HomeMy WebLinkAboutord1999-044WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 1999 - 289
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: Planning & Develop
7/28/99
8/10/99
Council
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT:
Ordinance amend WCC Title 20 zoning text Chapter 20.72
ATTACHMENTS
Ordinance
SUMMARY STATEMENT.-
Related County Contract #: I Should the Clerk schedule a hearing? (Y/N N Requested Date:
This ordinance would amend the Point Roberts Special District of the Official Whatcom County Zoning Ordinance, Title 20,
Sections 20.72.010, 20.72.150, 20.72.202 -204, 20.72.260, 20.72.400, and 20.72.652 -654, and to add new Section 20.72.202 and
20.72.206 -208 to address land uses and development standards in Point Roberts.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN.-
1999-289 7/27/99: Introduced
8/10/99: Adopted 6 -0, Brown absent Ord. #99 -044
Related File Numbers: Ordinance or Resolution Number (this item only):
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 7/27/99
ORDINANCE NO. 99 -044
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
TITLE 20 ZONING TEXT CHAPTER 20.72
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 decided to split the batch of proposed
zoning map and text amendments into separate ordinances to allow adoption of
some of the proposed amendments in advance of the other proposed
amendments; 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 identified minor wording changes which
would clarify and improve readability of the proposed text, but do not change the
meaning; and
WHEREAS, The County Council finds that the zoning text amendments,
as revised, conform to the Growth Management Act and are consistent with and
implement the Comprehensive Plan; and
WHEREAS, the County Council finds the amendments in the best interest
of the public, safety, and welfare, based on the following findings and
conclusions:
FINDINGS
The Whatcom County Council adopts the Planning Commission's findings
relating to the Zoning text amendments as set forth in their Findings of Fact,
Reasons for Action, and Recommendations, which are attached as Exhibit 1.
CONCLUSION
Amendments to the Official Whatcom County Zoning Ordinance should be
adopted as set forth in the Planning Commission's Findings of Fact, Reasons for
Action, and Recommendations.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that:
Section 1. The Official Whatcom County Zoning Ordinance text and map (Title
20) is hereby amended as shown in the attached Exhibit 2.
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.
ADOPTED this loth day of August, 1999
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Marlene Dawson, Chairperson
2
I:\ PLANNING\ REZONE \ZONING.98\staffreports \98 combinedladopting ordinance47- 98.doc
APPRO ED as to form:
Civil Deputy Prosecutor
V Approved () Denied
Pe a Kremen, Executive
Date:
I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined \adopting ordinance47- 98.doc
EXHIBIT 1
File # 47 -98:ZT - Pt. Roberts Taxpayers
Applicants: ..
Point Roberts Taxpayers Association
P.O. Box 158
Point Roberts, WA 98281
Description of Proposal: To amend the Point Roberts Special District of the Official
Whatcom County Zoning Ordinance, Title 20, Sections 20.72.010, 20.72.150, 20.72.202-
204, 20.72.260, 20.72.400, and 20.72.652 -654, and to add new Sections 20.72.202 and
20.72.206 -.208 to address land uses and development standards in Point Roberts
Findings of Fact:
1. Legal notice was published in the Bellingham Herald on Thursday, March 11, 1999.
2. The Deputy SEPA Official issued a Determination of Non - significance for Whatcom
County on November 4, 1998.
3. It is found to be unconstitutional under the U.S. Constitution - Commerce Clause to
require that timber, which is cut in Point Roberts, must also be processed and
consumed in Point Roberts; and to prohibit commercial communication facilities in
Point Roberts.
4. The Federal Communications Commission preempts state regulation of
communications facilities. Local zoning cannot unreasonably interfere with the
development of such facilities.
5. Prohibiting the .development of commercial communication facilities is not consistent
with the goals and policies of the Whatcom County Comprehensive Plan.
6. The applicant has not provided staff with significant findings which substantiate
exceptional zoning standards and restrictions for land use in Point Roberts when the
same standards and restrictions would not be applied to other areas of Whatcom
County under the same zoning.
7.' Updating Title 20 zoning text to correct scrivener's errors and to reflect the current
status of the Point Roberts Character Plan would provide further clarification for
zoning code interpretation.
Planning Commission Recommendation:
Planning Commission recommends approval of the following text amendment:
Ayes:7 Nays:O Absent:2
4
I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined\adopting ordinanc_W- 98.doc
EXHIBIT 2
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.
20.72.150
Conditional uses...
20.72.200
Prohibited uses.
20.72.250
Minimum lot size.
20.72.260
Maximum density.
20.72.270
Subdivision requirements.
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: 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.
20.72.010 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 opportunities not available
in the underlying zone districts to fit them to the needs of Point Roberts. This district is
designed to protect the unique character of Point, Roberts while allowing for more
efficient opportunities for growth and more equitable value on property through transfer
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, such as increased densities
through transfers of development rights shall also override the requirements of the
y
u
I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined \adopting ordinance47- 98.doc
underlying zone. However, if the provisions of this chapter conflict with the provisions of
the Shoreline Management Program, then the most restrictive shall apply.
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.
20.72.150 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 with the added provisions that in order to protect the nonrenewable resources
of Point Roberts and to assure future availability of these resources for development
projects at Point Roberts the hearing examiner shall find that the sand and gravel being
extracted pursuant to this section shall be used only for specific identified projects at
Point Roberts.
.153 In the Resort Commercial District in the Point Roberts Marina area east of
and outside the boundaries of the property subject to the approvals granted under MDP
2 -75, the following uses are conditionally permitted only:
(1) Dry boat storage including stacked storage and boat trailer storage.
