HomeMy WebLinkAboutord1998-077WHATCOM COUNTY COUNCIL AGENDA BILL
NO-1997-169 G
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Odg. Dept.: County Council
11/4/98
11/10/98
Full Council
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT.-
Emergency ordinance adopting interim development regulations
ATTACHMENTS
SUMMARY STATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date:
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1997- 169 G 11/10/98: Adopted 7 -0, Ord. #98 -077
Related File Numbers: Ordinance or Resolution Number (this item only):
File Ref: 09 -972T
ORDINANCE NO. 98 -077
SPONSORED BY: CONSENT
PROPOSED BY: Council
INTRODUCTION DATE: 11/10 88
AN EMERGENCY ORDINANCE ADOPTING DEVELOPMENT REGULATIONS RELATING
TO GROWTH MANAGEMENT AND LAND USE DEVELOPMENT FOR THE PURPOSES OF
REGULATORY CONSISTENCY WITH THE OFFICIAL WHATCOM COUNTY
COMPREHENSIVE PLAN
WHEREAS, Interim Development Regulations were adopted by the Whatcom County
Council first as an emergency ordinance on May 20, 1997 and later as an interim ordinance. on
July 15, 1997, 1998 to implement the Whatcom County Comprehensive Plan; and
WHEREAS, Interim Development Regulations were re- adopted by the Whatcom County
Council as an emergency ordinance on January 13, 1998, as an interim ordinance effective
March 22, 1998, and as an emergency ordinance on September 15, 1998 for a 60 day period,
which will expire on November 14,1998; and
WHEREAS, The Whatcom County Council has forwarded the Interim Development
Regulations to the Whatcom County Planning Commission to hold a public hearing and any
necessary work sessions and to return a recommendation back to the County Council in time to
adopt permanent regulations before the interim regulations expire; and
WHEREAS, Planning staff have identified for the Planning Commission some changes
that should be made to the Interim Development Regulations to provide consistency and to
correct some oversights as well as some additional issues that should be considered; and
WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on
June 30, 1997; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham
Herald on Thursday, September 15, 1997; and
WHEREAS, The Planning Commission held a public hearing on the proposal on
October 23, 1997, considered all public testimony, and recommended approval of the proposal
with some changes and approval of the findings contained in the Agency Report dated
December 4; and
WHEREAS, the Council held a public hearing on the Planning Commission's
recommendation at a regular meeting on January 13, 1998; and
WHEREAS, the County is not prepared to adopt permanent amendments to the
County's development regulations at this time, and will require up to sixty days for additional
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analysis and public review to occur; and
WHEREAS, in order to find assure continued compliance with the Growth Management
Act, continuation of the Interim Development Regulations is necessary; and
WHEREAS, based on the above findings, the Whatcom County Council declares that an
emergency ordinance is necessary for preservation of the public peace, health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. That in order to preserve the integrity of the process and directives
mandated by the Growth Management Act and pursuant to RCW 36.70A.040, it is hereby
ordained that the interim development regulations attached as exhibit A be adopted on an
emergency basis for sixty (60) days from adoption of this Ordinance or until the effective date of
an Ordinance adopting these Development Regulations on a permanent basis.
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 to day of November , 1998.
Dana i • Council
APPR ED as to form:
Karen Frakes, ivil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Page 2
Pete Kremen, Executive
Date: //_ / 7 - T
INTERIM DEVELOPMENT REGULATIONS: REVISIONS TO TITLE 20
ADOPTED JULY 15, 1997
COUNCIL ORDINANCE 97 -040
(1) The existing Section 20.04.050 of the Whatcom County Code is hereby repealed
in its entirety and replaced with the following:
(2) Section 20.04.060 of the Whatcom County Code is hereby amended as follows:
20.04.0.60 Establishment of districts.
For the purpose of furthering the goals and policies of the comprehensive plan and
to carry out the provision of this title, Whatcom County is hereby divided into the
following districts:
Chapter
Abbreviation.
