HomeMy WebLinkAboutord1988-093FILE # 09- 88:CZMT
1 INTRODUCED BY: Consent
2 DRAFT 2, November 17, 1988 PROPOSED BY: Planning
3 DATE: October 18, 1988
4
ORDINANCE NO. 88 -93
5 AN ORDINANCE ADOPTING TEXT INTO THE OFFICIAL WHATCOM COUNTY ZONING
6 ORDINANCE, TITLE 20, TO CREATE A DEFINITION FOR "COTTAGE
7 INDUSTRIES "; TO REVISE THE RURAL, RURAL RESIDENTIAL, RURAL
8 RESIDENTIAL ISLAND, AND AGRICULTURE ZONES TO CONDITIONALLY PERMIT
9 COTTAGE INDUSTRIES; AND TO ALLOW LIMITED RESIDENTIAL DEVELOPMENT
10 IN THE RESORT COMMERCIAL ZONE WHERE PUBLIC SEWER AND WATER SERVICES
11 ARE NOT AVAILABLE
12 WHEREAS, the Whatcom County Planning Agency is charged with updating and
13 revising earlier comprehensive plans in order to replace the Interim Zoning
14 Ordinance with the Official Whatcom County Zoning Ordinance, Title 20, and
15 providing recommendations for legislative action to the County Council; and
16 WHEREAS, the Whatcom County Planning Agency has reviewed the Foothills
17 Subarea through development of a Background Document that inventoried and
18 analyzed land use, transportation, community facilities, utilities, recreation,
19 and environmental features of the subarea while determining important economic
20 and land use related issues and developing a citizen participation process which
21 has resulted in suggested amendments to Title 20, the Official Whatcom County
22 Zoning Ordinance; and
23
WHEREAS,
the Whatcom County Planning Commission conducted a public hearing
24
on June 8, 1988
for the purpose of receiving
public testimony on the proposed
25
revisions to the
Official Whatcom County Zoning Ordinance; and held work sessions
26
on June 28, 1988
and July 26, 1988; resulting
in findings and recommendations to
27
the Council; those findings are summarized
in the attached Planning Agency
28
Report, Exhibit
"C ", dated August 4, 1988, and
incorporated herein by reference;
29
and
30
WHEREAS,
the Deputy SEPA Official
issued a determination of non -
31
significance on
August 3, 1988; and
32 WHEREAS, the Whatcom County Council has reviewed the Planning Agency's
33 Findings, Reasons, and Motion; and
34 WHEREAS, at the Whatcom County Council Committee of the Whole meeting on
35 September 8, 1988 it was determined that the Council would hold it's own hearing
36 to consider the proposed "cottage industry" text; and
37 WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the
38 Westside Record Journal on September 28, 1988 for the October 13, 1988 hearing;
39 and
1
FILE # 09- 88:CZMT
1 WHEREAS, the Council held a public hearing on October 13, 1988 where
2 testimony was received concerning the proposed "cottage industry "; and
3 WHEREAS, at the Council Committee of the Whole meeting on November 10,
4 1988 revisions to the Planning Agency's proposed "cottage industry" zone text was
5 discussed; and
6 WHEREAS, at the Council meeting on November 17, 1988 the Council made a
7 final decision to adopt the Planning Agency's recommended Resort Commercial and
8 Cottage Industry zone text amendments with the attached revisions;
9 NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
10 Section 1. Zoning Text
11 Title 20, the Official Whatcom County Zoning Ordinance is hereby amended to read
12 as set forth in Exhibit "A" and the text revisions in Exhibit "B" which are
13 attached hereto and incorporated herein by reference.
14 Section 2. Validity
15 Adjudication of invalidity of any of the sections, clauses, or provisions of this
16 Ordinance shall not affect or impair the validity of the Ordinance as a whole or
17 any part thereof other than the part so declared to be invalid.
18 PASSED this 17th day of November , 1988.
19
20
21
22
23 ATTEST:
24
25
26
27
28
29
30
Clerk of the Council
APPROVED AS TO FORM:
1
Dave Cottingham
Civil Deputy osecuting Attorney
N
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl Chairperson
(.APPROVED ( ) VETOED
Shirley Van Z nten, unty Executive
Date
EXHIBIT "A"
COTTAGE INDUSTRIES
7/27/88 draft
20.97 DEFINITIONS
20.97.087 COTTAGE :INDUSTRY. Small industrial, commercial, or service
surrounding area and offsite impacts are comparable in intensity to
those generated by residential uses allowed in the zone.
