HomeMy WebLinkAboutord1999-076WHATCOM CO UNTY CO UNCIL AGENDA BILL NO. L7q — yoS
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
iginator. Matt W. Aamot
ri5
u 1
J OCT 9 1999
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10 -26 -99
Council Introduction
Division (lead: Sylvia Goodwin
1,9 -99
v
Planning & Development
Committee
Dept Head: Michael T. Knapp
6-6-11
11 -23 -99
£ D �U RC-IL-
Prosecutor: Dave Grant
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1G_15
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Purchasing/Budget:
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4
Executive. Pete Kremen
SUBJECT. Ordinance adopting omprehensive Plan amendments, along with associated zoning amendments, relating to the
Bellingham UGAIMarine Dr. Rezone (File # CMP99- 00009).
I
ATTACHMENTS.
I
(1) Proposed Ordinance. j
I
I
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( xl ) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date:
I The Council must hold a hearing if they want to change the Planning
Commission's recommendation (WCC 20.10.110 and WCC 20.90.090).
SUMMARY STATEMENT: The request is to adopt amendments to the Urban
Distribution Request
cringe Subarea Plan map and to the zoning map redesignating a 10.74 acre site
the Bellingham Urban Growth Area from Urban Residential three
dwellingslacre to Light Impact Industrial. This request is subject to a
Indicate those who should receive a copy after Council action.
List specific names to the right.
concomitant agreement that would limit the uses on the site.
ADS Facilities Management
The Growth Management Act requires that Comprehensive Plan amendments be
considered only once per year, with certain exceptions. All amendments must be
considered concurrently. In 1999, the County Council initiated 13 amendments
for review under Resolution No. 99 -012. The Planning Commission held
multiple hearings to consider these amendments. The Planning Commission
took a final vote on the package of the 13 amendments on October 14, 1999. The
Council is requested to adopt the Planning Commission's recommendations or,
alternatively, to hold a hearing and adopt modifications to the Commission's
recommendations. The Council can not adopt the amendments until 60 days
ADS Finance
ADS Human Resources
ADS Info Services
,assessor
Auditor
Cooperative Extension
District Court
Executive
Health
j
Hearing Examiner
Michael Bobbink
after they were sent to the State Department of Community, Trade & Economic
Development, which occurred on September 23, 1999 (RCW 36.70A.1061WAC
Jail
365 -195 -620). Additionally, the amendments have to be adopted prior to or along
with the budget (WCC 20.10.040). Therefore, it appears that the request should
be voted on at the Council's November 23, 1999 meeting.
COUNCIL ACTION TAKEN.
Juvenile
Parks
1999-405 10/26/99: Introduced
Planning
Michael T. Knapp
11/9/99: Held in Committee
11/23/99: Amended and adopted 7 -0, Ord. #99 -076
Prosecutor
Public Works
Sheriff
Superior Court
Treasurer
Other
Ordinance or Resolutionmber
Related File Numbers: AB99 -074
(this item):
LPlanning\Rewne \Comp.99\Agenda Bills \CMP99- 00009.doe
Fite Ref: CMP99 -00009 SPONSORED BY: Consent
10 -15 -99 PROPOSED BY: Planning & Development Services
INTRODUCTION DATE: 10/26/99
ORDINANCE NO. 99 -076
AMENDING THE URBAN FRINGE SUBAREA PLAN AND THE WHATCOM
COUNTY TITLE 20 ZONING MAP FROM UR3 TO LII FOR 10.74 ACRES
(BELLINGHAM UGA/MARINE DR. REZONE)
WHEREAS, The Whatcom County Council passed Resolution 99 -012 on March 23, 1999
initiating 13 Comprehensive Plan amendments, and related amendments to the Official Whatcom
County Zoning Ordinance (Title 20), for review in 1999; and
WHEREAS, One of the proposed amendments is a request to amend the Urban Fringe
Subarea Plan map and the Whatcom County zoning map for 10.74 acres in Bellingham's Urban
Growth Area from Urban Residential three dwellings /acre to Light Impact Industrial; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued a determination of
non - significance on May 11, 1999; and
WHEREAS, Pursuant to RCW 36.70.390 and RCW 36.70.590, legal notice was published
in the Bellingham Herald on July 8, 1999; and
WHEREAS, The Planning Commission held a public hearing on the subject amendment on