District
20.20
UR
Urban Residential
20.22
URM
Urban Residential Medium Density
District
20.32
RR
Residential Rural
20.34
RR -1
Rural Residential - Island
20.36
R
Rural
20.40
AG
Agricultural
20.42
RF
Rural Forestry
20.43
CF
Commercial Forestry
20.44
ROS
Recreation and Open Space
20.60
NC
Neighborhood Commercial
20.62
GC
General Commercial
20.63
TC
Tourist Commercial
20.64
RC
Resort Commercial
20.65
GI
Gateway Industrial
20.66
LII
Light Impact Industrial
20.67
GM
General Manufacturing
20.68
HII
Heavy Impact Industrial
20.70
AO
Airport Operations
1
9
(7) Subsection .154 of Section 20.20.150 of the Whatcom County Code is hereby
amended as follows:
.154 Retirement, boarding and convalescent homes; social and health. rehabilitation
centers; children and adult care centers in a building not used as a residence; and other
health - related services consistent with the purpose of the district
(8) Subsection .155 of Section 20.20.150 of the Whatcom County Code is hereby
amended as follows:
.155 Neighborhood grocery stores
provided that:.. .
(9) Subsection .160 of Section 20.20.150 of the Whatcom County Code is hereby
repealed in its entirety.
(10) Section 20.20.251 of the Whatcom County Code is hereby amended as follows:
20.20.251 Minimum lot size.
For the purpose of creating new building lots within the Urban Residential District,
several land use densities are herein provided. The minimum lot size requirements for new
construction vary according to the method of subdivision, as well as whether or not public
sewer, water, and, where identified by the appropriate subarea comprehensive plan
policies, stormwater collection and detention facilities serve the project site.
01) Section 20.20.252 of the Whatcom County Code is hereby amended as follows:
20.20.252 Maximum density and minimum lot size.
Minimum Lot Size Min.
Reserve
Area
District Gross Density Convention Cluster (Cluster
al Subdivision
s)
LIR: all densities without
1 dwelling 5 acres 1 acre 55%
public sewer and water
unit/5 acres
LIR: all densities with public
1 dwelling 5 acres 15,000 75%
sewer or water
unit/5 acres sq.ft.
3
(14) A new Section 20.20.668 is hereby added to the Whatcom County Code in
Chapter 20.20, Urban Residential (UR) District, as follows:
(15) Section 20.22.010 of the Whatcom County Code is hereby amended as follows:
20.22.010 Purpose.
To provide for a supply of land in areas planned for urban residential purposes that
will accommodate the county's need for medium density and compatible nonresidential
as identified in the comprehensive plan. Since Urban Residential
Medium Density areas may be adjacent to other land use forms, compatibility among
these forms shall be accomplished through responsible design and development
considerations of this district.
(16) A new Section 20.22.020 is hereby added to the Whatcom County Code in
Chapter 20.22, Urban Residential — Medium Density (URM) District, as follows:
(17) Subsection .051 of Section 20.22.050 of the Whatcom County Code is hereby
amended as follows:
.051 ingle- family dwellings, duplexes, and
multifamily dwellings consistent with the density requirements of the district; provided
that, if the total number of dwelling units per lot is greater than four, the site plan shall
be reviewed by the technical committee for consistency with the general development
criteria of this district as set forth in 20.22.650 WCC. Adequate right -of -way and street
improvements may also be required so that adjacent public roadways will conform with
the road standards section of the county Development Standards.
5
(19) Section 20.22.252 of the Whatcom County Code is hereby amended as follows:
20.22.252 Maximum density and minimum lot size — General.
Minimum Lot Size
District
URM: all densities
without public sewer and
water
URM: all densities with
public sewer or water
URM -64 with public
sewer and water, and
stormwater collection and
detention facilities where
identified by the
appropriate subarea
comprehensive plan
policies
URM -12:1 with public
sewer and water, and
stormwater collection and
detention facilities where
identified by the
appropriate subarea
comprehensive plan
policies
URM -18:1 with public
sewer and water, and
stormwater collection and
detention facilities where
identified by the
appropriate subarea
comprehensive plan
policies
Gross Density
1 dwelling unit/
5 acres
1 dwelling unit/
5 acres
6 dwelling
units/
1 acre
12 dwelling
units/
acre
18 dwelling
units/
acre
Conventional
5 acres
5 acres
7,200 sq.ft..
