HomeMy WebLinkAboutord1987-0651
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INTRODUCED BY:
PROPOSED BY:
DATE:
ORDINANCE NO. 87 -65
Consent
Planning
October 1, 1987
AN ORDINANCE AMENDING THE RESORT COMMERCIAL
DISTRICT, 20.64, AND ADOPTING THE GATEWAY
INDUSTRIAL DISTRICT, 20.65, INTO TITLE 20, THE
OFFICIAL WHATCOM COUNTY ZONING ORDINANCE; ADOPTING
TITLE 20 FOR THE GEOGRAPHIC AREA KNOWN AS THE,
BIRCH BAY - BLAINE SUBAREA OF WHATCOM COUNTY; AND
ADOPTING THE BIRCH BAY - BLAINE COMPREHENSIVE PLAN
WHEREAS, the Whatcom County Planning Agency is charged with updating and
revising earlier comprehensive plans in order to replace the Interim Zoning
Ordinance with the Official Whatcom County Zoning Ordinance, Title 20, and
providing recommendations for legislative action to the County Council;
WHEREAS, the Whatcom County Planning Agency has reviewed the Birch Bay -
Blaine Subarea through development of a Background Document that inventoried and
analyzed land use, transportation, community facilities, utilities, and
environmental features of the subarea while determining important economic and
land use related issues and developing a citizen participation process which has
resulted in suggested amendments to Title 20, the Official Whatcom County Zoning
Ordinance, and in the development of the Birch Bay - Blaine Comprehensive Plan;
WHEREAS, the Whatcom County Planning Commission has conducted two public
hearings in July 1987 and September 1987 for the purposes of receiving testimony
on the proposed comprehensive plan and zoning and for revisions to the Official
Whatcom County Zoning Ordinance to implement the plan;
WHEREAS, the Whatcom County Planning Commission has prepared Findings,
Reasons and Motion recommending the adoption of the proposed Birch Bay - Blaine
Comprehensive Plan and the adoption of amendments to Title 20 to implement the
plan for said Subarea; and,
WHEREAS, the Whatcom County Council has reviewed the Planning Agency's
Findings, Reasons and Motion;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council as follows:
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Section 1. Comprehensive Plan and Plan Maps
The 1970 Whatcom County Comprehensive Plan Text and Maps for the geographic
area known as the Birch Bay - Blaine .Subarea and the 1977 Birch Bay
Comprehensive Plan are hereby amended in their entirety to read as set forth in
Exhibit "A ", which is attached hereto and incorporated herein by reference.
Section 2. Zoning Text
Title 20, the Official Whatcom County Zoning Ordinance is hereby amended to
read as set forth in Exhibit "B ", which is attached hereto and incorporated
herein by reference, and the amended Title 20 is hereby adopted for the area
referred to as the Birch Bay - Blaine Subarea.
Section 3. Zoning Map
The Official Whatcom County Zoning Map for the area referred to as the
Birch Bay - Blaine Subarea is hereby amended in its entirety as set forth in
Exhibit "A ", which is attached hereto and incorporated herein by reference.
Section 4. Repealer
The Interim Zoning Ordinance, Chapter 2.24, Whatcom County Code, text and
map, is hereby repealed as it affects the Birch Bay - Blaine Subarea.
Section 5. Validity
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 5th day of
ATTEST:
'erarol Ebergson, C erk of t Council
AS TO FORM:
Prosecuting Attorney
Published October 7 and 21, 1987
This Ordinance becomes effective
DRAFT I -- 9/22/87
November i98".
WHATCOM COUNTY COUNCIL
AaOUNT' WASHINGTON
Tom Burton, Chairperson
(✓f APPROVED / ( ) VETOED
VC--, L _
Shirley Va-4ZanteyW County Executive
November 6, 1987
date
and November 11, 1987 1987.
November 16, 1987 1987.
-2-
Sept. 21, 1987
File Ref: 5 -87-CZ
B -87 -Z
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF ADOPTING THE TEXT AND MAPS WITHIN )
THE BIRCH BAY - BLAINE SUBAREA COMPREHENSIVE PLAN, ) FINDINGS,
AND ADOPTING TEXT INTO THE OFFICIAL WHATCOM COUNTY ) REASONS, AND
ZONING ORDINANCE, TITLE 20, TO CREATE THE GATEWAY ) MOTION
INDUSTRIAL ZONE DISTRICT AND TO AMEND THE RESORT
COMMERCIAL ZONE DISTRICT, AND ADOPTING THE ZONE
DISTRICT MAP FOR THE SUBAREA INTO TITLE 20.
WHEREAS, the Whatcom County Planning Department has requested the adoption of the
Birch Bay - Blaine Subarea Comprehensive Flan and Comprehensive Plan Maps, and
the adoption of the Zone District Map for the subarea for the purpose of
administering zoning in the subarea under Title. 20, the adoption of text to
create the Gateway Industrial zone district in Title 20, and the amendment of the
Resort Commercial zone district in Title 20;
WHEREAS, the Planning Department staff and Planning Commission recommend the
Birch Bay - Blaine Comprehensive Flan and Maps and the Zone District Map for the
subarea (Exhibit A);
WHEREAS, the Planning Commission recommends amendments to Title 20, as presented
in Exhibit $, to adopt the new zone district, Gateway Industrial, and to amend
the Resort Commercial zone district, and to make other amendments necessary for
implementing the Birch Bay - Blaine Comprehensive Plan;
WHEREAS, the findings contained in the Whatcom County Staff Report on the above,
(Exhibit (1) 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:
WHEREAS, pursuant to RCW 36.70.590, a legal notice was published in the
Bellingham Herald for the July 14, 1987 hearing on July 5, 1987, and for the
September 15, 1987 hearing on September 2, 1987;
WHEREAS, a SEPA review is being conducted and will be completed prior to Council
action; and
WHEREAS, the Planning Commission held public hearings on the proposal on July 14,
1987, and September 15, 1987, and conducted work sessions on July 21, July 28,
August 4, 1987, and September 15, 1987.
NOW, THEREFORE, BE IT RESOLVED:
Findinits 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 900 %, and that with
the Whatcom County average population growth of 20% per decade and the 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 and Urban Residential Medium Density districts provide
sufficient area for residential and neighborhood store expansion around
Birch Bay and Blaine while protecting water quality.
5. The proposed amendments to the Resort Commercial zone district will allow it
to implement the plan developed by citizens in 1977 for the central Birch
Bay area and allow an economic mixture of commercial and residential uses.
G. The General Commercial districts will provide sufficient commercial area to
accommodate full residential build out at permitted densities in the area
and implements the objectives of the 1977 plan.
7. The two Neighborhood Commercial districts north of Birch Bay acknowledge the
boundaries of the same districts in the 1977 plan.
8. The Residential Rural district in Custer allows further residential growth
at density similar to the existing development and recognizes the existing
water association as the water source for the residential rural densities at
this location.
9. The Neighborhood Commercial district in Custer facilitates further
commercial growth.
10. The Rural 10 Acre district in the northern part of the subarea provides
protection for the assumed watershed area that provides the subarea with its
major source of drinking water, and encourages the continuation of the
economic activities of mineral extraction, woodlots, and farming.
11. The Rural 10 Acre district in the southern part of the subarea and between
Interstate 5 and Portal Way minimizes subdivision that would make future
economic development more difficult, while allowing the continuation of
agriculture. The Planning Commission finds that the Prime Farmland soils in
the area to be insufficient in today's market to justify agriculture zoning.
12. All Rural 10 Acre districts recognize 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 10
acres.
13. The Rural 5 Acre district in the southwest corner of the subarea recognizes
the prior zoning and the presence of this district in the Cherry Point -
Ferndale subarea adjacent to it.
14. The Rural 5 Acre district in the central part of the subarea provides
subdivision opportunity for rural lot sizes within the subarea. The
Planning Commission also finds that water quality problems arising in the
California and Dakota Creek basins can be better resolved by state or
federal regulation than by lower density zoning.
15. The Gateway Industrial zone district creates an industrial development
district that provides a positive image of industry and business in Whatcom
County to the international traveler, and also provides for commercial uses.
The Planning Commission finds that it is more important to encourage
development as quickly as possible in this area than to limit development to
high quality uses; therefore, the development standards were made lower for
this zone district than other industrial zones.
16. While the Comprehensive Plan designates some publicly owned lands, they are
zoned in accordance with surrounding districts to avoid problems that could
arise if the properties change ownership or use.
17. In order to facilitate economic development in the subarea, a series of
actions are necessary after the adoption of the plan and zoning including a
complete transportation study and.subsequent rights - of-way designation on
the Transportation Plan Map, and the development of an action plan for
county, staff and community efforts.
18. To support public improvements necessitated by growth anticipated in this
plan, developers must mitigate the impacts on transportation and park and
recreation systems commensurate with the impacts on the systems caused by
each development.
19. The Chairperson and Secretary are hereby directed to place their signatures
on this document and transmit same, together with Exhibits 1, 2, and 3 to
the County Council.
Done and passed by a -6— 0 vote this 21st day of September, 1987.
WHATCOM COUNTY PLANNING COMMISSION
Attachments: Exhib it; A, 6, and 9
PROPOSED AMENDMENTS
TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (TITLE 20)
TO IMPLEMENT
THE BIRCH BAY - BLAINE COMPREHENSIVE PLAN
Contents:
EXHIBIT B
Chapter 20.64 Resort Commercial District - the purpose of these amendments is to
bring 20.64 closer to the zone that was adopted as the result of the 1977
Birch Bay Plan, the Resort High Density zone district in the Interim Zoning
Ordinance; this zone is currently applied only to a small area in the Lake
Whatcom Subarea.
Chapter 20.65 Gateway Industrial District - this is a new district proposed for
inclusion within Title 20.
Miscellaneous Amendments - these amend other sections of Title 20 necessary for
administration of the Resort Commercial and Gateway Industrial amendments.
PC proposed 9/87
CHAPTER 20.64
Draft 9/21/87
RESORT COMMERCIAL (RC) DISTRICT
20.64.010 PURPOSE
The purpose of the Resort Commercial District is to provide land areas which
through their natural and man -made attributes attract resort activities. The
district shall be located and implemented consistent with the goals, objectives
and policies of the appropriate subarea comprehensive plan. The District should
be located in such areas where adequate public services such as roads, sewer,
water and drainage are available, and be of such size that a viable resort can be
established and maintained. The district should provide for uses normally found
in resort areas and encourage the type of development which occurs in a cohesive
fashion and which promotes open space and other amenities considered significant
for viable resort areas.
