The URL can be used to link to this page

Home My WebLink Aboutord1997-057WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97 -342 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: i inator: S lvia Goodwin Division Head:S Ivia Goodwin ��Cj 1 �a I �; ff �•, .• - t 6 ' 1 i ; -\f ; r%' � C 10/7/97 Council Introduction QO& -r q6A61qj !10/21/97 P & D / Council Dept. Head: Michael Knapp Prosecutor: + Purchasin /Budget: Executive: SUBJECT: An Ordinance amending title 20 to remove open space requirements in the GM, LII, and HII zones and amend the definition of open space as it applies in all zones. ATTACHMENTS: Proposed Ordinance Planning Commission Agency Report and minutes will be included in October 21 packet. SUMMARY STATEMENT. Please complete sections of box as appropriate & explain the item below. Related County contract #: is item/proiect: $ n/a line item number(s): n/a Should Clerk'schedule a within NO /X / - YES / / /X/ NO/ / n/a The request is to replace Ordinance #96 -046 with a permanent ordinance, which would remove the open space requirements in the GM, LII, and HII zones and amend the definition of open space as it applies in all zones. The Planning Commission will hold a public hearing on the proposed ordinance on October 9, 1997. This ordinance is being introduced to the County Council prior to the Planning Commission hearing to allow adoption prior to the expiration of the interim ordinance. ORIGINATOR'S RECOMMENDED ACTION: The Planning and Development Services Director recommends that Council accept the recommendation and adopt the proposed ordinance. COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN: 1997-342 10/7/97: Introduced 10/21/97: Adopted 7 - 0. Ord. #97 -057 Related File Numbers: 13 -96: ZT Ordinance or Resolution Number (this item only): ��• (T7-057 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCED: 10/7/97 ORDINANCE NO. -- 97=057_ AN ORDINANCE AMENDING TITLE 20 TO REMOVE OPEN SPACE REQUIREMENTS IN. THE GM, LII AND HII ZONES AND TO AMEND THE DEFINITION OF OPEN SPACE AS IT APPLIES IN ALL ZONES. WHEREAS, on October 17, 1995 the Whatcom County Council adopted an interim ordinance (ordinance #95 -051) amending Title 20 which removed open space requirements in the GM, LII and HII zones and amended the definition of open space throughout the text; and. which was extendedas Ordinance 96 -046 on November 18, 1996 for one year; and WHEREAS, on October 28, 1997 this interim ordinance ( #96 -046) will no longer be in effect; and WHEREAS, the Deputy SEPA Official issued a Determination of Non - significance on September 25, 1995 for Ordinance #95 -051 and the current proposal does not change the original language, therefore requiring no further SEPA review; and WHEREAS, the Whatcom County Comprehensive Plan Goal 7D and Policy 7D -9 recommends actions that would allow for greater flexibility in the regulations and development review process; and WHEREAS, industrial development projects processed over the last two years under the interim ordinance have benefitted from, the flexibility provided by the amended requirements and have included sufficient open space and landscaping; and WHEREAS, the Planning Commission held a public hearing on October 9, 1997 to consider this matter; and WHEREAS, the Planning Commission found the amendments necessary to protect the public health, safety and welfare; and WHEREAS, the County Council held a public meeting on October 21, 1997 to consider this matter and concurred with Planning Commission's recommendation; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS: 1. If interim Ordinance . #96 -046 is not. renewed, General Manufacturing (GM) and Heavy Impact Industrial (HII) zone designations require 15 % open space. Light Impact industrial (LII) zone designation requires 15 to 35% open space. 2. If interim Ordinance 96 -046 is not renewed, Title 20 will default to a definition of open space that allows only 50% of perimeter setback area, unbuildable land, or water surfaces to be counted toward open space requirements. 3. Setback requirements in LII and GM range from 10 to 30 feet. Setback requirements in HII range from 30 to 100 feet. Lot coverage in LII, 'GM and HII is limited to 60% of the lot. Buffers of 25 to 50 feet are required in the LII and GM zones and up to 660 feet when development is adjacent to other zoning boundaries. Together, these minimum requirements address minimum aesthetic concerns. 