7,200 sq.ft.
7,200 sq.ft.
Cluster
1 acre
15,000
sq.ft.
N/A
N/A
N /A/
Min.
Reserve
Area
(Cluster
Subdivision
s)
55%
75%
N/A
N/A
N /A/
9
(20) Subsection (3)(b) of Section 20.22.320 of the Whatcom County Code is hereby
amended as follows:
(b) When the subarea comprehensive plan and zoning have been updated
as part of the normal process (other than a revision initiated by the private sector or done
fora ) and the full community
involvement process has been gone through, subject to findings that there is no adverse
impact on environmentally sensitive areas and when the reserve tract is owned by the
original developer or a third party, no property owner within the original subdivision will
7
.152 Public schools; and parochial or private schools; provided such schools shall
be approved by the State Superintendent of Public Instruction.
.153 Churches, educational and religious training institutions, summer camps and
cemeteries.
.154 Retirement, boarding and convalescent homes; social and health rehabilitation
centers; children and adult care centers in a building not used as a residence; and other
health - related services consistent with the purpose of the district.
FRIMO
e
provided
.156 Golf course.
.158 Accessory apartments or detached accessory dwelling units to single - family
dwellings, except in the Lake Whatcom Watershed, provided that:.-.
.159 Bed and breakfast lodgings.
.160 Confinement feeding operations and feedlots.
161 Cottage industries employing no more than two people outside the family;
provided that in addition to the conditional use criteria found in WCC 20.84.220:.. .
.162 Private, noncommercial boat docks, launches, ramps, floats, moorages and
boathouses pursuant to the Whatcom County Shoreline Management Program for owners
of legal lots of record abutting the shoreline. The conditional use permit shall be approved
if the hearing examiner finds that the proposal will not be hazardous or disturbing' to
neighbors and all applicable zoning requirements are satisfied. The. criteria of WCC
20.84.220 .shall not apply.
.163 Plant nurseries and greenhouses for storage, propagation and culture of
plants, including sales as an accessory use provided:.. .
(25) Section 20.32.251 of the Whatcom County Code shall be amended as follows:
20.32.251 Minimum lot size and maximum density.
For the purpose of creating new building lots within the Residential Rural District,
several land use densities are provided. The minimum lot size and maximum density
requirements for new construction vary according to the method of subdivision and
whether or not public sewer and /or water is available, as _well as whether stormwater
collection and detention facilities, where identified by the appropriate ettimffeft
comprehensive plan policies, serve the project site. Where the conventional subdivision
method is used to create new building lots, the minimum lot size shall be one acre or, if
91
(27) Section 20.32.253 of the Whatcom County Code is hereby amended as follows:
20.32.253 Maximum density and minimum lot size.
Minimum Lot Size Min.
Reserve
District Gross Density Area
Conventional Cluster (Cluster
Subdivision
s)
RR -1, RR -2, RR -3: 1 dwelling 1 acre 1 acre 0%
with neither public unit /1 acre
sewer or water
RR -1 1 dwelling 36,000 sq.ft. 15,000 30%
unit /1 acre sq.ft.
RR -2 2 dwelling 18,000 sq.ft. 15,000 10%
units /1 acre sq.ft. _
RR -3 3 dwelling 12,000 sq.ft. 8,000 sq.ft 25%
units /1 acre
With public sewer and /or water, and stormwater detention and
collection facilities where identified by the appropriate subarea
comprehensive plan policies:
RR -1 1 dwelling 36,000 sq.ft. 15,000 30%
unit /1 acre sq.ft.
RR -2 2 dwelling 18,000 sq.ft. 15,000 10%
units /1 acre sq.ft.
