HomeMy WebLinkAboutord1995-051IYH4TCOM COUNTY COUNCIL AGENDA BILL
NO.. 95 -400
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
r
iginator. Nate Brown
Division Head: v
10/3/95
County Council
10/17/95
Public Hearing
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT: Interim zoning control ordinance modifying open space requirements in LII, HII, and GM zones.
ATTACHMENTS:
SUMMARY STATEMENT Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO YES Requested date:
Amount budgeted for this item ro'ect:
Is it or will it be within budget? YES NO Please explain below
Budget line item number(s):
ORIGINATOR'S RECOMMENDED ACTION.-
COUNCIL ACTION TAKEN:
10/3/95: Introduced
10/17/95: Adopted as amended 7 -0
Related File Numbers. Ordinance or Resolution Number (this item only):
Ord. #95 -051
ordopen space 10 /02/95 SPONSORED BY: Consent .
PROPOSED BY: Planning
INTRODUCTION DATE:
1 ORDINANCE NO. 95 -051
2 AN -INTERIM ORDINANCE AMENDING TITLE 20 TO REMOVE OPEN SPACE
3 REQUIREMENTS IN THE GM, LII, AND HII ZONES AND TO AMEND THE DEFINITION OF
4 OPEN SPACE AS IT APPLIES IN ALL ZONES
5
6 WHEREAS, RCW 36.70.790 provides for the passage of interim zoning controls to
7 protect the public safety, health and general welfare; and
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9 WHEREAS, the Industrial Land Supply Committee sponsored by the Fourth Corner
10 Economic Development Group has identified Whatcom County open space requirements as
11 an unnecessary impediment to industrial development; and
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13 WHEREAS, the staff report for the proposed Whatcom County Comprehensive Plan
14 recommends actions that would allow for reasonable development build -out in industrial
15 zones; and
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17 WHEREAS, the Whatcom County Planning Commission is currently, reviewing the
18 proposed Whatcom County Comprehensive Plan with the intent to examine possible
19 changes to zoning regulations in industrial zones; and
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21 WHEREAS, RCW 36.70.795 specifies that after the County Council conducts a
22 public hearing, interim zoning controls may be adopted for six months and up to one year.
23 provided a work program establishes the need for a longer period; and
24
25 WHEREAS, the Council held a public hearing on October to consider this matter;
26 and
27
28 WHEREAS, the Council found the amendments necessary to protect the public
29 health, safety, and welfare; and
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31 WHEREAS, the Council has adopted the following Findings and Conclusions:
32
33 FINDINGS
34 1. General Manufacturing (GM) and Heavy Impact Industrial (HII) zone designations
35 require 15% open space, Light Impact Industrial (LII) zone designation requires 15%
36 to 35% open space.
37
38 2. Present .definition. of open space allows only 50% of perimeter setback area,
39 unbuildable land, or water surfaces to be counted toward open space requirements.
40
41. 3. Setback requirements in LII and GM range from 10 to 30 feet. Setback
42 requirements in HII range from 30 to 100 feet. Lot coverage in LII, GM, and HII is
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limited to 60% of the lot. Buffers of 25 to 50 feet are required in the LII and GM
zones and up to 660 .feet when development is adjacent to other zoning
boundaries.
4. Enforcement of the code requirements on open space, setbacks, landscaping, lot
coverage, critical areas 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 Planning Commission is backlogged with Comprehensive Plan review and
cannot schedule review of this amendment until the latter half of 1996.
8. The Planning Commission in its Comprehensive Plan review is 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 requirements are 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, open spae-e and development standards of the district
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, open space and development standards of the district
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on a HE
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, apen - spae -e 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,
a parking . or -the ope.n space Fegw �emeA+^ of the disc , ^+
(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 Fequiremen+^ of this
Elias.
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 FeqUiFed 16 ^^"^^^+ open space should be primarily concentrated in the side
yards unless natural habitat in the rear such as wetlands or streams are present which
should take precedence.
Chapter 20.97 Definitions
20.97.275 Open Space
"Open space" means any parcel or area of land or water not covered by structures, hard
surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle
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1 pathways, or where otherwise provided by this title or other county ordinance and set
2 aside. dedicated. active or passive recreation, visual enjoyment or developed limitations of
3 unsuitable land areas. - FeF PUFpeses of this t +tie; e than a total e# Fes0 per-eent of the
4 fequiFed epen space -fv^F a- ^p;-^vpesal may be pr^vv;ded iR- FegUiFed pefFlffleteF- setbaek aFea,
5 unbuildable land a OF t ^ •F{^^^°. Tidelands or shorelands shall not be considered
6 open space unless specifically authorized.
7
8 Section 2. This ordinance will be in effect for one year.
9
10 Section 3. The above cited amendments are also forwarded to the Planning Commission
11 and Planning and Development Services Department for consideration and recommendation
12 as permanent changes to the Whatcom County Code.
13
14 Section 4. Adjudication of invalidity of any of the sections, clauses, or provisions of this
15 Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part
16 thereof other than the part so declared to be invalid.
17
18
19
20 ADOPTED this 17 day of October 1995.
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22
23 WHATCOM COUNTY COUNCIL
24 ATTEST: WHATCOM COUNTY, WASHINGTON
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6 -
27 =
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29 BaRa -B o - Davis, Cou 1 erk Ro ert A. Im , Chairpers.. n
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31
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33 APP VED as to form: (✓) Approved () Denied
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35
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38 karen Frakel Shirley Van Za en, Exe 4ve
39 Civil Deputy Prosecutor
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41 Date:
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