20.64.050 PERMITTED USES
The following permitted uses shall be allowed subject to an evaluation by the
Zoning Administrator pursuant to the provisions of this Chapter and Chapter
20.80. In addition, each permitted use shall be administered pursuant to the
applicable provisions of the Whatcom County SEPA Ordinance, the Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program.
.051 One single - family unit per lot of record.
(Amended per WCC 20.04.080(1)(ff))
.052 One duplex per lot of record. (Amended per WCC 20.04.080(1)(ff))
.053 8onvenrence-- rRetail shops and resort related uses no greater than
2,500 square feet in area per shop.
.054 Barber and beauty shops.
.055 Restaurants without drive through service provided that a'minimum of 50'a of
the seating is inside and any outdoor _seating is screened from adjacent
proverties and streets.
.056 Laundromats.
.057 Banks no greater than 2,500 square feet in area.
.058 Re&! carte- and -pFrofessional offices.
.059 Noncommercial and public parks and recreation facilities.
.060 Multiple - family dwellings containing eight (8) or less sleeping units.
.061 Hotels or motels and time share condominiums accommodating sixteen (16) or
less sleeping units.
.062 Rooming houses accommodating eight (8) or less non - family members.
CHAPTER 20.64
Draft 9/21/87
.063 Taverns, provided further that up to fifty percent (50ro) of seating may be
in an outdoor area screened from adjacent properties and streets.
.064 Parking lots or garages.
20.64.100 ACCESSORY USES
. 10 1 Docks.
.102 Resort Administrative offices.
.103 All other accessory uses incidental to the primary permitted use.
.104 Home occupations pursuant to Section 20.97.180 of the Official Whatcom
County Zoning Ordinance, except that one person other than family residing
on the premises may be employed.
.105 Any retail or personal service establishment, _including self - service
laundry, may _be located within a building occupied by a hotel or motel,
provided that such use shall have no separate outside entrance and no sign
visible from outside the building; and provided further that the total floor
space devoted to such uses shall not exceed fifteen percent (15 %) of the
floor space of the building in which they are located and provided further
that such use is not specifically prohibited in Section 20.64.200.
.106 Assembly or-craftinX of items of a type related directly to the character of
a permitted use and sold at retail on the premises, provided that no piece
of machinery used in such work exceeds three (3) horsepower.
.107 Temporary dwelling units which have full living accommodations including
sleeping, self - contained cooking, bathing, and toilet facilities where the
plumbing is connected to permanent site sewage and water systems, including
those travel trailers and recreational vehicles that meet the above
description, for use by owners during the period of construction of a
permanent dwelling while the building permit is valid, not to exceed two (2)
years.
20.64.150 CONDITIONAL USES
Unless otherwise provided herein, conditional uses shall be administered pursuant
to the applicable provisions of Chapter 20.80 (Supplementary Requirements) and
Chapter 20.84 (Variances, Conditional Uses and Appeals) of the Official Whatcom
County Zoning Ordinance, the Whatcom County SEPA Ordinance, the Official Whatcom
County Subdivision Ordinance and the Whatcom County Shoreline Management Program.
.151 Marinas, public or commercial launching ramps, and docks.
.152 Multi - family residential dwellings including residential condominiums
totalling more than eight (8) sleeping units.
'CHAPTER 20.G4
Draft 9/21/€37
.153 Hotels and motels totalling more than sixteen (16) sleeping units.
.154 Time share condominiums totalling more than sixteen (16) sleeping units.
* .155 Rooming and boarding houses totalling more than eight (8) sleeping units.
(Amended per WCC 20.04.080(1)(ff))
.156 Mobile home parks.
.157 Recreational vehicle parks.
-158 Recreation- rental- anita - --
71;59 'paver xia . --
.18058 Commercial amusement and recreation establishments and clubs.
.16-159 Service stations and automobile repair gar ages, provided that:
all storage tanks shall either be aboveground and completely screened
from neighboring uses;
or shall have a full separate containment: structure and shall have
monitoring devices that will indicate any leakage;-
(3) or shall have an independent en ineer's certification that the
installation meets all requirements _ of the federal regulations
contained in 40 CFR_Part 280 in effect at the time of application;
in addition to either (2) or (3) of the above requirements, +ill
underground storage tanks shall meet the financial responsibility and
reporting requirements of 40 CFR Fart _ 2 in effect at the time of
application.
-462 kntomobil:e- repair- garagea - --
.16360 Golf courses.
161 Public and community facilities_, including fire _staff ^ions, libraries,
community centers and other public facilities consistent with the purpose of
this district.
,162 Public schools, and parochial or private schools; provided such schools
shall be approved by the State Superintendent of Public Instruction.
_163 Churches,_educational and religious training institutions, and summer camps.
.lC
Retirement, boarding and convalescent homes_; social and health
rehabilitation centers; children and adult care centers in a building not
used as a residence; and other health related _ services consistent with the
purpose or the district.
ti�
CHAPTER 20.64
Draft 9/21/37
20.64.200 PROHIBITED USES
.251 All other uses.
.252 Sauna bath facilities, massage parlors, body _painting studios and
photoaraphy studios which provide live models for lewd purposes, provided
that sauna and massage rooms, without separate entrances or signs, may be
provided as an integral part of a multiple-family dwelling, motel hotel or
rooming house.
.253 Any business or establishment where lewd films are publicly exhibited as a
regular course of business or possessed for the purpose of such exhibition
or where a lewd film is publicly and repeatedly exhibited or possessed for
the purpose of such exhibition.
.254 Any business or establishment in which lewd publications constitute a
principal Part of the stock in trade..
20.64.250 MINIMUM LOT SIZE
.251 Single family and duplex shall have a minimum net parcel size of 87888 6,000
square feet per family.
.252 Multi - family housing including all condominiums except time share condo-
miniums shall have a minimum net parcel size of 3('x,000 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 two -{-3-} -acres at least 8,000 square feet.
.254 Nenresort- oriented- 4S_Hotels and motels and time share condominiums shall have
a minimum net parcel size of 28, -888 8,000 square feet and shall have a site
of at least 1600 square feet for each sleeping unit.
.255 Resort - oriented- kete }s— and - mote} s— rne}ud €ng- time -- share- cortdomrnrnms- s�ca }}
stave- a- mxntmum- net - parse }- stze- cf- fsve- f5� -acres -
.2565 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.
20.64.300 MAXIMUM DENSITY
.301 Single family and duplex shall not exceed a density of four-f4} seven (7)
units per acre.
.302 Multi - family housing including all condominiums except time share condomi-
niums shall not exceed a density of twenty -two (22) units per acre.
.303 Mobile home parks shall not exceed a density of seven (7) units per acre.
CHAPTER 20.64
Draft 9/21/87
.304 Recreational vehicle parks shall not exceed a density of fifteen (15) units
per acre.
.305 Nonresort- oriented hotels and motels shall not exceed a floor area ratio
(FAR) of .60.
.306 Resort - oriented hotels and motels including time share condominiums shall
not exceed a floor area ratio (FAR) of .56.
.307 Nonhabitation commercial uses shall not exceed a floor area ratio (FAR)
of .70.
20.64.350 BUILDING SETBACKS
Building setbacks shall be administered pursuant to Section 20.80.200 of the
Official Whatcom County Zoning Ordinance except as provided below.
.351 Commercial uses shall be allowed to reduce the front yard setback to fifteen
(15) feet and the side yard setback to zero (0) feet where the site and
landscape plans promote pedestrian access to the building.
.352 Any single family development, for internal lots, may use a side yard
setback of zero (0) feet where the lot line setback on the opposite side
yard is ten (10) feet; however, side yard setbacks adjacent to parcels not
being developed under this exception shall be those provided in 20.80.200.
.353 An additional five (5) feet shall be added to each side yard and rear yard
for for each ten (10) feet of building' height, or fraction thereof, in
excess of fifteen (15) feet.
20.64.400 HEIGHT LIMITATIONS
Maximum - building- height -shat not- exceed- forty- - five - (45) feet.
.401 Building height shall not exceed thirty -five (35) feet.
.402 Under a Conditional Use Permit, building height may reach seventy -five (75)
feet.
20.64.450 LOT COVERAGE
.451 Buildings or structures for single family and duplex uses shall not occupy
more than thirty -five percent (35X) of a parcel.
.452 Buildings or structures for multi - family housing including all condominiums
except time share condominiums shall not occupy more than thirty -five
percent (35X) of a parcel.
CHAPTER 20.64
Draft 9/21/137
20.64.500 OPEN SPACE
For uses other than single- or two - family dwellings, a minimum of forty percent
(40%) of the site shall be reserved as open space.
-5A} A9a }�}-- f�i} y- _}�oaatag--- reSOrt- oriea�ed -- hole }a -sad- mote }a -- aae�- coae�em }att�ms
iac }siding- time -- share- eoadomtatttms-- sh$ } }- keep -- twenty - percent-- f2A9� } -of -the
site - free-- e'€- bai- }dtagz-- strt�ctt�rez-- hard- aarfac }ag-- parking -cress -sad -ether
impervious- surfaces - --
:592 A4obi }e- home - sad- reereationa }- vehie }e- parks - shad } - keep - fifty- percent- fSA} -e€
the - site -- free- of-- buiidingr,- structures,- -h$rd- surfacing-- parking- areaz -a�td
ether- impervious - Surfaces. - --
-503 Plearesert- oriented - bete }S - -Bad -- mote} 5--- a�ad-- aeahxbitatien— coannereia} -uses
sha}i- keep -- fifteen- percent- {45% - } -cf- the - Site - free -ef- bindings;- structures,-
hard- surfacing, — Parking -BreBS -Bud- ether- tmpervreus- sttrfBCes--
20.64.550 BUFFER AREA
Except for single - family residences, when a parcel situated within this District
adjoins an. Urban Residential, Residential -Rural or Rural district, side and rear
yard setbacks shall be increased to twenty -five (25) feet.
20.64.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to Section 20.130.500 of the
Official Whatcom County Zoning Ordinance except that no off premise advertising
signs are allowed.
20.64.650 DEVELOPMENT STANDARDS
The requirements of WCC 20.64.651, 20.64.652, 20.64.653 and 20.64.654 do not
apply to single - family or duplex residences.
.651 Facility Design: Individual developments within a Resort Commercial zone
district she}-1 should be desfgned encouraged to accommodate additional
commercial development on adjacent property in an integrated manner.
Consistent architectural treatment is encouraged. Each development shall
screen roof - mounted mechanical equipment so as not to be visible by
surrounding uses or roads.