RR -3 3 dwelling 12,000 sq.ft. 8,000 sq.ft. 25%
units /1 acre
(28) Section 20.32.254 of the Whatcom County Code is hereby amended as follows:
20.32.254 Minimum lot width and depth.
Width at Street Line Width at Minimum
District Bldg. Line Mean
Convention Cluster Depth
al
RR: with neither public sewer or 30' 30' 80' 100'
water
RR: with public sewer and /or 30' 30' 70' 80'
water, and stormwater collection
and detention facilities identified
by the appropriate subarea
comprehensive plan policies
11
(33) A new Section. 20.35.668 is hereby added to the Whatcom County Code in
Chapter 20.35, Eliza Island (EI) District, as follows:
(34) Section 20.36.010 of the Whatcom -County Code is hereby amended as follows:
20.36.010 Purpose.
The purpose of this district is to implement the Rural designation of the appropriate
st baree comprehensive plan which calls for the maintenance of rural character and
environmentally fragile areas by allowing a = multipIteitp -of low intensity uses that
are compatible and complementary with the conservation of agricultural, forestry and
related-'uses. 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.
(35) Section 20.36.050 of the Whatcom County Code is hereby amended as follows:
20.36.050 Permitted uses.
e a
unless otherwise provided herein, permitted, accessory and conditional 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, the Whatcom County Subdivision Ordinance and the
Whatcom County Shoreline Management Program.
(36) Section 20.36.059 of the Whatcom County Code is hereby amended as follows:
.059 Surface mining.subject to Washington State's Surface Mining Act (Chapter
78.44 RCM, and accessory washing and sorting, when within a Mineral Resource Land
MINE
Overlay District
INNUMM®R =111E=
(37) Section 20.36.150 of the Whatcom County Code is hereby amended as follows:
13
.159 Surface mining and accessory washing and sorting; provided that:.. .
60 Neighborhood grocery st• - • e e
provided that: ...
.161 Cottage industries employing no more than four people outside the family
conducted in a structure(s) other than the dwelling unit; provided that in addition to the
conditional use. criteria found in WCC 20.84.220:.. .
.162 Small scale commercial processing of agricultural and forestry products on
a permanent basis, utilizing permanently installed equipment, and provided the use is
compatible and augments the economic viability of the forest or local agricultural
community, appropriate provision is made of water to meet fire flow standards, and is
consistent with applicable local, state and federal standards and regulations.
.163 Solid waste disposal facilities and sites only in those areas specified as
suitable for solid waste sites in the applicable subarea comprehensive plan, except for
sewage sludge when a utilization permit is issued by the Bell ingham - Whatcom County
district department of public health in accordance with WAC 173 - 304 -300.
164 Transitory solid waste facilities for treatment, storage, or collection, including,
but not limited to: recycle centers and drop boxes for household materials excluding large
items such as automobiles or major appliances; noncommercial composting and mulching
facilities; and including but not limited to the type of facilities operated by neighborhood
or public service organizations.
.165 Private or public, commercial and noncommercial sports facilities and clubs
including golf courses, playing fields for outdoor sports and other facilities consistent with
the purpose of this district
.166,. -Hydroelectric projects of five megawatts or less.
.168 Coin - operated laundry where developed in association with a neighborhood
grocery store as provided in WCC 20.36.160. Maximum total floor area of the laundry and
grocery store shall be 4,500 square feet.
.169 Accessory apartments or detached accessory dwelling units to single- family
dwellings, except in the Lake Whatcom Watershed, provided that:... I
.170 Bed and breakfast lodgings.
.171 Confinement feeding operations and feedlots.
.172 Commercial operations that directly provide goods or services to agricultural
operators with the intent of augmenting agricultural operations, including but not limited
15
•: 0
willom
(39) Section 20.36.253 of the Whatcom County Code is hereby amended as follows:
20.36.253 Maximum density and minimum lot size.
17
Minimum Lot Size
Min. Reserve
Area (Cluster
District
Gross Density
Conventional I Cluster
Subdivisions)
R -2A without public
1 dwelling
2 acres 1 acre
20%
water
unit/2 acres
R -2A with public
1 dwelling
2 acres 15,000 sq.ft.
