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HomeMy WebLinkAboutord1984-104J 1 DATE: 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 November 15, 984 INTRODUCED BY: Consent PROPOSED BY: planning and Develc Committee ORDINANCE NO. 84 -104 AN ORDINANCE AMENDING THE 1970 COMPREHENSIVE PLAN MAP FROM "RURAL" TO "BUSINESS ", THE TEXT OF THE BUSINESS AND RURAL POLICIES AND THE INTERIM ZONING MAP FROM "GENERAL PROTECTION" TO "TOURIST BUSINESS" FOR THE GEOGRAPHIC AREA SITUATED IN IMMEDIATE PROXIMITY TO EXIT 270 INTERSECTION; AND AMENDING THE TEXT OF THE "TOURIST BUSINESS" INTERIM ZONING DISTRICT. WHEREAS, on August 1, 1984 the Whatcom County Planning Department conducted a citizen information meeting for the purpose of discussing various issues and concerns with the area surrounding Exit 270 of Interstate 5 in the Birch -Bay Lynden area; and, WHEREAS, the Whatcom County Planning Commission developed business and rural comprehensive plan policy language, amendments, and amended the Tourist Business zone text as well as the map amend- ment area in August and September, 1984; and, WHEREAS, the Whatcom County SEPA Official has issued a Final Declaration of Non - Significance on September 17, 1984; and, WHEREAS, the Whatcom County Planning Department prepared a staff report dated September 11, 1984 which is attached hereto and incorporated by reference through attachment which contains certain findings which when submitted to the Planning Commission, provided the basis for the Planning staff's recommendation of adoption of I said commission; and, WHEREAS, the Planning Commission has conducted public hearings concerning this issue as well as work sessions and after conducting these hearings and work sessions, their recommendation to the Whatcom County Council is that it adopts the proposed amend- ments and recommendations; and, WHEREAS, the Whatcom County Council, after reviewing the findings and the proposed amendments concurs that they should be adopted; ORDINANCE - 1. n 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 NOW, THEREFORE, BE IT ORDAINED that the 1970 Comprehensive Plan Map as well as the text of the Business and Rural Policies and the Interim Zoning Map from General Protection to Tourist Business for the geographic area situated in the immediate proximity to Exit 270 Intersection, and amending the text of the Tourist Business Interim Zoning District shall be amended in accordance with the recommendations of the Planning Commission which are attached to this ordinance and incorporated by reference as if fully stated herein. PASSED THIS 6th DAY OF December , 1984. ATTEST: 16-C L Clerk of the Co ncil APPROVED AS TO FORM: RANDALL J. VMS, Deputy Prose ing Attorney WHATCO UNTY COUNCIL WHATC COUNTY WA I BY: CRAIG W .1COn, Council ,)Chairperson (� APPROVED ( ) VETOED U' UG,.,,, L4L., SHIRLEY VikN ZAN County Executive DATE: December 7 Published November 20, and Effective. date: December 17, 1984 JORDINANCE - 2. December 12. 1984 18 September 1984 File Ref: CMT 5 -84 ZMT 5 -84 WHATCOM COUNTY PLANNING AGENCY REPORT PLANNING COMMISSION RESOLUTION IN THE MATTER OF AMENDING THE 1970 ) COMPREHENSIVE PLAN MAP FROM "RURAL" ) FINDINGS, TO "BUSINESS ", THE TEXTS OF THE ) REASONS, "BUSINESS" AND "RURAL" POLICIES AND ) AND THE INTERIM ZONING MAP FROM "GENERAL) MOTION PROTECTION" TO "TOURIST BUSINESS" ) FOR THE GEOGRAPHIC AREA SITUATED IN ) IMMEDIATE PROXIMITY TO THE EXIT 270 ) INTERSECTION; AND AMENDING THE TEXT ) OF THE "TOURIST BUSINESS" INTERIM ) ZONING DISTRICT ) WHEREAS, in April of 1984, the Whatcom County Planning Agency developed a Background Study for the I75 /Birch Bay- Lynden Road Study Area which presents a descriptive inventory and analysis of land use, environmental features, tran--,portation facilities, community facilities and utilities, and further describes various issues related to the Study Area; and WHEREAS, on July 17, 1984, the Whatcom County Planning Agency agreed on an initial area to be considered for application of the "Tourist Business" zone; and WHEREAS, on August 1, 1984, the Whatcom County Planning Department conducted a citizen information meeting for the purpose of discussing various issues and concerns with the area residents; and WHEREAS, the Whatcom County Planning Commission developed "Business" and "Rural" comprehensive plan policy language amendments, and amended the "Tourist Business" zone text, as well as the map amendment area, in August and September of 1984; and WHEREAS, pursuant to RCW 36.70.390 and .590, notice of public hearing was published Wednesday, September 5, 1.984 in the Westside Record Journal; and copies of the notice were mailed on September 6, 1984 to property owners within the I -5 /Birch Bay - Lynden Road Study Area; and WHEREAS, pursuant to RCW 43.21.080(2) and WAC 197 -10, the Whatcom County SEPA Official issued a Final Declaration of Non - Significance on September 17, 1984; and WHEREAS, the Whatcom County Planning Department prepared a staff report dated September 11, 1984, attached hereto as Attachment "A ", which contains certain findings which when submitted to Planning Commission provided the basis for Planning Staff's recommendation of adoption to said Commission; and WHEREAS, the Planning Commission conducted a public hearing on September 18, 1984 wherein a quorum of the Commission was present; and WHEREAS, the Planning Commission conducted a work session on October 16, 1984, wherein a quorum of the Commission was present; NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Commission hereby adopts the findings, reasons for action and recommendations as presented in Attachment "A "; and 2. That the Planning Commission recommends to the Whatcom County Council, the amendments as described in Attachment "A ", the Staff Report. 