4. Enforcement of the previous code requirements relating to open space caused undue restrictions on industrial and commercial development as identified in current studies. 5 Open space requirements have been the determining factor in the decision for numerous projects not to locate in Whatcom County. 6. Existing regulations have prevented significant economic development in Whatcom County. 7. The County Council has adopted the Comprehensive Plan which includes Goal 7D and Policy 7D -9 which call for greater flexibility in the regulatory development and review process. CONCLUSION The requirements for setbacks, lot coverage and buffering provide sufficient protection to the public safety, health and general welfare in the GM, HII and Lll.zones. The citizens of the County will reap economic benefit from the encouragement of industrial uses; therefore, it is in the county's best interest to adopt the interim zoning regulations as permanent regulations. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amend Title 20, the Official Whatcom County Zoning Code, as follows: Chapter 20.66 Light Impact Industrial District 20.66.250 Minimum Lot Size The minimum lot size shall be consistent with the area required to meet the building setback, lot coverage, buffer and development standards of the district. Chapter 20.67 General Manufacturing District 20.67.250 Minimum Lot Size The minimum lot size shall be consistent with the area required to meet the building setback, lot coverage, buffer and development standards of the district. -- - - -- -:_ - 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 z6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Chapter 20.68 Heavy Impact Industrial District 20.68.250 Minimum Lot Size The minimum lot size shall be consistent with the area required to meet the building setback, lot coverage, buffer and development standards of the district. 1�J �1�1.l.7 �i.lR:fC.l�t Il .t�l:i�L�1l�t�Jt+711 l. LR 4�Il'1+7�.tRR�AZ�1�J WA Q I I II IMZ•. I 1a1� - 2 ■ - - • - - 20.68.552 Buffer Area To implement the buffer requirements of this district, minimum setbacks for heavy industrial. buildings and accessory structures shall be established consistent with the following options: 1. If a planting screen is not provided by the industrial user and no natural vegetative screening exists, the minimum setback(s) shall be 660 feet, as measured from the edge of the district boundary. The setback area maybe used for security roads, parking' or the open space 2. If natural sight obscuring and dense vegetation exists, the minimum setback(s) shall be 250 feet, as measured form the district boundary; provided that a minimum width of 50 feet of natural vegetation is retained. The remainder of the setback(s) may be used for security roads, parking or tip open space jequirements of the district. Chapter 20.80 Supplementary Requirements 20.80.360 Special Requirements for Individual Zone Districts 5. General Manufacturing (GM): Five feet within the front yard setback and situated adjacent to the road shall be landscaped with vegetative material, except for driveways, walkways and signs. The remainder of the front yard setback may be used for parking. Subject to approval of the County, street trees may be placed in the right -of -way and the five foot landscaping strip provided contiguous to the building with the front yard setback used for circulation of trucks and heavy equipment. In this situation to provide visual relief open space should be primarily concentrated in the side yards unless natural habitat in the rear such as wetlands or streams are present which should take precedence. Chapter 20.97 Definitions 20.97.275 Open Space "Open Space" means any parcel or area of land or water not covered by structures, hard surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by. this title or other County ordinance and set aside, dedicated, active or passive recreation, visual enjoyment or developed limitations of unsuitable land areas. Foi purposes of this title, not more than a total of 50 pereen a area - - water s •-aces. Tidelands or shorelands shall not be considered open space unless specifically authorized. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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. -;,b ADOPTED this 21 day of October 1997 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON n- s, Jerk L. rd N • son, Chairperson APPR VED as to form: / Karen Fra es Civil Deputy Prosecutor ( ro e O Denied Pete Kremen, Executive Date: la '�'