HomeMy WebLinkAboutord2001-062WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -370
CLEARANCES
Intent
Date
Date Received in Council Office
A enda Date
Assi nedta:
Originator. Amy Pederson
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n (C' ill 2 II V
�, LC \Vt
NOV 0 6 2001
WHATCOM COUNTY
COUNCIL
11/13/01
Introduction
Division Head: Sylvia Goodwin
Y ! /dl
X
1/27/01
P & D / Council
Dept Head: Xal X Hart
lD
Prosecutor: Karen Fmkes
Purchusing/Kadgen:
l' fdi
Executive: Pete becomes
-f-e
SUBJECT. Ordinance adopting changes to the official Whatcom County Zoning Ordinance, sections 20.71.400 — Building
setbacklbuffer areas and 20.80.210— Minimum setbacks (table) to address building setbacks in the Water Resource Protection Overlay
District.
ATTACHMENTS:
(l) Proposed Ordinance
(2) Agency Report
(3) SuffReport
4 Planning Commission Minutes To be orwarded when completed.)
SEPA review required? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes (X ) NO
Requested Date:
like Council must hold a hearing ifthey want to change the Planning
Commission's recommendation (WCC 20.10.110).
SUMMARY STATEMENT: The request is to amend the official Whatcom
County Zoning Ordinance, section 20.71.400 to remove reference to UR -MX zone
setbacks and to incorporate the building setback/buffer area requirements of
20.71.400 into Chapter 20.80, section 20 .80.210 — Minimum set backs ( table).
Distribution Request
lahcam those who should reclve a copy after Counrll action.
list specific name„ to the right
ADS Facilities Management
ADSFinance
ADS Human Resources
ADSInfo Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUN^rr A ^Tr ^^lTARFV.
2001 -370 11/13/2001: Introduced
11/2712001: Adopted 5 -0, Imhof, Brenner absent, Ord. #2001-
062
Relaten ___ - -„ __.... __. ...
juvenile
Parks
Planning
Hal H. Hart
prosecutor
Public Works
Sheri
Superior Court
Treasurer
other
Related File Numbers: File #ZON2001 -00006
Ordinance or Resolutio Number 'f -
(this item): D 0 D(
SPONSORED BY: Planning
PROPOSED BY: PDS
INTRODUCTION DATE: 11/13/01
ORDINANCE NO. 2001 -062
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, SECTIONS 20.71.400
- BUILDING SETBACKIBUFFER AREAS AND 20.80.210 - MINIMUM SETBACKS TO
ADDRESS BUILDING SETBACKS IN THE WATER RESOURCE PROTECTION OVERLAY
DISTRICT.
WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for
consideration once per year; and
WHEREAS, the SEPA Administrator for Whatcom County issued a Determination of Non-
significance on August 29, 2001; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on Thursday, August 30, 2001; and
WHEREAS, the Planning Commission held a public hearing on the proposed amendments
on September 13, 2001, and considered all testimony; and
WHEREAS, the Planning Commission recommended approval of the proposed text
amendments on Thursday, September 13, 2001; and
WHEREAS, the Council held a work session on 11/27 , 2001 to consider this
matter; and
WHEREAS, the Council found the amendment in the best interest of the public health,
safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDING
1. On December 7, 1999, County Council adopted the Water Resource Protection Overlay
District by Ord. 99 -086.
CONCLUSIONS
1. The proposed text amendments, as presented in Exhibit A, are consistent with the goals
and policies of the Whatcom County Comprehensive Plan and the County -Wide Planning
Policies.
\\PDS- 1NOLMSERS\PDS \SHARED\2 Planning Division\Zoning Amendments\Zoning 2001\ZON2001 -00006 Setback ORD.doc
Page 1
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1.
The Official Whatcom County
Zoning
Code is hereby amended as shown in Exhibit
A.