.652 Landscaping: A landscape plan, pursuant to Section 20.80.610 of the
Official Whatcom County Zoning Ordinance, shall be submitted to the Zoning
Administrator for approval. The plan shall conform to the following
requirements:
(1) Fifteen (15) feet within the front yard setback and situated adjacent
to the road shall be landscaped except for driveways, walkways and
CHAPTER 20.64
Draft 9/21/87
signs. The remainder of the any required front yard setback may be
used for parking. (Amended per WCC 20.04.080(1)(ff))
(2) Screening shall be provided for buildings, storage areas and parking
areas for developments other than single family or duplex residential
which abut noncommercial or nonindustrial districts. If screening
consists of a fence or wall, it shall not be less than six (6) feet nor
more than seven (7) feet in height; it shall be supplemented by a
planting strip of vegetation at least four (4) feet in width; and shall
not obstruct necessary vision of pedestrian and vehicular traffic.
(Amended per WCC 20.04.080(1)(ff))
(3) Fences and walls shall be kept in good repair, and dead or dying vege-
tation shall be replaced immediately.
.653 Off- Street Parking and Loading:
(1) For interior lots, no vehicular parking or driveways shall be allowed
between a commercial use store and public right -of -way; and for corner
lots, no parking or driveway shall be allowed between a store
commercial use and the right- of-way the store use fronts.
(2) A bicycle parking area at a rate of one space per one thousand (1,000)
square feet of floor area or a minimum of one space, whichever is
greater, shall be provided for each use. Each bicycle parking space
shall consist of a rack or other structure designed for the lock -up of
a bicycle.
(3) If two or more developments adjoin each other or otherwise are designed
and developed in a coordinated fashion as determined by the Zoning
Administrator in order to utilize shared parking facilities, the total
number of required parking spaces for all the uses involved shall be
reduced by 30% or no less than five (5) spaces per retail
establishment, whichever is greater.
(4) Except as provided in this section, off - street parking and loading
shall be administered pursuant to Section 20.80.700 of the Official
Whatcom County Zoning Ordinance.
.654 Sidewalks: Sidewalks shall be installed pursuant to the requirements of the
County Engineer.
.655 Drainage: Drainage plans shall be reviewed and approved by the County
Engineer, pursuant to Section 20.80.630 of the Official Whatcom County
Zoning Ordinance.
.656 Driveways: Consistent with Section 20.80.640 of the Official Whatcom County
Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or
State Department of Highways, as applicable.
(Amended per WCC 20.04.O80(1)(h))
.657 Access: Access shall conform to the provisions of Section 20.80.765 of the
Official Whatcom County Zoning Ordinance.
CHAPTER 20.64
Draft 9/21/87
.658 Lighting: Lighting shall be designed to avoid excessive glare onto
neighboring properties, and to not create safety hazards or unreasonable
interference with adjacent uses.
.659 Binding Site Flan: Should the use be developed as part of a binding site
plan, it shall be administered pursuant to Title 21 of the Whatcom County
Code (Subdivision Regulations) and additional requirements, as applicable.
.660 Site Design: Any two adjacent buildings on the same site shall be separated
from each other by a distance not less than one -half the height of the
taller building. Building configuration may be staggered as well as angled
to follow contours and street alignment. This spacing requirement does not
preclude the possibility of ground level connection between neighboring
structures.
20.64.700 PERFORMANCE STANDARDS
The following provisions shall apply to all uses within this District:
.701 There shall be no storage or handling of hazardous, explosive, highly
flammable materials which would cause fire, explosion or safety hazards,
except the storage and dispensing of gasoline in service stations.
.702 There shall be no production of noise at any property line of any use in
this District in excess of the average intensity of street and traffic noise
found in the District.
.703 There shall be no emission of dust, dirt, odors, smoke or toxic gases and
fumes.
.704 There shall be no production of heat, glare or vibration perceptible from
any property line of the premises upon which such heat, glare or vibration
is being generated.
.705 There shall be no storage or merchandising outdoors.
.706 There shall be no off -site release to soil or surface drainage -ways of water
borne or liquid pollutants.
(District adopted per WCC 20.04.080(1)(a))
GATEWAY INDUSTRIAL (Q1) DISTRICT
20.65.010 PURPOSE
The purpose of the Gateway Industrial District is to supply sufficient areas
arranged in a concentrated form for land use activities which promote Canadian -
American business activity. In addition, the intent of this District is to
encourage land uses and associated densities which will be complementary with
light impact industrial park standards while allowing reasonable transition uses
of the properties. The District shall be located and implemented consistent with
the goals, objectives.and policies of the appropriate subarea comprehensive plan.
The District should be located near major international transportation corridors
in such a fashion as to provide safe and convenient access that would not impact
adjacent nonindustrial activities. Further, the District should be in areas
where adequate public services including but not limited to all- weather roads,
public sewer and water and storawater drainage are available. The District
provides for uses that present a positive development image to business travelers
and may provide for commercial uses that serve the traveling public; however,
commercial activities may not be dependent upon attracting freeway motorists
except in areas within 1/4 mile of a full freeway interchange.
20.66.050 PERMITTED USES
The following permitted and accessory uses shall be allowed subject to an eval-
uation by the Zoning Administrator pursuant to the provisions of this Chapter and
Chapter 20.80. No permitted or conditional use shall be issued a building
permit without provision of public sewer and water as defined in Section 20.97
except as provided in 20.66.058 and 20.66.151.664. Further, each permitted and
accessory use shall be administered pursuant to the applicable provisions of the
Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the
Whatcom County Shoreline Management Program.
.051 General office buildings, business firm headquarters and professional
offices.
.052 Custom brokerage houses, freight terminals, indoor warehousing and storage,
parcel delivery service, freight forwarding, inspection weighing services,
and indoor- packaging and crating.
.053 Wholesale trade or sales of industrial equipment, including indoor storage
of durable and nondurable goods, and outdoor storage of new or reconditioned
equipment where such outdoor storage areas individually meet all of the
design and development standards frr- 20.6 6.6517
.065 Light impact industrial uses- that: are primarily related to services,
distribution, manufacture and assembly of finished products; that -are
contained within buildings except as provided in 20.65.103; and that -do not
have- �r -fl-Ifi- required require an EIS.
.056 Tourist Commercial uses listed in Section 20.63.050 through .60, 20.63.101,
and 20.63.151 through .154, within 1/4 mile of a full freeway interchange,
except that where this boundary divides a single parcel up to ten percent
(10 %) of the area of a parcel that lies outside of this boundary may be
amendments 11/87
proposed to Council
1
included within it for the purposes of lot coverage and open space
provisions.
.O67 Those uses permitted and conditionally permitted in the Neighborhood
Commercial zone district as listed in 20.G0.060 -.163 that are not dependent
upon attracting freeway motorists as shown by adequate market studies
provided by the applicant.
.058 Agriculture, including commercial horticulture and tree farming, but
excluding intensive animal husbandry, with or without public services as
long as services meet the requirements of the fire code and the Health
Department.
.059 Public uses which because of locational requirements are necessary in the
Gateway Industrial district.
20.65.100 ACCESSORY USES
.101 Employee recreation facilities and play areas.
.102 Temporary buildings for construction purposes while a building permit is
valid for the primary use for a period not to exceed two years or the
duration of such construction, whichever is less.
.103 Screened outdoor storage not to exceed five percent (5 %) of the gross indoor
floor area except as provided for in 20.65.053 for new or reconditioned.
industrial equipment. Outdoor storage may exceed five percent where such
storage is completely roofed with side screening pr eventing view from
arterials or interstate highways, and meets the development and other
standards of this district.
.104 Retail sales and repair of merchandise manufactured, assembled or stored on
the site and consistent with the definition of Accessory Uses as- defined in
Chapter 20.97 (Definitions).
.105 Other accessory uses and buildings, including security and caretaker
residences, customarily appurtenant to and necessary for a principally
permitted use.
20.65.200 PROHIBITED USES
All other uses.
20.66.250 MINIMUM LOT SIZE
.251 Hotels and motels shall have a minimum net parcel size of 20,000 square
feet.
.262 Other 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.
amendments 11/87 2
proposed to Council
20.65.350 BUILDING SETBACKS
Building setbacks shall be administered pursuant to Section 20.80.200 of the
Official Whatcom County Zoning Ordinance except that all buildings shall have a
minimum setback from all street classifications including interstate highways of
twenty -five (26) feet and side and rear yard setbacks shall be at least ten (10)
feet.
20.65.400 HEIGHT LIMITATIONS
Maximum building height shall not exceed thirty -five (35) feet, except that an
additional foot in height is allowed for each one foot increase in setback in
the yard adjoining the interstate highway up to forty -five (45) feet. Height of
structures, where applicable, shall also conform to the general requirements of
WCC 20.80.675.
20.65.600 OPEN SPACE
.501 All commercial uses permitted by 20.66_056 _above users shall keep twenty
percent (20 %) of the site free of buildings, structures, hard surfacing,
parking areas and impervious surfaces.
.502 All other uses shall keep thirty -five percent (35 %) of the site free of
buildings, structures, hard surfacing,_ parking areas and impervious
surfaces.
20.65.600 SIGN REGULATIONS
Sign regulations shall be administered pursuant to the provisions of this chapter
and of Section 20.80.500 of the Official Whatcom County Zoning Ordinance. See
also 65.662 provisions on landscaping. The following signs are permitted within
this district.
.601 No signs advertising non - commercial uses shall be oriented to the freeway
except one per use that meets the following standards:
(1) corporate or business names.and /or registered trademarks that are not
free- standing shall be integrated into the design of a building, and
shall not exceed the following size:
total area of building side on which maximum size of sign
sign is mounted
000 sq. ft. or greater
between 360 and 800 sq. ft.
leas than 361 sq. ft.
15% of total area of side
120 sq. ft.
64 sq. ft.
(2) or, a free - standing sign that is compatible in architectural design
with the building and set in landscaped areas with a base treatment
constructed of stone, masonry, or wood treated against water and insect
damage that is at least two feet high, and at least one -half as wide as
the sign face, and at least one - fourth as deep as the width of the sign
face, and the sign shall not exceeding fifteen (15) feet in height.
The maximum size of the sign shall be fifteen (16) percent of the total
amendments 11/07 3
proposed to Council
area of the side of the building oriented towards the freeway or 260
square feet, whichever is less.
.602 No signs advertising commercial uses shall be oriented towards the freeway
except on -site signs for commercial uses located within a one - fourth mile
radius of a full freeway interchange.
.603 freestanding signs shall not exceed thirty feet in height nor shall exceed
two hundred fifty (260) square feet in area on all faces, shall be set
within landscaped areas, and shall not be located closer than two hundred
(200) feet apart regardless of ownership or number of businesses.
K# .604 Wall mounted signs on walls facing away from the freeway are limited to one
wall sign per business with a maximum size of_sixt _four (64) square feet.
No roof mounted signs are permitted.
.605 Lighted signs shall only be internally or indirectly illuminated.
