HomeMy WebLinkAboutord1999-081WHATCOM COUNTY COUNCIL AGENDA BILL NO--19991- 331
.'LEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: Planning &Develop
9114/99
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SEP 14 1999
WHATCOM COUNTY
COUNCIL_
9/21/99
Introduction
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Ordinance amending Whatcom County Code Title 20 regarding site specific rezones ('&C/j _qs> , Zr)
ATTACHMENTS
SUMMARY STATEMENT-
Ordinance amending Whatcom County Code Title 20, regarding site specific rezones, master plans, and site plan amendments.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1999-331 9121/99: Introduced
9128199: Held in Committee to Oct. 12
10/12/99: Public hearing continued to Oct. 26 - also in
Committee Oct. 26
10126199: Held in committee - public hearing held .open to 111 '
1119199: Held in Committee - Public Hearing closed
11/23/99: Amended and adopted 7 -0, Ord. #99 -081
RE 1 File Numbers: Ordinance or Resolution Number (this item only)
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SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 9/21/99
ORDINANCE NO. 99 -081
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
CODE TO ESTABLISH SUBMITTAL REQUIREMENTS AND PROCEDURES
FOR REVIEWING MASTER PLANS AND SITE - SPECIFIC REZONES
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 WCC 20.10.110; and
WHEREAS, The County Council decided to split the batch of proposed zoning
map and text amendments into separate ordinances to allow for public hearings and
adoption of revisions to some of the proposed amendments in advance of the other
proposed amendments; and
WHEREAS, The County Council has developed alternate text which would be
more appropriate to address this issue; 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 Thursday, March
11,1999.
2. This proposal was given a determination of non - significance by the Whatcom
County SEPA official on November 4,1998.
3. RCW 36.70B.020(4) provides direction to process site specific rezones authorized by
the comprehensive plan or subarea plan as a "project", as defined by Regulatory
Reform and in compliance with the provisions of Regulatory Reform (RCW 36.70B).
4. WCC 2.33 (Permit Review Procedures) implements the Regulatory Reform
provisions for Whatcom County. The hearing method employed by Whatcom County
for all permit applications which meet the definition of "project' as defined by
Regulatory Reform legislation is through the hearing examiner system.
5. RCW 36.70.970 — Planning Enabling Act — provides authorization for hearing
examiner system and allows for the hearing of rezone proposals, while reserving
final action on rezones for the legislative authority.
6. The proposed text amendment is in compliance with the comprehensive plan, and
- implements policies 7D-4, 7D -7, 7D -9, 2D -1 and 2D -3.
7. The proposed text implements RCW 36.70A.020(7) by establishing a more timely
review procedure for site - specific rezones.
8. The proposed text amendment provides criteria which precludes "spot zone"
applications from review. The proposed text amendment provides guidance for site-
specific rezones which require concomitant agreements as condition of approval and
further provides a similar option for rezone agreements which can be applied to area -
wide rezones. A section of the text amendment describes the minimum components
required for a master plan.
9. The proposal is in the public interest and will not detrimentally affect the public's
health, safety or morals.
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 Chapter 2.33, 20.92, 20.90 and 20.88 of the Whatcom County Code are
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.
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ADOPTED this 23 day of November, 1999
WHATCOM COUNTY COUNCIL
A WHATCOM COUNTY, WASHINGTON
an rown- Davis, Council Clerk Marlene Dawson, Chairperson
APP VED as to form:
Oivil Deputy Prosecutor
QQ Approved () Denied
A,., dY
Pete Kr men, Executi
Date:
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EXHIBIT 1
1) Section 2.33.010 of Chapter 2.33 (Permit Review Procedures) is amended as
follows:
2.33.010 Purpose and Applicability.
B. This chapter describes how the county will process applications for development. The
provisions of this chapter shall apply to all applications for a project permit that require
an open record hearing including, but not limited to:
1. Conditional uses;
2. Variances;
3. Subdivisions;
4. Shoreline permits when an open record hearing is required;
5. General binding site plans;
6. Lot consolidation relief. (Ord. 96 -031 1 ).
7. Site specific rezones.
2.33.020 Exemptions.
"rhe following are exempt from the provisions of this chapter:
A. Project permits not subject to open record hearings; including, but not limited to,
building permits and short plats, are exempt from the provisions of this chapter; provided
that:
1. The county shall make a determination of completeness pursuant to WCC
2.33.050; and
2. A final decision is made by the county pursuant to WCC 2.33.090:
-a. Within 90 days of a determination of completeness if the project is
exempt from SEPA review unless a shorter review period is provided in the other
provisions of Whatcom County Code;
b. Within 120 days of a determination of completeness if the project is
subject to SEPA review unless a shorter review period is provided in other provisions of
Whatcom County Code;
B. Planned unit development permits; provided, that the county shall make a
determination of completeness pursuant to WCC 2.33.050;
C. Major development permits; provided, that the county shall make a determination
of completeness pursuant to WCC 2.33.050;
D. Concomitant rezones: provided, that the county shall make a determination of
completeness pursuant to WCC 2.33.050;
E (B) Legislative actions including ehanges zening area -wide rezones and text
amendments, comprehensive plans or other related plans and regulations. area np
2) Chapter 20.92 (Hearing Examiner) is amended as follows:
20.92.205 Recommended decisions.
The hearing examiner shall conduct an open record hearing. and prepare a record
thereof, and make recommendations to the county council for approval or disapproval of:
(1) Major project permits;
(2) Planned unit developments;
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(3) ite
specific rezones, including those processed as maior proiect pem-lits. PUDs and /or
contract rezones.
(4)Such other permits as may be required from the county along with subsections (1)
or (2) of this section for a given project. Applications where a major project permit is
required, it shall be processed as set forth in Chapter 20.88 WCC. Where the hearing
examiner would normally make a final decision to approve or deny an accompanying
permit, the decision shall instead be in the form of a recommendation and accompany
the hearing examiner's recommendation on the major project permit or planned unit
development to the county council for final approval.
(5) Proposed rates and charges or special assessments for lake management
districts.
20.92.245 Limited jurisdiction.
The hearing examiner shall, with the exception of site - specific rezones as provided for in
WCC 20.90.030, have no jurisdiction over any project that requires a legislative action,
such as but not limited to an area -wide rezone, a comprehensive plan map change or a
shoreline management program amendment. All such projects shall be considered and
processed concurrent with and in the same manner as applications for legislative action.
The approval or denial of such projects shall be solely within the discretion of the county
council.
3) Chapter 20.90 (Amendments) is amended as follows:
Sections:
20.90.010 Purpose
20.90.020 Types of zoning amendments
20.90.030 Site specific rezones
20.90:94-0 040 Initiation of amendments.
20.90.928 050 Initiation of emergency amendments.
20.90.939 060 Suggested revisions and suggested revisions docket.
20.90.949 07CI Processing of initiated amendments.
20.90.859 080 Mid -year processing cycle schedule and application deadline.
20.90.858 090 Review and evaluation of initiated amendments - Planning and
development services.
20.90.979100 Review and recommendation by the planning commission.
20.90.889110 Review and approval by county council.
20.90.899120 Review schedule.
20.90.498 -130 Transmittal of amendments to the state.
20.90.4x 0140 Maintenance of dockets and public review.
20.90.010 Purpose.
The purpose of this chapter is to define the types of zoning amendments and establish
time lines and procedures to be followed when proposals are made for amending or
revising the county zoning ordinance.
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20.90.020 Types of zoning amendments defined.
(1) "Area -wide rezone" means a proposed change or revision to the official county
zoning map that affects a number of properties under various ownerships. An area -wide
reclassification is generally comprehensive in nature, deals with homogeneous
communities, is geographically distinctive, or has unified interest within the county, such
as subarea plans.
