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HomeMy WebLinkAboutord2002-019WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -108 CLEARANCES hubarpTDale Date Received in Council Office Agenda Date Assi nedto: Originator: Amy Pederson 7e irr \J O FEB 0 5 2001 WHATCOM COUNTY COUNCIL L 2/12/02 Introduction Division Head: Sylvia Goodwin 2/26/02 P & D / Council Dept Head: Hal H. Han 3 1 z I n. Vt Prosecutor: Karen Fro ss PmchasingiBudgeu: -312140 Executive: Pete Kremen )/s lz SUBJECT' Ordinance adopting amendments to the official Whatcom County Zoning Ordinance, Chapter 20.72 —Point Roberts Special District. ATTACHMENTS: (1) Proposed Ordinance - (1) Agency Report (3) Staff Report 4 Planning Commission Minutes To be forwarded when completed.) SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: I The Council must hold a hearing if they want to change the Planning Commission's recommendation (FCC 20.10.110 . SUMMARY STATEMENT: The request is to amend the official Whatcom Distribution Request County Zoning Ordinance, Chapter 20.72 — Point Roberts Special District, to implement the goals, policies and projects of the 2001 Point Roberts Subarea Plant Indicate chose who should receive a copy after Council action. List specific names to the right. ADS Faighfin Management ADS Finance ADS Human Resources ADSInfs Services Assessor Auditor Cooperative Extension _ _ District Court Executive Health Hearing promisee Jail COUNrTl dCTTONTAKEN.• Attempt 2002 - 108 2/12/2002 Introduced parks Planning Hal LL Hart 2126/2002: Held in Planning and Development Committee 3/122002: Hearing to be held on 326 312612002: Adopletl 7 -0, Ord, #2002 -019 4/2312002: Nelson moved to rescind the motion starting thi ortlinance and moved to amend language and re- atlopt. 6 -1, Caskey - Schreiber abstained, Ord 02002-019 Prosecutor Public Worly Sheri Superior Court Treasurer Relent. Omer Ordinance or Resolu ti Number (this item): OW n^#' 2CQ - 0I Q Related Pile Numbers: File #ZON2001 -00008 SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 2/12/02 ORDINANCE NO. 2002 -019 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, CHAPTER 20.72 - POINT ROBERTS SPECIAL DISTRICT, TO IMPLEMENT THE GOALS, POLICES AND PROJECTS OF THE 2001 POINT ROBERTS SUBAREA PLAN WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, the SEPA Administrator for Whatcom County issued a Determination of Non- significance on January 23, 2002; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on Thursday, January 10, 2002; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on January 24, 2002, and considered all testimony; and WHEREAS, the Planning Commission recommended approval of the proposed text amendments on Thursday, January 24, 2002; and WHEREAS, the Council held an additional public hearing on March 26, 2002 to consider additional amendments; and WHEREAS, the Council found the amendments to be in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. Legal notice was published in the Bellingham Herald on Thursday, January 10, 2002. 2. The Planning Commission held a public hearing on Thursday, January 24, 2002 and considered all testimony. 3. The 2001 Point Roberts Subarea Plan was adopted by County Council on December 11, 2001. 4. The Point Roberts Subarea Plan review and update was initiated in August 2000. 5. Through the public process, 115 goals, policies and projects were identified as priorities \ \PDS- 1W0l -1 USERS \PDS \SHARED\2 Planning Division\Zoning Amendments2oning 2001�ZON2001 -00008 PnD Revised ORD.doc Page 1 for Point Roberts. 6. Within these goals, policies and projects is language which directs further updates of WCC Title 20, the Point Roberts Character Plan, WCC Title 23, etc. 7. These goals, policies and projects were adopted by County Council as a component of the 2001 Point Roberts Subarea Plan on December 11, 2001. 8. The proposed amendments to the Point Roberts Special District, WCC Chapter 20.72, are based upon the direction provided by the goals, policies and projects of the 2001 Point Roberts Subarea Plan. CONCLUSIONS The proposed text amendments, as presented in Exhibit A, are consistent with the goals, policies, and projects of the 2001 Point Roberts Subarea Plan and the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Code is hereby amended as shown in Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 26 day of ATTEST: Dana Brown- Davis, Clerk of the Council APPR VED as to form aren Frakes, Civil eputy Pr ecutor March .2002. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON / z L. Ward Nelson, Coun it Chair ( Approved () Denied Pete Kremer, Executive Date: ePDS -1WOL1 USEWPOS \SHARED@ Planning Division2aning Amendments'Zoning 20011ZON2001 -00008 PnD Revised ORD.doc Page 2 EXHIBIT A ZON2001 -00008 Point Roberts Overlay District For Council Reconsideration 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. 20.72.350 Building setbacks /buffer areas. 20.72.400 Height limitations. 20.72.650 Development criteria. 20.72.651 Facility design. 20.72.652 Areas of special significance. and tree retention. 20.72.653 Site design /view corridors. 20.72.654 Public restrooms and trash facilities. 20.72.655 Vehicular access. 20.72.656 Nonvehicular access. 20.72.657 Drainage. 20.72.658 Parking 20.72.010 Purpose. Point Roberts is a unique area of Whatcom County because of its relatively small size, its mixed urban /rural character, its past development pattern, its relative isolation and the constraints on normal growth patterns caused by the impact of access only via an international border crossing. This uniqueness creates potential problems with direct application of other zone districts within this title. The Point Roberts Special District is an overlay zone which will impose additional controls and create opporh unifies not available in the underlying zone districts to fit them to the needs ui Point R� , .,ilr;; designed to protect the unique character of Point Roberts while allowing for more efficient opportunities for growth of development rights. 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, _ ch ^c'^ ^rPAgPd dpms!: es !h-__ h transfer_ efdevelePraeat -tights 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. EXHIBIT A ZON2001 -00008 Point Roberts Overlay District For Council Reconsideration 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. 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 uses permitted by the administrative approval 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 shall be permitted: .135 One private, noncommercial, recreational vehicle or park model trailer an 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. 