HomeMy WebLinkAboutord2001-024WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -321
CIEARdNCF6
labial
Dare
Dare Received in Council it ice
Agenda Dare
Assinedm:
originator: Sylvia Goodwin
Requested Dale:
The Council must hold a hearing ifthey want to change the Planning
9 -12 -00
Introduction
d4on Head: Sylvia Goodwin
requested that a specific definition for "Duplex" be added to the Official
10C/00
Planning and Development
Division has requested a review of the term "Multifamily dwelling" in relation to
ADS partible, sg maem
`- -
the Urban Fringe Subarea Plan and a coordination of that definition with the
ADS Finance
Dept Hmd: J.E. Ryaa, Interim
City ofBelliagham. Staff review of the term "multifamily" has revealed a need to
ADS Human Resources
define the term "Single family attached dwelling" as well as several
inconsistencies in the text of the zoning code, which require revision for clarity
and internal consistency with existing and proposed definitions.
ADSInfo Services
Assessor
Auditor
Staff recommends adoption of Die attached ordinance per Planning Commission
recommendation.
SEP 05 2000
i
-
Prosecutor : Karen Finger
Health
Nearing Examiner
Purchasing /Budge+:
Jail
COUNCIL ACTION TAKEN:
)avenue
g
9/
WHATCCM COUNT `!
2000 -321 91ID2000: Introduced
5/12001: Re- Introduced
Adopted 7 -0, Ord. 82001 -024
Planning
J.E. Sam "R an
Prosecutor
Erecurtve: Pere Kremen
Public Works
/
,S
!u
sheriff
SUBJECT: Ordinance adopting changes to the Official Whatcom County Zoning Ordinance, Title 20, to add a definition for °duplex"
and °single family attached dwelling" and clarify text regarding "duplex's and "multi family dwed(ngs".
ATTACHMENTS:
(I) Proposed Ordinance
(2) Agency Report with Attached Zoning Text Changes
(3) Staff Report ,,
(4) Planning Commission Minutes
SEPA review regatred? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Dale:
The Council must hold a hearing ifthey want to change the Planning
Commission's recommendation (WCC 21110. 110 and WCC 20.90.090.
SUMMARY STATEMENT: The Whalcom County Land Use Services Division
Distribution Request
requested that a specific definition for "Duplex" be added to the Official
h ricem County Zoning Ordinance in order to provide clarity and consistency
.a administering the zoning ordinance. In addition, the Land Use Services
Indicate those who should receive a copy Per Council action.
List specific names w the sight.
Division has requested a review of the term "Multifamily dwelling" in relation to
ADS partible, sg maem
the Urban Fringe Subarea Plan and a coordination of that definition with the
ADS Finance
City ofBelliagham. Staff review of the term "multifamily" has revealed a need to
ADS Human Resources
define the term "Single family attached dwelling" as well as several
inconsistencies in the text of the zoning code, which require revision for clarity
and internal consistency with existing and proposed definitions.
ADSInfo Services
Assessor
Auditor
Staff recommends adoption of Die attached ordinance per Planning Commission
recommendation.
Coopemuoe Emension
Oho Court irl
Executive
Health
Nearing Examiner
Michael Bobbink
Jail
COUNCIL ACTION TAKEN:
)avenue
curia
2000 -321 91ID2000: Introduced
5/12001: Re- Introduced
Adopted 7 -0, Ord. 82001 -024
Planning
J.E. Sam "R an
Prosecutor
Public Works
sheriff
'
Superior Conn
-
Treasurer
Relm
thher
Ordinance or ResalufNumber
(this item): . O'L
Related File Numbers: File #ZON99- 000011
SPONSORED BY: ITS
PROPOSED BY: PDS
INTRODUCTION DATE: 9/12/2000
RE- INTRODUCED: 5 /FTT T--
ORDINANCE NO. 2001 -024
AMENDING THE OFFICIAL WHATCOM COUNTY CODE, TITLE 20, TO ADD A SPECIFIC
DEFINITION FOR "DUPLEX" AND "SINGLE FAMILY ATTACHED DWELLING ", REVISE THE
DEFINITION OF "MULTI- FAMILY DWELLING" AND CLARIFY THE USE OF THESE TERMS.
