HomeMy WebLinkAboutord1990-041'.�6WTCOM COUNTY COUNCIL AGENDA BILL NO. 90 -137
no UU E @ E g W E D 4/10/90 Intro
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APR -3 1990
WHATCOM COUNTY
COUNT.
SUBJECT. FILE NO: 05 -90:ZT -AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, TO ALLOW CEMETERIES AS CONDITIONAL USES IN THE URBAN
RESIDENTIAL, URBAN RESIDENTIAL MEDIUM DENSITY, RESIDENTIAL RURAL, RURAL
RESIDENTIAL ISLAND, RURAL, GENERAL COMMERCIAL, AND RESORT COMMERCIAL ZONING
DESIGNATIONS
ATTACHMENTS: Agency Report with attached Staff Report
Draft Ordinance
Public Hearing Needed? Yes /_/ No /XX/
SUMMARY STATEMENT: "this was originally a request to allow cemeteries as conditional uses
in the Urban Residential zones. The staff expanded the modifications to include all zones
except Tourist Commercial, the industrial zones, and the Agricultural and Forestry zones,
and added a definition.
RECOMMENDED ACTION: Planning Commission and staff recommendation is for adoption of the
ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
4 -24 -90 Passed
Related File Numbers: Ordinance or Resolution Number: 0 90 -41
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FILE REF: 05 -90:ZT INTRODUCED BY: Consent _
PROPOSED BY: PLANNING
DATE: 4 -24 -90
ORDINANCE NO. 90 -41
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE
20, TO ALLOW CEMETERIES AS CONDITIONAL USES IN THE URBAN RESIDENTIAL, URBAN
RESIDENTIAL MEDIUM DENSITY, RESIDENTIAL RURAL, RURAL RESIDENTIAL ISLAND,
RURAL, GENERAL COMMERCIAL, AND RESORT COMMERCIAL ZONING DESIGNATIONS.
WHEREAS, the Blaine Christian Fellowship has filed an application requesting a
text amendment to Title 20 to allow cemeteries as conditional uses in the Urban
Residential zones; and
WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was
published in the Westside Record Journal and Lynden Tribune on Wednesday, March 7,
1990 and in the Bellingham Herald on Saturday, March 11, 1990; and
WHEREAS, a determination of non - significance was issued on January 11, 1990 by
the Deputy SEPA Responsible Official; and
WHEREAS, the Planning Department reviewed the request and prepared a staff report
recommending favorably to the Title 20 text amendment and expanded the request to
include the Urban Residential Medium Density, Residential Rural, Rural Residential
Island, Rural, General Commercial, and Resort Commercial zoning designations; and
WHEREAS, the Planning Commission held a public hearing on the proposal on March
20, 1990 and heard all testimony on the issues and after due deliberation made a
determination that the application be approved as expanded by staff; and
WHEREAS, the Council, at a public meeting on April 24, 1990, reviewed and
approved the Planning Commission recommendations;
NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
1. Title 20 is hereby amended as follows:
Modify:
Chapters 20.20.150, 20.22.150, 20.32.150, 20.34.150, 20.36.150, 20.62.150, 20.64.150,
CONDITIONAL USES;
UR .153 Churches, educational and
camps, and cemeteries.
URM .153 Churches, educational and
camps, and cemeteries.
RR .153 Churches, educational and
camps, and cemeteries.
RRI .153 Churches, educational and
camps, and cemeteries.
R .153 Churches, educational and
camps, and cemeteries.
GC .153 Churches and cemeteries.
RC .163 Churches, educational and
camps, and cemeteries.
religious training institutions, an4 summer
religious training institutions, an4 summer
religious training institutions, an4 summer
religious training institutions, an4 summer
religious training institutions, an4 summer
religious training institutions, an4 summer
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FILE REF: 05 --_4: ZT
Page 2
Chapter 20.97, DEFINITIONS;
.052 CEMETERIES. A place used and dedicated for burial of deceased humans with
one or a combination of the following elements: 1) burial plot or Plots
for earth interments; 2) mausoleum for crypt interments; 3) columbarium
for permanent cinerary interments.
2. The County finds the public health, safety and general welfare are promoted by
the above change.
3. The Council adopts the following findings and conclusions developed by the staff
and the Planning Commission:
FINDINGS
A. Cemeteries are not currently permitted outright, permitted as an accessory use,
or permitted as a conditional use in any of the zoning districts.
B. Cemeteries are vary rarely established, as can be seen by the fact that only one
new cemetery in the nation was constructed in 1983. This is due to increased
longevity, the prohibitive costs of funerals, and the growing popularity of
cremation.
C. Historically, cemeteries have been located in lower density residential and
commercial zones and excluded from productive agricultural areas, flood plains,
and sensitive areas.
D. In communities where cemeteries are permitted outright, they have been subject
to strict design and siting regulations while those that are conditionally
approved are regulated through the conditional use criteria set forth in the
zoning code.
E. Funeral homes are typically not on the cemetery site itself while mausoleums and
columbariums are.
F. Cemeteries can range in size from small community oriented burial plots to large
all- inclusive memorial parks.
G. Cemeteries are excellent preservers of open space and local history and serve
as buffers.
H. The major impacts of cemeteries are construction of related buildings which is
a short term impact and the public's perception of cemeteries.
CONCLUSIONS
A. A definition of cemeteries is needed and should include mausoleums and
columbariums as defined in Chapter 68 of the RCW which are compatible uses and
typically constructed in conjunction with cemeteries. The definition should also
be worded to include memorial parks but should exclude funeral homes.
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FILE REF. 05 -v.:ZT
Page 3
B. The function of cemeteries as greenbelts and potential buffers between developed
areas benefits the community as a whole.
C. Adding cemeteries, which includes mausoleums and columbariums, as a conditional
use in the Urban Residential, Urban Residential Medium Density, Residential
Rural, Residential Rural Island, Rural, General Commercial, and Resort Commercial
zones would not be in conflict with the respective zones purposes and would also
be a compatible use with churches which are conditionally allowed in these zones.
D. Given their rare occurrence and very low intensity of use, the impacts from
cemeteries once constructed is minimal.
E. Cemeteries do not significantly impact existing traffic patterns. However, any
on -site buildings such as mausoleums or columbariums would need to provide
sufficient parking.
F. Conditionally allowing cemeteries in the same zones as churches promotes use and
aesthetic compatibility.
G. The conditional use process and criteria are sufficient for judging whether a
project should be approved at all and would prevent negative impacts to
surrounding properties.
H. If approved, the text change would have no major impact on staff work load.
I. The proposed change is in the public interest.
4. 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.
PASSED this 24th
ATTEST:
/�' - Oe��
Clerk of the Council
day of April 1990.
APPROVED AS TO FORM:
�o j
Robert A. Carmichael
Civil Deputy Prosecuting Attorney
WHATCOM COUNT OUNCI
ATCOM COIIN WAS GTON
onald G. an y, Chairpers
V APPROVED ( ) VETOED
S irley Van Zanten, County Exe�uti,e
Date q— �_ �" — ,1 C