RESIDENTIAL RURAL (RR) DIS "fRICT
20.32.150 CONDITIONAL USES
.161 Home GGGupaationss Cottage industries employing no more than three -(3-) two
.(1 people outside the family_,— Qendlicted in 2 struG ture(s -' other than the
dwelling ..n;+ provided that in addition to the Conditional Use Criteria
found in WCC 20.84.220:
.. ..
Mon
any case, exceed 1,250 souare feet of total floor area and shall.—Qa
subj@Gt to the standards of Sections 20
(3'n 6 .400
2nd '20 RD 7(o - , Zoning 6 O,- 4r5d 0 i ,
— na3�n A G.e � O. T20Q
(32) Where conducted in a structure(s) other than the residence, In the
immediate vicinity of the proposed #eMe QGGUP-At4Q-A cottage industry
there are multi non is a pattern of existing businesses in structures
outside of residences
�n v.n�i��Fitl�rl -n Gi:13TO'Gte�' -'.
(43) The parcel size shall not be less than what is required by the zone
district density for two residences.
(54) In the event materials will be stored outdoors, the Hearing Examiner
may require adequate landscaping, screening, or other devices in
order that the material will not be visible by surrounding uses or
roads.
,U One non - illuminated sign, not to exceed four (4) square feet in size,
mounted on the property, is permitted.
RURAL RESIDENTIAL - ISLAND (RR -I) DISTRICT
20.34.150 QONDITIONAL USES
.158 Cottage industries employing no more than threes two
M people outside the family, conducted in a structure(s) other than the
dwelling unit provided that:
(21) Construction of new buildings to house said oGrupatloA activity shall
not exceed 1,250 square feet of total floor area, and the Hearing
.. -.
Mpr.� ..
Where conducted in a structure(s) other than the residence, In the
immediate vicinity of the proposed cottage industry there is a
pattern of existing businesses in structures outside of residences
constituting a pattern of development other than residential in
character.
The parcel size shall not be less than what is required by the zone
district density for two residences.
(34) In the event materials will be stored outdoors, the Hearing Examiner
may require adequate landscaping, screening, or other devices in
order that the material will not be visible by surrounding uses or
roads.
One non - illuminated sign, not to exceed four (4) square feet in size,
mounted on the property, is permitted.
RURAL (R).DISTRICT
20.36.150 CONDITIONAL USES
.161 MGM OGGUPWOng Cottage industries employing no more than %hree (3) four
people outside the family conducted in a structure(s) other than the
dwelling unit provided that in addition to the Conditional Use Criteria
found in WCC 20.84.220:
(2�1) Construction of new buildings to house said won activity shall
not exceed 1,250 2,500 square feet of total floor area, and the
Hearing Examiner, at his discretion, may place limitations on the
square fo otage used in an existing structure and shall be ubje�;;
two the rt2ndardg —voSpctinns 20.36,400 20 36 450 20 8n 2nn and
70-0 of the OfficGi -al Wh-atcGom County Zoning Ordinance.
(32) In the event materials will be stored outdoors, the Hearing Examiner
may require adequate landscaping, screening, or other devices in
order that the material will not be visible by surrounding uses or
roads.
Traffic generation shall not exceed that of residential uses at the
maximum density permitted in the zone.
Deliveries from trucks larger than one ton capacity shall not occur
more often than once a month.
.(51 Offsite impacts, such as smoke, dust, noise, heat, light, and glare
shall not be more than would be generated from a single family
residence.
For parcels visible from a State Scenic Highway, the Hearing Examiner
may, at his discretion, require additional measures or restrictions
to protect scenic vistas.
LON
outbuilding.
feet. No portion of any sign shall extend above the lowest portion
of the roof.
(� In the R10A zone, where the cottage industry consists of activities
other than retail, manufacturing, or industrial uses, on parcels
family.
In the event that the property is reduced in size below the acreage
used to Qualify for additional employees under this section, the
number of employees shall be proportionately reduced.
AGRICULTURE
20.40.100 ACCESSORY USES
.105 Mgme oGGupatinns Cottage industries, when in compliance with the following:
(1) The gGGupatign or prgfes business shall be carried out primarily
within the principal or accessory buildings.
(2) Not more than two (2) persons outside the immediate family shall be
employed in the hgMe GGGWpatigA cottage industry.
M
RESORT COMMERCIAL (RC) DISTRICT G /G /88 draft
corrected
20.64.250 MINIMUM LOT SIZE
Minimum lot size varies according to the availability of public water and /or
public sewer. Where either public sewer or public water service is provided,
the minimum parcel size and minimum site area for each dwelling unit shall be
one half acre or may be greater if the Bellingham - Whatcom Coun__yHealth
Department finds that cond_il: ions require the larger size. Where neither public
sewer or water service is 'provided, the minimum parcel size and minimum site
area for each dwelling unit shall be one acre, unless the Bellingham- Whatcom
County Health Department requires greater size. The following lot sizes apply
only where both public sewer- and public water serve the project.