3. The Chairman and Secretary are hereby directed to place their signatures on the document and transmit same to Whatcom County Council. Done and passed by aailxti alga roll call vote of the Planning Commission this 16 &- day of October, 1984. WHATCOM COUNTY PLANNING COMMISSION Chairman Date J4�1 �lz;o 11 - "f �� A 1416q4 Secretary Date - 11 /g September 11, 1984 File Ref: CMT 5 -84 ZMT 5 -84 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Whatcom County Planning Commission Mi.ffifl 01.1va The proposal is to amend the 1970 Comprehensive Plan Land Use Map from "Rural" to "Business ", amend the texts of the "Business" and "Rural" plan designations, amend the Interim Zoning Map from "General Protection" to "Tourist Business" and amend the text of the "Tourist Business" district. LOCATION: The map amendments pertain to approximately 110 acres situated in portions of Sections 22, 23, 26 and 27, Township 40 North, Range 1 East, W.M., as shown in Figure 1. The area is generally located in proximity to the intersection of Interstate-5 and Birch Bay - Lynden Road, is a portion of the I -5 /Birch Bay - Lynden Road, is a portion of the I -5 /Birch Bay - Lynden Road Study Area and is situated in the Birch Bay - Blaine Subarea. STATUTORY REQUIREMENTS: Legal Notice: Pursuant to R.C.W. 36.70.590, a legal notice was published in the Westside Record Journal, the official county newspaper and newspaper of general circulation, on Wednesday, September 5, 1984. Notices were also mailed to property owners within the area known as the I -5 /Birch Bay - Lynden Road Study Area as shown in Figure 2. State Environmental Policy Act: Pursuant to R.C.W. 43.21.080(2), the Whatcom County SEPA Official issued a Proposed Declaration of Non - Significance on September 12, 1984. A final Declaration of Non - Significance will be issued at least seven days prior to action on the proposal by Whatcom County Council. REGULATORY EFFECTS OF THE PROPOSAL: The proposal, through the "Tourist Business" zone and "Business" plan designation, will provide clear direction to property owners and administrators relative to permitted uses, conditionally permitted uses and bulk regulations. The proposal will also move toward utilizing the scarce land resource associated with the freeway interchange in a manner which will benefit the motoring public. With existing land use regulations consisting of the "General Protection" zone and "Rural" plan designation, permitted and conditional uses, as well as other considerations are not clearly provided. Moreover, existing land use regulations at the intersection don't provide sufficient direction for facilitating appropriate land uses. Thus, if approved, the proposal would provide for future land use predictability for land owners and area residents through the delineation of appropriate land uses within a defined geographic area. EXISTING CONDITIONS: Land Use: Within the area considered for zone map and comprehensive plan map amendments, approximately 52% or 58 acres are vacant and 48% or 54 acres are in forest cover. Approximately twenty acres of the 58 acres which are presently vacant are associated with the Exit 270 tourist and resort commercial complex. The sole residence in the area is located at the former drive -in theater site. The zone map and comprehensive plan map amendment area is situated in the I -5 /Birch Bay- Lynden Road Study Area. The Study Area is approximately 24 square miles in size and is illustrated in Figure 2. Dominant land uses include agriculture which occupies 552 acres or 38.5% of the area; forest cover which comprises 536 acres or 37.4% of the area; vacant land situated on 171 acres or 11.9% of the area; and residences occupying 90 acres or 6.3% of the area. The majority of residences are situated in the Birch Terrace subdivisions. The average parcel size for the entire study area is 6.6 acres and present dwelling unit density is approximately one dwelling per 15.6 acres. Thus, the area can be characterized as rural with reference to land uses, average parcel size and dwelling unit density. The immediate area of the intersection, as well as the Study Area, is currently planned "Rural" and zoned "General Protection ". The Rural plan designation was applied as part of. the 1970 Comprehensive Plan and intends to "define