HomeMy WebLinkAboutord1999-033WHA TCOM CO UNTY CO UNCIL AGENDA BILL
NO. 1999 - 184 A
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: Planning & Developm
6/30/99
6/29/99
Introduction
Division Head:
7�13�gq
FULL, COU R C4 C—
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT.-
Ordinance adopting amendments to the Whatcom County Title 20 Zoning Text
ATTACHMENTS
Ordinance and Exhibit 1
SUMMARYSTATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/1) Requested Date:
Ordinance adopting amendments to the Whatcom County Title 20 Zoning Text regarding the Gateway Industrial (GI) District
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999-184 A 6/29/99: Introduced
7/13/99: Amended and adopted 7 -0 Ord. #99 -033
Related File Numbers:
Ordinance or Resolution Number (this item only):
DPZ**94 .)33
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 6/29/99
ORDINANCE NO. 99 -033
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING TEXT CHAPTER 20.65
WHEREAS, Whatcom County Code, Title 20, Chapter 90 provides direction for
docketing zoning map and text amendments and such docket was initiated and
processed for 1998; and
WHEREAS, The Deputy. SEPA Official for Whatcom County issued a
determination of non - significance on November 4, 1998; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the
Bellingham Herald on October 31, 1998, November 26, 1998, January 4, 1999, January
14, 1999, February 11, 1999, February 27, 1999, March 11, 1999, March 25, 1999, April
11, 1999; and
WHEREAS, The Planning Commission held public hearings on the proposed
amendments on November 12, 1998, December 10, 1998, January 14, 1999, January
28, 1999, February 11, 1999, February 25, 1999, March 11, 1999, March 25, 1999, and
April 8, 1999 and considered all testimony; and
WHEREAS, The Planning Commission held a work session on April 22, 1999 to
consider all the amendments concurrently, as required by WCC 20.90.070; and
WHEREAS, The Planning Commission has evaluated the merits of each
amendment in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20.90.070; and
WHEREAS, The County Council has considered the Planning Commission's
Findings of Fact, Reasons for Action, and Recommendations for all the amendments, as
required by WCC20.10.110; and
WHEREAS, The County Council decided to split the batch of proposed zoning
map and text amendments into two or more ordinances to allow the adoption of the
proposed text amendments to Chapter 20.65 Gateway Industrial (GI) District in advance
of the other proposed amendments; and
WHEREAS, The County Council finds that the zoning text amendments
conform to the Growth Management Act and are consistent with and implement the
Comprehensive Plan and Urban Fringe Subarea Plan; and
WHEREAS, the County Council finds the zoning text amendments in the best
interest of the public, safety, and welfare, based on the following findings and
conclusions:
FINDINGS
1. Public notice was published in the Bellingham Herald on October 30, 1998.
2. A determination of nonsignificance was issued by the SEPA Official on November 4,
1998.
3. The Urban Fringe Subarea land Use Plan was adopted by the Whatcom County
Council on May 19, 1998 as part of the Whatcom County Comprehensive Plan,
4. The Urban Fringe Subarea Plan includes recommendations limiting building size and
increasing buffers within certain portions of the Urban Fringe Subarea.
5. The recommended zoning text amendments would implement the Urban Fringe
Subarea Plan by revising the building sizes and increasing setbacks in the areas
specified.
6. The Gateway Industrial zone already includes standards regarding facility design,
setbacks, landscaping, buffers, and signage, and performance standards regarding
disturbance of existing or future development, noise, dust, dirt, odors, smoke, toxic
gases or fumes, heat, glare, vibration and release of pollutants and no further
standards are necessary to implement the Urban Fringe Subarea Plan or
Comprehensive Plan.
7. The Planning Commission considered a proposal to require administrative approval
or conditional use perrnit for commercial facilities in this zone and determined that
this proposal would result in a more costly and a more time consuming review
process for development and could restrict development of Gateway Industrial areas.
8. The zoning text amendments requested in File# 71 -98:ZT would allow expansion of
commercial uses along Portal Way between Birch Bay Lynden Road and Loomis
Trail Road in areas where adequate public services and utilities are not available,
and would allow commercial uses on land identified for light industrial uses in the
adopted Urban Fringe Plan.
9. There is adequate commercial property within the % mile radius or within adjacent
Urban Growth Areas where other public services and utilities are available.
10. There are not many areas with freeway access or visibility to accommodate travelers
with recreational vehicles. It is in the public interest to provide facilities for RVs near
the freeway.
11. Hotels, motels and indoor recreational facilities are currently allowed in the Tourist
Commercial District, but are not specifically listed in Section 20.65.055 of the
Gateway Industrial zone where the other Tourist Commercial uses are listed. These
uses are appropriate in the vicinity of the Bellingham International Airport and are
consistent with the stated purpose of the Gateway Industrial Transportation Corridor,
provided adequate utility services can be provided.
12. The zoning text amendments in the recommended text amendments would not allow
expansion of commercial uses other than recreational vehicle parks and related
facilities, which do not generate a lot of traffic or demand for services and utilities.
13. There are a number of existing single - family residences within the 1 -5/ Peace Portal
Transportation Corridor. An amendment to make these permitted uses will allow
property owners to segregate and sell these houses separately from the surrounding
property.