(a) Rezone agreements may be required if, from the facts presented, and the
findings, report and recommendations of the planning commission as required by
Chapter 20.90 hereof, the council determines that the public health, safety and general
welfare will be best served by a proposed change of zone. The council may indicate its
general approval, in principle, of the proposed rezoning by the adoption of a "resolution
of intent to rezone" the area involved. This resolution shall include any conditions,
stipulations or limitations which the council may feel necessary to require in the public
interest as a prerequisite to final action. The fulfillment of all conditions, stipulations and
limitations contained in said resolution, on the part of the applicant(s), shall make such a
resolution a binding commitment on the council. Such a resolution shall not be used to
iustify spot zoning, to create unauthorized zoning categories by excluding uses
otherwise permitted in the proposed zoning, or by imposing setback, area coverage
restrictions not specified in the code for the zoning classification, or as a substitute for a
variance. Upon completion of compliance action by the applicant, the council shall, by
ordinance, adopt such rezoning. The failure of the applicant to meet any or all
conditions, stipulations or limitations contained in the resolution, including the time limit
placed in the resolution, shall render the resolution of intent to rezone null and void,
unless an extension is granted by the council upon recommendation of the planning
commission. The time limitations shall be one (1) year. The council may grant up to five
(5) one (1) year extensions, based on demonstration of hardship or significant progress
toward completion, after which the resolution becomes null and void if all conditions,
stipulations and limitations have not been met by the applicant.
(2) "Site specific rezone" means a proposed change or revision to the official county
zoning map. Site specific rezones affect a limited number of acres and must be
composed of contiguous parcels that are under one or a limited number of ownerships
and are requested to allow a specific project not allowed under the current zoning
designation.
(3 ) "Concomitant rezone" is a site specific rezone which uses a concomitant
agreement to impose conditions on, or limitations on uses and may also require
performance by the applicants) which is /are directly related to mitigation of probable on
and offsite impacts to adiacent uses, public services and the environment. The
agreement shall generally be in the form of a covenant running with the land. The
provisions of the agreement will be in addition to all other pertinent Whatcom County
Code requirements.
(4) "Text amendments" means a proposed change or revision in the text of Title 20,
the zoning ordinance.
20.90.030 Site specific rezones — special provisions
Site specific rezones are processed as "development applications" as prescribed by
WCC 2.33 (Permit Review Procedures) and are reviewed by the hearing examiner in
accordance with 20.92.205. The final decisions regarding a site specific rezone is made
by county council. All site specific rezones are processed within the timelines as
required by WCC 2.33 except for proiects that are exempted by WCC 2.33.020(8 -D).
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(1) Site specific rezones are initiated by making application on forms provided by the
department of planning and development services. Site specific rezone applications
must satisfy the following criteria to be accepted for review:
(a) does not require a comprehensive plan amendment.
(b) requires a discretionary development permit or building permit,
(c) includes concurrent submittal of the discretionary development permit or, if a
discretionary development permit is not required, a narrative statement shall
be included with the conceptual site plan which provides a detailed
description of the project proposal and includes a project completion date.
(d) includes evidence that all property owners included within the proposed
rezone boundary concur with the rezone and project proposal as submitted
for county review.
(e) includes a completed Environmental Checklist,
(f) includes payment of all permit and zoning related fees.
(2) Approval of site specific rezone proposals must be supported by written findings
and conclusions showing specifically that all of the following conditions exist:
(a) That the proposed amendment to the zoning map is consistent with the
comprehensive plan;
(b) That the proposed amendment to the zoning will not have a significant
negative impact on public health, safety, morals, general welfare or community needs,
and will not adversely affect the surrounding properties or neighborhood.
(c) That there are changed conditions or new information since the previous
zoning became effective to warrant the proposed amendment to the zoning ma Q.