WHEREAS, the Whatcom County Land Use Services Division has requested a specific
definition for the term "duplex ", and a review of the term "multi- family dwelling' in relation to the
Urban Fringe Subarea Plan, and
WHEREAS, the Planning Division staff have noted that sections of the zoning code are
inconsistent in relation to formally defined terms, and
WHEREAS, the Land Use Services Division has reviewed and commented on the proposed
amendments and general revisions to the zoning code text, and
WHEREAS, the City of Bellingham has reviewed and commented on the proposed
amendments, general revisions to the zoning text as they relate to the Urban Fringe Subarea Plan,
WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non -
significance on December 28, 1999; and
WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on December 30, 1999, and
WHEREAS, The Planning Commission held a public hearing on the proposed amendment
on January 13, 2000 and considered all testimony; and
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact, Reasons for Action and Recommendations for the amendment, and
WHEREAS, the Council found the amendments in the best interest of the public health,
safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
1. Legal notice for a public hearing was published in the Bellingham Herald on December 30,
1999.
2. A determination of non - significance was issued under the State Environmental Policy Act
(SEPA) on December 28, 1999.
3. A public hearing was held on the proposed amendment on January 13, 2000.
1:2 Manning DivisionVRezoneViezones 19MZON99-00011 -0RD
Page 1
4. The proposed amendment is consistent with the GMA, Whatcom County Comprehensive
Plan, County-wide Planning Policies and interlocal planning agreements.
5. The proposed amendment is in the best interest of the public health, safety, and welfare.
CONCLUSIONS
1. The proposed text complies with the Growth Management Act, Whatcom County's
Comprehensive Plan, County-wide Planning Policies and interlocal planning agreements.
2. The proposed amendments are in the best interest of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown
in Exhibit 1.
Section 2. 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.
ADOPTED this i5 day of
ATTEST:
Dana Brown - Davis,
Clerk of the Council
2001
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
APPR
VED as to form
QQ AppPRved
L.
Ward
Ve son, Council.CHair
osecu or
APPR
VED as to form
QQ AppPRved
Civil
Frakes, Ci
osecu or
r
Pete
Kremen, E e
Dater //
1:2 Planning Division\Rezone \Rezones 1999\ZON99 -00011 -ORD
Page 2
Exhibit One
PLANNING COMMISSION FINAL RECOMMENDATION
ZON99 -00011 Multi- family Definitions
1.) Adopt a definition for "Duplex, "as listed below.
2.) Revise WCC 20.97.264 - Multifamily dwelling, as listed below.
WCC 20.97.264 Multifamily dwelling. "Multifamily dwelling" means a single building seataining
3.) Adopt the following definition for "Single Family Attached Dwelling," as listed below.
4.) Revise Chapter 20.22 Urban Residential - Medium Density (URM) District, as listed
below.
20.22.501 Multifamily housing dwellings.
Multifamily heusing dwellings shall maintain a minimum of 20 percent of the site free of buildings,
structures, hard surfacing, parking areas and other impervious surfaces.
5. and 6.) Revise Chapter 20.22 Urban Residential - Medium Density (URM) District, as
listed below.
20.22.651 Facility design.
(1) All Developments: Each development shall screen roof mechanical equipment so as not to
be visible by surrounding uses or roads.
(2) Conditional Uses: All conditional uses provided by WCC 20.22.150 shall be designed
consistent with the scale of a project, to:
(a) Consider solar access and wind exposure;
(b) Provide coordinated landscape and architectural designs;
(c) Provide integrated circulation for pedestrians, vehicles and bicycles;
I: 2 Planning DivisionU ezo�\Rezones 19991ZON9"0011 -ORD
Page 3
(d) Provide integrated circulation that complements the architectural design of the project,
considers adjoining land use activities and meets adopted county standards;
(e) Provide integrated street and land use with appropriate sized roadways to meet
anticipated traffic demands;
(f) Minimize ingress and egress points to arterials;
(g) Utilize valuable or unique natural features as part of the site design; and
(h) Accommodate physical constraints of a site.