July 21, 1999 and considered all testimony;
WHEREAS, The Planning Commission held a work session on October 14,1999 to consider
all the amendments concurrently, as required by WCC 20.10.100, WCC 20.90.070, and WCC
20.90.040; and
WHEREAS, The Planning Commission 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. 10. and WCC 20.90.070; and
WHEREAS, The Planning Commission issued Findings of Fact & Reasons for Actions,
Conclusions and Recommendations on the amendments; and
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact & Reasons for Action, Conclusions, and Recommendations for all the amendments, as
required by WCC 20. 10.110 and WCC 20.90.080; and
WHEREAS, the County Council has considered all the amendments concurrently so that
the cumulative effect of the various proposals can be ascertained, as required by the Growth
Management Act (RCW 36.70A.130) and WCC 20.10.010; and
WHEREAS, the County Council finds that the amendment to the Urban Fringe Subarea
Plan map recommended by the Planning Commission is consistent with the Growth Management
Act and the amendment to the Official Whatcom County Zoning map recommended by the
Planning Commission is consistent with and implements the Comprehensive Plan; and
WHEREAS, the County Council finds the amendments in the best interest of the public
health, safety, and welfare, based on the following findings and conclusions:
FINDINGS
1. The request is for an amendment to the official Whatcom County Zoning map and Urban Fringe
Subarea map and text from Urban Residential Three Units per Acre(UR3) to Light Impact
Industrial (LII), for approximately 10.74 acres.
2. Notice was mailed to the owners of the subject property, as shown on the records of the County
Assessor, and to owners of properties within 300' of the subject property and posted on the site
on July 9, 1999, and was published in the Bellingham Herald on July 8, 1999.
3. A Determination of Non - Significance was issued by the Deputy SEPA Official for Whatcom
County on May 11, 1999.
4. The site is located on the Southwest corner of Locust Rd. and Marine Drive, within the City of
Bellingham's Urban Growth Area.
5. The adjacent property lying southeast of the subject site is zoned Heavy Impact Industrial and
occupied by the Tilbury Cement Plant and properties to the southwest of the site are zoned Light
Impact Industrial. This property will act as a transitional use between the heavy impact
industrial zone and the UR -3 zone.
6. The width of the Locust Avenue right -of -way and the 50 foot setbacks, landscaping and
development standards in the Light Impact Industrial zoning are adequate to separate residential
and light industrial uses and prevent adverse impacts to adjacent residential properties.and the
ravine.
7. It is probable that public services and utilities necessary to develop this property can be provided
concurrent with development. Concurrency provisions in Title 20.80.212 are adequate to ensure
that development will not be approved until the required services and utilities are available and
traffic impact are addressed.
8. Project review and approval will include review of access and ensure that industrial traffic will
not. enter or exit the site from Locust Avenue.
9. Changed conditions which support this amendment include: infill development of existing Light
Impact Industrial zoned properties, extension of sewer service to adjacent properties, the
adoption of an Interlocal Agreement with the City of Bellingham, and the amendments to the
Light Impact Industrial zoning text approved by the Planning Commission on June 17, 1999.
10. Being adjacent to the UR -3 zone, the potential provision of employment opportunities at this
location would provide short commuting distances and minimal vehicle trips as defined by
Comprehensive Plan policy 6D -1.
11.The proposed restrictions limiting adult businesses within 1,000 feet of an adjacent residential
zone would prevent the location of adult businesses at this location.
CONCLUSIONS
1. It is in the public interest to provide additional fully served light industrial properties, which
could result in additional business and employment opportunities for County residents.