areas in which predominating uses are a mixture of farming, part -time farming, rural residential and occassional rural industry or business." The "General Protection" zone implements the Rural plan designation and intends to minimize conflicts between adjacent land uses, not cause premature requirements for publicly financed utility services, attain compatibility with land use policies, and promote the general public health, safety and welfare. Although noble in intent, the GP zone has caused considerable confusion for property owners, as well as administrators, and generally doesn't provide predictability concerning appropriate land uses. . Services: Uses within the Study Area presently obtain water through on -site wells or through Percie Road Water Association. Waste water disposal is accomplished with on -site septic systems. The proposed "Tourist Business" area as illustrated in Figure 1 is approximately 110 acres in size and is to be served with public sewer and water from Birch Bay Water District #8. In august, 1984,. the Boundary Review Board agreed to a service area extension to Birch Bay Water District #8's present service area. The area is approximately 125 acres in size, exclusive of road rights -of -way and occupies portions of the four quadrants of the -2- Exit 270 intersection. The proposed "Tourist Business" area is entirely situated within the District's recently added service area. Presently the. Whatcom County Council is considering amendments to the Birch Bay Water District #8 comprehensive sewer and water plans. The amendments consist of providing public sewer to the intersection through a 2.7 mile extension consisting of a six inch force main. Sewer and water connections between the western portion of the District and the intersection will not be permitted. The intent is only to provide sewer and water services to the intersection area. According to District engineers, line sizing is thought to be sufficient to accommodate uses within the proposed "Tourist Business" area. Water is to be provided by extending a six inch water main from the District's present service area to the intersection. Water flows are estimated to be capable of serving domestic water needs, as well as fire flow requirements. The extension of both the sewer and water lines is to be funded by the Exit 270 project proponent with subsequent users paying late comers fees. Transportation: Roads situated within the proposed "Tourist Business area include Interstate -5, Portal Way, Birch Bay - Lynden Road and Valley View Road. Interstate -5 is part of the Federal Highway System and is administered by the Washington. State Department of Transportation. Birch Bay - Lynden Road is classified by the Whatcom County Engineering Department as a Major Collector, Portal Way is classified as a General Access road and Valley View Road is classified as a Minor Collector. All county roads have sixty foot rights -of -way and therefore can be upgraded in pavement width to meet demands which might occur in the "Tourist Business" area. To maintain existing functional capacity, access points should be limited from the "Tourist Business" area to county roads. All county roads generally experience a satisfactory level of service with the exception of summer weekend congestion which occurs at the intersection of Birch Bay - Lynden Road, Portal Way and the Burlington Northern railroad crossing. Environmental Factors: The proposed "Tourist Business" area is generally flat and is part of the shallow trough known as the Custer Trough. Sumas Outwash is the geologic unit located at the intersection. It is composed of sand and provides satisfactory foundation stability, has high permeability, can yield much groundwater and the water table is generally high. Edmonds - Woodlyn loams, 0 -2% slopes and Tromp loam, 0 -2% slope are the two soils situated in the proposed "Tourist Business" area. Both soils experience moderate drainage in upper levels and very rapid permeability at deeper levels. The regional water table rises between one to three feet of the ground surface during the rainy season, which is generally from November to April. A seasonally high water table combined with flat terrain in the Custer Trough combines to create drainage problems. Surface waters generally drain in a southern direction before entering ditches which drain into California Creek. The majority -3- of the proposed "Tourist Business" area is situated within Drainage Improvement District V. DID #7 maintains certain ditches and creeks within its boundaries to assure adequate drainage. Achieving positive on -site drainage within the proposed "Tourist Business" area will be a major challenge to project proponents and should be coordinated, with DID #7 when possible, to the satisfaction of the County Engineer. Although situated outside of the proposed "Tourist Business" area, California Creek is a salmon spawning and rearing habitat. Because drainage from intersection projects will eventually meet the creek, project proponents should