65%
water
unit/2 acres
17
NOW
(49) Section 20.60.010 of the Whatcom County Code is hereby amended as follows:
20.60.010 Purpose.
The purpose of the Neighborhood Commercial District is to provide for small,
concentrated land areas intended for retail sales of convenience goods and services to
persons residing within a neighborhood trade or service area. An additional purpose of the
district is to provide developmental standards aimed at achieving cohesive, coordinated
development within this district and achieving compatibility between commercial and
surrounding residential uses. The ocation of the Neighborhood Commercial
District . s� _e _e t_ _ _
It IM IV
(50) A new Section 20.60.668 is hereby added to the Whatcom County Code in
Chapter 20.60, Neighborhood Commercial Center (NC) District, as follows:
(5 1) Section 20.63.010 of the Whatcom County Code is hereby amended as follows:
20.63.010 Purpose.
The purpose of the Tourist Commercial District is to supply sufficient areas
arranged in a concentrated form that would allow land use activities which serve the
traveling public. The district shall be located and implemented consistent with the goals,
objectives and policies of the appropriate subarea comprehensive plan. The district should
be located near major transportation corridors in such a fashion as to provide safe and
convenient access that would not impact adjacent noncommercial activities. Further, the
district should be in areas where adequate public services such as roads, sewer, water
and drainage are available. The district should provide for uses which normally serve the
traveling public and encourage a, type of development which occurs in a well- designed
pattern considering aesthetics and safety.
(52) Section 20.64.010 of the Whatcom County Code is hereby amended as follows:
23
(55) Section 20.65.010 of the Whatcom County Code is hereby amended as follows:
20.65.010 Purpose.
The purpose of the Gateway Industrial District is to supply sufficient areas arranged
in a concentrated form for land use activities which promote Canadian — American
business activity. In addition, the intent of this district is to encourage land uses and
associated densities which will be complementary with light impact industrial park
standards while allowing reasonable transition uses of the properties. The district shall
be located and implemented consistent with the goals, objectives and policies of the
appropriate subarea comprehensive plan. The district should be located near major
international transportation corridors in such a fashion as to provide safe and convenient
access that would not impact adjacent nonindustrial activities. Further, the district should
be in areas where adequate public services including but not limited to all- weather roads,
public sewer and water and stormwater drainage are available. The district provides for
uses that present a positive development image to business travelers and may provide for
commercial uses that serve the traveling public; however, commercial activities may not
be "dependent upon attracting freeway motorists except in areas withirr 1 /4 mile of the full
freeway interchange.
(56) A new Chapter 20.71, Resort Area Overlay, is hereby added to the Whatcom
County Code as follows:
25
(60) Section 20.85.020 of the Whatcom County Code is hereby amended as follows:
20.85.020 Applicability.
This chapter is applicable in any zone district o
. The provisions of this chapter can
be used for any residential, commercial and /or industrial project on property two acres
or greater in size e . o es u . ° °I s MMMI
h. A planned unit development may be used on property less than two
acres in size when the zoning administrator finds one or more of the following
conditions exists:.. .
(6 1) A new subsection .125 of Section 20.88.100 is hereby added to the Whatcom
County Code as follows:
(62) Section 20.89.010 of the Whatcom County Code is hereby amended as follows:
20.89.010 Purpose.
The purpose of this chapter is to establish procedures for the transfer of
residential development rights from one property to another. Where the applicable
subarea comprehensive plan policies and an appropriate overlay zone or zoning map
designation provide the option for transfer of residential development rights, the rights
shall be transferred consistent with the - subarea plai-c-policies and
requirements. of this- ehrapter.
The transfer of residential development rights from one property to another is
allowed in order to provide flexibility and better use of land and building techniques; to
help preserve environmentally sensitive areas and open space; to provide more
equalization of property values between various zones than would normally be the
case; and to work toward achieving county -wide land use planning goals, and the
objectives of nuividual subereft plans and of this title.
(63) Subsection .023 of Section 20.89.020 of the Whatcom County Code is hereby
amended as follows:
.023 Environmentally sensitive areas are areas MR designated in the
on the zoning maps, and in other county
regulations as being subject to natural hazards or which support unique, fragile, or
valuable natural resources and are therefore eligible for transfer credits to encourage
no development.
These areas are not necessarily synonymous with environmental sensitive areas
as defined in the State Environmental Policy Act (SEPA).(60) Section 20.85.020
of the Whatcom County Code is hereby amended as follows:
M