2. Adjacent residential properties are adequately protected by the setbacks, landscaping
requirements and development standards which apply to Light Impact Industrial development.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Subject to the concomitant agreement shown on Exhibit 1, the Urban Fringe
Subarea Plan map and the Official Whatcom County Zoning map are hereby amended as
shown on Exhibit 2.
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 23 day of November, 1999.
WHATCOM COUNTY COUNCIL
TE WHATCOM COUNTY, ASHINGTON
Dana rown-Davis, Council Clerk Marlene Dawson, Chairperson
Z APP VED as to form:
Civil Deputy Prosecutor
01 Approved () Denied
A
4,4, �
Pete Kr men, Executive
Date: / 4g
Exhibit 1
AGREEMENT
This Agreement (herein "Agreement ") is made and entered into this day of
1999, by and between CONVEYOR DYNAMICS, INC., a corporation,
herein "CDI," and WHATCOM COUNTY, a subdivision of the State of Washington,
herein "County."
RECITALS
CDI is the owner of certain real property, herein the "Property," which
is more particularly described on Exhibit "A," attached hereto.and incorporated herein,
and which is the subject of an application for rezone From Urban Residential three units
per acre (UR3) to Light Impact Industrial (LII). The comprehensive plan designation for
the Property is Urban Growth Area.
A determination of nonsignificance for this rezone proposal was issued by
the Deputy SEPA Official for County on May 11, 1999, and notices were mailed to the
owners of the Property and owners of property within three hundred (300) feet of the
Property, as shown on the records of the County Assessor, posted on the Property on
July 9, 1999, and was also published in the Bellingham Herald on July 8, 1999.
On July 22, 1999, the Whatcom County Planning Commission (the
"Commission ") held a public hearing, considered input from the staff, applicant and
neighbors, and recommended to the Whatcom County Council (the "Council ") that the
rezone to LII be approved subject to a concomitant agreement. This recommendation
was reaffirmed by the Commission on September 9, 1999, and forwarded to the Council
and approved.
In response to the Commission's recommendation, the County has
entered into this agreement with CDI concurrently with the rezone of the Property to LII.
The purpose of this Agreement is to modify the provisions of the zone text
for the LII district with respect to the Property to eliminate certain uses which would
ordinarily be allowed in the LII, and to further qualify the mariner in which those
remaining uses allowed will be conducted on the Property. It is not intended that this
Agreement would modify or eliminate other relevant requirements imposed by other
applicable ordinances and regulations.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein, and in consideration of the rezone of the Property as
discussed above, the parties covenant and agree as follows:
Rezone. Concurrently with the approval of this Agreement, Council shall
rezone the Property to LII, subject to the terms and conditions of this Agreement.
Permitted Uses. Permitted uses in the LII are identified in Whatcom
County Code (WCC) 20.66.050. These permitted uses are allowed on the Property,
except as provided below.
Permitted Uses Prohibited. The permitted uses identified in the
section itemized below are prohibited outright, as follows: .059, .063, .064, .069, .072.
Permitted Uses Restricted. The permitted uses listed below are
allowed, but restricted as indicated below:
(1) Use listed below may be conducted in a space with a floor
4
area not exceeding 20,000 square feet, as follows: .058, .062, .068, .071, .073, .074.
(2) The uses allowed by .078 must be similar in nature to uses which are allowed by
this Agreement and with the restrictions provided by this agreement on such uses.
Accessory Uses. Accessory uses in the LII are allowed pursuant to WCC
20.66.100.
Conditional Uses. Conditional uses are allowed by WCC 20.66.150. All
conditional uses in that section (.151 -.156) are prohibited.
Height. Not withstanding any other provision of WCC Title 20, the height
of any structure on the Property is hereby limited to thirty -five (35) feet.
Access. Access to the Property shall be limited to Marine Drive only.
Enclosure. All manufacture, processing, treatment and /or fabrication shall
occur only in an enclosed building.
Screen. Permanent storage of raw material, equipment and /or product
outside of a fully enclosed structure is only allowed if screened from view of the
adjoining residential neighborhoods by a fence or other impenetrable screen.