(d) That the proposed amendment is consistent and compatible with the current
uses and zoning of the surrounding land. Proposed uses shall:
i) be serviced adequately by essential public facilities such as highways,
streets, public safety and fire protection, drainage structures, refuse disposal, water and
sewers, and schools, or that the persons or agencies responsible for the establishment
of the proposed use shall be able to provide adequately any such services, and
ii) not create significant additional requirements at public cost for public
facilities and services, and will not be detrimental to the economic welfare of the
community
iii) if located within a non- industrial Urban Growth Area, the site shall:
a) be serviced by full urban services or be capable of receiving urban
services in time to serve the development:
b) shall be developed in a manner which will not preclude
development at urban levels of density when the area is annexed into a city: and
c) must be of five (5) acres or more in size.
(3) The proposed project is provisionally approved, and will revert to the original
zoning designation if project completion is not in compliance with schedules as included
with the discretionary development permit, or if no discretional development permit is
needed, within a reasonable time to be set by the hearing examiner. Bonds may be
required as a condition of approval if deemed appropriate by the hearing examiner.
(4) Not withstanding other language to the contrary, irregular boundaries that would
result from a site specific rezone proposal would not preclude the adoption of an
otherwise satisfactory site specific rezone.
(5) Site specific rezones may be processed as concomitant rezones and may be
processed concurrent with other land use approvals.
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(6) Concomitant rezone is not generally necessary for a rezone to agriculture,
commercial forestry, and rural forestry zoning districts. It may, however, be used for any
situation where extraordinary potential adverse impacts from a proposed rezone may be
mitigated -by the agreement. The concomitant rezone process may be employed for
rezones in sensitive geographic areas such as critical transportation corridors.
Concomitant rezones shall generally be used when normal review and approval
procedures are not adequate to resolve the specific issues involved in the rezone
proposal.
(7) The concomitant rezone agreement may include mitigation measures such as: -
access control, landscaping, screening, buffering, improvements to public services
including drainage, sewer, water and roads, lot coverage restrictions and phasing of
development.
(8 ) A conceptual site plan shall be required. The conceptual site plan shall be drawn
at not less than one (1) inch to one - hundred (100)(unless mutually agreed to by the
proponent and administrative official) and shall also include, but not be limited to:
(a) General location of structures.
(b) Location and number of access points.
(c) Approximate gross floor area of structures.
(d) Name of the proposal.
(e) Identification of areas requiring special treatment due to their sensitive
nature.
(f) North directional arrow.
(g) Names and location of all public streets or roads bordering the site.
(h) General legal description(s) for the site.
20.90.810 -040 Initiation of area -wide and text amendments.
Amendments to this title and /or to the official Whatcom County.zoning map may be
initiated as follows:
(1) The department of planning and development services may initiate an
amendment(s) by placing the proposed amendment(s) on the WCC Title 20 and official
zoning map initiated amendment docket.
(2) The Whatcom County planning commission may initiate an amendment(s) by
majority vote of its members to place an amendment proposal on the WCC Title 20 and
official zoning map initiated amendment docket.
(3) The county council may initiate an amendment by approving a resolution to
place a proposed amendment(s) on the WCC Title 20 and official zoning map initiated
amendment docket.
(4) A citizen may initiate an amendment(s) to this title and /or to the official
Whatcom County zoning map by making application on forms provided by the
department of planning and development services and paying a processing fee. Upon
the filing of a complete application and the payment of the processing fee, the
department of planning and development services shall place the amendment proposal
on the. WCC Title 20 and official zoning map initiated amendment docket, except in the
case of site specific rezones which are processed as described in WCC 20.90.030(1 -5)
of this section. The date on the docket shall be the date the completed application was
received by the department of planning and development services. Notwithstanding any
other provisions of this title, no application to initiate an amendment shall be deemed
complete until the required processing fee has been paid.
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(5) Amendments to this title or the official county zoning map that also require an
amendment to the comprehensive plan shall be initiated only if the accompanying
comprehensive plan amendment is initiated as provided in Chapter 20.10 WCC. The
payment of the processing fee for the zoning amendment as required by this section
shall occur within 15 days of the approval of the resolution initiating the comprehensive
plan amendment or the zoning amendment will be withdrawn. (Ord. 98 -010 1, 1998).