implement methods which will assure continued water quality. ANALYSIS AND EVALUATION: History of the Request: The present action is a reasoned land use planning response to an apparent need for intensive land uses and urban level services at the I -5 /Birch Bay - Lynden Road intersection. With County Council approval of the Exit 270 project and the imminent extension of public sewer and water services, the need for clear land use guidelines related to other potential land uses at the intersection is intensified. Exit 270 project proponents have recognized the development potential of the intersection and it can be assumed that other property owners acknowledge the same potential. With the major impediment to project development removed, that is, availability of public sewer and water, increased interest in freeway oriented development can be expected. However, existing Rural plan policies and General Protection zone are absent guidelines for facilitating appropriate land uses. Moreover, the present land use considerations do little to contribute to predictability concerning land uses which the county finds appropriate. Thus, this proposal is an attempt to introduce predictability concerning appropriate land uses, utility services and general site design considerations, with the knowledge that additional future development at the intersection is quite probable. To determine an appropriate area for intensive land uses, the Planning Department Staff prepared a document entitled "I -5 /Birch Bay - Lynden Road Study Area" which was released in April, 1984. The document presents existing conditions within the Study Area, summaries of which have been previously mentioned in the Staff Report. In July, 1984, Planning Commission and Planning Staff arrived at a consensus concerning an appropriate area and types of land uses which would be suitable at the intersection. A 125 acre area situated on portions of the four intersection quadrants was determined to be suitable for tourist commercial types of uses. In August, 1984, Planning Staff conducted an informal citizen discussion meeting with area residents. The purpose of the meeting was to determine concerns of area residents relative to intensive land uses at the intersection. The majority of area residents expressed interest in maintaining the existing rural land use pattern, as well as dissatisfaction with resort commercial types of land uses. Concern was also expressed about -4- the need to prevent intensive land uses at non - intersection locations. Another concern related to the effect on Percie Road Water Association created by Birch Bay Water District #8 activities at the intersection. Several residents living within the previously proposed "Tourist Business" area expressed the desire to be excluded from the proposed zone. The resultant "Tourist Business" zone, "Business" and "Rural" policy amendments, and the map amendment area are an attempt to respond to and balance citizen concerns with the understanding that continued development at the intersection is quite probable. Major Issues and Concerns: The purpose of this section is to identify ideas which have emerged during formulation of the Study Area document, Planning Commission discussions and citizen participation process. Issues and concerns related to the proposal include determination of an appropriate land use at the intersection, delineation of reasonable amount of land for intensive uses, applying identifiable boundaries for the proposed "Tourist Business" zone, determining feasibility for public sewer and water provision to the intersection, addressing drainage problems and responding to citizen input. A major purpose of Study Area document preparation was to provide information which would assist in determining an appropriate land use for the immediate area of the Exit 270 intersection. The intersection provides safe and convenient access to adjacent land parcels. Considerable north and south bound traffic volumes exist on I -5, and Birch Bay - Lynden Road is a major corridor for traffic destined to Lynden and Birch Bay. Sufficient land exists in a compact form at intersection quadrants to facilitate comprehensive site planning. Thus, the area exhibits locational criteria which are clearly consistent with the Tourist Business zone. Other land uses which have been discussed relative to the intersection include light industrial and general commercial. Presently, an abundance of light industrial planned land exists in both the Cherry Point - Ferndale Subarea . and the Urban Fringe Subarea which appears to provide sufficient supply of light industrial land for the foreseeable future. Moreover, the Grandview Road /I -5 intersection, directly to the south, continues to have available land for light industrial development. General commercial uses are more suitably situated adjacent to population centers. Within the I -5 corridor, suitable locations for general commercial types of uses would be adjacent to Blaine, Ferndale and Bellingham. The Exit 270 intersection area