HomeMy WebLinkAboutord1996-046NHATCOM COUNTY COUNCIL AGENDA BILL NO. 96 -357
CLEARANCES
I itial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Xiginator: Terry Galvin
tb y 9
1 w
`/
ttt,
��y'L /. p {-�y
U HA f�FC�• 1M COUIV W
COUNCIL
10/15/96
Council Introduction
Division Head: Elizabeth Sjostrom
F35
e)10 1 (Q
10/29/96
P & Q . Council
Dept. Head: Michael Knapp
10 (p
Prosecutor:
Purchasing /Budget:
Executive:
�/�
/D -7 9G
SUBJECT. • An Ordinance amending certain provisions of Title 20, WCC that remove open space requirements in
the GM, LII, and HII zones and amending the definition of open space as it is applied in all zones.
ATTACHMENTS: Proposed Ordinance
Agency Report with attached Staff Report
Draft Planning Commission Minutes
SUMMARY STATEMENT:
Amount budeeted for this item /oroiect: S n/a
Please complete sections of box as appropriate & explain the item below.
Is it (or wiilif be) within budeet? YES /X/ NO / /
Budeet line item number(s): n/a
n/a
The request is to remove open e &jI ace requirements in the GT4 and HII zones and to amend the definition of open
q P P q �. P
space as it applies in all zones. The existing'rpquirement� -for setbacks, lot coverage, and buffering provide sufficient
protection to the public safety, health, and general welfare in the GM, HII and LII zones. The citizens of the county
will reap economic benefit from the encouragement of industrial uses. It is premature to pass a permanent ordinance
related to this issue until such time that a final Compr Fnsive Plan has been approved and thorough review and
analysis can take place; therefore, it is in the County's Vest interest to adopt interim zoning regulations while open
space requirements are being reviewed as part of the County's Comprehensive Plan.
ORIGINATOR'S RECOMMENDED ACTION. The Director of Planning and Development Services recommends
Council accept this recommendation of the Planning Commission and adopt the proposed ordinance. -the Director
also recommends that this ordinance be in effect for one full year to allow time for the Comprehensive Plan to be
completed.
COMMITTEE ACTION TAKEN.
"OUNCIL ACTION TAKEN.
996 - 357 10/15/96: Introduction
10/29/96: Adopted 7 - 0. Ord. #96 -046
ace or Resolution Number (this item only):
Ora fi t "oqc
.ord open space 9/30/96 SPONSORED BY: Consent
PROPOSED BY: Planninq
INTRODUCTION DATE: 10/15/96
ORDINANCE NO. 96 -046
AN INTERIM ORDINANCE AMENDING TITLE 20 TO REMOVE OPEN SPACE
REQUIREMENTS IN THE GM, LII, AND HII ZONES AND TO AMEND THE DEFINITION OF
OPEN SPACE AS IT APPLIES IN ALL ZONES
WHEREAS, RCW 36.70.790 provides for the passage of interim zoning controls to
protect the public safety, health and general welfare; and
WHEREAS; the Industrial Land Supply Committee sponsored by the Fourth Corner
Economic Development Group has identified Whatcom County open space requirements as
an unnecessary impediment to industrial development; and
WHEREAS, on October 17, 1995 the Whatcom County Council adopted an interim
ordinance ( ordinance #95 -051) amending Title 20 that removed open space requirements
in the GM, LII, and HII zones and amended the definition of open space throughout the
text; and
WHEREAS, on October 17, 1996 interim ordinance #95 -051 will no longer be in
effect;. and
WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on
September 25, 1995 for ordinance #95 -051 and the current proposal does not change the
original language therefore requiring no further SEPA review.
WHEREAS, the staff report for the proposed Whatcom County Comprehensive Plan
recommends actions that would allow for reasonable development build -out in industrial
zones; and
WHEREAS, the Whatcom County Council is currently reviewing the proposed
Whatcom County Comprehensive Plan with the intent to examine possible changes to
zoning regulations in industrial zones; and
WHEREAS, RCW 36.70.795 specifies that after the County Council conducts a
public hearing, interim zoning controls may be adopted for six months and up to one year
provided a work program establishes the need for a longer period; and
WHEREAS, the Planning Commission held a public hearing on September 26, 1996
to consider this matter; and
WHEREAS, the Planning Commission found the amendments necessary to protect
the public health, safety, and welfare; and
WHEREAS, the Council held a public meeting on October 29, 1996 to consider this
Page 1
matter and concurred with Planning Commissions recommendation; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
1. If interim Ordinance #95 -051 is not renewed, General Manufacturing (GM) and
Heavy Impact Industrial (HII) zone designations require 15% open space. Light
Impact Industrial (LII) zone designation requires 15% to 35% open space.
2. If interim Ordinance #95 -051 is not renewed, Title 20 will default to a definition of
open space that allows only 50% of perimeter setback area, unbuildable land, or
water surfaces to be counted toward open space requirements.