20.90.920 050 Initiation of emergency amendments.
For the purposes of this chapter, an "emergency amendment" means a proposed
change or revision to this title or the official Whatcom County zoning map that arises
from a situation that necessitates expeditious action to preserve the health, safety or
welfare of the public; or to support the social, economic or environmental well being of
the county or region. Emergency amendments may be reviewed and acted upon outside
the amendment review cycle. Emergency amendments may adopted by emergency
ordinance pursuant to Section 2.40 of the Whatcom County Charter when immediate
rather than expeditious action is required.
(1) Emergency amendments shall be initiated by resolution approved by a two -
thirds majority vote of the council upon a finding that a situation exists that necessitates
expeditious action to preserve the health, safety or welfare of the public; or to support
the social, economic or environmental well being of the county or region.
(2) Emergency amendments so initiated shall be forwarded to the department of
planning and development services who shall immediately begin processing the initiated
amendment in the manner set forth for the processing of WCC Title 20 and official
county zoning map amendment; provided, that the time lines set forth in WCC 20.90.999
120 shall not apply.
(3) In conducting their review and evaluation, the department of planning and
development - services and the planning commission shall each endeavor to perform their
responsibilities expeditiously while assuring adequate opportunity for public review and
comment.
(4) Nothing in this section shall be construed to limit the authority of the council to
adopt an emergency amendment to the comprehensive plan by emergency ordinance as
provided in Section 2.40 of the Whatcom County Charter. (Ord. 98 -010 1, 1998).
20.90.930 060 Suggested revisions and suggested revisions docket.
(1) Notwithstanding the provisions of WCC 20.90.948 040, interested persons,
including applicants, citizens, hearing examiners, and staff of other agencies, may
suggest revisions to this title and to the official Whatcom County zoning map by
completing and submitting a suggestion form provided for that purpose by the
department of planning and development services.
(2) The department of planning and development services shall docket each
suggested revision on the WCC Title 20 suggested revisions docket. There is no
processing fee for the placement of suggested revisions on the suggested revision
docket.
(3) Items- on the suggested revisions docket are suggested revisions only and are
not initiated amendments. No item on the suggested revisions docket will be processed
as an amendment unless it has first been initiated in the manner provided under WCC
20.90.948 040. None of the parties with authority to initiate amendments under WCC
20.90.948 040 are under any obligation to initiate suggested revisions as amendments.
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(4) At least once a year, the department of planning and development services
shall review and evaluate items on the suggested revisions docket for possible initiation
as amendments. Those suggested revisions that the department considers further the
public interest or further the goals, policies or objectives of the comprehensive plan may
be initiated by the department as amendment(s) by placing them on the WCC Title 20
and official zoning map initiated amen_ dment docket as provided in WCC 20.90.010 40.
(Ord. 98 -010 1, 1998).
20.90.846 070 Processing of initiated amendments.
(1) Initiated amendments that do not also require a comprehensive plan
amendment shall be processed in the mid -year processing cycle.
(2) Initiated amendments that require a comprehensive plan amendment shall be
processed simultaneously with the comprehensive plan amendment they accompany
(including emergency comprehensive plan amendments if applicable) and pursuant to
the comprehensive plan amendment processing schedule set forth in Chapter 20.10
WCC. (Ord. 98 -010 1, 1998).
20.90.836 080 Mid -year processing cycle schedule and application deadline.
(1) The rnid -year processing cycle for initiated amendments begins on July 1st
and follows the schedule set out in WCC 20.90.998 -120.
(2).June 30th is the docketing deadline for initiated amendments that do not
require a comprehensive plan amendment. With the exception of emergency
amendments, initiated amendments docketed after June 30th that do not also require a
comprehensive plan amendment will be scheduled for review in the next mid -year
processing cycle.
(3) Once the docket is final, the department of planning and development
services shall publish a list of the area -wide rezones to be considered and notify the
appropriate city of any proposed rezones which are within a city urban growth area.