.251 Single family and duplex shall have a minimum net parcel size of 6,000
square feet per family.
.262 Multi - family housing including all condominiums except time share condo-
miniums shall have a minimum net parcel size of 8,000 square feet and
shall have a site of at least 2,000 square feet for each dwelling unit.
.253 Mobile home and recreational vehicle parks shall have a minimum net
parcel size of at least 8,000 square feet.
.254 Hotels and motels and time share condominiums shall have a minimum net
parcel size of 8,000 square feet and shall have a site of at least 1600
square feet for each sleeping unit.
.255 Nonhabitation commercial uses shall have a minimum lot size consistent
with the area required to meet the Building Setback, Lot Coverage and
Development Standards of this District.
20.G4.300260 MAXIMUM DENSITY
Maximum density varies according to the availability of public water and or
public sewer. Where either public sewer or public water service is provided,
the maximum density for dwelling units, or dwelling unit equivalent as
determined by the Bellingham- Whatcom County Health Department, shall be two per
acre unless the Health Department finds_ that conditions require a lower
density. Where neither public sewer or water service is provided, the maximum
density for dwelling units, or dwelling unit equivalents, shall be one per acre
unless the Bellingham- Whatcom County Health Department requires a lower
density. The following densities apply only where both public sewer and public
water serve the project.
.39261 Single family and duplex shall not exceed a density of seven (7)
units per acre.
.38262 Multi- family housing including all condominiums except time share
condominiums shall not exceed a density of twenty -two (22) units per
acre.
.39263 Mobile home parks shall not exceed a density of seven (7) units per
acre.
.30264 Recreational vehicle parks shall not exceed a density of fifteen (15)
units per acre.
.39265 Nonresort- oriented hotels and motels shall not exceed a floor area
ratio (FAR) of .60.
.30266 Resort - oriented hotels and motels including time share condominiums
shall not exceed a floor area ratio (FAR) of .56.
.30267 Nonhabitation commercial uses shall not exceed a floor area ratio
(FAR) of .70.
20.64.270 DENSITY LOT SIZE AND LOT CONFIGURATION BY METHOD OF SUBDIVISION
.271 Maximum Density and Minimum Lot Size
GROSS MIN.RESERVE
MAXIMUM MIN. LOT SIZE AREA (CLUSTER
DISTRICT DENSITY CONVENTIONAL ; CLUSTER SUBDIVISIONS)
RC (without either
public sewer and water)
RC (with either
public sewer and water)
RC (with both public_
sewer and water and
st_ormwater collection
and retention facilities
where identified by the
appropriate subarea
comprehensive plan policies)
NA means not applicable.
1 dwelling
36,000
36,000 0%
unit /1 acre
sq.ft.
sq.ft.
2 dwelling
113,000
15,000 lad
unit /1 acre
sq.ft.-
sq. ft.
7 to 22
61000
N/A
dwelling
sq. ft.
units /acre
as given
below
20.G4.300 LOT CLUSTERING _AND _RESERVE TRACT
.310 Lot Clustering
The purpose of lot clustering is to provide an alternative method of
creating economical building lots with spatially efficient sizes.
Clustering is intended to reduce development cost, increase energy
efficiency and reserve areas of land which are suitable for agriculture,
forestry, open space or possible future development. The creation of new
building lots, pursuant to this section, shall be governed by the
following recommended design standards:
Clustered building lots shall be created only through the subdivision
or short subdivision process.
Building lots should be designed and located to the fullest extent
possible to be compatible with valuable or unique natural features,
as well as physical constraints of the site.
Where practical, the majority of building sites should be arranged_ in
_a cluster or concentrated pattern to be compatible with physical site
features, allow for the efficient conversion of the "reserve tract"
to other uses in the future, And have no more than two common
encroachments on existing county roads. The arrangement of clustered
building lots is intended to discourage development forms commonly
known as linear straight -line or highway strip patterns.
4) Common access to clustered building lots should be provided by short
length roads or loop roads. In addition, interior streets shall be
designed to allow access to the "reserve tract" for the purpose of
future approved development.
.320 Reserve Tract
For the purpose of this Section, "reserve tract" is defined as that
portion of a proposed subdivision or short subdivision which is intended
for agricultural, forestry, open space or future development purposes.
All "reserve tracts" created through Lhr subdivision process shall be
subieet to the following provisions:
After a site is initially subdivided pursuant to this Chapter, the
"reserve tract" may be retained by the subdivider, conveyed to
residents of the subdivision, conveyed to a third party.