K* .606 No off - premise advertising signs are allowed except as provided for in
20.80.570, and except that along the interstate highway_ _as allowed by RCW
47.42, the Washington Scenic Vistas Act,, not exceeding a maximum
height of twenty (20) feet and a maximum size of one hundred fifty (160)
square feet with a minimum separation between signs of one thousand (1000)
feet and not exceeding two (2) signs within any one mile of freeway
frontage.
20.66.650 DEVELOPMENT STANDARDS
.651 facility Design:
(1) Each development shall screen roof - mounted mechanical equipment so as
not to be visible from surrounding uses or roads.
(2) The site plan, building design, and landscape plan shall enhance the
attractiveness and efficiency of the Gateway Industrial environment,
within itself and in relation to other existing or proposed
development through implementation of the following standards.-
a. The building masses, open spaces around them, landscaping, and
signage are integrated so as to enhance the attractiveness of the
project to the international traffic corridors;_
b. Portals, service loading areas, automobile access points,
exterior public activity locations, parking areas and similar
features are located in a manner that maximizes the efficient use
of these facilities without decreasing its attractiveness from
local transportation corridors; -and.
C. Individual developments are designed to accommodate additional
development on adjacent property in an integrated manner.
.662 Landscaping:
A landscape plan prepared by a licensed landscape architect or Washington
State certified nurseryman, pursuant to Section 20.80.610 of the Official
amendments 11/87 4
proposed to Council
Whatcom County Zoning Ordinance, shall be submitted to the Zoning
Administrator for approval, except that for conditional uses it shall be
submitted to the Hearing Examiner as part of the application: The plan also
shall conform to the following requirements and to all requirements in
Section 20.80.610 and 20.80.730.
(1) Twenty -five (25) feet within the street setback and situated adjacent
to the street shall be landscaped, except for driveways, walkways and
signs. The-rami:nder-of-- the - street-- setbaekmay-- be- naed -- for- parki:ng-
Ground cover shall provide an immediate coverage of at least fifty
percent with an eighty -five percent coverage within two years. Shrubs
shall be at.least twenty -one inches in height above finished grade.
(2) For uses which abut uses of a substantially different character, then
screening shall be provided for buildings, storage areas, and parking
areas. 6creening--shaii--be—in- accordance- frith- the - design- standards
provided- in -20789:4307 A visual screen shall consist of a wall.-fence,
or planting not less than four (4) feet in height with the space
between the screen and the lot line landscaped with grass, hardy shrubs
or evergreen ground cover. Where vegetation is used as screening
material, a complete visual barrier shall be attained within five (6)
years of occupancy.
(3) The setback area from streets other than interstate highways shall have
trees of sufficient size and appropriate species planted at twenty (20)
foot intervals to form a noticeable canopy within ten (10) years..
Evergreen trees shall be a minimum height of six feet above finished
grade. Deciduous trees shall be at least one and one -half inches in
diameter measured four feet above ground level. In cases where they
might interfere with vehicle or pedestrian traffic, deciduous trees
should have a clear trunk area of at least seven feet above the ground.
For mobile home parks and RV parks as permitted by 20.65.066, a minimum
of thirty -five (36) percent of the site shall be landscaped and there
shall be screening between the mobile home, RV, and automobile parking
sites and the Interstate. An eighty (80) percent complete visual
barrier not less than six (6) feet in height shall be attained within
five (6) years of occupancy consisting of evergreen shrubs, evergreen
or deciduous trees with the space between the screen and the lot line
landscaped with grass, hardy shrubs or evergreen ground cover.
Implementation and maintenance of all landscaping shall be in
accordance with the provisions of Section 20.130.610.(3) &(4).
.653 Off- Street Parking and Loading:
Off- street parking and loading shall
20.80.700 of the Official Whatcom
gravel surfaces are permitted.
.654 Sewer, Water, and Drainage:
be administered pursuant to Section
County Zoning Ordinance, except that no
Stormwater detention and retention shall be sufficient to prevent post -
development run -off exceeding pre - development runoff. Drainage plans shall
be reviewed and approved by the County Engineer, pursuant to
amendments 11/07 6
proposed to Council
Section 20.00.630 of the Official Whatcom County Zoning Ordinance. Public
water and sewer service shall be provided by Water Districts, Sewer
Districts, and /or municipalities before any development'occurs with the
following exceptions:
(1) Agriculture ia- allowed as specified in 20.66.060 without public water
and public sewer service.. and
(2) In the Birch Bay - Blaine Subarea, all development shall that files a no-
protest agreement to participate in a Local Improvement District to
provide sewer and water services from Water District 0 or other public
purveyor whenever the first one of the following occurs:
(a) total acreage of developed land reaches 67 acres; or
(b) deveiopmeeki -is- proposed application for a building permit is made
for development that would necessitate either public water or
public sewer service according to the Bellingham - Whatcom County
Health Department or Whatcom County fire flow standards; or
(c) the zone district is amended to. Gateway Industrial for the area
zoned Rural 10A located between Portal Way and Interstate 5 north
of the existing district -and- zoned- Rura -1-i8A1.
.666 Driveways:
Consistent with Section 20.00.640 of the Official Whatcom County Zoning
Ordinance, driveway plans shall be reviewed and approved by the County
Engineer or, where applicable, the State Department of Highways.
.656 Access:
Access shall conform to the provisions of Section 20.330.766 of the Official
Whatcom County Zoning Ordinance. Any changes or improvements necessary for
county roads to maintain the current level of service and prevent any
increase in the accident rate will be provided for by the development as
determined by the Whatcom County Engineer.
.667 Lighting:
Lighting shall be designed to avoid excessive glare onto neighboring
properties, and to not create safety hazards or unreasonable interference
with adjacent uses.
.660 Binding Site Plan:
Should the commercial or industrial use be developed as part of a binding
site plan, it shall be administered pursuant to Title 21 of the Whatcom
County Code (Subdivision Regulations) and additional requirements as
applicable. The applicant shall demonstrate that the proposed development:
(1) will be harmonious and in accordance with the general and specific
objectives of Whatcom County's Comprehensive Plan and zoning
regulations;
amendments 11/07 6
proposed to Council
(2) will be designed, constructed, operated, and maintained so as to be
harmonious and appropriate in appearance with the existing or intended
character of the general vicinity, and specifically that' is harmonious
with the intent of all sign and development standards of this district;
(3) will not be hazardous or disturbing to existing or future neighboring
uses;
(4) will not result in the destruction, loss or damage of any natural,
scenic or historic feature of major importance; and
(5) will meet ,all development, performance, and other standards of this
district.
20.65.700 PERFORMANCE STANDARDS
The following provisions shall apply to all uses within this District;
.701.The proposed use shall not be hazardous or disturbing to existing or future
development within the district.
.702 There shall be no production of noise at any property line of any use in
this District in excess of the average intensity of street and traffic noise
found in the District.
.703 There shall be no emission of significant quantities of dust, dirt, odors,
smoke, or toxic gases and fumes.
.704 There shall be no production of heat, glare or vibration perceptible from
any property line of the premises upon which such heat, glare or vibration
is being generated.
.705 There shall be no off -site release to soil or surface drainage was of water
borne or liquid pollutants.
amendments 11 /87 7
proposed to Council
20.04.060 ESTABLISHMENT OF DISTRICTS
For the purpose of furthering the goals and policies of the Comprehensive Flan
and to carry out the provision of this Title, Whatcom County is hereby divided
into the following districts:
Chapter
Abbreviation
District
20.20
UR
Urban Residential
20.22
URM
Urban Residential Medium Density District
20.32
RR
Residential Rural
20.34
RR -I
Rural Residential - Island
20.36
R
Rural
20.40
AG
Agricultural
20.42
F
Forestry
20.44
ROS
Recreation and Open Space
20.60
NC
Neighborhood Commercial
20.62
GC
General Commercial
20.63
TC
Tourist Commercial
20.64
RC
Resort Commercial
20.65
GI
Gateway Industrial
20.66
LII
Light Impact Industrial
20.67
GM
General Manufacturing
20.68
HII
Heavy Impact Industrial
20.70
AO
Airport Operations
(Amended per WCC 20.04.O80(1)(a),(h),(u),(ii))
20.04.070
ADOPTION OF
DISTRICT ZONING MAPS
The boundaries and district classifications hereby established are shown on a
map, and series
thereof,
entitled the "Official Whatcom County Zoning Map." Such
maps and
all notations,
references, data and other information shown thereon are
by reference
made part of this Title.
20.04.0130
AMENDMENTS
Title 20 text
and zoning maps were originally adopted as part of the Cherry
Point - Ferndale Subarea
Comprehensive Land Use Flan. Subsequent text and map
changes to
Title 20 are
as follows:
(1)
Text Amendments
(a)
Ordinance No. 132 -58, dated August 19, 1982, File Ref. No. ZMT 5 -81,
amendment of Title 20 and adoption of zoning text for the Lake
Whatcom Subarea. (Amended by Ordinance 134 -4)
(b) Ordinance No. 82 -78, dated November 4, 1982, File Ref. No. ZT 6-132,
amendment of Title 20 pertaining to the Regulation of Nonconforming
Uses and Parcels, Sections 20.133.060, 20.133.070, 20.83.071 and
20.83.072.
SUPPLEMENTARY REQUIREMENTS
20.80.200 SETBACK REQUIREMENTS
20.80.210 MINIMUM BUILDING SETBACKS
Properties which are generally located on
the Guide Meridian between Horton and
Kellogg roads, and specifically identified
in the Guide
Meridian Improvement
Plan, shall
be subject
to the provisions
of said plan.
The provisions
of said
plan shall supersede this chapter where there is inconsistency.
(Adopted per
WCC 20.04.080(1)(p))
General
Appl. to
Inter.
Coll. or
All Street
or
or Local Minor"
Add.Prov.
ZONE
Classifi-
Prin. MinorMajor MinorAccess Access SIDE REAR
may be
* ** cations
Art.
Art. Coll. _Coll.
Street Street
YARD
_YARD applicable
UR
45'
45' 35' 25'
25' 20'
59*
51*
YES+
URM
45'
45' 35' 25'
25' 20'
S'*
51*
YES+
RR
45'
45' 35' 25'
25' 20'
S'*
51*
YES+
RR-I
25'
25' 20'
S'*
51*
YES+
R
45'
45' 35' 25'
25' 20'
S'*
59*
YES+
AG 50'
20'
20'
YES+
F
45'
45' 35' 25'
25' 20'
100'
100'
YES+
ROS
100'
100' 100'
50'
50'
50'
YES+
NC 25'
0'
10'
YES+
GC 45'
0'
10'
YES+
TC 45'
of
5'*
YES+
RC
45'
45' 35' 25'
25' 20'
S'*
51*
YES*
LII 45'
10'
0'
YES+
GM 45'
10'
10'
YES +o
HII
150'
100' 100' 100'
100' 100'
60'
60'
YES+
GI 25' 10' 10' YES#
(Amended per WCC 20 .04.080(1)(a),(h),(1),(u),(ff), and (ii))
* Roof overhangs or other architectural features shall not project further
than 18 inches into the side or rear yards.