(3) Duplexes and Mmultifamily °^^'..aa,aaaa^^"^' dwellings: All duplexes and multifamily residenfiat
dwelling uses allowed by ` GG '^ 22 052 "" shall be designed consistent with the scale of the
project, to:
(a) Encourage views from individual units towards parks, open space and other natural
features;
(b) Discourage views from individual units towards other dwelling units;
(c) Implement Comprehensive Plan policies addressing view blockage;
(d) Provide, regardless of the project's scale, adequate fire protection and acoustical privacy
between dwellings to meet fire code requirements and "Sound Transmission Code" (STC) ratings
found in Chapter 10 of "A Guide to Airborne, Impact, and Structure Borne Noise Control in Multi -
Family Dwellings" by the U.S. Department of Housing and Urban Development; and
(e) Consider off - street parking areas for boat and /or recreational vehicles in an amount
sufficient to serve the anticipated needs of a development.
(4) Nonresidential Development: All nonresidential development as provided by WCC 20.22.150
shall be designed, consistent with the scale of the project, to:
(a) Orient open space areas of the development towards existing and proposed residential
areas;
(b) Encourage shared access and parking;
(c) Orient land use activities requiring traffic flows or vehicular types heavier than for
residential areas towards arterials or collectors and away from residential areas; and
(d) Orient activity areas of a project involving lighting, noise or traffic away from residential
areas.
(5) Mixed Use Development: All projects containing bath duplexes and multifamily FPgid.aa,aa,a.a^
dwellings and nonresidential developments as allowed by this chapter shall be designed, consistent
with the scale of the project, to:
(a) Orient nonresidential high traffic generators toward arterials and collectors;
(b) Orient residential areas away from arterials and collectors unless the size of the
residential area requires servicing by such a facility;
(c) Permit commercial activities with similar architectural scale and design, and
characteristics compatible with residential areas to be developed within residential areas. Such
characteristics include amount and type of traffic, hours of operation, noise, lighting, odor and dust;
(d) Provide an integrated sign design which would not visually intrude into residential areas
due to size height and illumination; and
(e) Provide pedestrian and bicycle pathways that link the residential and nonresidential
development together.
7. and 8.) Revise Chapter 20.24 Urban Residential Mixed (UR -M)Q District, as listed below.
20.24.130 Administrative approval uses.
.132 The following uses where the locational criteria (WCC 20.24.132(2)) and site criteria (WCC
20.24.132(3)) are met; the floor area per nonresidential use does not exceed 2,500 square feet;
and the developer has conducted at least one neighborhood meeting prior to application for the
purpose of hearing neighborhood concerns and suggestions regarding the proposal. Where being
I: 2 Planning DiWsion \RezoneWezones l%g ON99- 00011 -0RD
Page 4
developed in an existing neighborhood characterized by residential development at densities of one
dwelling per acre or greater, the uses listed in WCC 20.24.132 shall be administered as conditional
uses rather than administrative approval uses; and are subject to the same criteria, requirements,
bonuses and restrictions as if they were administrative approval uses:
(1) Uses.
(a) Commercial uses with a neighborhood or specialty nature including but not limited lo:
barber and beauty shops, bakeries, drugstores, provided that food markets may have no more than
two gasoline pump islands, hardware stores, restaurants and coffee shops without drive -up service,
stationery stores, laundromats, video rental, bookstores, frame shops and other small convenience
retail, rental, or repair shops.
(b) Professional offices.
(c) Adult or child care centers.
(d) Residential units located on the upper floor(s) of buildings containing the uses listed
above. Such units will be counted toward minimum densities and maximum percentage of
multifamily units; but shall not be counted toward maximum densities.
(2) Locational Criteria. Uses must be clustered in a single centerwhich is no-larger than two
acres, excluding areas used for duplex and multifamily dwellings, and:
(a) Fronts on an arterial or collector street; or
(b) Is located adjacent to a public square or neighborhood park; and
(c) Is no closer than one -half mile from an existing or approved commercial center or other
commercial use or zone.
(d) Community centers shall not be developed in areas characterized by residential
development at less than one dwelling unit per acre except as part of a mixed residential
development'
(3) Site Criteria.