14. The proposed text amendments would make the code easier to read and administer.
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CONCLUSION
Amendments to the Official Whatcom County Zoning Ordinance text should be adopted
as set forth in Exhibit 1.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance text (Title 20) is hereby
amended as shown in the attached Exhibit 1.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the
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.
July
ADOPTED this 13 day of MM, 1999
APPR ED as to form:
Civil Deputy Pr ecutor
3
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
4� &k
Marlene son, Chairperson
( Approved ( ) Denied
ete Kremen, Executive
Date: /? —o2 / ��
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Exhibit 1
Gateway Industrial District
20.65.050 Permitted Uses
The following permitted and accessory uses shall be allowed subject to an
evaluation by the zoning administrator pursuant to the provisions of this chapter and
Chapter 20.80 WCC. No permitted or conditional use shall be issued a building permit
without provision of public sewer and water as defined in Chapter 20.97 WCC except as
provided in WCC 20.65.058 and 20.65.654. Further, each permitted and accessory use
shall be administered pursuant to the applicable provisions of the Whatcom County
SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Shoreline Management Program.
051 General office buildings, business firm headquarters and professional
offices.
.052 Custom brokerage houses, freight terminals, indoor warehousing and
storage, parcel delivery service, freight forwarding, inspection weighing services, and
indoor packaging and crating.
.053 Wholesale trade or sales of industrial equipment, including indoor storage of
durable and nondurable goods, and outdoor storage of new or reconditioned equipment
where such outdoor storage areas individually meet all of the design and development
standards.
.054 Light impact industrial uses that are primarily related to services,
distribution, manufacture and assembly of finished products, are contained within
buildings except as provided in WCC 20.65.103. ,
.055 The following uses within 1/4 mile of a freeway interchange, except that where this
boundary divides a single parcel up to 10 percent of the area of a parcel that lies outside
of this boundary may be included within it for the purposes of lot coverage and open
space provisions.
(1) Retail shops, provided they do not exceed 10.000 square feet per shop in
Planning Areas 1 and 2, identified on Map 6 of the Urban Fringe Subarea Plan and as
described in the text of the Urban Fringe Subarea Plan: Map 6: West Bakerview /1 -5
Interchange Area. as adopted Mav 19, 1998. Retail shops in other areas may not
exceed 35.000 square feet per retail shop:
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...
.055 The following uses within 1/4 mile of a freeway interchange, except that where this
boundary divides a single parcel up to 10 percent of the area of a parcel that lies outside
of this boundary may be included within it for the purposes of lot coverage and open
space provisions.
(1) Retail shops, provided they do not exceed 10.000 square feet per shop in
Planning Areas 1 and 2, identified on Map 6 of the Urban Fringe Subarea Plan and as
described in the text of the Urban Fringe Subarea Plan: Map 6: West Bakerview /1 -5
Interchange Area. as adopted Mav 19, 1998. Retail shops in other areas may not
exceed 35.000 square feet per retail shop:
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(2) Tourist information centers.
(3) Post offices.
(4) Repair garages, and towing services when based at a service station.
(5) Banks and /or bank machines.
(6) Hotels and motels.
(7) Indoor or outdoor commercial recreational facilities.
.066 These uses permitted and GOnditionally PeFFRitted in the Ne;ghbGFhe
GeFn FneFnial Zane Dintrint as listed in \A GG 20 60.050 thraugh 20 60 163 that a e not
dependent upon attranting freeway matedsts as shown by adequate FRarl(et stUdies
PFOvided by the applueant.
.056 The following uses, provided that maximum allowable floor area of
buildings on parcels located beyond '/4 mile of a freeway interchange shall not exceed
6.000 sauare feet per individual use or an aggregate of 30,000 sauare feet within a
single development:
(1) Barber and beauty shops.
(2) Bakery shops.
(3) Drug stores, hardware stores, food markets and other convenience retail
shops.
(4) Adult or child care centers.
(5) Recreational vehicle parks and associated sales and service facilities.
(6) Churches.
(7) Service stations.
(8) Laundry and dry cleaning establishments.
(9) Eating and drinking establishments.
(10) Commercial storage of personal recreational boats and trailers,
recreational vehicles and accompanying mini - storage.
.057 Agriculture, including commercial horticulture and tree farming, but
excluding intensive animal husbandry, with or without public services as long as services
meet the requirements of the fire code and the health department.
4'1
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.058 Public uses which because of locational requirements are necessary in the
Gateway Industrial District.
.059 One residential unit for owner - manager or caretaker when part of a building
in which the primary use is located.
.060 One existing single- family unit per lot.
20.65.400 Height Limitations.
Maximum building height shall not exceed 35 feet, except that an additional foot in
height is allowed for each one foot increase in setback in the yard adjoining the
interstate highway up to 46 feet 75 feet. Height of structures, where applicable, shall
also comply to general requirements of WCC 20.80.675.
20.65.550 Buffer Area.
When a parcel situated within this district adjoins an Urban Residential, Urban
Residential Medium Density, Rural or Residential Rural District, side and rear yard
setbacks shall be increased to 25 feet. In Planning Areas 2 and 3. identified on Map 6 of
the Urban Fringe Subarea Plan, buffer areas shall be increased to 100 feet for major
commercial or industrial projects. Said area shall be landscaped consistent with the
requirements of WCC 20.80.345. Use of buffer areas and setbacks for bicycle and
pedestrian trails is encouraged.
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