Effective Date. This Agreement shall be come effective on the effective
date of the ordinance rezoning the Property to LII.
Miscellaneous. -
Applicable Law. This Agreement shall in all respects be governed by
-the laws of the State of Washington and Whatcom County Codes.
Modification or Amendment. No amendment, change or modification
of this Agreement shall be valid, unless in writing and signed by all of the parties hereto.
Successors and Assigns. All of the terms and provisions contained
herein shall inure to the benefit of and shall be binding upon the parties hereto and their
respective heirs, legal representatives, successors and assigns.
Entire Agreement. This Agreement constitutes the entire
understanding and agreement of the parties with respect to its subject matter and any
and all prior agreements understandings or representation with respect to its subject
matter are hereby canceled in their entirety and are of no further force or effect.
Headings. The captions and paragraph headings used in this Agreement are inserted
for convenience of reference only and are not intended to define, limit or affect the
interpretation or construction of any term or provision hereof.
IN WITNESS WHEREOF the parties have executed this Agreement on the day above
first written.
CONVEYO DYNAMI S, INC.
By: ..".
Titl e , ,
WHATCOM COUNTY COUNCIL
Chairperson
5
,State of Washington)
)ss.
County of Whatcom)
Pete K (emen, Executiv
Date: �ZI2I q I
2�D
On this 1 day of Joy , +999, before me personally appeared
LASE K to me known to be the president of CONVEYOR DYNAMICS,
INC., a Washington corporation, the corporation that executed the within and foregoing
instrument to be the free and voluntary act and deed of said corporation for the uses
and purposes therein mentioned, and on oath stated that Ls,,,yr,- � k_. Ooe,,c� was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
Notary Public in and for the State of
Washington, residing -.at &; b oc-A �
My Commission Expires 1 O • 2'o - o ( .
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Chapter 20.66
LIGHT IMPACT INDUSTRIAL
(LII) DISTRICT
Sections:
20.66.010
Purpose.
20.66.050
Permitted uses.
20.66.100
Accessory uses.
20.66.150
Conditional uses.
20.66.200
Prohibited uses.
20.66.250
Minimum lot size.
20.66.350
Building setbacks.
20.66.400.
Height limitations.
20.66.450
Lot coverage.
20.66.500
Repealed.
20.66.550
Buffer area.
20.66.600
Sign regulations.
20.66.650
Development criteria.
20.66.651
Landscaping.
20.66.652
Off- street parking and loading.
20.66.653
Drainage.
20.66.654
Driveways.
20.66.655
Access.
20.66.656
Maintenance.
20.66.657
Enclosure.
20.66.700
Performance standards.
20.66.701
Pollution control and nuisance abatement.
20.66.702
Heat, light and glare.
20.66.703
Ground vibration.
20.66:704
Odors.
20.66.705
Noise.
20.66.706
Toxic gases and fumes.
20.66.707
Liquid pollutants.
20.66.010 Purpose.
The purpose of this district is to implement the Light Industrial Park designation of the
comprehensive plan by providing for the planned development of large land areas, in appropriate
locations, exclusively for industrial and subordinate uses which provide support services to the
district. Light industrial uses are primarily related to services, and distribution, manufacture and
assembly of finished products that have a relatively light impact on adjacent uses and districts.
Furthermore, it is the purpose of this district to encourage the master planning of the entire industrial
site in ensuring compatibility between industrial operations, as well as the existing and future
character of adjacent areas. (Ord. 84 -38, 1984).
20.66.050 Permitted uses.
Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant
to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements), Chapter 20.84
WCC (Variances, Conditional Uses and Appeals) and Chapter 20.86 WCC (Procedures for Light
and Heavy Impact Industrial District Applications), the Whatcom County SEPA Ordinance, the
Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.
.051 The manufacturing and processing of food of a nature that meets the purpose and
performance standards of this district excluding primary processing of meat and fish products.
.052 Fabrication of office, computing and accounting machine.