+ Refer to the additional provisions of WCC 20.80.250, 20.80.260, 20.80.270
20.80.280, 20.80.400 and 20.80.700. (Amended per WCC 20.04.080(1)(ff))
o Or as modified pursuant to Section 20.80.286(2).
* Minor access streets are those that are deadends or that are constrained
from ever developing further. (Adopted per WCC 20.04.080(1)(ff))
# Refer to additional provisions of WCC 20.64.350 and WCC 20.65.400.
CHAPTER 20.80
protection of county drainage facilities and neighboring property. No building
permit shall be issued until a drainage control plan is approved by the County
Engineer. (Amended per WCC 20.04.080(l)(a) and (ff))
.640 Driveways: A permit shall be obtained from the County Engineer or State
Department of Highways, as appropriate, prior to the construction of any
driveways on a public right -of -way. The location of driveways adjacent to a
property line functioning as one point of ingress and egress to both
properties shall be encouraged and shall be considered as one driveway. The
location of driveways shall be in accordance with standards adopted by the
County or State Department of Highways as appropriate and approved by the
County Council. These standards shall regulate location, width and
alignment as they relate to safety and traffic congestion.
.650 Air Quality: No development, including traffic generated directly by it,
should generate air pollution exceeding the minimum permissible emission
levels established by the Northwest Air Pollution Control Agency (NWAPA) or
the Environmental Protection Agency.
.660 All Weather Road Access: In order to assure all- weather access, owners of
property rezoned to GI, LII, GM or HII shall be required to attach a
covenant to said property and file it with the County Auditor stating that
the owners of the property, their heirs, assigns and successors in interest
will not oppose participation in a County Road Improvement District and
Latecomers' Agreement as deemed necessary by the Engineering Bureau and the
County Council pursuant to the provisions of RCW Chapter 35.72 and WCC
Chapter 12.44. No development of rezoned properties that requires all -
weather road standards shall be permitted until an all- weather road access
is provided. (Adopted per WCC 20.04.080(1)(ff) and (ii))
.670 Docks: All dock development shall conform to the following requirements:
(1) The dock development shall conform to all applicable local, state and
federal requirements including the Whatcom County Shoreline Management
Program. In particular, dock design and construction shall comply with
the requirements of Section 6.12.4 of the Shoreline Program.
(2) For all fresh water areas, all new posts or pilings shall be untreated
in order to avoid adverse impact on water quality.
(3) The dock shall be painted, marked with reflectors, or otherwise
identified so as to prevent unnecessary hazardous conditions for water
surface uses during day or night.
(4) Docks for noncommercial use or any watercraft moored thereto shall not
be used for a residence.
(5) Storage on a dock is prohibited. However, the requirement does not
apply where a specific design or structure has been approved by the
Zoning Administrator after demonstrating that adequate prevention are
utilized to maintain safety and water quality.
1 .065 COMMISSION. Means the Planning Commission of Whatcom County.
.070 COMMUNITY CENTER. Land and /or building(s) owned by a public agency or
private nonprofit entity used for social, civic, educational or recreational
purposes, which serves mainly the community where located; including but not
limited to community halls and centers, grange halls, senior citizen
centers, teen centers, youth clubs, field houses and churches. The
facilities are available for occasional public meetings. They may also have
the minimal kitchen facilities required for occasional banquets. Private
clubs as defined in this Ordinance are not included. (Amended per
WCC 20.04.080(1)(ff))
.075 CONDITIONAL USE. A use permitted only after "public" review and approved by
the Hearing Examiner, and to which "special" conditions may be attached by
the Hearing Examiner.
.080 CONFINEMENT FEEDING OPERATION. Any livestock or poultry operation whose
population exceeds two animal units per acre, considering the entire acreage
of the farm unit other than the homesite.
.085 CONVENIENCE RETAIL SHOP. A food store designed and intended to serve the
daily or frequent needs of the residential population living primarily
within one mile of the shop. The food store may sell nonfood items such as
household supplies, drugs and items for personal hygiene, but may not
dispense gasoline or provide other service for automobiles.
.090 COUNTY COUNCIL. The County Council of Whatcom County.
.095 DEPARTMENT. The Planning Department of Whatcom County.
2098 DEVELOPED LAND. The total land area of any lot of record which has a
building, parking area, and /or structure for a permitted or conditional use
except the following uses: agriculture as defined above; the growth,
harvest and management of timber; or mining.
.100 DOCK. A platform structure or anchored device in or floating.upon water
bodies to provide moorage for pleasure craft or landing for water- dependent
recreation including but not limited to floats, mooring buoys, swim floats,
float plan moorages, covered moorages and water ski jumps. Launching ramps
are excluded.
.105 DWELLING UNIT. A building, or portion of a building or modular manufactured
housing unit that is constructed or installed on a permanent foundation and
designed for long -term human habitation, which has facilities for cooking,
eating, sleeping, toilet and bathing for use by one family (including
resident domestic employees); the term does not include tents, campers,
recreational vehicles or travel trailers.
(Amended per WCC 20.04.080(1)(ff))
.110 DWELLING, SINGLE - FAMILY. A detached residential unit permanently installed
and served with utilities. (Amended per WCC 20.04.080(1)(ff))
.115 DWELLING, TWO- FAMILY (DUPLEX). Two residential units attached by a common
wall, usually with outside entrances for each unit; the single building
designed for occupancy by two families. (Amended per WCC 20.04.080(1)(ff))
a;
of parts joined together in some definite manner. (Adopted per
WCC 20.04.080(1)(h))
.435 THERMAL POWER PLANT. An electrical generating facility using any fuel,
including nuclear materials, for distribution of electricity by electric
utilities.
X36 TRUCK STOP. A service station alonit with other facilities customarily used
by commercial trucking operations during long tripe, including truck
washing, restaurants and limited sleeping accommodations.
(Adopted per WCC 20.04.080(l)(ii))
.440 UNBUILDABLE LAND. See "Unsuitable Land." (Amended per WCC 20.04.080(1)(h))
.443 UNSUITABLE LAND. Lapd exposed to a condition that may cause a hazard on
structures or human activity if the land in question is developed. Such
lands include but are not limited to: areas with slopes exceeding twenty
percent (20x); unstable geologic formations, as indicated by soil survey
and/or past experience of movement or settling of the land; soils of low or
variable shear strength or load- bearing capacity; major.groundwater recharge
areas; or areas designated formally by a Federal, State or County agency as
floodplain or coastal flood hazard areas. (Adopted per WCC 20.04.080(1)(h))
.450 WAREHOUSING. Warehousing shall mean terminal facilities for handling
freight with or without maintenance facilities.
(Adopted per WOC 200-04.000(1)(h))
.455 WHOLESALE TRADE. Wholesale trade shall lean establishments or places of
business primarily engaged in selling merchandise to retailers; to
industrial, co■merciel, institutional, or professional business users, or to
other wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. (Adopted per
WCC 20.04.080(1)(h))'
.460 YARD, FRONT. An open space on a lot, between the road right- of-way (front
property line) and the requisite minimum front yard setback line. Where a
lot lies at the .corner of two or more roads, it shall have a front yard
setback area extending back from each road right -of -way. If the exact
location of the right- of-way is not known, it shall be assumed that the
improved traveling: surface of the road is in the center of the road right -
of -way. If the width of the road right-of -way is not known, it shell be
assumed to be sixty (60) feet. (Amended per WCC 20.U4.080(1)(c) end (ff))
.465 YARD, REAR. An open space on a lot, between the rear property line and the
building closest to the rear property line; provided that for this
definition all structures specified as accessory uses in Urban Residential,
Residential Rural,'.. Rural and Agricultural zone districts, except home
workshops, shall not be considered as buildings. In the case of a lot with
more than one road frontage and consequently two rear property lines, the
rear yard shall be deemed to be the yard abutting the shorter rear property
line; the other yard shall be treated as a side yard. In cases of doubt,
the .Zoning Administrator shall make the determination. (Amended per
WCC 20.04.080(l)(ff))
July 6, 1987
File Ref: 5 -87 -CZ
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT TO AMEND THE WHATCOM COUNTY COMPREHENSIVE PLAN
FOR THE BIRCH BAY - BLAINE SUBAREA
AND TO IMPLEMENT THIS PLAN THROUGH AMENDING
THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20
APPLICANT: Whatcom County Planning Department
DATE OF APPLICATION: July 6, 1987
REQUEST:
The Whatcom County Planning Department requests the amendment of the 1970 Whatcom
County Comprehensive Plan for the area known as the Birch Bay - Blaine Subarea
and the replacement of the 1977 Birch Bay Comprehensive Plan with the Birch Bay -
Blaine Subarea Comprehensive Plan. The Plan Map, descriptive matter, and
policies are requested to be adopted as contained in the Birch Bay - Blaine
Subarea Comprehensive Plan. Specifically, the existing thirteen plan
designations (Suburban, Potential Suburban, Residential Medium Density, Rural,
Rural Farm, Resort Medium Density, Resort High Density, General Commercial,
Neighborhood Business, Public, Parks, Recreational Beach Area, and Agriculture)
are proposed to be amended to eight designations (Urban Reserve, Urban Reserve
Medium Density, Residential Rural, Rural, Agriculture, and Neighborhood
Commercial, plus two new comprehensive plan designations - Tourist Residential
and Gateway Industrial).
In addition, the Department requests the repeal of the Interim Zoning Ordinance
for this subarea and the adoption of the Official Whatcom County Zoning
Ordinance, Title 20. Specifically, the request is to adopt Urban Residential 3,
Urban Residential 4, Urban Residential Medium Density 6, Residential Rural 2,
Rural 5A, Rural 10A, Agriculture, and Neighborhood Commercial zone districts for
the areas indicated on the proposed zoning map, plus adoption of the text for two
new zone districts (Tourist Residential - 20.26 and Gateway Industrial - 20.65)
and district boundaries as indicated on the proposed zoning map.
Although on the proposed Comprehensive Plan Map and Zoning Map, the Recreation
and Open Space district and Public designation are shown for publicly owned
parks, the Department requests that these areas be planned as Tourist
Residential and Urban Reserve Medium Density (in accordance with adjacent areas).
and zoned as Tourist Residential and Urban Reserve Medium Density 6. The maps
should be altered to reflect this request.