(Ord. 98 -010 1, 1998).
20.90.068090 Review and evaluation of initiated amendments - Planning and
development services.
(1) The department of planning and development services shall conduct
environmental review under SEPA and prepare a report including recommendations on
all initiated amendments to this title and the official county zoning map and forward both
the report and the result of the environmental review to the planning commission.
(2) The report shall evaluate each initiated amendment in relationship to the
goals objectives and policies of the Whatcom County comprehensive. plan. The
department shall prepare a report and a recommendation on each amendment and shall
forward the report and recommendation to the planning commission for their
consideration. (Ord. 98 -010 1, 1998).
20.90.070100 Review and recommendation by the planning commission.
(1) The planning commission shall receive the staffs findings and
recommendations for the initiated amendments and shall establish a public comment
period during which a public hearing(s) on the amendments will be scheduled. All
amendments shall be considered concurrently, however, separate hearings may be
conducted on one or more of the amendments at a time at the discretion of the
commission.
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(2) At the conclusion of the public comment period, the commission shall
evaluate the merits of each amendment in relationship to the goals, policies and
objectives of the comprehensive plan and shall make a recommendation as to whether
the amendment should be approved, approved with modifications or denied. The
planning commission. shall then cause written findings and a recommendation to the
county council to be prepared for each amendment. The written findings and
recommendation shall be forwarded to the county council in the form of an agency report
which shall include a draft ordinance to implement the planning commissions
recommendation, if applicable. No draft ordinance is required if the recommendation is
to not approve the initiated amendment proposal. (Ord. 98 -010 1, 1998).
20.90.880110 Review and approval by county council.
(1) The county council shall receive the planning commission's findings and
recommendations on the initiated amendments. The council shall consider the planning
commissions recommendations concurrently and may schedule such additional public
hearings as the council deems necessary to serve the public interest.
(2) If after deliberating the council believes the public interest may be better
served by departing from the recommendation of the planning commission on an
initiated amendment, the council shall conduct a public hearing on that amendment.
(Ord. 98 -010 1, 1998).
20.90.830120 Review schedule.
The following schedule for the review of initiated amendments to this title. and the official
Whatcom County zoning map not also requiring an amendment to the comprehensive
plan is established:
(1) Docketing deadline for initiated amendments: June 30th;
(2) Staff report and recommendation to planning commission: On or about
October 1 st;
(3) Planning commission action on initiated amendments: On or about November
30th;
(4) Planning commission findings and recommendations submitted to county
council: On or about February 1st;
(5) County council final action on initiated amendments: On or about May 31st.
(Ord. 98 -010 1, 1998).
20.90.488130 Transmittal of amendments to the state. -
Pursuant to RCW 36.70A.106(3) the department of planning and development services
shall notify and transmit copies of initiated amendments to this title and the official
Whatcom County zoning map to the Washington State Department of Community, Trade
and Economic Development at least 60 days prior to anticipated action on the initiated
amendments. For the purposes of this chapter, planning and development services shall
transmit copies of the initiated amendments at the time planning and development
services issues their staff report to the planning commission. Planning and development
services shall send a second transmittal with the planning commission's recommended
amendments at the time the planning commission issues its recommendation to the
county council if it differs substantially from the staff recommendation. (Ord. 98 -010 1,
1998).
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20.90.440 -140 Maintenance of dockets and public review.
The WCC Title 20 and official zoning map initiated amendment docket and the
suggested revisions docket together with their supporting application files shall be
maintained by the department of planning and development services and made available
for public review during normal business hours. (Ord. 98 -010 1, 1998).
4) Chapter 20.88 MAJOR PROJECT PERMITS is amended as follows:
20.88.200 Procedure.
.205 If a major project permit is determined to be required, an application shall be
completed and filed along with the appropriate fees with the land use division of planning
and development services. A master plan is required as part of the application for a
Major Project Permit. The master plan shall include at a minimum the following
elements:
(a) General statement — a narrative description that in general terms identifies the
purpose and intended use(s) for the site.