.053 Manufacture of miscellaneous textile goods and fabrication of apparel including clothing,
hats, caps, millinery fur products; and miscellaneous fabricated textile products.
.054 Fabrication of furniture and fixtures including household, office and public building
furniture; and partitions, shelving and lockers.
.055 Fabrication of paper products including paperboard containers, boxes, carrion boxes and
paper containers.
.056 Printing and publishing newspapers, periodicals and books; commercial printing;. book
binding; and manufacture of manifold business forms and greeting cards.
.057 Fabrication of leather products including belting; packing; cut stock and findings for shoes
and boots; shoes; footwear; gloves and mittens; luggage; personal leather goods and handbags.
.058 Fabrication of glass products including glass products from prepared materials; stone
cutting; and monuments. (WOULD BE LIMITED TO 20,000 FOOT BUILDINGS BY
COMCOMITANT AGREEMENT.)
.059 Processing and packaging of drug, pharmaceuticals, perfumes and cosmetics. (WOULD
BE PROHIBITED BY COMCOMITANT AGREEMENT) .
.060 Fabrication of electrical equipment including industrial apparatus and household appliances,
radio and television sets; communications equipment; electrical components and accessories; and
electric lighting equipment and lamps.
.061 Fabrication of instruments, photographic goods, optical goods, watches and clocks, and
including engineering, scientific, surgical, medical, dental and ophthalmic products.
.062 Manufacture and fabrication of jewelry, silverware, plated ware, musical instruments
and parts, toys, sporting and athletic goods; pens, pencils and other office and artistic supplies;
novelties, buttons and notions; and miscellaneous manufacture. (WOULD BE LIMITED TO
20,000 FOOT BUILDINGS BY COMCOMITANT AGREEMENT.)
..063 Rail, truck and freight terminals; warehousing and storage; parcel delivery service;
freight forwarding; inspection weighing services; and packaging and crating. (WOULD BE
PROHIBITED BY COMCOMITANT AGREEMENT)
.064 Boat building and repair. (WOULD BE PROHIBITED BY COMCOMITANT
AGREEMENT)
.065 Communications including telephone exchanges, and radio and television broadcasting
stations and transmitting towers. (HEIGHT WOULD BE LIMITED TO 35 FEET.)
.066 Business firm headquarters and professional offices.
.067 Construction contractors' business offices and storage and equipment yards.
.068 Wholesale trade or storage of durable and nondurable goods including automobile
parts and supplies; tires and tubes; furniture. and home furnishings; lumber and other
construction materials; sporting goods, toys and hobby goods; metal service centers and
offices; electrical goods; hardware, plumbing and heating equipment; machinery equipment
10
and supplies; jewelry, watches and precious stones; other durable goods; paper and paper
products; drugs, proprietaries and sundries; apparel, piece goods and notions; groceries and
related products; beer, wine and distilled beverages; waste bottles; waste boxes; rags; waste
paper; wiping rags and miscellaneous nondurable goods; provided, however, that trade,
storage or processing of sulphur shall be prohibited. (WOULD BE LIMITED TO 20,000
SQUARE FOOT BUILDINGS BY COMCOMITANT AGREEMENT)
.069. Building material yards, if screened by a fence and/or vegetation as specified in WCC
20.80.355; provided that screening shall not be required between two contiguous yards where
the operator of each yard agrees that such screening is unnecessary. (WOULD BE LIMITED
TO 20,000 SQUARE FEET BUILDINGS BY COMCOMITANT AGREEMENT)
.070 Eating establishments, convenience grocery stores, cafes and gas stations operating primarily
for the convenience of employees, clients and customers of the district; providing the following
criteria are met:
(1) Maximum floor area is 3,000 square feet per use;
(2) No more than two pump islands for each gas station;
(3) Centrally located within the district to primarily serve the industrial uses of this district and
not to primarily serve adjacent nonindustrial uses.
