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HomeMy WebLinkAboutord1986-056DATE: July 3, 1986 INTRODUCED BY: Consent PROPOSED BY: Planning ORDINANCE NO. AN ORDINANCE AMENDING THE URBAN RESIDENTIAL MEDIUM DENSITY DISTRICT, CHAPTER 20.22, TO CONDITIONALLY PERMIT CHURCHES, AND AMENDING THE LIGHT IMPACT INDUSTRIAL DISTRICT, CHAPTER 20.66, TO PERMIT CHURCHES OUTRIGHT, IN THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20. WHEREAS, the Whatcom County Council adopted a motion requesting the Planning Commission to review proposed amendments to the Urban Residential Medium Density District (URM), Chapter 20.22, and the Light Impact Industrial (LII) District, Chapter 20.66; and WHEREAS, the applicant, Evangelical Free Church, represented by Robert Tull, Attorney, have submitted an application and a SEPA checklist; and WHEREAS, the Planning Department has prepared a staff report , attached hereto, as Exhibit 1, that has been reviewed by Planning Commission; and WHEREAS, the Planning Agency conducted a public hearing on June 17, 1986 for the purpose of receiving public testimony on the proposal; and WHEREAS, the Whatcom County Planning Commission has prepared Findings, Reasons, and Motion recommending amendments to the text of the Official Whatcom County Zoning Ordinance, Title 20; and WHEREAS, the Whatcom County Council has reviewed the Planning Agency's Findings, Reasons, and Motion; NOW, THEREFORE, BE IT ORDAINED by Whatcom County Council as follows: Section 1. Zoning Text The URM District, Chapter 20.22, and the LII District, Chapter 20.66, of the Official Whatcom County Zoning Ordinance, are hereby amended as set forth in "Attachment A" of the Staff Report, "Exhibit 1 ", which is attached hereto and incorporated herein by reference. Section 2. Validity Adjudication or invalidity of any of these 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. Draft 1, Page 1, June 26, 1986 PASSED this 17th day of July 1986. WHATCOM COUNTY COLA IC I L ]bald G. sey Chyirperson ATT T: (✓S APPROVED ( ) VETOED A U �X� r Carol Ebergson, Shirley VanAZanten, Clerk of Council Executive July 18, 1986 Date APPROVED AS TO FORM: Randall Watts, Civil Deputy Prosecuting Attorney Published July 9 and July 23 1986. This Ordinance becomes effective July 28 , 1986. Draft 1, Page 2, June 26, 1986. WNATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Evangelical Free Church, represented by Robert M. Tull, Attorney REQUEST & PENDING_ APPLICATION: On May 15, 1986, the Whatcom County Council made a motion that the Whatcom County Planning Commission consider certain amendments to the Title 20 Zoning Ordinance. The motion arose in response to a request to Council from Robert Tull, attorney for, the Evangelical Free Church to add churches as conditionally permitted uses in the Urban Residential Medium (URM) Density District, and add schools and churches as permitted or conditionally permitted uses in the Light Impact Industrial (LII) District. Specific text amendments are included in Attachment "A ". The effect of the request, if approved, would be to enable the Evangelical Free Church to temporarily occupy for a period of approximately two years, a portion of a building to be constructed near Century Business Park near the intersection of Horton Road and the Guide Meridian. The site is presently planned Light Industrial Park and is zoned LII. After two years, the church intends to construct a permanent building at a yet to be determined location and the previously used space will revert to light industrial uses. On a broader scope, the effect of the request will be to permit or condi- tionally permit churches and public schools in all LII districts in Whatcom County. Similarly, churches would be conditionally permitted uses in all URN districts of Whatcom County. LOCATION: The two requested text amendments will respectively affect all districts in Whatcom County that are zoned Urban Residential Medium Density District and Light Impact Industrial District. STATUTORY REQUIREMENTS: Legal Notice: Pursuant to RCW 36.70.590, a legal notice was published in the Weatside Record Journal on June 4, 1986. SEPA: As of this writing, a SEPA checklist has yet to be received; however, it is anticipated that the checklist will be submitted and environmental deter- mination will be made prior to final action by Whatcom County Council. Regulatory Affects of the Request: The proposed text amendments will add churches as conditionally permitted uses in the URM district, and add public schools and churches as permitted or conditionally permitted uses in the LII district. EXISTING CONDITIONS: The Urban Residential Medium Density District was originally adopted in 1982, and was subsequently amended in 1983 and 1985. The purpose of the district is "to provide for a supply of land in areas planned for residential purposes that will accommodate the county's need for medium density 1 r r1 L J nd compatible nonresidential uses, as identified in the appropriate subarea comprehensive plan." The Light Impact Industrial District was originally adopted in 1981 and was subsequently amended in 1985. The purpose of the district is to provide "for the planned development of large land areas, in appropriate locations, exclusive- ly for industrial and subordinate uses which provide support services to the district. Light industrial uses are primarily related to services, and distribu- tion, manufacture and assembly of finished products that have a relatively light impact on adjacent uses and districts." ANALYSIS AND EVALUATION: The Urban Residential Medium Density District presently contains several uses