(b) Conceptual site development plan — showing to the appropriate level of detail,
buildings and other structures, existing mature trees and landscaping, the pedestrian
and vehicle circulation system, parking areas, open space and critical areas, buffers,
and other required items. This information must cover the following_
proposed site;
(i) All existing improvements that will remain after the development of the
(ii) All improvements planned in conjunction with the proposed use;
(iii) Conceptual plans for possible future uses: and
(iv) General locations of usable open space, any land proposed to be
dedicated for open space; pedestrian and transit connection between the site and public
or private streets serving the development and connecting to off -site open space:
internal circulation (both auto and pedestrian), location Of proposed pates and fencing.
(c) Land use — the master plan must include proposed functions, uses and
boundaries of uses by phase. The description must include information as to the general
amount and type of functions of the use, hours of operation and the approximate number
of members, employees, visitors and special events. For proiects which include
residential units, proposed minimum and maximum floor area densities, number of units
and building heights must be indicated. For office /commercial and light impact industrial
projects. minimum and maximum floor area ratios must be indicated.
(d) Phasing Plan — The master plan must include the proposed development
phases, probable sequence for proposed developments, estimated dates, and interim
uses of the property awaiting development. In addition the plan should address any
proposed temporary uses or locations of uses during construction periods.
(e) Circulation . transportation and parking — the master plan must include but not
limited to: proiections by phase of traffic impacts, probable safety concerns, internal
circulation layout, parking requirements, ingress /egress locations and proposed road
standards for each phase. Specific requirements for transportation and parking include:
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(i) The expected number of trips (peak daily), an analysis of the impact of
those trips on the adjacent street system, and proposed mitigation measures to limit any
projected negative impacts. Mitigation measures may include improvements to the
street system or specific programs to reduce traffic impacts such as encouraging the use
of public transit, carpools, vanpools, and other altematives to single occupancy_ vehicles:
(ii) Proiected peak parking demand, an analysis of this demand
compared to proposed on -site and off -site supply, potential impacts to the no- street
parking system and.adiacent land uses, and mitigation measures.
(f) Utilities — the master plan must include evidence of service availability from
primary service providers — (water, sewer, power, cable, natural gas, telephone) and
address stormwater drainage management both on and off -site.
(g) Environment- the master plan must identify critical areas as defined in WCC
16.16 and areas of special concern as defined by WCC 24.05.230. Mitigating measures
for all environmental impacts identified by the applicant through a SEPA checklist, or EIS
process and /or identified by agency staff, including but not limited to special
development standards, modification of site layout, dedicated open space and mitigation
replacement areas must be identified. Identification of any hazardous wastes
anticipated, special handling techniques and or site designs required for containment
must also be addressed. If an EIS is required, the EIS and master plan may, upon
approval of the Director, be combined into a joint document.
(h) Development standards — the master plan may propose standards that will
control development of the possible future uses that are in addition to, or substitute for,
requirements of this Chapter. These may be such things as height limits, setbacks,
frontage, landscaping requirements, parking requirements, signage. view corridors or
facade treatments. Proposed standards that do not meet the minimum county standards,
must obtain the appropriate variance prior to county approval of the proposed standards.
If the proposed design standards will apply �perty located partially or totally within an
Urban Growth Area, concurrence of the affected city will be required.
(j) Procedures — master plan review shall be conducted under current review
procedures. Other land use reviews may be conducted concurrently with the master plan
review.
(i) Any modifications, additions or changes to an approved master plan
are subject to the following:
(a) Minor changes shall be reviewed for compliance and
compatibility with the approved master plan. A determination is made by the Director.
(b) Major changes shall be subject to the original procedural
application type, subject to the fees as contained in the unified fee schedule.
(c) Master plans may include, as a condition of their approval, a
requirement for a periodic progress reports and mandatory updates on a per determined
interval.
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