3. Setback requirements in LII and GM range from 10 to 30 feet. Setback
requirements in HII range from 30 to 100 feet. Lot coverage in LII, GM, and HII is
limited to 60% of the lot. Buffers of 25 to 50 feet are required in the 1_11 and GM
zones and up to 660 feet when development is adjacent to other zoning
boundaries. Together, these minimum requirements address minimum aesthetic
concerns.
4. Enforcement of the code requirements relating to open space causes undue
restrictions on industrial and commercial development as identified in current
studies.
5. Open space requirements have been the determining factor in the decision for
numerous projects not to locate in Whatcom County.
6. Existing regulations have prevented significant economic development in Whatcom
County.
7. The County Council has not adopted the proposed Comprehensive Plan; however,
members of the Council are considering studies related to industrial land use,
supply, and'problems associated with industrial development as part of the
Comprehensive Plan review.
CONCLUSION
The existing requirements for setbacks, lot coverage, and buffering provide sufficient
protection to the public safety, health and general welfare in the GM, HII and LII zones.
The citizens of the county will reap economic benefit from the encouragement of industrial
uses; therefore, it is in the County's best interest to adopt interim zoning regulations while
open space policy is being reviewed as part of the County's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amend Title 20, the Official Whatcom County Zoning Code, as follows:
Chapter 20.66 Light Impact Industrial District
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, epen space and development standards of the district
Page 2
Chapter 20.67 General Manufacturing District
20.67.250 Minimum Lot Size
The minimum lot size shall be consistent with the area required to meet the building
setback, lot coverage, buffer, epea - space and development standards of the district
Chapter 20.68 Heavy Impact Industrial District
20..68.250 Minimum Lot Size
The minimum lot size shall be consistent with the area required to meet the building
setback, lot coverage, buffer, open space and development standards of the district
20.68.552 Buffer Area
To implement the buffer requirements of this district, minimum setbacks for heavy
industrial buildings and accessory structures shall be established consistent with the
following options:
(1) If a planting screen is not provided by the industrial user and no natural vegetative
screening exists, the minimum setback(s) shall be 660 feet, as measured from the
edge of the district boundary. The setback area may be used for security roads,
and parking:;: or the open space FequiFeFnents of the dirt : ^+
(2) If natural sight obscuring and dense vegetation exists, the minimum setback(s) shall
be 250 feet, as measured from the district boundary; provided that a minimum
width of 50 feet of natural vegetation is retained. The remainder of the setback(s)
may be used for security roads, and parking or the open space reg iFengents of this
,�'�.
Chapter 20.80 Supplementary Requirements
20.80.360 Special Requirements for individual zone districts
(5) General Manufacturing (GM): Five feet within the front yard setback and situated
adjacent to the road shall be landscaped with vegetative material, except for driveways,
walkways and signs. The remainder of the front yard setback may be used for parking.
Subject to approval of the county, street trees may be placed in the right -of -way and the
five -foot landscaping strip provided contiguous to the building with the front yard setback
used for circulation of trucks and heavy equipment. In this situation to provide visual
relief the required 15 ^^r^^^* open space should be primarily concentrated in the side
yards unless natural habitat in the rear such as wetlands or streams are present which
Page 3
1 should take precedence.
2
3
4 Chapter 20.97 Definitions
5 20.97.275 Open Space
6 "Open space" means any parcel or
7 surfacing, parking areas and other i m
8 pathways, or where otherwise provi
9 aside. dedicated. active or passive r e
10 unsuitable land areas. - FeFpwpese-s-
11
12
13 open space unless specifically autho
14
15 Section 2. This ordinance will be in
16
17 Section
18 and Plan
19 as perma
20 render a
21 this ordinance.
22
23 Section 4.
24 Ordinance
25 thereof of
26
27
28 ADOPTED this 29 day of
29
30 .
31 ATTEST:
32
33
34
35 -
36 o lerl<
37
38
39 APPROVED as to form:
40
41
42
43
44 aren Frakes
45 Civil Deputy Prosecutor
46
47
area of land or water not covered by structures, hard
pervious surfaces except for pedestrian or bicycle
ded by this title or other county ordinance and set
creation, visual enjoyment or developed limitations of
Tidelands or shorelands shall not be considered
rized.
effect for one year.
3. The above cited amendments are also forwarded to the Planning Commission
ning and Development Services Department for consideration and recommendation
nent changes to the Whatcom County Code. The Planning Commission shall
recommendation to the County Council two months prior to the sunset date of
Adjudication of invalidity of any of the sections, clauses, or provisions
shall not affect or impair the validity of the Ordinance as a whole or an
her than the part so declared to be invalid.
October , 1996.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ward Nelson, Chairperson
�i Approved () Denied
Pete Kremen, Executive
Date:
Page 4
of this
y part