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HomeMy WebLinkAboutord1986-029INTRODUCED BY PROPOSED BY ORDINANCE NO. 86 -29 Roehl Planning DATE: February 20, 1986 1 AN ORDINANCE ADOPTING AND AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR THE 2 GEOGRAPHIC AREA KNOWN AS THE CHUCKANUT -LAKE SAMISH SUBAREA OF WHATCOM COUNTY 3 4 WHEREAS, the Whatcom County Planning Agency is charged with updating and 5 revising the Interim Zoning Ordinance and providing recommendations for legisla- 6 tive action to the County Council; 7 8 WHEREAS, the Whatcom County Planning Agency has reviewed the Chuckanut -Lake 9 Samish Subarea of the Interim Zoning Ordinance through development of a Back - 10 ground Document that.effectively inventoried and analyzed land use, transporta- 11 tion, community facilities, utilities, and environmental features of the subarea 12 hile determining important land use related issues and developing a comprehen- 13 sive citizen participation process which has resulted in suggested amendments to 14 Title 20, the Official Whatcom County Zoning Ordinance; 15 16 WHEREAS, the Whatcom County Planning Commission has conducted two public 17 hearings in December, 1985 and January, 1986 for the purposes of receiving 18 testimony on the proposed zoning; 19 20 WHEREAS, the Whatcom County Planning Commission has prepared Findings, 21 easons and Motion recommending the amendments to Title 20 for said Subarea; 22 and, 23 24 WHEREAS, the Whatcom County Council has reviewed the Planning Agency's 25 Findings, Reasons and Motion; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council as follows: 28 29 Section 1. Zoning Text 30 Title 20, the Official Whatcom County Zoning Ordinance is hereby amended to 31 ead as set forth in Exhibit "A ", which is attached hereto and incorporated 32 herein by reference, and the amended Title 20 is hereby adopted for the area .referred to as the Chuckanut -Lake Samish Subarea. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 91 22 23 24 25 26 27 28 29 30 31 32 Section 2. Zoning Map The Official Whatcom County Zoning Map for the area referred to as the Chuckanut -Lake Samish Subarea is hereby amended in its entirety as set forth in Exhibit "B ", which is attached hereto and incorporated herein by reference. Section 3. Repealer The Interim Zoning Ordinance, Chapter 2.24, Whatcom County Code, text and map, is hereby repealed as it affects the Chuckanut -Lake Samish Subarea. Section 4. 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 1st day of May , 1986. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, HINGTON na nsey, C irman ATTES : (e5' APPROVED'j ( ) VETOED U4 Clerk of the C unciI Shirley Van Amten, E cutive (APPROVED AS TO FORM: May 20 1986 Date Civil Deputy TroNecuting Attorney Westside Record March 12, 1986 Published and May 7, 1986 , 1986. Bellingham Herald March 14, 1986 This Ordinance becomes effective May 12, 1986 1986. DRAFT I -- 2/20/86 -2- Exhibit -) Ordinance 86 -29 EXHIBIT "A" Proposed Title 20 Amendments to Implement Chuckanut /Lake Samish Comprehensive Plan & Zoning February, 1986 TABLE OF CONTENTS 20.32.251, .252 & .253 Residential Rural District Density ........... ............................... 1 20.60.551 & .552 NeighborhoodCommercial ...................... ............................... 2 20.97.329 & .330 Definitions of Public Sewer & Water ......................................... 2 RESIDENTIAL RURAL (RR) DISTRICT 20.32.250 MAXIMUM DENSITY, MINIMUM LOT SIZE AND WIDTH .251 For the purpose of creating new building lots within the Residential -Rural District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision,-- as--well -as and whether or not public sewer and /or water is available, as well as in--add -itlon -to; whether stormwater collection and retention facilities where identified by the appropriate subarea comprehen- sive plan policies, serve the project site. Where the conventional sub- division method is used to create new building lots, the minimum lot size shall be one (1) acre or, if public sewer and /or water, and, where specified in the comprehensive plan, stormwater drainage facilities are provided, the minimum lot size shall be 18,000 square feet for RR2 areas or 12,000 square feet for RR3 areas. The lot cluster subdivision method shall only be used if public sewer and /or water are provided and the minimum lot size is based on the consideration of the District's setback requirements (WCC 20.80.200) and the Bellingham- Whatcom County Health Department regulations for on -site septic disposal. (Amended per WCC 20.04.080(1)(a)) .252 Maximum Density and Minimum Lot Size MIN. RESERVE GROSS MIN :[MUM LOT SIZE AREA(CLUSTER DISTRICT DENSITY CONVENTIONAL /CLUSTER SUBDIVISIONS) RR with neither public sewer or water RR with public sewer and /or water, and stormwater retention and collection facilities where identified by the appropriate subarea comprehensive plan policies. 