.071 Manufacture, processing, treatment or fabrication of metal products and machinery;
provided that smelters and remelting mills, and the manufacturing of turbines, oil machinery,
mining machinery, industrial process ovens, paper, and textile or rolling mill machinery shall
be prohibited. (WOULD BE LIMITED TO 20,000 FOOT BUILDINGS BY COMCOMITANT
AGREEMENT.)
.072 Manufacture, processing, treatment and fabrication of lumber, millwork, mobile
homes, travel trailers, campers, miscellaneous wood products and other buildings, roofing and
construction materials; provided that all odor and noise producing processes shall be
conducted within an enclosed structure equipped with such scrubbing, filtering equipment or
noise. reduction equipment as is necessary to mitigate the odor and/or noise produced.
(WOULD BE PROHIBITED BY COMCOMITANT AGREEMENT)
.073 Fabrication of rubber products from finished rubber only and manufacture of
miscellaneous plastic products from purchased resins only. (WOULD BE LIMITED TO
20,000 FOOT BUILDINGS BY COMCOMITANT AGREEMENT.)
.074 Manufacture of glass, glass products, pottery and related products,.and cutting and
shaping of stone products. (WOULD BE LIMITED TO 20,000 FOOT BUILDINGS BY
COMCOMITANT AGREEMENT.)
.075 Bottling plants.
.076 Churches.
.077 Public uses and community facilities including police and fire stations, libraries, community
centers, recreation facilities and other similar noncommercial uses.
.078 Other uses similar in nature to the uses listed above which are consistent with the
purpose and intent of the district, have similar effects on surrounding land uses, and can meet
the performance standards for this district. (THESE USES WOULD BE LIMITED TO USES
SIMILAR IN NATURE TO USES ALLOWED UNDER THIS AGREEMENT AND THE
RESTRICTIONS PROVIDED BY THIS AGREEMENT.)
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20.66.100 Accessory uses.
.101 Employee recreation facilities and play areas.
.102 Temporary buildings for construction purposes for a period not to exceed the duration of such
construction.
.103 Testing and experimentation in connection with a principally permitted use.
.104 Other accessory uses and buildings, including security and caretaker residences, customarily
appurtenant to a principally permitted use.
.105 Retail sales of merchandise manufactured, assembled or stored on the site and consistent with
the definition of accessory uses as defined in Chapter 20.97 WCC (Definitions).
.106 On -site treatment and storage facilities for hazardous wastes associated with outright
permitted uses or approved conditional uses subject to the most current siting criteria under Chapter
173 -303 WAC. (Ord. 89 -10, 1989; Ord. 87 -12, 1987; Ord. 87 =11, 1987; Ord. 84 -38, 1984).
20.66.150 Conditional uses.
(ALL OF THE FOLLOWING CONDITIONAL USES WOULD BE PROHIBITED UNDER
THE PROPOSED CONCOMITANT AGREEMENT)
.151 Manufacture of hydraulic cement; concrete gypsum and plaster products; and abrasive
asbestos and miscellaneous nonmetallic mineral products.
.152 Manufacture of sands.
.153 Repair, service and accessory sales for motor vehicles, boats and farm implements
provided:
(1) The use or uses are not expected to generate significantly more traffic than that which
would ordinarily be expected by an industrial use of comparable intensity; and
(2) It can be established that sufficient undeveloped, usable property zoned LII is available
for the outright permitted uses within the planning subarea for the projected life of the plan
as determined by the planning department. Applicant, will be responsible for furnishing
necessary information.