(a) Parking shall be located at the rear of the buildings with access from alleys or side
streets. On street parking may be counted toward the parking requirements in Chapter 20.80 WCC.
(b) Buildings are located adjacent to the right of way or sidewalk.
(c) Commercial development shall occur in nodes; linear strips will be discouraged.
(d) Centers should be visible and accessible to pedestrians from the streets and clearly
defined through lighting, landscape, landmarks, and /or open space.
(e) In the urban fringe subarea, specific wetland systems and sensitive environmental areas
shall be preserved and incorporated into the development site design plan consistent with
Bellingham city
ordinances.'
(f) Sidewalks are a minimum of eight feet wide.
(g) Street trees are located on the curb side of the sidewalk in accordance with city of
Bellingham street tree standards.
(h) Individual businesses or establishments must be joined by common walls unless the
applicant can demonstrate to the satisfaction of the administrator that unique site circumstances
dictate some other form.
(i) Storage areas shall be located entirely within the structure and outside trash receptacles
shall be
enclosed and screened from public view.
Q) All lighting shall be designed and installed to prevent the illumination of adjacent
properties during business hours; however, security lighting may be permitted during nonbusiness
hours if it is designed to prevent the illumination of adjacent properties.
(k) Not more than two identification signs, with a maximum of 32 square feet total area for
each storefront shall be permitted; provided that said sign(s) shall not project above any part of the
roof line. Signs may extend 24 inches from the wall or to the edge of a permanent canopy or awning
of the building to which it is attached. At least one of the signs for an individual business must be
I: 2 Manning pivision%RezoneViezones 1999RON9940011 -ORD
Page 5
readable to pedestrians on the adjacent sidewalk. Said sign(s) shall be harmonious and compatible
in appearance with the character of the surrounding area. Signs may only be illuminated by an
indirect external source'
(1) Use of shared parking areas is encouraged. The minimum parking requirement shall be 50
percent of the parking requirements in WCC 20.80.580, but shall in no case exceed two- thirds of
the requirements in WCC 20.80.580.
` Code reviser's note: Sketches will be available in a future supplement.
.133 Duplex and Mmultifamily dwellings subject to the following limitations and the developer has
conducted at least one neighborhood meeting prior to application for the purpose of hearing
neighborhood concerns and suggestions regarding the proposal. Where being developed in an
existing neighborhood characterized by residential development at densities of one dwelling per
acre or greater, the uses listed in WCC 20.24.133 shall be administered as conditional uses rather
than administrative approval uses; and are subject to the same criteria, requirements, bonuses and
restrictions as if they were administrative approval uses:
(1) Duplex and Mmultifamily dwellings may only be permitted on sites with a minimum area of two
acres.
(2) Duplex and Mmultifamily dwelling units do not comprise more than 25 percent of the total
dwelling units allowed for the entire site.
(3) Duplex and Mmultifamily dwelling units are constructed at the same time as, or after, at least
50 percent of the single - family units in an approved development.
9.) Revise Chapter 20.40 Agriculture (AG) District, as listed below.
20.40.150 Conditional uses.
.155 Multiple fam ly attaGhed Duplex and multifamily dwellings or clustered housing or camping
facilities to accommodate agricultural employees provided:
(1) In addition to any other setback requirements contained herein, such duplex and
multifamily dwelling facilities shall be located at least 150 feet from any existing dwelling not on the
same property and 50 feet from any property line; and
(2) Such facilities shall conform with applicable building and health regulations; and
(3) Such facilities shall be occupied only by agricultural employees and their immediate
families; and
(4) The number of housing units provided on a parcel does not exceed the number of farm
workers employed on that parcel during the growing and harvest season.
10. — 19.) Revise Chapter 20.64 Resort Commercial (RC) District, as listed below.
• 20.64.050 Permitted uses.
.051 One single - family unit dwelling per lot of record.
.060 Multiple - family Multifamily dwellings containing eight or less sleeping units.
1: 2 Manning D"sion \Rezone \Rezones 1999 010 9OW11 -OFD
Page 6
20.64.150 Conditional uses.
.152 Multifamily Fes'dG, ^ " "- dwellings including residential condominiums totalling more than eight
sleeping units.