1 dwelling 1 acre 1 acre 0% unit /l acre 2 dwelling 18,000 15,000 10% units /l acre sq. ft. sq. ft. or 3 dwelling 12,000 8,000 25% units /l acre sq. ft. sq. ft. (Amended per WCC 20.04.080(1)(a),(h)) .253 Minimum Lot Width and D WIDTH AT STREET LINE WIDTH AT MINIMUM DISTRICT CONVENTIONAL /CLUSTER BLDG. LINE MEAN DEPTH RR without neither 30' 30' 80' 100' public sewer nor water RR with public sewer and /or 30' 30' 70' 80' water, and stormwater collection and retention facilities where identified 30' 30' 70' 80' by the appropriate subarea comprehensive plan policies. (Amended per WCC 20.04.080(1)(a),(h)) 1 NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT 20.60.550 BUFFER AREA .551 When parcels situated within this District adjoin an Urban Residential, Residential Rural or Rural district, side and rear yard setbacks shall be increased to twenty -five (25) feet. .552 When parcels situated within this District are between an interstate highway and a Residential Rural or Rural district, the setback on sides adjoining the Residential Rural or Rural districts and paralleling the interstate shall be increased to 100 feet. This buffer shall not be altered from existing dense natural vegetation or, where vegetation is lacking, shall be landscaped so as to provide a dense vegetative screen. DEFINITIONS 20.97 .329 PUBLIC SEWER. For land use plannino purposes. a system intended to dispose of sewaoe meetino the definition of WAC 248 -96- 020(17): a seweraae system which is owned or operated by a city, town, municipal corporation, county, political subdivision of the state, or other ownership with appropriate approvals consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal and approved or under permit from the department of ecology. .330 PUBLIC WATER. For land use planning purposes, a system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilitiesi where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic usei but exelud tag- water- system - sere+ �t�g- etie- s�t�g�e�smi��►- �es�denee: - -Fsr- the- �rpase of- these- regu -lattions , - water-- asseeiat�etis- sha��-- t�et- be-- eet�s�dered- a -�b��e water-- ssuree -- its - -the -- Residential- Rural-- Bistriet- and is managed by: a municipality or a special purpose district; or a Class I water system as defined in WAC 248 -54- 560(1) in areas having existing concentrations of parcels of one acre or less in size; or any class of water system that is deemed appropriate by the Bellingham - Whatcom County Health Department to serve the densities provided in the appropriate Subarea Comprehensive Plan and attendant zoning regulations that has defined boundaries within which all land has legal rights to water service from the association, has a water system plan on file with the Bellingham Whatcom County Health Department that is in accordance with WAC 248 -54- 065(4,5,6), and meets engineering requirements consistent with the class of system. PA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED BY: PROPOSED BY: DATE: ORDINANCE NO. AN ORDINANCE AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA KNOWN AS THE CHUCKANUT -LAKE SAMISH SUBAREA OF WHATCOM COUNTY. WHEREAS, the Whatcom County Planning Agency is charged with updating revising the 1970 Whatcom County Comprehensive Plan Text and Map and provid recommendations for legislative action to the County; WHEREAS, the Whatcom County Planning Agency has reviewed the Chuckanut -Lake Samish Subarea of the Comprehensive Plan through development of a Background Document that effectively inventoried and analyzed land use, transportation, community facilities, utilities, and environmental features of the subarea while determining important land use related issues and developing a comprehensive citizen participation process which has resulted in the formation of a prelimin- ary Comprehensive Plan; WHEREAS, two public hearings were conducted in December, 1985 and January, 1986 by the Whatcom County Planning Commission on the proposed plan; WHEREAS, the Whatcom County Planning Commission has prepared Findings, Reasons and a Motion recommending the adoption of the proposed Chuckanut -Lake Samish Subarea Comprehensive Plan; 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: P, 15. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 1. Comprehensive Plan Text The 1970 Whatcom County Comprehensive Plan Text for the geographic area as the Chuckanut -Lake Samish Subarea is hereby amended in its entirety to as set forth in Exhibit. "A ", which is attached hereto and incorporated n by reference. Section 2. Map The 1970 Whatcom County Comprehensive Plan Map is hereby amended in its irety for the geographic area referred to as the Chuckanut - -Lake Samish area, as set forth in Exhibit "B ", which is attached hereto and incorporated ein by reference. Section 3. Validity Adjudication of invalidity of any of the sections, clauses, or provisions this Ordinance shall not affect or impair- the validity of the Ordinance as a le or any part thereof other than the part so declared to be invalid. PASSED this day of 1986. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 24 TTEST: 25 Jerk of the Council 26 Y7 k PPROVED AS TO FORM: 28 29 o ivil Deputy P cuting Attorney 30 ublished and 31 his ordinance becomes effective 32 RAFT I -- 2/14/86 -22- Donald Hansey, Chairperson ( ) APPROVED ( ) VETOED Shirley Van Zanten, Executive Date 1986. . 1986. 16 WHATCOM COUNTY PLANNING AGENCY REPORT IN THE MATTER OF AMENDING THE 1970) WHATCOM COUNTY COMPREHENSIVE PLAN ) TEXT AND MAP, AND REPEALING THE ) INTERIM ZONING ORDINANCE CHAPTER ) FINDINGS, 2.24 AND APPLYING TITLE 20, THE ) REASONS, OFFICIAL WHATCOM COUNTY ZONING ) AND ORDINANCE AND MAP, FOR THE GEO- ) MOTION GRAPHIC AREA DESIGNATED AS THE ) CHUCKANUT /LAKE SAMISH SUBAREA OF ) WHATCOM COUNTY, WASHINGTON ) WHEREAS, in 1979 the Whatcom County Planning Commission and Board of County Commissioners adopted the Whatcom County Planning Process to serve as a guideline for the incremental and consistent revision of the 1970 County Comprehensive Land Use Plan; and WHEREAS, in 1979 the Whatcom County Planning Commission and County Council adopted the Comprehensive Plan Goal Statements to provide the general direction for planning in the County; and WHEREAS, in 1984 the Whatcom County Planning Agency developed the Chuckanut /Lake Samish Subarea Background Document which presents a descriptive inventory and analysis of land use, environmental features, transportation facilities, community facilities and utilities, and further describes various issues related to the Subarea; and WHEREAS, the Whatcom County Planning Agency conducted information meetings with subarea citizens between January and September, 1985, for the purpose of receiving citizen input and identifying additional subarea issues; and WHEREAS, the Preliminary Comprehensive Plan text and attendant zoning texts were developed between August and October, 1985; and the Comprehensive Plan contains the required elements of land use, circulation and groundwater, as stipulated in RCW 36.70.330, as well as the optional elements of Community Facilities and Utilities and Environmental Features, as provided for in RCW 36.70.350; and WHEREAS, the zoning districts and map were developed to implement the proposals and policies of the Comprehensive Plan as stipulated in RCW 36.70.550; and WHEREAS, an environmental checklist on the Chuckanut /Lake Samish Subarea Comprehensive Land Use Plan and attendant zoning was prepared; and a Determination of Non- Significance was issued on November 15, 1985, consistent with the provisions of RCW 43.21C; and WHEREAS, the Whatcom County Planning Agency legally advertised for a public hearing on the Chuckanut /Lake Samish Subarea Comprehensive Land Use Plan and attendant zoning of Title 20, consistent with the provisions of RCW 36.70.390 and .590; and conducted said hearing on December 10, 1985 and January 9, 1986, for the purpose of receiving public testimony on the proposed plan and zoning consistent with the provisions of RCW 36.70.380 and .580; and WHEREAS, the Whatcom County Planning Department prepared a staff report wherein certain findings were made to the Planning Commission that provided. the basis for the planning staff's recommendation of adoption to said Commission; and WHEREAS, the Whatcom County Planning Commission held a series of three work sessions in December 1985 and January 1986 to evaluate the public hearing testimony received at the public hearing and as a result revised certain portions of the plan and attendant zoning. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Commission hereby adopts the findings, reasons for action and recommendations as presented in Exhibit 1, the Staff Report to Amend the 1970 Whatcom County Comprehensive Plan for the Chuckanut /Lake Samish Subarea and to Implement Said Plan by Amending the Official Whatcom County Zoning Ordinance - Title 20. 2. The Chairman and Secretary of the Planning Commission are hereby directed to place their signatures upon the Chuckanut /Lake Samish Subarea Comprehensive Plan and Zoning, and to transmit same to the Whatcom County Council pursuant to RCW 36.70.420. Done and passed by a roll call vote of the Planning Commission this day of February, 1986. WHATCOM C PLANNING CO SION Secretary ATTACHMENTS: Exhibit 1 - Staff Report Exhibit 2 - Preliminary Chuckanut /Lake Samish Subarea Comprehensive Plan & Map as revised by Whatcom County Planning Commission Exhibit 3 - Proposed Amendments to Title 20 and Map as revised by Whatcom County Planning Commission -2-