normal building setback
standards for a single - family residence.
(7) All recreational vehicles shall be supported by their own wheels or camper jacks, and
not be fastened to accessory structures. Placement of a recreational vehicle on a foundation or
removal of the wheels of a recreational vehicle, except for temporary purposes for repair, is
prohibited.
2001 subarea Plan Implementation _ Exhibit
ZON2002 -00013 Point Roberts Amendments October 21 2003
20.72.150 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless
expressly prohibited by this chapter. In addition, the following uses shall only be conditionally
permitted:
151 Hotels, motels and time share condominiums.
.152 Surface and subsurface mining including the extraction of sand and gravel shall be
conditionally permitted in the Rural zone under the provisions set forth in WCC 20.36.150.
.153 In the R5A zone located west of the Point Roberts Marina and east of Marine Drive,
an air park facility /subdivision and commercial activities incidental to aviation facilities may be
conditionally permitted; provided that:
(1) The proposed air park will comply with national, state and local aviation regulations
and safety standards; and
(2) Residential development shall be subordinate to the primary airstrip operations; and
(3) (44) If a proposed subdivision, binding site plan, or short subdivision is located
adjacent to an existing airstrip, the developer and any subsequent purchasers or successors in
interest shall agree to refrain from any legal action to restrain or collect damages from the
owners or users, or from Whatcom County, arising out of normal operation or use of the airstrip.
The agreement shall appear as a covenant or deed restriction upon the plat, tract or instrument
of conveyance and shall run with the land.
155 In the Resort Commercial District dry boat storage including stacked storage and
boat trailer storage associated with a marina
20.72.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are
prohibited:
.201 Service stations in all zones,
except
expansion of existing
service stations by
adding additional pumps or hose dispensers.
.202 The following uses are prohibited in the Resort Commercial Zone District in the
Maple Beach area of Point Roberts: -
(1) Rooming houses.
2001 Subarea Plan Implementation Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21 2003
(2) Taverns.
(3) Commercial parking lots or garages.
.203 Neighborhood grocery stores are prohibited in the Rural zone.
.204 The following uses are prohibited in the Small Town Commercial Zone District
along Gulf Road only:
(1) Mini storage facilities.
sale.
(4) Additional recreational vehicle parks.
(5) Cemeteries.
20.72.250 Minimum lot size.
.251 Where the cluster subdivision option is used to protect a critical area;
jj_� a parcel size reduction of five percent may be granted where average parcel size
(except the reserve tract) is less than 10,000 square feeYLor and
(2) a parcel size reduction of 10 percent may be granted where average parcel size
(except the reserve tract) is 10,000 square feet; or
(3) more of a reduction may be granted only if the resultant lots are able to meet the
applicable development standards of this title and other county ordinances, including setbacks
and minimum reserve tract area.
20.72.260 Maximum density.
.261 Except as modified by this chapter, all residential densities in the General
Commercial, Small Town Commercial and Resort Commercial zones shall not exceed ten eight
units per acre.
.262 For the purpose of developing an air park facility only, the parcels zoned 135A that
are located west of the Point Roberts Marina and east of Marine Drive, including the airstrip
property, may be developed as a cluster development at a maximum density of one dwelling
unit per acre.
20.72.270 Subdivision requirements.
20.72.350 Building setbacks /buffer areas.
(1) Building setbacks along Tyee Drive and Roosevelt Road are increased to 50 feet
and 40 feet respectively. In existing treed areas along Tyee Drive and Roosevelt Road, a 50-
foot/40 -fool vegetative buffer comprised of existing trees shall be maintained for visual or
aesthetic purposes except for necessary ingress and egress points. In open areas a 50- foot/40-
foot planted buffer shall be developed as part of the normal landscape requirements for site
development.
(2) Within the Small Town Commercial zone along Gulf Road, commercial, institutional
and mixed use building setbacks shall be reduced to 10 feet. Buildings oriented towards the
street edge shall be encouraged and the front of buildings shall be designated for landscaping
and pedestrian traffic.
2001 Subarea Plan Implementation - Exhibit
ZON2002 -00013 Point Roberts Amendments October 21 2003
(3) The provisions of 20.64.353 shall not apply to single family residences in the Resort
Commercial District at Point Roberts.
20.72.400 Height limitations.
.401 The maximum building height within the Small Town Commercial zone along Gulf
Road shall be 45 feet. Height of structures shall also conform to the view corridor provisions of
WCC 20.72.653 and the general requirements of WCC 20.80.675.
.402 The maximum building height in all other zones shall be 25 feet unless further
restricted by the Whatcom County. Shoreline Management Program or the requirements of the
adopted character plan. Height of structures shall also conform to the general requirements of
WCC 20.80.675 where applicable.
.403 Through the variance Ggriditional use peFmi process established in Chapter 20 84,
the maximum building height for any use outside of the Small Town Commercial zoned may be
increased to 45 feet under the following conditions:
(1) The resultant higher structure will not unreasonably impede views from other
properties any more than would a similar structure of the same mass which conforms to the 25-
fool maximum building height.
(2) Building setbacks pursuant to this chapter and WCC 20.80.200 shall be increased by
one foot for each foot of building height in excess of 25 feet as applicable to all setbacks.
20.72.650 Development criteria.
20.72.651 Facility design.
(1) All commercial and institutional use structures and appurtenant signs shall conform
to the requirements of the Point Roberts Character Plan.
(2) All commercial and institutional structures shall screen roof - mounted mechanical
equipment so as not to be visible by surrounding uses or roads.
(3) Manufactured homes shall be a minimum of 20 feet wide, shall be installed on a
permanent foundation skirted to the ground and shall be in compliance with all applicable
requirements of Chapter 15.24 WCC.