The "reserve tract" may be considered as a building lot, provided
that such lot is included in the overall density calculation of the
original parcel of record. If the "reserve tract" is not included in
the overall density calculation, it can only be developed with an
open space use allowed by WCC 20.22.050.
The "reserve tract" shall not be further subdivided until such time
that the District is changed to another district which would permit a
greater density, or until each "reserve tract" is eligible for rr' -Vil3w
and consideration for other uses and densities, consistent with the
Whatcom County Planning Process and Comprehensive Flan revision or
policies.
The purpose of the reserve tract as stated in Section .320,
Paragraph 1, 2 and 3 shall be communicated in writing on the face of
the plat or short Rlat. The number of developable building sites
remaining (if any) with the original parcel of record, based on the
assigned density, shall also be prominently displayed on the plat or
short plat. Whatcom County shall make every effort to assist all
agents in communicating clearly such information to all purchasers
and prospective purchasers of building lots or "reserve lots,"
(5) At the time of filing of any final 2lat or short plat containing a
"reserve tract," the subdivider shall execute a covenant limiting the
use of said 'reserve tract' consistent with the requirement of
Paragraphs (2) through (4) above. This covenant shall be enforceable
by Whatcom County and be rrcorrled_at the time of final plat approval
as a covenant running with the land; provided that, it may be later
amended by mutual agreement between said parties after review for
consistency and compliance with the Offici.al. Whatcom County Zoning
Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Comprehensive Flan.
�� -fir' .•��i ..�. -�
EXHIBIT "B"
COTTAGE INDUSTRIES
COUNCIL REVISIONS
NOVEMBER 17, 1988
RURAL (R) DISTRICT
20.36.150 CONDITIONAL USES
.161 (3) Traffic generation shall not exceed that of NoSid- AN+;-ai 2+ +ho
�a imum density per -miffed in #� —asp normally expected in a
residential neighborhood.
(6) For parcels visible from a State Scenic Highway, the Hearing Examiner
may shall, at his discretion, require additional measures or
restrictions to protect scenic vistas.
(8) One non - illuninated free standing sign, visible from the road, and
not exceeding six feet in height, may be permitted. One additional
non - illuminated sign may be attached to the building for a maximum
total signage of 16 square feet. No portion of any sign shall extend
above the lowest portion of the roof.
WHATCOM COUNTY PLANNING DEPARTMENT
AGENCY REPORT
IN THE MATTER OF ADOPTING THE TEXT AND MAPS WITHIN
THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN, AND ADOP-
TING TEXT INTO THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, TO CREATE A DEFINITION FOR
"COTTAGE INDUSTRIES "; TO REVISE THE RURAL, RURAL
RESIDENTIAL, RURAL RESIDENTIAL ISLAND, AND AGRICUL-
TURE ZONES TO CONDITIONALLY PERMIT COTTAGE INDUS-
TRIES; AND TO ALLOW LIMITED RESIDENTIAL DEVELOPMENT
IN THE RESORT COMMERCIAL ZONE WHERE PUBLIC SEWER
AND WATER SERVICES ARE NOT AVAILABLE
File #09- 88:CZMT
August 4, 1988
FINDINGS
REASONS AND
MOTION
WHEREAS, the Whatcom County Planning Department has requested the adoption of
the Foothills Subarea Comprehensive Plan and Comprehensive Plan Maps, and the
adoption of the Zone District Map for the subarea for the purpose of adminis-
tering zoning in the subarea under Title 20; the adoption of text to create a
definition for "cottage industries" and to conditionally permit cottage
industries in the Rural, Residential Rural, Residential Rural Island, and
Agriculture zone districts in title 20; and the amendment of the Resort
Commercial zone district in Title 20; and
WHEREAS, the findings contained in the Whatcom County Staff Report on the above,
(Exhibit C) indicate the need for this action, and the summary of those findings
and the amendments to them made by the Planning Commission are presented below;
and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Westside
Record Journal on May 25, 1988 and in the Bellingham Herald on May 28, 1988 for
the June 8, 1988 hearing; and
WHEREAS, the Deputy SEPA Official issued a determination of non - significance on
August 3, 1988; and
WHEREAS, the Planning Commission held a public hearing on the proposal on June
8, 1988, and conducted work sessions on June 21, July 11., July 19, and July 26,
1988.
NOW, THEREFORE, BE IT RESOLVED:
Findings of Fact and Reasons for Action
1. That a quorum of Commission members was present at each hearing and work
session.