that may be considered as compatible nonresidential uses that augment the function of the district. Such uses are conditionally permitted in the URM district and include parochial and private schools, public schools, fire sta- tions, and community clubs and centers. Said uses are quasi - public uses that are occupied on a temporary basis, which is similar in characteristics to churches. In addition, the inclusion of churches would be consistent with the purpose statement of the district. Thus, it appears appropriate to include churches as conditionally permitted uses in the URM district. The Light Impact Industrial District presently contains uses that are oriented to the fabrication or processing of materials into finished products. The district provides for permitted uses, conditional uses, and accessory uses on ,e same property as permitted or conditional use. Approximately 2,065 acres of LII zoned land are presently available in Whatcom County and are primarily located in the Cherry Point -Ferndale and Urban Fringe subareas. An additional 300 acres will be included when the Lynden- Nooksack Valley Subarea is adopted. Thus, less than 1% of the land in lowland Whatcom County is zoned LII, a district that is primarily oriented to industrial uses which makes LII zoned land a comparatively scarce commodity. In contrast, the Urban Residential, Residential Rural, Rural Residen- tial- Island, Rural, and Agriculture districts all conditionally permit public schools and churches. Said districts comprise approximately 86% of the land in lowland Whatcom County. Thus, considerable area presently exists in which public schools and churches may locate. Therefore, there doesn't appear'to be a need to provide additional land for public schools and churches, and thereby potentially erode the land base established for light industrial uses. Moreover, with the exception of the PUD provision, inclusion of public schools and churches in the LII zone would be inconsistent with the district's purpose statement. Light Impact Industrial zoned areas may be developed in a planned unit development which provides for mixed uses land forms, Cordata being an example. In mixed use areas that are developed pursuant to a planned unit development (PUD), public schools and churches would be appropriate. In recognition of this position, Planned Unit Development Permitted Uses WCC 20.85.053 (4) states "for the Light Impact Industrial zone, those uses allowed in the Urban Residential Medium, Neighborhood Commercial and /or General Commercial zones are appropriate." �us, a PUD in a LII zone will provide the opportunity for churches and public :hools. Therefore, amendment to the LII text doesn't appear to be necessary to address the use question. E s However, PUD's are reviewed by the Hearing Examiner with final consent given by the Whatcom County Council and fees for PUD's are similar to zone changes. In contrast, conditional use permits are reviewed by and have final determination made by the Hearing Examiner. Fees and necessary processing time are less than that required for a PUD. Thus, if churches and public schools are considered for inclusion in the LII zone, they should be reviewed as conditional uses, similar to other zones providing for churches and public schools. SUMMARY OF FINDINGS: 1. The applicant, Evangelical Free Church, is requesting amendments to the texts of the URM and LII districts to provide for churches and public schools. 2. Legal notice was published on June 4, 1986, in the Westside Record Journal. 3. As of this writing, a SEPA checklist and application have not been received from the applicant. It is anticipated that said items will be received prior to Planning Commission action, and that final SEPA action will occur prior to County Council action. 4. Inclusion of churches as conditionally permitted uses in the Urban Residen- tial Medium Density District would correct an apparent oversight in qua- si- public uses and would be consistent with the purpose of the district. 5. Inclusion of public schools and churches in the Light Impact Industrial District doesn't appear to be necessary, given the acreage available in other zones that would accommodate said uses, and given that schools and churches are possible in the LII District when included as part of a PUD. Moreover, inclusion of public schools and churches would be inconsistent with the purpose statement for the LII district. If however, it is thought that the uses should be specifically addressed in the LII zone, schools and churches should be conditionally permitted so administration is consistent for all zones that provide for public schools and churches. RECOMMENDATION: The Planning Department recommends including churches as conditionally permitted uses in the Urban Residential Medium Density District. The Planning Department suggests that Planning Commission carefully consider the necessity for having public schools and churches in Light Impact Industrial zone districts, given the limited and prime acreage presently available for light industrial uses, and given the plentiful acreage that is presently avail- able in the Urban Residential, Residential Rural, Rural Residential- Island, Rural, and Agriculture zone districts. If Planning Commission determines that the uses should be included in the LII zone, it is recommended that public schools and churches should be conditionally permitted. 3 ATTACIMN'P "A." Chapter 20.22.150 Conditional Uses: URBAN RESIDENTIAL MEDIUM (UM) DENSITY DISTRICT .163 Churches. Chapter 20.66.060_ Permitted Uses: IMPACT INDUS_ �'RIAL LIIj DISTRICT .075 Churches. __ _