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 27 day of November , 2001.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Q � W
ana Brown - Davis, L: Ward Nelson, Cbunc&Chair
Clerk of the Council
APP VED as to farm �) Approved ( Denied
Karen Frakes, Civil Deputy Prosecutor ete Kremen, Executive
\\PDS- 1 \V0L1 \USERS\PDS \SHARED\2 Planning Division¢oning Amendments2oning 2001\ ON2001 -00006 Setback ORD.doc
Page 2
EXHIBIT A
Planning Commission Recommended Water Resource Protection Overlay District
(WRPO) — Building Setback Amendments:
1. 20.71.400 Building setback/buffer areas.
.401 Setbacks for all properties within the overlay district shall be as follows: Class I and Class lI
roads shall have a setback of 30 feet; and Class III, IV and V roads shall have a setback of 20 feet €er -ell
zones °° -°—"`° U Tf4 zone et; provided, that the road right -of -way
meets the minimum standard for road rights -of -way pursuant to the Whatcom County Development
Standards.
2. 20.80.210 Minimum setbacks.
Road
Type
Zone
UR
I
I- 5,State
Hwys,
Principal &
Minor
Arterials
45'
II
Collector
Arterials or
Major
Collectors
35'
III
Minor
Collectors
25'
N
General
or Local
Access
Streets
25'
V_
**
Minor
Access
Streets
20'
Side
Yards
5'*
Rear
Yards
5'*
Additional
Provisions
Maybe
Applicable
Yes+
UR -MX♦
45'
35'
25'
10'
10'
5'* ♦
5'*
Yes+
URM
45'
35'
25'
25'
20'
5'*
5'*
Yes+
RR
45'
35'
25'
25'
20'
5'* ♦
5'*
Yes +
RR -1
25'
25'
20'
5' *
5'*
Yes+
R
45'
45'
35'
25'
20'
5'*
5'*
Yes +
AG
50'
50'
50'
50'
50'
20'
20'
Yes +
RF
45'
35'
25'
25'
20'
20'
20'
Yes+
CF
45'
35'
25'
25'
20'
100'
100'
Yes+
ROS
100'
100'
50'
50'
50'
50'
50'
Yes +
STC
30' ++
30'
25'
25'
20'
0'
10'
Yes +
NC
25'
25'
25'
25'
20'
0'
10'
Yes+
GC
30' ++
30'
25'
25'
20'
0'
1 10'
Yes +
TC
30' ++
30'
25'
25'
20'
0'
5'*
Yes+
RC
30'
30'
25'
25'
20'
5'*
5'*
Yes +#
LII
30'
30'
30'
30'
20'
10'
10'
Yes +o
GM
30'
30'
30'
30'
20'
10'
10'
Yes +o
HII
100'
100'
100'
100'
30'
30'
30'
Yes + o
GI
25'
25'
25'
25'
25'
10'
10'
Yes +#
AO
30'
30'
30'
30'
20'
10'
10'
Yes +o
WRPO
30'
30'
20'
20'
20'
00
oo•
Yes +#
* Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no
case will they extend more than one half the depth of the front yard setback.
For parcels in the Water Resource Protection Overlay (WRPO), roof overhangs or other overhanging
architectural features shall not moiect further than 18 inches into the side or rear Yard setbacks. Such
overhangs may extend three feet into the front vard setback: however. in no case shall thev extend
more than one -half the depth of the front yard setback.
+ Refer to the additional provisions of WCC 20.80.250 and 20.80.700 and buffer requirements for
EXHIBIT A
individual zones or overlay districts as appropriate.
o Or as modified pursuant to WCC 20.80.254(l)(d), (2)(d), ffi(ej and (4)(b).
** Minor access streets are those that are dead ends 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 I -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.
on Refer to the underlying zoning for side and rear yard setback requirements.
For new development within urban growth areas, front yard setbacks may be reduced consistent with
minimum front yard setback requirements as set forth in the adjacent city's regulations.