20.64.250 Minimum lot size.
.251 Single- family dwellings and duplexes shall have a minimum net parcel size of 6,000 square
feet per family.
.252 Multifamily Reusing dwellings including all condominiums except time share condominiums
shall have a minimum net parcel size of 8,000 square feet and shall have a site of at least 2,000
square feet for each dwelling unit.
20.64.260- Mmcirnum density.
.261 Single- family dwellings and duplexes shall not exceed a density of seven units per acre.
.262 Multifamily pausing dwellings including all condominiums except time share condominiums
shall not exceed a density of 22 units per acre.
20.64.450 Lot coverage.
.451 Buildings or structures for single - family dwellings and duplexes uses shall not occupy more
than 35 percent of a parcel.
.452 Buildings or structures for multifamily Reusing dwellings including all condominiums except
time share condominiums shall not occupy more than 35 percent of a parcel.
20.64.500 Open space.
.501 For uses other than single - family dwellings or two family dwelli gs duplexes, a minimum
of 40 percent of the site shall be reserved as open space, unless otherwise provided in WCC
20.64.502.
1: 2 Planning Division \Rezone \Rezones 199920N9 0011 -ORD
Page 7
Add the following symbol and language to Table 20.80.210:
Table 20.80.210
Road
Type
1
1 -5, State
Hwys,
Principal
R Minor
Arterials
II
Collector
Arterials
or Major
Collectors
III
Minor
Collectors
IV
General
or Local
Access
Streets
V
Minor
Access
Streets
Side
Yards
Rear
Yards
Additional
Provisions
May be
Applicable
Zone
UR
45'
35'
25'
25'
20'
5' *,++
5'*
yes+
UR -MX +
45'
35'
25'
10'
10'
5' *,++
51*
yes+
URM
45'
35'
25'
25'
20'
51*
5'"
es+
RR
45'
35'
25'
25'
20'
5' *, ♦ +
5'"
yes+
RR -I
25'
25'
20'
5' *, ♦ +
5'"
yes+
R
45'
45'
35'
25'
20'
51*
51"
es+
AG
50'
50'
50'
50'
50'
20'
20'
es+
RF
45'
35'
25'
25'
20'
20'
20'
es+
CF
45'
35'
25'
25'
20'
100'
100'
es+
ROS
100'
100'
50'
50'
50'
50'
50'
es+
STC
30' ++
30'
25'
25'
20'
0'
10'
es+
NC
25'
25'
25'
25'
20'
0'
10'
es+
GC
30' ++
30'
25'
25'
20'
0'
10'
es+
TC
30' ++
30'
25'
25'
20'
0'
51"
es+
RC
30'
1 30'
25'
25'
20'
5'*
5'"
es+#
LII
30'
30'
30'
30'
20'
10'
10'
es +o
GM
30'
30'
30'
20'
10'
10'
es +o
HII
0'
100'
100'
30'
30'
30'
es+
GI
N25'gJ25'�
25'
25'
25 '
10'
10'
es +#
AO
30'
30'
30'
20'
10'
10'
es +o
* Roof overhangs or other architectural features shall not project further than 18 inches into the side
or rear yards. Such overhangs may extend six feet into the front yard; however, in no case will they
extend more than one half the depth of the front yard setback.
+ Refer to the additional provisions of WCC 20.80250, 20.80.260, 20.80.270, 20.80.280, 20.80.290
and 20.80.700 and buffer requirements for individual zones.
o Or as modified pursuant to WCC 20.80.286(2).
** Minor access streets are those that are deadends or that are constrained from ever developing
further.
# Refer to additional provisions of WCC 20.64.350 or 20.65.400.
++ When located adjacent to 1 -5 these setbacks may be reduced to 25¢ subject to the screening
requirements under 20.62.651(2).
♦ No specific setback requirements shall apply to a planned concept submitted for technical
committee review. This provision could be used, for example, to allow zero -lot -line development.
+ ♦ Zero lot line side yard setbacks may be approved by the zoning administrator for single family
attached dwelling units along the common property line where the dwellings share a common wall.
1:2 Nanning Division \Rezone \Rezones 19992ON99- 00011 -ORD
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