LOCATION•
The Birch Bay - Blaine Subarea is located in the northwestern corner
County. It contains approximately 27,000 acres, or 43 square miles.
is bounded on the ,north by the Canadian border and on t
Sound. It extends east to the Delta Line Road, and to t
including the residential areas of Point Whitehorn. The
only incorporated community in the subarea. Unincorporated
Birch Bay and Custer.
of Whatcom
The subarea
he west by the Puget
he south to Bay Road
city of Blaine is the
communities include
STATUTORY AUTHORITY AND PLANNING PROCESS:
The preliminary Birch Bay - Blaine Subarea Comprehensive Plan has been developed
pursuant to R.C.W. 36.70.320 -.390 which enables the planning agency to prepare
the plan, describes the required and optional elements of the plan and addresses
the cooperation with affected agencies in the formulation of the plan. The
Planning Commission must hold at least one public hearing after giving notice of
the time, place and purpose. On July 5, 1987, the Bellingham Herald published
legal notification of the July 14, 1987, 1:30 and 7:00 p.m. hearings. SEPA
determination will be obtained at least 7 days before Council action.
In December of 1978, the Board of County Commissioners adopted the Whatcom County
Long Range Planning Process and Planning Goals to serve as a blueprint for the
logical development of the Comprehensive Plan and the formulation of effective
implementation tools. This process and goals have been used to develop the Birch
Bay - Blaine Subarea Comprehensive Plan. The Birch Bay - Blaine Background
Document contains the data developed through research that was used to develop
the preliminary Birch Bay - Blaine. Comprehensive Plan and implementing zoning.
In addition, issues connected with the shorelines and the Shoreline Management
Program are presented in The Shorelines of the Birch Bay - Blaine Subarea - An
Examination of Their Physical and Regulatory Environment, Mitchell A. Press,
April 1987, Whatcom County Planning Department. Four citizen meetings were held
in the subarea where findings and implementing zoning were presented and citizen
comments received. The preliminary plan and zoning reflect citizen and other
agency comments and concerns obtained through the public review process. Data
substantiating the following findings are found in the background document.
FINDINGS: EXISTING CONDITIONS
Environmental Features
1. Topography: Elevation in the Birch Bay - Blaine Subarea reaches heights of 400
to 500 feet north of the Blaine - Lynden road, adjacent to the Canadian boarder.
To the southeast the land gradually rises to an elevation of 360 feet. The
topography in the rest of the subarea generally remains within 200 feet of sea
level. Slope gradients in the subarea are mostly between zero and five percent. A
few areas of steeper slope gradients exist along the coast and near the Canadian
border.
2. Geology: There are seven separate geologic units identified in the Birch
Bay- Blaine Subarea. These include:Alluvial Deposits, Peat Deposits, Terrace
Deposits, Sumas Outwash, Sumas Clay and- Silt Bellingham Drift, Sand and Gravel
Overlying Bellingham Drift. The majority of the lowlands are underlain by Sumas
Outwash, Sumas clay and Silt Bellingham Drift, and Sand and Gravel overlying
Bellingham Drift.
3. Soils: The 55 soils in the subarea include large areas in prime farmland
soils. Much of the subarea has either very poor permeability or too much
permeability that necessitates drainage for intensive farming purposes. Roughly
half of the subarea has severe limitations for development, particularly for
septic tank systems.
4 . ` ?`Groundwater Resources: Groundwater supply appears to be generally low or of
uncertain quality in the subarea..The boundary highlands aquifer, located. east
of the city of Blaine, provides the only known source of large quantities of
groundwater. Studies indicate a maximum flow of four or eight million gallons
per day. Most of the groundwater in the rest of the subarea is found relatively
close to the earth's surface and is susceptible to contamination.
5. Surface Water Resources: The Birch Bay - Blaine subarea is dominated by its
marine environment with most of the residents living within a few miles of the
coastal shoreline. Upland surface water generally appears in the form of numerous
small streamways contributing to four major coastal creek drainage basins.
Several small lakes and ponds along with numerous freshwater wetland areas are
also present in the subarea. Over two - thirds of the Birch Bay- Blaine subarea's 15
miles of marine shoreline lie within 2 shallow, protected bays -- Drayton Harbor
and Birch Bay. Two coastal creek basins, California and Dakota creeks, drain
into Drayton Harbor, while Terrell Creek drains into central Birch Bay.
Community Facilities and Utilities
6. Education: Education is provided by Ferndale School District No. 502 and
Blaine School District No. 503. All school districts have sufficient capacity
within their systems to accommodate additional students, although expansion would
be needed if much population growth occurred.
7. Law enforcement: Law enforcement in the subarea is provided by the Whatcom
County Sheriff's Department. An average of 440 calls per year are-presently
received on a per capita personnel basis.
8. Fire Protection: Fire protection is provided by four Whatcom County fire
protection districts including District No. 1, District No. 3, District No. 4 and
District No. 14.
9. Energy: Puget Sound and Light Company and Cascade Natural Gas Company
provide energy to the Birch Bay - Blaine Subarea. Both have the capacity to serve
additional customers and could expand if needed.
10. Solid Waste: Solid waste disposal is accomplished by residents or private
haulers taking refuse to sanitary land fills or to the incineration plant located
on Slater Road. Sanitary land fills serving subarea residents are located at
Cedarville Road, Y Road and Birch Bay. Nooksack Valley Disposal, Inc. and
Sanitary Service Company are certified to collect both residential and commercial
waste.
11. Sewa a Disposal: Sewage disposal is provided by the City of Blaine, Water
District No. 8, and individual private septic tank systems. There are about 4,000
dwelling units in the subarea and in Blaine, with about 1800 relying on
individual septic tank systems. Blaine's sewer system currently serves 2,000
households and multiple businesses with secondary sewage treatment. The sewage
treatment plant is located across Drayton Harbor on Semiahmoo Spit. Water
District No. 8 provides sewer service to the area surrounding Birch Bay. The
District maintains sewer lines along all urbanized portions of the Bay's
shoreline. Sewage is carried along these lines to a secondary treatment facility
south of Birch Bay State Park, with the sewage outfall located off of Point
Whitehorn. This system currently serves 3,362 households and commercial ven-
tures, and can double the number served. The main method by which sewage service
is provided is through the formation of a local improvement district where
property owners finance extensions. Some neighborhoods in Blaine have not been
able to fund sewer extensions despite many failing septic systems.
K
12. Water: The City of Blaine currently operates the largest water system in the
Blaine -Birch Bay Subarea. It serves the entire city population and also provides
water to Water District No. 8 and to water associations. The water comes from
wells located northeast of the city. In addition to these two large public water
purveyors, water is provided by Water District No. 6 to Birch Point from well
sources, and the state operates water systems at the Custer rest areas serving
Interstate 5 traffic and at Birch Bay State Park where water is purchased from
Water District 8. Depending upon whether the total capacity of Blaine's wells is
four million or eight million gallons per day, public water service could be
expanded by 50% to 250 %. Non - public water sources include 8 water associations.
Approximately 700 houses (out of a total of about 4,000 houses including Blaine)
are served by individual wells or surface water withdrawal in the subarea.
13. Transportation: Regional, state, and international highway access to the
subarea is provided by Interstate 5, a major freeway connecting Vancouver, B.C,
to the north and Seattle to the south. Four major collector routes connect with
Interstate 5 to the west, and provide primary access to the Birch Bay and
Semiahmoo Spit. These are Blaine Road, Birch Bay - Lynden Road, Grandview Road,
and Bay Road. To the east of I -5 three major collector routes provide access to
the predominantly rural landscape of the inland subarea. These are H Street
Road, Sweet Road, and Birch Bay - Lynden Road. A11- weather industrial road access
is provided by Portal Way and Blaine Road, plus the portions of Bruce Road and
Custer School Road adjacent to Portal Way.
Due to the recreational nature of the Birch Bay area, traffic volumes vary widely
with the seasons. Average summer traffic volumes can be as high as 60 percent
above the annual average and during the winter the volume is 35 percent below the
annual average. Peak day traffic in the summer far exceeds the average summer
traffic volumes. Most of the roads in the subarea currently have adequate
capacity to accommodate existing traffic volumes at acceptable service levels,
even on the peak weekend day of the year. Notable exceptions are Birch Bay Drive
between Harbor View and Jackson Roads, and Blaine Road north from Drayton Harbor
Road. Provisions for pedestrians and bicycles are lacking along Birch Bay Drive
and many of the other roads in the area.
14. Parks and Recreation: Recreational sites and facilities in the subarea are
provided by the State, County, City of Blaine, and various private organizations
and commercial ventures. Most of the sites are located on or close to marine
shorelines. Birch Bay State Park, the international boundary park, and several
Whatcom County parks comprise most of the park acreage.
Population and Economic Base
15. Economic activity: The subarea's economy traditionally has been based on
the resource extraction industries and tourism. However, fisheries, agriculture,
forestry, and mining no longer provide as large a portion of household income as
do manufacturing jobs. Only about 14% of the manufacturing jobs.held by subarea
residents can be accounted for by industries within the subarea, the rest are
presumably located at Cherry Point or other manufacturing centers outside of the
subarea. Because of the proximity of Canada, major border ports of entry, and
the fishing economy, international decisions hold more economic significance in
the Birch Bay - Blaine subarea than in any other part of Whatcom County, with the
exception of Point Roberts.
C!
16. Population and characteristics: According to the state census, Blaine has
grown only 1% during the last 6 years, while unincorporated areas throughout
Whatcom County have grown 16 %. Also, from 1970 through 1986 unincorporated areas
of Whatcom County grew much faster than the incorporated cities. However,
declining value of the Canadian dollar compared to American dollars in past years
may lessen the impact of this trend in the Birch Bay Area. About one fourth of
all dwelling units are for seasonal use and the actual occupancy rate varies.
Assuming that Birch Bay - Blaine Subarea will grow at the same rate as the rest
of unincorporated Whatcom County, the population of the subarea will grow about
50% over the next 20 years. If the "boom" rate of growth exhibited in the 1970s
occurs again, then the population would grow about 70 %. If Cherry Point
industrial areas fully develop during this planning period, and the trend of one
fourth of industrial workers choosing to reside in Birch Bay continues, then
allowing for the multiplier effect of industrial jobs population growth would be
about 300 %. Current sources of drinking water would limit population growth to
50% to 260 %.
1986 Land Use
17. Acreage and percentage of land in each use: The following list presents the
use of land in the subarea.in 1986.