.154 Solid waste disposal facilities and sites of a permanent nature including, but not limited
to, landfills, incinerators, and transfer stations, excluding sewage sludge permitted by the
Whatcom County department of public health in accordance with WAC 173 - 304 -300;
provided that the hearing examiner determines that the proposed facility or site meets the
following conditions:
(1) The facility or site will not be located within any area identified in an adopted critical
areas ordinance or 100 -year floodplain unless outside of the floodplain and at least three feet
in elevation higher than the floodway elevation;
(2) Filling or excavation, structures, or nonmobile machinery for all facilities except inert,
demolition, and wood waste landfills will not be located within 1,000 feet of any zone district
other than Agriculture or Industrial Zoning Districts, nor any public park, recreation area,
wildlife refuge, archaeological and historic areas, shoreline .under the jurisdiction of the
Shoreline Management Program, unless temporary and of less than 12 months duration;
structures used for offices, storage areas for equipment, and weigh scales may be located
within 1,000 feet, but no closer than 100 feet or the district setbacks, whichever is greater, if
impacts on the adjoining use are shown to be in keeping with the existing and permitted uses
in the area;
(3) Inert, demolition, and wood waste landfills will not have any filling or excavation areas,.
structures, or machinery located within 500 feet of any zone district other than Agriculture or
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Industrial Zoning Districts, nor any public park, recreation area, wildlife refuge,
archaeological and historic areas, shoreline under the jurisdiction of the Shoreline
Management Program, unless temporary and of less than 12 months duration; structures used
for offices, storage areas for equipment, and weigh scales may be located within 1,000 feet, but
no closer than 100 feet or the district setbacks, whichever is greater, if impacts on the adjoining
use are shown to be in keeping with the existing and permitted uses in the area;
(4) The facility or site will not result in filling or excavation, location of structures or
buildings, driveways or machinery use except for vegetation maintenance Within 100 feet of
any property line and except for driveways within 150 feet of any county or state road right-of-
way;
(5) The facility or site will have vehicular approaches designed to minimize conflict between
automobile and truck traffic, will maintain the carrying capacity of county roads, and will be
located on a road classified as all weather, except where use is shown to be intermittent and
easily delayed until emergency conditions have passed;
(6) The facility or site has complied with the provisions of WCC 20.84.200 and all other
ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC
Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations
concerning solid waste facilities and sites; and
(7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of
Chapter 173 -304 WAC, and the closure plan includes:
(a) Reclamation in two to 10 acre increments, as appropriately responsive to the size
and intensity of the particular activity, with seeding to be accomplished annually but no later
than September 30th; and
(b) Permanent vegetative cover that will be maintained in a healthy growing condition
with the level of maintenance that is covered through the financial assurance for post - closure
activities.
(8) The buffer areas and visual screening shall include a minimum of 50 feet wide of
landscaping meeting the requirements of WCC 20.80.300 (Landscaping);
(9) In addition, the Whatcom County hearing examiner may impose conditions of approval
which may be necessary to protect the value and enjoyment of existing adjacent uses.
.155 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.
.156 Golf courses and commercial recreation facilities related to golf courses. (Ord. 94 -056,
1994; Ord. 91- 013,1991; Ord. 90 -11, 1990; Ord. 88- 76,1988; Ord. 87- 12,1987; Ord. 87 -11,
1987; Ord. 84- 38,1984).
20.66.200 Prohibited uses.
All other uses.
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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. (Ord. 97 -57 1, 1997; Ord. 96 -046 1,
1996).
.20.66.350 Building setbacks.
Building setbacks shall be administered pursuant to WCC 20.80.200.
20.66.400 Height limitations.
No maximum height is established; however, when building height exceeds 35 feet, the
setback requirements of WCC 20.80.200 shall be increased by one foot for each foot of building
height in excess of 35 feet, as applicable to all setbacks. Height of structures shall also conform
to, where applicable, the general requirements of WCC 20.80.675. (FIGHT FOR ALL USES
WOULD BE RESTRICTED TO 35 FEET UNDER THE CONCOMITANT AGREEMENT)
20.66.450 Lot coverage.
The maximum building coverage shall not exceed 60 percent of the lot size.
20.66.500 Open space.
Repealed by Ord. 97 -057. (Ord. 96 -046, 1996; Ord. 87 -12, 1987; Ord. 87 -11, 1987; Ord. 84 -38,
1984).