20.72.652 Areas of speGial significanGe and tree Fetentiom Archaeological resources.
2001 Subarea Plan Implementation Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21 2003
proposal: ana
mitigated /minimized: and
Historic Preservation:
iv. Excavation and recovery of resources
v. Inventorying prior to covering of resources with structures or
development: and
1 The date of application the date of notice of completion for the
application, and the date of the notice of application;
2 The date time place and type of the hearing if applicable and
scheduled at the date of notice of the application
2001 Subarea Plan Implementation Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21 2003
w
5 4. The identification of other permits not included in the aoolication to
county.
resume.
(c) On receipt of a positive determination of the site's significance the
Administrator may invoke the provisions of Section 20.72.652(2)(b).
2001 Subarea Plan lmplementabon . - Exhibit
ZON200M0013 Point Roberts Amendments October 21 2003
areas shall not exceed 5,000 square feet or 70 percent whichever is grealer of the total lot
area.
WI NV l ICI I W.
(a) A scaled drawing identifying the following-
North arrow:
• Property boundaries,
• Existing structures:
• Site access:
• Tree canopy areas to be removed;
• The outer dripline of tree canopy areas to be retained-
• Critical areas including but not limited to slopes wetlands and
habitat conservation areas, '.
• Protection measures to be utilized for areas that will be
2001 Subarea Plan Implementation Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21 2003
W ran.
(a) be of the same or similar, native species as those trees removed from the
site
20.72.6543 Site design /view corridors.
All structures or developments other than a single - family home on an individual lot shall
conform to the requirements of the adopted Point Roberts Character Plan. Scenic views and
open space shall be considered in all developments and the site plan designed to ensure view
access is maximized sensistent--with while maintaininc reasonable use development of the
development site.
20.72.6554 Public restrooms and trash facilities.
All new and redeveloped commercial establishments on Point Roberts that are open to
the public shall make adequate provision for trash disposal and handicapped - accessible public
restrooms. Establishments with less than four employees on premises at one time may utilize a
unisex facility. Commercial complexes may provide common restrooms and/or trash disposal,
or two or more establishments in one commercial area may jointly provide for such facilities,
subject to appropriate agreements or covenants to ensure the facilities are available and
properly maintained. Dumpsters within commercial areas shall be screened from public view
using landscaping or building walls.
flu
2001 Subarea Plan Implementation Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21 2003
20.72.6565 Vehicular access.
Driveways and curb cuts shall be minimized along all collector roads. Each existing lot
shall be allowed only one driveway or curb cut; adjacent lots are encouraged to share access
points. In new developments, lots or leased sites shall be oriented toward internal driveways,
parking areas, or roads, with limited access to collector roads. These access points should
normally not be closer than 400 feet apart.
20.72.6575 Nonvehicular access.
(1) Commercial development or redevelopment of any parcel along Tyee Drive, Gulf
Road, Marine Drive and APA Road shall be required to install appropriate street improvements
along the road frontage of the parcel which may include curbs, gutters, sidewalks, boardwalks,
benches, lighting, and appropriate provisions for bicycle and equestrian facilities in accordance
with applicable Comprehensive Plan policies, land use regulations and current road standards.
Planting of street trees along the road frontage(s) of the subject parcel shall be required. These
requirements may be waived if a local improvement district, road improvement district, or
transportation benefit district is formed for the purpose of providing the aforementioned
improvements.
(2) Commercial development of any parcel along a collector street shall require a no-
protest agreement to participate in a local improvement district, road improvement district, or
transportation benefit district.
20.72.6587 Drainage.
All development activity within Whatcom County shall be subject to the stormwater
management provisions of the Whatcom County Development Standards unless specifically
exempted. No project permit shall be issued prior to meeting submittal the stonmwater
management requirements rc!ating to st atel: mallagement in the of this Title and
the Whatcom County Development Standards.
20.72.6598 Parking.
Parking shall conform to the requirements of WCC 20.80.500 unless otherwise specified
in this section.
Within the Small Town Commercial zone:
(1) Parking lots shall be provided only at the rear or side of buildings.
(2) New parking lots shall connect with existing parking facilities and allow for connection
to future lots where applicable if feasi let e.
(3) Minimum parking standards may be reduced if a shared parking agreement has been
filed with the County Auditor's Office 0911illg administrate establishing a shared parking lot for
land uses with non - competing hours of operation, or for multi- tenant retail and commercial
facilities; provided, the parking lot is not located further than 700 feet from any of the uses it is
intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land use
with the highest parking demand.
(b) Mixed use development with similar operating hours may be required to submit a
parking demand study to determine if parking can be combined.
(4) Minimum parking standards along Gulf Road may be reduced to the minimum
required emergency, ADA, and /or service parking only; provided, that it can be demonstrated
that a public benefit parking area or other similar consolidated parking concept will adequately
serve the proposed use.
(a) A parking demand study shall be submitted which determines whether all land
uses intending to utilize the consolidated parking area will be adequately served.
11
2001 Subarea Plan Implementation _. Exhibit A
ZON2002 -00013 Point Roberts Amendments October 21, 2003
(b) Pedestrian walkways connecting the proposed use with a consolidated parking
area shall be provided. Refer to the Point Roberts Character Plan for design guidelines.
Chapter 20.97
DEFINITIONS
20.97.018 "Archaeology" means systematic, scientific study of the human oast through
material remains.
setting, materials, workmanship, feeling, and association. and:
A. That are associated with events that have made a significant contribution to the
distinction: or
D. That have yielded or may be likely to Yield, information important in history or
prehistory.
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