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Home My WebLink Aboutord1997-061WIIATCOM COUNTY COUNCIL AGENDA BILL NO. 97- 354 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator: Jeff Griffin r. ��on Head: Sylvia Goodwin Dept. Head: Michael Knapp jjt,6 wits e!' J (� Ij C E u V E V j 1 51997. 1 �/ COUNTY Yr HA I T COM COUN l l y COUNCIL 10/21/97 Council Introduction 11/18/97 P& D/ Council 0 Prosecutor: Purchasing/Budget: Executive: SUBJECT: File #22- 94:ZT: An Ordinance to amend the Official Whatcom County Zoning Ordinance, Title 20, to allow resort- oriented transient accommodations an increase in the total number of sleeping units from 20% to a maximum of 50% of the total number of dwelling units that would be allowed on the property by the underlying urban zone regulations. ATTACHMENTS: Proposed Ordinance Agency Report with attached Staff Report Draft Planning Commission Minutes SUMMARY STATEMENT. • Please complete sections of box as appropriate & explain the item below. Related County contract #: n/a Should Clerk schedule a hearing? NO / X / YES / / Requested date: Amount budgeted for this item/proiect: $ n/a Is it (or will it be) within budget? YES /_/ NO / ./ (Please explain below) n/a IIBudget line item number(s): n/a At a public hearing on September 11, 1997 the Planning Commission voted 6 to 2 in favor of the request. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends that Council accept this recommendation of the Planning Commission and approve the requested rezone. COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN. 1997.-354 10/21/97: Introduced 11/18/97: Adopted 7 - 0. Ord. #97 -061 elated File Numbers: 22 -94:ZT Ordinance or Resolution Number (this item only): 1 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 10/21/97 ORDINANCE NO. 97 -061 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.85, PLANNED UNIT DEVELOPMENTS ALLOWING AN INCREASE IN THE TOTAL NUMBER OF SLEEPING UNITS FROM 20% TO A MAXIMUM OF 50% OF THE TOTAL NUMBER OF DWELLING UNITS THAT WOULD BE ALLOWED ON THE PROPERTY BY THE UNDERLYING ZONE REGULATIONS, WITHIN URBAN ZONES. WHEREAS, an application was submitted to amend the text of the Point Roberts Special District, Official Whatcom County Zoning Ordinance regarding Planned Unit Developments; and . WHEREAS, staff recommended alternate text amendments which would apply to all Planned Unit Developments; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Friday, August 29, 1997. In addition, notice was published in the Point Roberts All Points Bulletin; and WHEREAS, a SEPA checklist for this proposal was submitted to the Deputy SEPA Official on July 29, 1994. An EIS Adoption Notice for adoption of an existing environmental document was issues on February 6, 1995 by the Official. This provided that SEPA requirements were met as part of the Draft and Final EIS submitted for The Resort at Lilly Point in June, 1992. The final EIS was published February 19, 1993. A SEPA DNS was also issued in 1989 for the original request allowing resorts County -wide within residential PUDs, on a limited basis; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments and recommended approval of the alternate language proposed by staff on September 11, 1997; and WHEREAS, the Council held a public meeting on November 18, 1997 and approved the Planning Commission recommendation; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: Page 1 1 2 FINDINGS 1. The request, as written, currently limits applicability to Lily Point, in Point Roberts. 2. Lacking justification for limiting the amendment to Point Roberts, it should be applicable County -wide. This approach would also provide for a clear, legislative focus. 3. The 1989 text amendment which allowed transient accommodations in the first place was County -wide, and originated in the Birch Bay - Blaine Subarea. 4. The effect of the amendment would be limited to allowing an applicant to propose and the County to consider additional transient accommodations as part of a residential PUD. 5. The PUD process requires the conservation of natural features, compatibility between land uses, conformance with the goals and policies of the comprehensive plan, and other requirements of benefit to the public. 6. The purpose of the PUD is to utilize innovative and efficient land -use and design by permitting greater flexibility in zoning requirements than is generally permitted. 7. The review process in a PUD allows adequate review to insure compatibility problems are addressed. 8. Under interim Ordinance #97 -040, the location of PUDs is limited to within an Urban Growth Area and Short Term Planning Area only. CONCLUSIONS 1. Provided that traffic, compatibility, and other land use concerns can be adequately addressed through the PUD process, the remaining question is whether this text amendment negatively circumvents zoning and/or the public interest. At some point the Residential PUD becomes more of a Resort Commercial PUD, without the Resort Commercial zoning. This would certainly occur at 51 percent, if not sooner. At some point transient accommodations would also be considered the primary land use. But this is prohibited by AC 20.85.054(1); which requires that in order to expand uses allowed by AC 20.85.053, the applicant must demonstrate that the primary land use activity of the PUD are those uses allowed by the underlying zone district. Going beyond 50 percent would contradict this provision but allowing up to 50 percent could be in conformance. This keeps a check on maintaining land uses in accordance with the adopted provisions of the County's zoning and comprehensive plan. The public interest is served through conformance with zoning, the PUD process and greater regulatory flexibility. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 -)4 .5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2. If a future applicant desires a higher percentage, or a primary use as a resort hotel, then it would be more appropriate to seek a PUD location that includes some Resort commercial zoning, which would then allow up to 100 percent transient accommodations. NOW, THEREFORE,. BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.85, Planned Unit Development is hereby amended as follows: (WCC 20.85.053)(2)(a) The total number of sleeping units shall not exceed 214 50 percent of the total number of dwelling units that would be allowed on the property by the underlying zone regulations. 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 invalid. ADOPTED this i_ day of November , 1997. ATTEST: A Dana rown- Davis, Clerk of the Council APPR VED as to form ivil Deputy Prosecutor k:\users\rommon\planning\amy\zt\22-94zt.ord WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ) Z L and Nelson, Co cil Chair (Approved () Denied ete Kremen, Executive Date: /a? J r-�;,> Page 3