lacks sufficient residential population to provide a major and requisite source of consumer support for general commercial activities. Thus, neither light industrial nor general commercial types of land uses would contribute to efficient use of the land resource afforded by the intersection. Another issue relates to delineation of an appropriate amount of land for the "Tourist Business" zone, as well as suitable boundaries. The proposal calls for approximately 110 acres to be zoned "Tourist Business ", twenty acres of which are associated with the impending Exit 270 project. The remaining 90 acres -5- should .supply a sufficient amount of land to provide land use predictability and decrease artificial inflation of property values both within the proposed rezone area and the surrounding area. "Tourist Business" district boundaries should be easily identifiable and, when possible, contribute to compatibility with the surrounding area. Portal Way, the proposed western boundary, is readily identifiable. Moreover, use of Portal Way as the western most district boundary minimizes the potential for additional traffic congestion at the Portal Way /Birch Bay - Lynden Road /Burlington Northern railroad crossing, which would occur if district boundaries were situated further to the west. Other proposed district boundaries are formed by property lines or quarter section lines, both of which can be readily determined through survey. In addition, the northern and eastern district boundaries are vegetated and thus, provide available buffers which will move toward attaining compatibility with the surrounding area. Public sewer and water availability is a necessary prerequisite for intensive uses which will situate within the proposed "Tourist Business" zone. As mentioned previously, Birch Bay Water District #8 has obtained agreement from the Boundary Review Board for a service area extension for portions of Exit 270 intersection quadrants. County Council is considering District sewer and water comprehensive plan amendments. Exit 270 project proponents have indicated the ability to initially fund extension of public sewer and water lines with other users paying late .comers charges. Thus, public sewer and water availability appears to be feasible. Because seasonally high water tables are present between November and May, methods to assure on -site drainage will be necessary as uses develop within the proposed "Tourist Business" area. Such methods should not negatively impact existing ditches and creeks. It is the opinion of the County Engineer that drainage considerations should be dealt with on a case -by -case basis in cooperation with both Drainage Improvement District #7 and the County Engineer. An additional issue relates to providing predictability for land uses situated at intersection quadrants. To this end the "Tourist 'Business" and "Business" map amendments, as well as definition of uses will provide county authorized guidelines concerning appropriate uses at the intersection. A final issue relates to responding to concerns expressed by area residents during the informal citizen discussion meeting of August. The initial "Tourist Business" area was proposed to be approximately 125 acres in size. However, in response to verbal and written requests by property owners, approximately fifteen acres have been excluded from the rezone proposal. The affected area forms a portion of the southeast quadrant of the intersection and the portion of the southeast quadrant adjacent to Valley View Road and south of I -5. The resultant area proposed for the "Tourist Business" zone is approximately 110 acres in size. -6- Another citizen concern related to the potential affect on Percie Road Water Association by Birch Bay Water District #8. In response, policy amendments to the "Business" land use designation are proposed which establish the Water District as primary utility service purveyor in the rezone area only. A further citizen concern relates to dissatisfaction with resort commercial land uses which might locate at the intersection. The "Tourist Business" zone as proposed and uses contained therein do not include resort commercial activities. A final citizen concern involves a method to assure that intensive land uses will not spread into the surrounding "Rural" and "General Protection" area. The proposed amendment to the "Rural" policy is intended to conserve the rural land use character existing in the surrounding area, minimize speculative pressures on values of surrounding properties, and direct intensive uses to the immediate area of the intersection. Thus, citizen input was carefully considered and several policy and map amendments have occurred in response thereto. SUMMARY OF FINDINGS: 1. Pursuant to RCW 36.70, the public hearing has been legally advertised and meets all requirements concerning time, place and purpose of the hearing. Although not required by law, public hearing notice has also been sent to residents of the I -5 /Birch Bay - Lynden Road intersection. 