2. The statutory requirements were met regarding legal notice and SEPA review.
3. The Planning Commission finds that the subarea plan and implementing zoning
make adequate provision for population growth of about 1200 %, and that with
a projected Whatcom County average population growth of 20% per decade and
1 CXar 61' T "C' k.
7e #09- 88 :CZMT
August 4, 1988
a peak growth of 30% per decade, this plan can accommodate several hundred
years of population growth and related growth in commercial land uses.
4. The Urban Residential district acknowledges prior commitments to urban
densities and provision of public water and provides sufficient area for
residential expansion in the Peaceful Valley /Paradise Lakes and Glacier
areas.
5. The Residential Rural district in Maple Falls and Glacier Springs
acknowledges existing residential densities and allows further residential
growth at a density similar to the existing developments and recognizes
the existing water associations as the water sources for the residential
rural densities at these locations.
6. The Rural 10 Acre district recognizes the preponderance of parcels in
current use tax status, the existing dwelling unit density of less than
one dwelling unit per twenty acres, and the average parcel size of over
ten acres. The low density provides protection for the watershed of the
Nooksack River and its tributaries, protection of bald eagle habitat along
the Nooksack, and prevents high intensity development on lands that are
used for agriculture or forestry or that have unstable slopes, unsuitable
soils, or are within 100 year floodplains.
7. The Rural 5 Acre districts recognize the existing dwelling unit density
of less than one dwelling unit per ten acres, the average parcel size of
over five acres, and environmental and service constraints on higher
densities while providing subdivision opportunity for rural lot sizes
within the subarea.
8. The Rural 2 Acre district recognizes existing dwelling unit density of
less than one dwelling unit per five acres, the average parcel size of
over two acres, and public service constraints on higher densities while
providing subdivision opportunity for rural lot sizes within the subarea.
9. All Rural zones acknowledge a lack of commitment for urban services.
10. The Forestry zone is applied where large parcels predominate, public
services are minimal or nonexistent land is predominantly in forestry
current use tax status, forestry has historically been the major land use,
ownership is predominantly by Washington State and private timber
companies, and soils and slopes limit more intensive development.
11. The General Commercial district will provide sufficient commercial area
to accommodate full residential build out at permitted densities in the
area and acknowledges an existing concentration of commercial development
at Maple Falls.
12. The Neighborhood Commercial districts at Kendall and Welcome acknowledge
existing commercial uses and provide for future commercial needs at
appropriate locations.
13. The Resort Commercial zone district in the Glacier area recognizes Glacier
as a logical resort area due to its proximity to the Mount Baker Snoqualmie
National Forest, acknowledges existing resort commercial type land uses,,
and provides ample acreage for additional resort commercial development.
F
File #09- 88 :CZMT
August 4, 1988
14. The proposed amendments to the Resort Commercial zone district will allow
limited residential development in logical resort areas where public water
and sewer are not available.
15. The proposed cottage industry zone text amendments acknowledge the
significance of these types of entrepreneurial activities in the Foothills
Subarea and offer greater flexibility in land uses in the residential
zones of the county while providing adequate safeguards to protect the use
and enjoyment of surrounding properties.
16. The Planning Department staff and Planning Commission recommend the
Foothills Subarea Comprehensive Plan and Maps and the Zone District Map
for the subarea (Exhibit A).
17. The Planning Commission recommends amendments to Title 20, as presented
in Exhibit B, to adopt the definition for "cottage industry" and to
conditionally permit cottage industries in residential zones, and to amend
the Resort. Commercial zone district, necessary for implementing the
Foothills Subarea Comprehensive Plan.
18. The Planning Commission recognizes that the adoption of Title 20 zoning
in the Foothills Subarea will cause a number of existing businesses to
become nonconforming uses and that such uses may encounter difficulties
in obtaining financing for sale or construction. The Commission seeks
direction from the Council regarding adoption of zoning provisions aimed
at resolving the dilemma associated with nonconforming uses in the
Foothills Subarea as well as in other areas of Whatcom County. The
Commission would like to consider adopting a new zone such as "Limited
Commercial" to be applied to all nonconforming businesses which would
limit the use of the property to that which currently exists or could
exist under Whatcom County's current nonconforming use policies.
19. The Chairperson and Secretary are hereby directed to place their signatures
on this document and transmit same, together with Exhibits A, B, and C to
the County Council. ,
Done and passed by a unanimous vote (6 -0) on the 26th day of July, 1988.
Commissioners present: Simpson, Greer, Freeman, Heeringa, Baijot and Hinton.
WHATCOM COUNTY PLANNING COMMISSION
David Simpson, Chair son
4�r.
Daniel W./'Tayor, Secretary'
Attachments: Exhibit A, B and C