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 timeshare 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)A, th the added PFGY ^ G that ^ .".deF to ..^tee the nnnrengwahlp rpqn ,. ces Of Re R RebeFtg a.d to assure future ava lability of these resources far developmen prejeGts at Re nt RG1beFts the hear ng exaMIROF shall find that the sand and grar Eel be Rg nNmGted pursuant to Ihb RpntioR shall be qRd only for Spec f'..'de Rt f ad .vr� ^M^ a ZON2001-00008 Point Roberts Overlay District .153 In the R5A zone located west of the Point Roberts Marina and east of Marine Drive, an air park facility /subdivision may be conditionally permitted: provided that: and 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 including 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. (2) Taverns. (3) Commercial parking lots or garages. .203 Neighborhood grocery stores are prohibited in the Rural Zone. 20.72.250 Minimum lot size. .251 Where the cluster subdivision option is used to protect a critical area, a parcel size reduction of five percent may be granted where average parcel size (except the reserve EXHIBIT A ZON2001 -00008 Point Roberts Overlay District For Council Reconsideration tract) is less than 10,000 square feet and 10 percent where average parcel size (except the reserve tract) is 10,000 square feet or more maybe 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 eight units per acre. one dwelling unit per acre. 20.72.350 Building setbacks /buffer areas. M 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 -foot 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 60-foot/40-foot planted buffer shall be developed as part of the normal landscape requirements for site development. 20.72.400 Heiaht limitations. .4042 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 W CC 20.80.675 where applicable. .4023 Through the conditional use permit process, the maximum building height for any use outside of the Small Town Commercial zone 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 -foot 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 EXHIBIT A ZON2001 -00008 Point Roberts Overlay District For Council Reconsideration 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. (33) 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 special significance; and tree retention. Point Roberts contains a unique forest habitat which supports a number of unusual or rare animal species. Lily Point at Point Roberts is recognized as a significant Native American burial ground and a place of special natural, spiritual, cultural, and archaeological significance; the cliffs at Lily Point are dangerously unstable. Permitted development at Point Roberts should take into account its unique forest habitat, and permitted development at Lily Point shall be consistent with its special significance. In addition to compliance with all other landscaping requirements of this title and other titles of the W hatcom County Code, development Gth9F than a single family house on an individual lot must comply with the following provisions: (1) The applicant shall retain existing trees over eight inches in caliper as measured four feet above ground level to the maximum extent feasible. Cleared areas area. (2) The county shall require that trees to be retained are identified on a site plan. The county shall also require site plan alterations to achieve maximum tree retention. (32) Existing vegetation may be used to meet all or part of the landscaping requirements of this title. (_43) If any vegetation designated for retention is damaged or destroyed through the fault of the applicant, agent or successor, the applicant, his agent or successor shall restore the site pursuant to a restoration plan approved by the county. (_54) The county may require a bond or other security to guarantee retention of existing trees during construction. In the event any trees designated by the county to be retained are removed, the county shall have the option of enforcing any bond posted, or require additional trees which may be in excess of those previously in existence. (65) Any primary project permits, clearing permits, er conversion plans, or logging operations shall require, as part of the permit, an approved logging plan designed to preserve as reasonably feasible the area's woodland character. StandardsiOF6UGh (8) ° the event Of SafetY ^^^^^•^ ^^ 4kG-. Trees may be removed under the following circumstances: (a) immediate trunk failure Potential: (b) fire prevention: (c) health of tree where there are obvious signs of infestation, incurable disease or stress that would likely lead to premature trunktroot failure: EXHIBIT A ZON2001 -00008 Point Roberts Overlay District For Council Reconsideration (d) encroachments where the trunk, branches or roots would be, or are in contact with main or accessory structure(s): or (e) where utilities would unavoidably cut through the root system. the tree(s) may be removed. (9 7) Buffering which recognizes the need for safety and the unique features of Lily Point shall be required on the point, and in such areas no development shall take place. 20.72.653 Site design /view corridors. All structures or developments other than a single - family home on an individual lot shall conform to any the requirements of the adopted Point Roberts cCharacter pPlan. Scenic views and open space shall be considered in all developments and the site plan designed to ensure view access is maximized consistent with reasonable development of the site. 20.72.654 Public restrooms and trash facilities. All 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 20.72.655 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. In the General 1^.r^rci - 9Y5IG� 20.72.656 Nonvehicular access. (1) Commercial development or redevelopment of any parcel along a- seNestA street Tvee 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, and 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, unless ^ lesser standard may be ^r^ 'ded 'n eu ^f de ^ epment Planting of street trees along the road EXHIBIT A ZON2001 -00008 Point Roberts Ovedav District For Council Reconsideration frontage(s) of the subject parcel shall be required T4is 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. 20.72.657 Drainage. All development activity within Whatcom County shall be subject to the stormwater management provisions of the W hatcom County Development Standards unless specifically exempted. No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the W hatcom County Development Standards. 20.72.658 Parking. Parking shall conform to the requirements of WCC 20 80 500 unless otherwise specified in this section.