Rank Order Land Use Classification # of Acres % of Total
1 Agriculture
12,006
44.00
2 Forestry
9,535
35.00
Single Family Residence
(SF) 2,360
8.7
Multi - family Residence
(MF) 42
.15
Mobile Home or RV Parks
299
1.1
3 Residential
2,701
9.95
4 Vacant
1,758
6.40
Commercial (Com)
130
.48
Commercial Recreation
210
.8
5 Commercial
340
.56
6 Industrial
392
1.40
Public & Quasi - Public
55
.2
Parks & Recreation
325
1.2
7 Public
380
1.40
8 Communication, Utility,
& Transpor.
129
.50
9 Aquaculture
20
.07
Totals 27,261 100.00 .
18. Lands in current use property tax status: This land is intended to remain
undeveloped, and property tax penalties are assessed if it is withdrawn from
the agriculture, forestry, or open space uses that the tax reduction was based
upon. It comprises 9,197 acres in the subarea (included in the above totals for
land use), or about 33% of all land in the subarea. All except 330 acres of it
is in agricultural or forestry use. Tax reductions range up to 90% and represent
a considerable savings to the landowner.
19. The built environment: The Birch Bay and Custer areas are population
centers that were begun many years ago and are, in some respects, showing their
age. They represent a considerable investment of economic resources, and the
Birch Bay area also has abundant natural resources. Inland areas are of a rural
character. Areas adjacent to Blaine are currently rural, but may be expected to
become suburban in character when Blaine grows.
Existing Land Use Regulations
20. 1970 and 1977 Zoning Districts and current land uses: Thirteen
comprehensive plan designations have been applied to the subarea. These include:
Suburban, Potential Suburban, Residential Medium Density, Rural, Rural Farm,
Resort Medium Density, Resort High Density, General Commercial, Neighborhood
Business, Public Use, Parks, Recreational Beach Area, and Agriculture. The
zoning districts that implement the above designations include: Residential
Medium Density (7 families /acre), Suburban (4 families /acre), Rural one acre,
Rural Farm, Resort- Medium Density, Resort -High Density, Neighborhood Commercial,
Tourist Business, Agriculture, General Protection, and Recreation and Open Space.
As the chart below shows, the Agriculture and Rural Farm districts are
preponderantly used in accordance. with their zoned uses, and the Resort High
Density and Rural 1 Acre zone districts have about 70% of their respective areas
in their zoned uses. In addition, the General Protection zone district contains
about 90% of its land area in rural uses (woods, agriculture, mining, and
vacant).
Zone District - acreage Acres in each Use
Agriculture -495
Rural Farm -305
Rural 1 Acre -400
Suburban 4 -4015
Res. Med. Dens.7 -790
Resort Med. Dens. -65
Resort High Dens. -225
Neighborhood Com. -22
Tourist Business -130
450 agriculture; 30 sf residential; 15 vacant
290 rural; 15 sf residential
321 rural; 65 sf residential; 14 MH parks
2242 forest; 955 agriculture; 818 residential
460 forest /rural; 165 MH &.RV parks; 160 sf res; 5 mf res
30 forest /vacant; 15 commercial; 10 sf res; 10 mf res
87 forest /vacant; 53 com; 50 MH & RV parks; 35 sf res
11 vacant; 7 RV park; 4 commercial
130 forest, vacant, agriculture
General Prot. -19920 9840 agriculture; 6435 forest; 1400 sf res; 1535 vacant;
335 industrial; 150 quasi - public; 85 commercial; 80 MH &
RV parks; 15 mf res; and 35 misc.
21. Shoreline Management Program Designations: The Whatcom County Shoreline
Management Program (SMP) was adopted in 1976 and applies to areas generally
within 200 feet of the ordinary high water mark of streams, rivers greater than
20 cubic feet per second mean annual flow, lakes larger than 20 acres in size and
Puget Sound. Shorelines in the subarea that are within the jurisdiction of the
Washington State Shoreline Management Act include much of the lower stretches of
California, Dakota and Terrell Creeks, along with the entire marine coastline.
Beaver Lake, a small lake in the northeast corner of the subarea, is also
6
33. The boundary between the county and Blaine is irregular in a few locations,
making both zoning and Shoreline Management Program administration difficult.
34. There are some conflicts between the zoning ordinance and the Shoreline
Management Program (SMP), and some inconsistencies within the SMP.
35. Comparison of the 1987 preliminary Birch Bay - Blaine Comprehensive Plan and
implementing zoning to zoning adopted in the 1970s indicates that acreage
reserved for high density residential uses around Birch Bay, for urban
residential densities, and for agriculture have substantially increased. Acreage
available for commercial uses is very slightly increased, plus the approximately
160 acres within the Tourist Residential zone that are planned as commercial
clusters. Also proposed are 112 acres to be set aside for industrial use (plus
the area adjacent to the I -5 interchange that can be industrial or commercial).
The rural and residential rural zones replace the remaining three fourths of the
prior General Protection zone.
Where the 1970 Comprehensive Plan and 1977 Birch Bay Comprehensive Plan and
implementing zoning allowed for about 1000% increase over the 1980 population of
the subarea, the proposed plan and zoning allow for an increase of about 700%
without any use of bonuses to about 1100% with bonuses. The major difference is
that the proposed zoning reduces projected population growth in the eastern
portion of the subarea in favor of increased population growth next to Blaine and
within Water District 8's boundaries. This is in accordance with the regional
design, growth management, and land use goals adopted by the Planning Commission
and County Council in 1979 to guide land use decisions in Whatcom County.
0
EXISTING
ZONING
PROPOSED ZONING
General Use
Total Acres
•
Total Acres
High Density
RMD7
790
TR7
1380
Residential
RDH
225
Commercial
RDM
65
1080
1380
Urban Residential
S4
4015
UR3
6278
4015
URM6
71
6349
Rural
RF
305
R5A
305
R1A
400
RR2
145
GP
19920
20625
R10A
14501
14951
Agriculture
AG
495
495
AG
3420
3420
Commercial
NC
22
NC
25
TB
130
152
GI(com)
130
155
Industrial
-
0
0
GI
112
112
Total acres
26367
26367
Where the 1970 Comprehensive Plan and 1977 Birch Bay Comprehensive Plan and
implementing zoning allowed for about 1000% increase over the 1980 population of
the subarea, the proposed plan and zoning allow for an increase of about 700%
without any use of bonuses to about 1100% with bonuses. The major difference is
that the proposed zoning reduces projected population growth in the eastern
portion of the subarea in favor of increased population growth next to Blaine and
within Water District 8's boundaries. This is in accordance with the regional
design, growth management, and land use goals adopted by the Planning Commission
and County Council in 1979 to guide land use decisions in Whatcom County.
0
'ificluded. Shoreline Management Program regulations supercede other county
regulations, except that when other regulations are more stringent.
FINDINGS: MAJOR COMMUNITY AND LAND USE ISSUES
22. Groundwater quantity and quality may limit population growth in the subarea.
23. Surface water quality is poor in some creeks and in Drayton Harbor. This
has negative economic impacts on the subarea in the fields of aquaculture,
fisheries, and possibly tourism if surface water quality deteriorates further.
24. Extensive areas of Prime Farmland soil in large parcels currently are not
conserved for use for Agriculture through zoning.
25. Soils are poorly suited for septic tank systems, and failing systems are
contaminating surface waters and groundwater. The cost of extending sewer lines
is higher than what residents are willing to assess .themselves.
26. Roads in the Birch Bay area are not adequate for anticipated population
growth, and do not provide for bicycle and pedestrian traffic. This has both
safety and tourism impacts.
27. The long term need for and design standards for additional roads in the
areas planned for residential growth, as well as connections to the Interstate,
have never been determined. Meanwhile development has made some options
identified before the 1977 Birch Bay Comprehensive Plan more expensive.
28. Total park area is insufficient for population growth projected, and not all
existing park sites are developed or in areas where parks will be needed.
29. The Interstate 5 /Portal Way corridor has appropriate access for industrial
use, yet is one of the few areas in Whatcom County that is visible from the
freeway and has not already been zoned for commercial or industrial activity.
30. Seasonal residents and tourists comprise the best economic resource for the
Birch Bay area, which is also one of the few areas whose growth could add to the
county's tax base. The issues identified in the 1977 Birch Bay Comprehensive
Plan that hinder that development have not been resolved: bicycle and pedestrian
ways, sign control, traffic congestion, height control to preserve views, housing
density control, public recreational facilities, adequate parking, and general
concerns about compatibility of development with the beach resource.
31. Tidelands in central Birch Bay are privately owned, yet are used by the
public, and comprise the basis for the economic value of property in the area.
32. Existing zoning allows over a 1000% population increase. This exceeds the
capacity of the subarea community facilities of water, parks, and transportation.
The General Protection zone district allows residential rural densities
throughout much of the subarea where prime farmland soils or forest or mineral
resources exist. The highest density development is restricted to the area
immediately adjacent to the shoreline of central Birch Bay.
7
CONCLUSIONS: THE BIRCH BAY - BLAINE COMPREHENSIVE PLAN AND IMPLEMENTING ZONING
1. Urban Reserve and Urban Reserve Medium Density plan designations are
implemented with Urban Residential 3 and 4 dwelling units per acre (UR3 or UR4),
and with Urban Residential Medium Density 6 dwelling units per acre (URM6).
These are applied in areas that are within the service boundaries for Water
District 8 sewer and water and City of Blaine sewer and water. The URM6 was
applied consistent with the boudaries of an existing area zoned and developed at
similar density. All of the area within W.D. 8's boundaries not planned for
other urban zones is included in UR3 or UR4. Blaine indicates a much larger
potential service area than the area included in UR3; however, the unincorporated
area with this designation adjacent to its borders is sufficient to allow its
population to increase by over 600 %. In addition, Blaine has the potential for a
similar increase within its boundaries. Blaine's population growth in the past
16 years has been 22 %, so more than enough land with urban densities has been
allowed to accommodate growth for many decades.
2. The Residential Rural plan designation is implemented with Residential Rural
2 dwelling units per acre (RR2). RR2 is intended for those areas having either
public water or public sewer; however, in recognition of the density within the
developed area comprising the unincorporated community of Custer, this
designation is applied recognizing water associations as sufficient water
purveyers.. It will allow growth within Custer.
3. The Rural plan designation is implemented with Rural 5 Acre and 10 Acre
zones (R5A and R10A). The intent is to maintain a low population density in
those areas where urban services are not. available and to encourage the
continuation of rural economic uses such as agriculture, mineral extraction, and
woodlots. Although there are many forested acres and many acres of Prime
Farmland soils, there are not discrete areas with parcel sizes and uses that
would justify Forestry or Agriculture zoning. The boundaries are based upon the
absence of public sewer and water, the absence of planned transportation
improvements, the presence of Prime Farmland soils and mineral resources, and the
existing land use character of the area. With the exception of fourteen
scattered long subdivisions comprising 560 acres, the R10A zone is applied to
14,130 acres with an average parcel size of over 11 acres, and an approximate
dwelling unit density of 1 unit per 20+ acres. The R5A zone is applied
consistent with the boundaries of an area previously zoned for 5 acre farms.