2. The SEPA Official has reviewed the environmental checklist and issued a Proposed Declaration of Non - Significance on September 12, 1984. 3. The approximate 110 acre area of the proposed "Tourist Business" district and "Business" plan designation contains 58 acres which are vacant and 54 acres which are in forest cover. Twenty of the 58 acres which are vacant are associated with the Exit 270 project. 4. There is an apparent need for intensive land uses at the I -5 /Birch Bay - Lynden Road intersection as evidenced by the Exit 270 project. 5. Provision of public sewer and water to the proposed "Tourist Business" area appears to be feasible. 6. Provision of drainage through coordination between potential project proponents, the County Engineer and Drainage Improvement District #7 appears to be feasible. 7. County roads within the proposed "Tourist Business" area have sufficient right -of -way widths to accommodate upgrading in response to development at the intersection. -7- 8. The configuration and area of the proposed "Tourist Business" district is conducive to comprehensive site planning, will minimize strip development and can accommodate efficient on -site circulation networks. 9. With the impending extension of public sewer and water services, it is evident that the existing "Rural" plan policy and "General Protection" zone will not provide sufficient guidelines for efficient use of intersection land. Application of the proposed "Tourist Business" district and "Business" plan designation will provide county authorized guidelines concerning appropriate uses and development prerequisites. Application of the zone and designation will also provide predictability to intersection property owners and surrounding area residents relative to anticipated uses. 10. The boundaries of the proposed "Tourist Business" district and "Business" plan designation are easily identifiable through visual examination and survey. The area included within district boundaries is sufficient to address anticipated demands for tourist commercial uses, is well as reduce artificial inflation of land values both within and outside of the proposed district. 11. A citizen meeting was held in which citizens raised several issues concerning land uses, district boundaries, affect on the surrounding area and the affect on Percie Road Water Association. Citizen concerns have been addressed through policy formulation and modification of district boundaries. RECOMMENDATION: Notwithstanding public testimony, the Whatcom County Planning Department recommends adoption by Plannin Commission -of the "Tourist Business" map amendment,. the 'Business" plan map amendment and text amendments to the "Tourist Business" zone, the "Business" plan policy and the "Rural" plan policy; consistent with the findings contained herein and further that the Planning Commission recommend adoption of the proposal by Whatcom County Council. °oNriN 1• _ ' yse�.2 / ezna 1. .a G CMT 5 -84 "R RA L " TO "BUS IINESS DIT 5 -84 "GOERAL PROTEC "T0`UR BUSINESS I , .fy .rt• � en •°N � n.va \ �1!r(rf I �jq G�(. • A J -SE, 'y ' wO1 erwfE 4 yaKl°ea ■ arojclEcmws ll J,y r(lr \ S-1 ] - y5�r I it t I s • �- � � ,• PROP SED MAP AMEN `1 NT AREA 20 1 N a i • �� as � ' I r1 Lr e.ewn �l waa.w \ JGra of v. . n v ss , . 3. \ •au sa a � c�•� ..rwwu' .waf � Jvno[ wadra'f• � � e< i � �° aul• I w. r c I � M.CMNM a I Iarfwyfn woJ..• ` • -� a I- I ! •.fo—rm• f - �uuue l I E Nw.lfl JS- I y yoLLVfw• J lcw +e -a lo., j- A. MYALUX a: r. •S:�.ry / CTQN �S S IS 1 .r( Lrul°.[w • w[y[ wOR , t IJ rowrew • . y — - NORTH SCALE T 1 I N H EQU*S 1000 FEET, APPROX I MAT S E BER 19'4 r A 9 •Oar aJ[o.. f<a -w _ i rr r J,npEq]off� � uwwf - . _ u I \ `z n tw[r • f /l J a��w lEH .ra •.. rnw �l.r a.e-. rr rtt jI I Tee. rrran I , �• I. ar ar rfl.M.. rfI • rf Jf rf. J.w•f• I I I � ) •er I : ZMT.5 -, "General Protection" to "Tourist BusinE-i" CINT 5 -84 "Rural" to "Business" 1 -5/ BIRCH BAY - LYNDEN ROAD STUDY AREA figure 2 2000 500 0 1000 3000 Whatcom Co. Planning Dept. Sentember 1984 1 21 o A 0 22 o 23 .� 1 W a \• \1 BIRCH A ILYNDEN R / i on Imo, ) 3 1 f: ...... 27 w 9 } 26 r... 28 m CREASY ROAD ire J � Comprehensive Plan Map Amendment Area Zone Man Amendment Area figure 2 2000 500 0 1000 3000 Whatcom Co. Planning Dept. Sentember 1984 10 itember 1984 File Ref: CMT 5 -84 ZMT 5 -84 Recommended "Business" Policy Amendment to the 1970 Comnrehen- sive Land Use Plan 4. In addition to the above policies, the following shall be applicable to the area situated at the intersection of Birch Bay - Lynden Road and Interstate -5. a. The immediate area of the intersection is herein recognized as suitable for commercial uses oriented to the motoring public and shall be designated Business on the Comprehensive Plan Land Use Map. To implement the Business designation, the Tourist Business zone shall be applied. b. Birch Bay Water District #8 is recognized as the primary service purveyor for public sewer and water utilities which will be required for inten- sive uses which will be situated in the Business planned