(2) Commercial sales of goods or services primarily related to boating not
to exceed a total of 20,000 square feet of gross floor area.
(3) Manufacture and repair of boats; provided that total floor area for
such use shall not exceed 10,000 square feet.
(4) Other light manufacturing uses associated with marina facilities not to
exceed a total of 20,000 square feet of gross floor area for the district, and provided no
single use exceeds 4,000 square feet of gross floor area, and further provided the
performance standards of the district (WCC 20.64.700) are met.
(5) One residential unit for owner, manager, or caretaker when part of a
building in which an approved use is located.
(6) Greenhouse and nursery facilities.
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, 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.
6
I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined\adopting ordinance47- 98.doc
(3) Commercial parking lots or garages.
.203 Neighborhood grocery stores are prohibited in the Rural Zone.
.204 In the Resort Commercial District in the Point Roberts Marina area east of
and outside the boundaries of the property subject to the approvals granted under MDP
2 -75 all uses not conditionally permitted in WCC 20.72.153 are prohibited.
20.72.250 Minimum lot size.
.251 Where the cluster subdivision option is used to protect a critical area, a
parcel size reduction of 5 percent may be granted where average parcel size (except the
reserve 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 may be 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 and resort commercial zones shall not exceed eight units per acre.
.262 Densities may be iineFea8ed USing thO GIU8t8F subdivision --W- a,
sensiti e aFea, an additional de ... at., b-..-- where aveFage size of paFG_e_4_9=iR
a. „a
20.72.270 Subdivision requirements.
.271 The UR -3 and R-1 OA Zone Districts south of APA Road between Paul's
Road and the Boundary Heights subdivision shall apply only for the purposes of a
planned unit development pursuant to Chapter 20.85 WCC. The zoning shall be R -5A
for the purpose of creation of any additional parcels utilizing any other method.
20.72.350 Building setbacks /buffer areas.
Building setbacks along Tyee Drive are increased to 50 feet. In existing treed
areas along Tyee Drive a 50 -foot vegetative buffer comprised of existing trees shall be
maintained for visual of aesthetic purposes except for necessary ingress and egress
points. In open areas a 50 -foot planted buffer shall be developed as part of the normal
landscape requirements for site development.
20.72.400 Height limitations.
.401 The maximum building height in all zones shall be 25 feet unless further
restricted by the Whatcom County 6Shoreline mManagement ffProgram or the
requirements of an the adopted character plan. Height of structures shall also conform
to the general requirements of WCC 20.80.675 where applicable.
.402 Through the conditional use permit process, the maximum building height
for any use may be increased to 45 feet under the following conditions:
7
I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined\adopting ordinance47- 98.doc
(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 to all setbacks.
20.72.650 Development criteria.
20.72.651 Facility design.
(1) All structures or developments other than a single - family home on an
individual lot shall conform to the requirements of the Point Roberts Character Plan.
(2) Manufactured housing on individual lots shall also be subject . to any
design standards established in a character plan. In lieu of such a plan, 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 the
Uniform Building Code as adopted by Whatcom County.
20.72.652 Areas of special significance: tree retention.
Section Preamble. 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 comptiance with all other landscaping requirements of this
title and other titles of the Whatcom County Code, development other than a single -
family house on an individual lot must comply with the following provisions
all development must eamply %Alrilh PFOYiSOOR #46*'
(1) The applicant shall retain existing trees over eight inches in caliper as
measured four feet above ground level to the maximum extent feasible. The county
shall require site plan alterations to achieve maximum tree retention.
(2) Existing vegetation may be used to meet all or part of the landscaping
requirements of this title.
(3) 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.
(4) 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.
(5) Any primary project permits, clearing permits; or 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. Standards
for such permits may be approved by council resolution.
(6) (Expired).
I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined\adopting ordinance47- 98.doc
(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 requirements of are the adopted character plan Of s eh a pla
in_plaee in lieu of a nhaFaeteF ., in Scenic views 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 and tFaSh. disposal. 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.
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-no —atly not be closer than 400 feet apart. In the General
Commercial area at the intersection of Tyee Drive and Benson Road one additional
access on Tyee Drive and one additional access on Benson Road shall be allowed for
the area north of Benson Road and one each for the area south of Benson Road.
Existing businesses shall be encouraged to reorient to an internal circulation pattern as it
develops. Where a fragmented ownership pattern precludes use of a parcel prior to an
internal circulation system being developed an applicant may be given a temporary
access easement to Tyee Drive or Benson Road subject to entering into an agreement
to provide future right -of -way or easements and fair share development funds which will
allow internal circulation for the commercial area. Circulation for each area may be by
dedicated public streets built by a local improvement district or other methods or it may
be private internal circulation through a common parking lot.
20.72.656 Nonvehicular access.
(1) Commercial
development of any parcel along a collector street shall require appropriate street
improvements along the road frontage of the parcel which may include ineluding curbs,
gutters, and sidewalks and appropriate provision for bicycle and equestrian facilities in
accordance with applicable comprehensive plan policies land use regulations and
current road standards, unless a lessor standard is approved by the County Engineer.
At the discretion of the division of engineering, funds may be provided in lieu of
development. This requirement may be waived if a local improvement district, road
;i,
I:\ PLANNING \REZONE\ZONING.98\staffreports \98 combined\adopting ordinance47- 98.doc
improvement district, or transportation benefit district is formed for the purpose of
providing the aforementioned improvements.
(2) QtheF than a single family house on an 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 Whatcom 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 Whatcom County Development Standards.
10
I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined\adopting ordinance47- 98.doc