20.66.550 Buffer area.
.551 When a parcel situated within this district adjoins an Urban Residential, Urban Residential
Medium Density, Rural or Residential Rural District, or county or state roads designated as or
proposed for improvements to principal arterial status, setbacks shall be increased to 50 feet. A
minimum of 25 feet shall be landscaped consistent with the requirements of WCC 20.80.345.
.552 If any part of said buffer area is separated from, or sold to any contiguous or adjacent owner,
lessee or user, the parcel so separated or sold shall be used only as a buffer area in accordance with
the above requirements. (Ord. 89-117,1989). (ADDITIONAL SCREENING OF OUTDOOR
STORAGE AREAS IS ADDED BY PROPOSED CONCOMITNAT AGREEMENT.)
20.66.600 Sign regulations.
. Sign regulations shall be administered pursuant to WCC 20.80.400.
20.66.650 Development criteria.
(Ord. 96 -056 Att. A Al, 1996).
20.66.651 Landscaping.
Refer to WCC 20.80.300 for landscaping requirements. (Ord. 89 -117, 1989).
20.66.652 Off - street parking and loading.
Off - street parking and loading provisions shall be administered pursuant to WCC 20.80.500. In
addition, loading areas must be located in such a manner that no loading, unloading and/or
maneuvering of trucks associated therewith takes place on public rights -of -way.
14
20.66.653 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. (Ord. 96-
056 Att. A A2, 1996; Ord. 94 -022, 1994).
20.66.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county engineer or
State Department of Highways. (Ord. 84 -38, 1984).
20.66.655 Access.
Access shall conform to the provisions of WCC 20.80.565 and 20.80.660.
20.66.656 Maintenance.
The owner, lessee or user shall be responsible for maintaining an orderly appearance of all
properties and shall be responsible for assuring the care and maintenance of any natural growth
where appropriate. All required yards, parking areas, storage areas, operation yards and other open
uses on the site which are adjacent to a public right -of -way shall be maintained in a neat and orderly
manner appropriate for the district at all times.
20.66.657 Enclosure.
All manufacturing or fabrication processes which produce physical off -site impacts of a
detrimental nature shall be sufficiently enclosed to mitigate the impact. (UNDER
CONCOMITANT AGREEMENT, ALL MANUFACTURE, PROCESSING, TREATMENT
AND /OR FABRICATION SHALL OCCUR ONLY IN AN ENCLOSED BUILDING)
20.66.700 Performance standards.
20.66.701 Pollution control and nuisance abatement.
Each industry is required to continuously employ the best pollution control and nuisance
abatement technology when reasonable and practicably available for each particular industry;
provided that where federal, state, or regional laws or regulations provide for the level of technology
to be employed, the appropriate standards shall apply.
20.66.702 Heat, light and glare.
All operations and facilities producing heat, light or glare, including exterior lighting, shall be so
constructed, screened or used as to not unreasonably infringe upon the use and enjoyment of
property beyond the boundaries of the district.
20.66.703 Ground vibration.
No ground vibration other than that caused by highway vehicles, trains or construction activity
shall be permitted which is discernible, without instruments, at or beyond the property line for the
use concerned.
15
20.66.704 Odors.
No odor, dust, dirt, or smoke shall be emitted that is detectable, at or beyond the property line, for
the use concerned, in such a concentration or of such duration as to cause a public nuisance, or
threaten health or safety, or to unreasonably infringe upon the use and enjoyment of property beyond
the boundaries of the district.
20.66.705 Noise.
No use in this district shall exceed the maximum environmental noise level established by Chapter
173 -60 WAC. (Ord. 91-075,1991).
20.66.706 Toxic gases and fumes.
There shall be no emission of toxic gases or fumes. (Ord. 91 -075, 1991).
20.66.707 Liquid pollutants.
There shall be no off -site release to soil or surface drainage ways of water borne or liquid
pollutants. (Ord. 91 -075, 1991).
16
Exhibit 2
SUBJECT PROPERTY
Current Zoning Designation: UR3
Planning Commision Recommendation: LII
Bellingham UGA/Marine Dr.
File: CMP99 -00009
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