Within the area zoned R5A and R10A, the number of dwelling units is projected to
more than double.
4. The Agriculture plan designation is implemented with the Agriculture zone
(Ag). This zone is applied where preponderantly large parcels exist, acreage is
in the agricultural current use tax status, agriculture has historically been the
major land use, and Prime Farmland soils are present. In this subarea, the area
previously designated as Agriculture does not meet these requirements to the
extent ordinarily required for the designation and has been planned as Rural. In
the southern portion of the subarea .3420 acres has been proposed for Agriculture
based upon the above criteria. Portions of this area have been held in hopes of
future industrial spillover from the Cherry. Point Subarea industrial areas.
Because of the Prime Farmland soils resource and the availability of about 11,000
industrial acres elsewhere in the county, during this planning period industrial
zoning is not appropriate.
.I--,
5. Neighborhood Commercial is implemented with the Neighborhood Commercial zone
(NC). These are small commercial areas to serve the projected residential
population within residential or rural areas. Although not ideally located
given present and future transportation patterns, two areas previously zoned NC
and totalling about 14 acres are proposed as NC in recognition of existing
investment based upon prior zoning. The current population in the geographic
areas that these two commercial centers might be expected to serve is about
1,000. Development standards indicate that a population of at least 14,000 would
be the minimum necessary to support full development of these two areas. This
indicates that any additional NC areas would not be feasible, especially given
the approximately 160 acres proposed for mixed residential and commercial
activity within the central Birch Bay area. The central 5 acres of Custer are
also proposed for NC in order to facilitate expansion adjacent to existing
commercial uses.
6. Publicly owned parks and recreation sites have in prior plans been given the
designation public, and the zone Recreation and Open Space (ROS). In order to
provide additional flexibility for park development and potential land
transfers, and to eliminate an unnecissary zone and one that would be legally
questionable if ever applied to private property, these areas are planned as
public, but zoned similarly to adjacent nonpublic parcels.
7. Gateway Industrial is a new designation intended to maximize the economic
potential of sites suited for industry that are adjacent to major international
transportation corridors. It allows tourist commercial uses in areas immediately
accessible to the traveling public, while emphasizing industrial uses that will
benefit from the transportation access and will also promote the image of Whatcom
County to the business traveler. The new zone text, Gateway Industrial (GI),
proposed to implement this zone, contrasts with existing industrial zones in
several ways. Uses are limited to chiefly indoor types of industrial activity
and offices, and the development standards set forth in the zone text provide for
consistency in appearance such as would be found through the planned unit
development process without requiring the PUD process to be undertaken by the
individual developer. The southern area of the proposed zone was previously
zoned as Tourist Business. Gateway Industrial would allow similar commercial
concerns as did the prior zone but as conditional uses, and industrial uses are
encouraged in this area.
8. Tourist Residential is a new designation intended to broaden the development
potential around Birch Bay while responding to the major issues identified in the
1977 Birch Bay Comprehensive Plan. It makes high density development available
to a large area surrounding Birch Bay., but as a function of bonuses and transfer
of development rights (such as currently provided for in the planned unit
development and density transfer procedure sections of Title 20), rather than
limiting it to smaller geographic areas as does the prior zoning in the area. It
also allows neighborhood commercial scale development a much greater selection of
parcels, while restricting intense commercial activity to three core areas
comprising about 160 acres. Since this amount of commercial acreage would need a
population of several hundred thousand to develop, even considering the large
population increase based upon seasonal or temporary use, it is expected that
much of the area planned as commercial cluster will develop as housing. A
comparison of the new zone text, Tourist Residential 7 to 21 dwelling units per
acre (TR7 -21), to the previous zones it overlays is presented on the chart
attached as Appendix A.
10
9. Existing utilities and transportation service would prevent the amount of
growth allowed for by the proposed zoning from being realized; however, the plan
provides for development providing for the expansion in facilities it needs
rather than the cost being born by the general public. Particularly in the area
of transportation, it remains the county's responsibility to plan adequately in
order to reduce future costs, and the county therefore needs to initiate a
detailed transportation study for the urban growth area surrounding Birch Bay.
Development in the Urban Reserve, Tourist Residential, and Gateway Industrial is
limited until public sewer and water are provided, in order to prevent health and
economic impacts from contaminated surface water and groundwater.
10. Environmental resources in the subarea are crucial to its economic base,
particularly surface water, prime farmland soils, and mineral resources. Some
areas are limited for development based upon soil conditions and drainage. In
addition, certain important wildlife habitat and fish habitat in the subarea
should be recognized and protected.
11. Economic resources are primarily related to environmental resources. The
economic growth of the area around Birch Bay is based upon seasonal residential
use, tourism, and recreationally oriented year round residential uses. In order
to promote growth, the issues associated with the recreational use of Birch Bay
Drive and adjacent tidelands must be resolved, and a unifying community image
promoted.
12. In order to integrate the two new zone districts, Gateway Industrial and
Tourist Residential, into Title 20, amendments to the administrative sections,
definitions section, and supplementary requirements section of Title 20 must be
made.
RECOMMENDATION:
The Birch Bay - Blaine Subarea Comprehensive Plan and implementing zoning have
been developed consistent with state legislation and the planning process and
goals adopted by Whatcom County in 1979. Citizen, agency, and City of Blaine
comments have been obtained and incorporated as' appropriate. The findings
demonstrate the rationale for the plan policies and zoning proposed. The
Planning Department recommends to the Planning .Commission that the Birch Bay -
Blaine Subarea Comprehensive Plan and Plan Map, implementing Zoning Map, and
Title 20 zoning including text amendments as proposed, be adopted for the Birch
Bay - Blaine Subarea and forwarded to the County Council for approval.
11
CENTRAL BIRCH BAY
ZONE COMPARISON
P = permitted uses
C = conditional uses
Density is the number of units per acre. For hotels and motels Floor Area Ratio replaces units per acre. Floor
Area Ratio (FAR) = total square footage of building divided by the total square footage of the parcel.
The number of rental rooms per acre equivalent to the FAR is as follows:
FAR = .35 FAR = .70 FAR = 1.05
Budget motels w/o conference facilites 55 110 170
Medium range motels /hotels with some facilities 25 50 78
High end hotels specializing in conferences 14 27 40
*P /C = permitted for 7 or fewer units; conditional for 8 or more units
* *P /C a permitted for less than 2500 square feet; conditional when greater than 2500 square feet
July 7, 1987
TITLE 20
PROPOSED TR
11/0
MAX 1i/
TITLE 20
ALTERNATE
INTERIM ZONING
EXISTING
URN 6
RC
RHO T
RDH
ROM
RESIDENTIAL a TOURIST ACCONWATIONS
BONUS
P 7
BONDS
21
Single Family /Duplex.
P 6 P 4
P 6
P 7
P 7
Triplex /Fourplex
P/C 7
21
C 22
P 7
*P /C 21
*P /C 21
Multifamily
p/C 7
21
C 22
P 7
*P /C 21
*P /C 21
US= AND
Hotel /Motel (floon area ratio)
P/C .35
- 1.05
C 6
C .56/.60
*P /C 27
*P /C 27
DENSITY
Cabin /Bed A Breakfast /Lodging
P/C 7
21
C 6
C 22
*P /C 27
*P /C 27
Mobile Home Parks
C 7
21
C 7
C 7
C 7
C 7
C 7
RV Parks
C 7
21
C 15
C 15
C 15
C 15
Care Centers
C
C
Campgrounds
C 7
21
C
C
C
Public /Schools /Churches /eto
C
C
----------------
-- ------------- --------- - -----
Minimum Lot Size, square feet
-- ------
6200 -
- - ----
4000
--------------------
7200
8000
-------------------------------
7200
6000
6000
Maximum Lot Coverage, percent
60%
35%
35%
35%
35%
35%
Open Space, percent
30 %/40%
20 %/40%
15x/50%
30%
40%
40%
BULL
Front Yard Setback
20'
25'
25'
25'
25'
25'
REQUIREWWS
Side Yard Setback
51/15'
S'
S'
S'
S'
5'
Rear Yard Setback
5'/15'
S'
S'
10'
10'
10'
Maximum Building Height
P 25'
C 45'
40'
45'
25'
P 35' C
75' 25'
Maximum Sign Size, square feet
64 sf
°TR
C
CC
P
64 sf
64 sf
12 sf
12/24 sf
12 sf
COMMERCM
URN 6 RC
IND -1 RDH
EDM-1
Commercial Retail <2500 ft
P
C * *P /C
P
Commercial Retail >2500 ft
-
C
Real Estate Offices
C
* *P /C
P
C
Professional Offices
C
* *P /C
C
P
Recreational Clubs
-
C
C
C
USES
Commercial Recreation
-
C
C
P
Golf Courses
C
C
C
C
C
C
C
Restaurants
-
* *P /C
P
P
P
Taverns
-
C
C
P
-
Service Stations
-
C
C
Laundromat - Dry Cleaners
-
P
P
Personal Services
C
* *P /C
P
P
P
----------------------------------------------
Minimum Lot Size, square feet
- ----
-
-- - - - - --
-- -----------
7200
- - - - --
8000
-------------------------------
8000
8000
8000
Maximum Lot Coverage, percent
70%
35%
35%
35%
35%
35%
Open Space, percent
30%
65%
20 %/50%
30%
40%
40%
BULL
Front Yard Setback
20'
25'
25'
25'
25'
25'
REQUIRZKOWS
Side Yard Setback
0
5'
5'
S:
5'
S'
Rear Yard Setback
0
5'
51 .
10'
10'
10'
Maximum Building Height
P 25'
C 45'
40'
45'
25'
P 35' C
75' 25'
Maximum Sign Size, square feet
64 sf
64 sf
64 sf
12 sf
60 sf
24 sf
P = permitted uses
C = conditional uses
Density is the number of units per acre. For hotels and motels Floor Area Ratio replaces units per acre. Floor
Area Ratio (FAR) = total square footage of building divided by the total square footage of the parcel.
The number of rental rooms per acre equivalent to the FAR is as follows:
FAR = .35 FAR = .70 FAR = 1.05
Budget motels w/o conference facilites 55 110 170
Medium range motels /hotels with some facilities 25 50 78
High end hotels specializing in conferences 14 27 40
*P /C = permitted for 7 or fewer units; conditional for 8 or more units
* *P /C a permitted for less than 2500 square feet; conditional when greater than 2500 square feet
July 7, 1987