area. In addition, it is intended that, the Percie Road Water Association shall not be affected or absorbed by Birch Bay Water District #8 during or subsequent to development of the Busi- ness planned area. C. On -site drainage will be required; shall be devel- oped on a case -by -case basis in cooperation with the County Engineer and Drainage Improvement Dis- trict #7, when possible; shall be designed, imple- mented and maintained to the satisfaction of the County Engineer; and drainage improvements shall be funded by the property developer. In addition, drainage improvements shall not negatively impact ditches or creeks which will receive drainage from the Business planned area. d. Access to county roads is to be limited in order to maintain roadway functional capacity; internal, circulation within the Business planned area shall be commensurate with intensity of developement, and internal roadway design and county road access points shall be designed in a minimally impact sur- rounding non - commercial land uses. e. Necessary transportation improvements to county roads will be accommodated by mandating "no pro- test agreements" for developers with the purpose of participating in comprehensive transportation improvement programs which will address cumulative impacts of Business area development to assure that county road levels of service will be no less than at present. n f. The Business planned area shall be effectively screened with a twenty -five (25) foot vegetative buffer to promote visual compatibility with the surrounding Rural planned area. When possible, existing trees should be used. Recommended "Rural" Policy Amendment to the 1970 Comprehen- sive Land Use Plan 3. With the intent of conserving rural area character and land use patterns, it is the policy of Whatcom County to acknowledge the Business planned area at the Exit 270 intersection as the preferable location for uses of a tourist business nature. This policy is to be applicable to the area situated within a two and one - half (22) mile radius of the Exit 270 intersection, as measured from the point of convergence of the centers of the Interstate -5 and Birch Bay - Lynden Road rights -of -way. SECTION 330 2.24.330 TOURIST BUSINESS (TB) DISTRICT .010 PURPOSE The purpose of the Tourist Business District is to supply sufficient areas arranged in a concentrated form that would allow land use activities which serve the traveling public. The District should be located near major transportation corridors in such a fashion as. to provide safe and convenient access that would not impact adjacent non - commercial activities. Further, the District should be in areas where adequate public services such as roads, sewer, water and drainage are available. The District should provide for uses which normally serve the traveling public and encourage a type of development which occurs in a well designed pattern considering aesthetics and safety. .050 PERMITTED USES The following permitted and accessory uses 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 Restaurants. .052 Retail shops no greater than 2,500 square feet in size. .053 Tourist information centers. .054 Barber and beauty shops. .055 Post offices. .056 Professional offices no greater than 2,500 square feet in size per structure. .057 Service stations. .058 Laundromats. .059 Banks and /or bank machines. .100 ACCESSORY USES .101 All accessory uses normally incidental to the primary permitted use. .150 CONDITIONAL USES Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of this Chapter, Chapter 2.24.600 (Supplemental $.equirements) and Chapter 2.24.660 (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. Hotel and motels. .152 Automobile repair garages. .153 Dry cleaners. .154 Recreational vehicle parks. .200 PROHIBITED USES All other uses. .250 MINIMUM LOT SIZE LJ SECTION 330 .251 Hotels and motels shall have a minimum net parcel size of 20,000 square f eet. .252 Recreational vehicle parks shall have a minimum net parcel size of 2 acres. .253 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. .300 MAXIMUM DENSITY .301 Hotels and motels shall not exceed a floor area ratio (FAR) of .60. .302 Recreational vehicle parks shall not exceed a density of 15 units per acre. .303 All other uses shall not exceed a floor area ratio (FAR) of .70. .305 BUILDING SETBACKS .351 Front setbacks: No building shall be closer than forty -five (45) feet from the edge of the right -of -way; except service islands of service stations which shall have at least twenty -five (25) feet between the edge of the right -of -way and the center line of the driveway accessing the closest service island. .352 Side and rear yard setbacks: No building shall be closer than five (5) feet from the side and rear yard property lines; except recreational vehicle parks which shall have ten (10) foot side and rear yard setbacks. Side and rear yard setbacks shall be increased to twenty -five (25) feet for those parcels situated adjacent to a residential or rural plan designated area. .400 