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Home My WebLink Aboutord2016-043WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2016 -272 CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass! ned to: Originator: Gary Davis /i9 �(6 911312016 P &D Committee/ n E C E� V 2 D �-=� �C Council Introduction Mark Head: Mark Personius �' —�� 10/11/16 Hearing Dept. Head: g Sam Rvan SEP U 6 2016 Prosecutor Royce Buckingham a - 3�- WHATCOM COUNTY PurchasinglBudget: COUNCIL Executive: Jack Louws TITLE OF DOC 1ft ENT: Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development ATTACHMENTS: 1. Staff Memorandum 2. Draft Ordinance, Zoning Code Amendment — Title 20 Zoning 3. Staff Report 4. Planning Commission Findings SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development. COMMITTEE ACTION: COUNCIL ACTION. 9/13/2016: Discussed and amended for introduction 9/13/2016: Substitute Intredueed 7 -0 10/11/7016: Adopted 7 -01 Ordinance 2016 -043 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: " PLN2016 -00007 Ord. 2016 -043 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. 8 -22 -2016 PROPOSED BY: INTRODUCTION DATE: 9/13/2016 ORDINANCE NO. 2016 -043 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, RELATING TO COMMERCIAL AND INDUSTRIAL LAND USES IN LIMITED AREAS OF MORE INTENSIVE RURAL DEVELOPMENT WHEREAS, Whatcom County Planning and Development Services has proposed amendments to Whatcom County Code Title 20 Zoning; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, and public comments on the Comprehensive Plan update; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning regarding commercial and industrial uses in designated limited areas of more intensive rural development (LAMIRDs). 2. A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on July 8, 2016. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 30, 2016. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on July 1, 2016. 5. The Planning Commission held a public hearing on the proposed amendments on July 14, 2016. 6. The Growth Management Act (GMA) allows for designation of LAMIRDs and establishes limits for development within LAMIRDs. 7. Within Type I LAMIRDs, GMA requires that, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in 1990. 8, In 2011 Whatcom County amended its Comprehensive Plan to add policies that comply with GMA's requirements for development and redevelopment within LAMIRDs. Page 1 of 2 9. In 2012 Whatcom County amended its development regulations to comply with GMA, while retaining original specific descriptions of commercial and industrial uses. 10. Whatcom County PDS has received inquiries about permitting uses that are similar in intensity to uses that are currently permitted, but do not fall within the current descriptions of those uses. 11. The proposed amendments address specific use descriptions as well as providing a mechanism for administratively permitting similar uses. 12. The administrative permitting process requires notice to surrounding property owners and compliance with Comprehensive Plan policies. CONCLUSIONS 1. The amendments to the zoning code are the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown on Exhibit A. ADOPTED this "th day of >>' r r� W C OU, N 'CO NCIL VV,:HAT�omtbU' 'NTY,. WASHINGTON Ar'TTTST Darr BroOWn avis, Coun 'cil Clerk APPROVED as to form: C_ Civil secutor October , 2016. Approved O Denied Jack Louw , Executive Date: Page 2 of 2 September 13, 2016 W. 4 ■ 1 k 9_3 Whatcorn County Cade Title 20 Zoning AMENDMENT Chapter 20.59 RURAL GENERAL COMMERCIAL (RGQ DISTRICT 20.59.050 Permitted uses. Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals). In a rural community designation, nonresidential uses listed below are permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80,100(1). In a rural business designation all uses are permitted. Residential type uses listed below are permitted in rural community and rural business designations. .051 Retail and office type uses (1) Mobile home and recreational vehicle sales. (2) Indoor commercial recreation facilities such as bowling alleys, skating rinks, indoor theaters and physical fitness centers. (3) Service establishment including but not limited to barber and beauty shops, laundries, dry cleaners, furniture repair, frozen food lockers, funeral parlors, animal hospitals, auction houses, financial institutions, fraternal organizations and professional offices. (4) Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail facilities. 1 September 13, 2016 (5) Printing and publishing establishments. (6) Mini -day care centers and day care centers. (7) Construction contractors' business offices, including outdoor storage of equipment. .052 Storage and warehousing type uses. (1) Rental storage establishments. .053 Restaurant type uses. (1) Eating and drinking establishments. .054 Automotive and equipment repair type uses. (1) Automobile, motorcycle, marine and farm implement sales, rental agencies, repair and service; provided, that all repair services are conducted within an enclosed building. (2) Automobile service stations, car washes and public garages. 20.59.150 Administrative approval uses. In a rural community designation, uses listed in WCC 20.59.150 may be administratively permitted pursuant to WCC 20.84.235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in WCC 20.59.150 may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.59.050 or 20.59.150 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district. .151 Storage /warehouse type uses. (1) Outdoor storage of durable and nondurable goods; provided neighboring uses are adequately screened. 2 September 13, 2016 .152 Manufacturing /fabrication type uses. (1) Fabrication, assembly, and /or manufacturing of mechanical equipment or of building components. Chapter 20.60 NEIGHBORHOOD COMMERCIAL (NC) DISTRICT 20.60.130 Administrative approval uses. .131 The zoning administrator may administratively permit pursuant to WCC 20.84.235 other uses similar in nature to the permitted uses listed in WCC 20.60.050 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district. Chapter 20.61 SMALL TOWN COMMERCIAL (STC) DISTRICT 20.61.150 Administrative approval uses. In a rural community designation, uses listed in WCC 20.61.150 may be administratively permitted pursuant to WCC 20.84.235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.1.00(1). In a rural business designation, all uses listed in WCC 20.61.150 may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.61.050 or 20.61.150 that the zoning administrator determines to be consistent with the purpose and intent of the 3 September 13, 2016 district, have similar effects on surrounding land uses, and can meet the performance standards for this district. Chapter 20.64 RESORT COMMERCIAL (RC) DISTRICT 20.64.130 Administrative approval uses. In a rural community designation, uses listed in WCC 20.64.130 may be administratively permitted pursuant to WCC 20.84.235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in WCC 20.64.130 may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.64.050 or 20.64.130 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district. Chapter 20.67 GENERAL MANUFACTURING (GM) DISTRICT 20.67.130 Administrative approval uses. .131 The zoning administrator may administratively permit pursuant to WCC 20.84.235 other uses similar in nature to the permitted uses listed in WCC 20.67.050 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district. 4 September 13, 2016 Chapter 20.69 RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT 20.69.130 Administrative approval uses. In a rural community designation, uses listed in WCC 20.69.130 may be administratively permitted pursuant to WCC 20.84.235 if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1). In a rural business designation, all uses listed in WCC 20.69.130 may be administratively permitted. The zoning administrator may administratively permit other uses similar in nature to the permitted uses listed in WCC 20.69.050 or 20.69.130 that the zoning administrator determines to be consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district. 9