HEIGHT LIMITATIONS Maximum building height shall not exceed forty (40) feet. .450 LOT COVERAGE Maximum building or structural coverage shall not exceed fifty percent (50 %) of the lot size. .500 OPEN SPACE SECTION 300 .501. Recreational vehicle parks shall keep thirty -five percent (35 %) of the site free of buildings, structures, hard surfacing, parking areas, and other impervious surfaces. .502 All other uses shall keep ten percent (10 %) of the site free of buildings, structures, hard surfacing, parking areas and impervious surfaces. .550 BUFFER AREA When a parcel situated within this District adjoins a rural or residential plan designated area, side and rear yard setbacks shall be increased to twenty -five (25) feet. Said area shall be landscaped consistent with the requirements of WCC 2.24.330.652. .600 SIGN REGULATIONS .601 Signs shall be located on the premises with the use they are identifying. .602 Single faced signs placed on walls or eaves of business establishments shall not exceed eight percent (8 %) of the facade area where the sign will be located plus eight (8) square feet. No more than one wall sign shall be permitted per facade. The facade area includes any one side of a building composed of walls, windows and doors. .603 Elevated signs shall not exceed two hundred fifty (250) square feet in area on any one (1) face, nor exceed three(3) Four (4) faces per sign and shall be located no closer than two hundred (200) feet apart regardless of ownership or number of businesses. .604 Signs shall not exceed the height regulations found within Section 2.24.330.400. .605 Billboards are prohibited. .606 Lighted signs shall only be internally or indirectly illuminated. .650 DEVELOPMENT STANDARDS .651 Facility Design: Individual developments within a Tourist Business zone district shall be designed 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 2.24.600.651 of the Interim Zoning Ordinance, shall be submitted to the Zoning Administrator for approval. The plan shall conform as follows: .653 .654 .655 SECTION 330 (1) For uses which abut or are within a business district or abut a use which is not of a substantially different character, then the following specifications shall apply: (a) Fifteen (15) feet within the front yard setback and situated adjacent to the road shall be used only for landscaping, driveways, walkways and signs. The remainder of the front yard setback may be used for parking. (b) For recreational vehicle parks, screening shall be provided on the perimeter of all side and rear yards. 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; and it shall be supplemented by a planting strip of vegetation and shall not obstruct necessary vision of pedestrian and vehicular traffic. (2) For uses which abut non - business, non - commercial or non - industrial districts or abut a use of a substantially different character, then the following specifications shall apply: (a) Screening shall be provided for buildings, storage areas and parking areas which abut non - business, non - commercial or non- industrial districts, or where said areas abut a use of substantially different character. 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; and it shall be supplemented by a planting strip of vegetation and shall not obstruct necessary vision of pedestrian and vehicular traffic. (b) For recreational vehicle parks, a visual buffer twenty (20) feet in width located along the perimeter or any ,yard abutting a non - business, non - commercial or non - industrial district, or a use of substantially different character. The buffer shall consist of existing vegetation supplemented, where needed, with new plantings of trees, shrubs and ground covers sufficient to obscure views through the buffer. (3) Fences and walls shall be kept in good repair, and dead or dying vegetation shall be replaced immediately. Off - street parking and loading: Off - street parking and loading shall be administered pursuant to Section 2.24.620 of the Interim Zoning Ordinance. Drainage: Drainage plans shall be reviewed and approved by the County Engineer, pursuant to Section 2.24.600.653 of the Interim Zoning Ordinance. Driveways: Consistent with Section 2.24.600.654 of the Interim Zoning Ordinance, driveway plans shall be reviewed by the County Engineer or State Department of Highways. u .656 Access: U SECTION 330 Access shall conform to the provisions of Section 2.24.600.656 of the Interim Zoning Ordinance. .657 Lighting: Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses. .658 Binding Site Plan: Should the business or commercial use be developed as part of a binding site plan, it shall be administered pursuant to Title 19 of the Whatcom County Code (Subdivision Regulations) and additional requirements as applicable. .700 PERFORMANCE STANDARDS The following provisions shall apply to all uses within the 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 vibrations perceptible from any property line of the premises upon which such heat, glare, or vibration is being generated.