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Home My WebLink Aboutord2017-001WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-Q38 CLEARANCES Initial Date Date Received in Council O ace A enda Date 4.ccionnd to.- Originator-1/10/2017 Gary Davis C5'��" Z 9 (� � I� B p n D ll�� i111 v EC' Introduction Division Head: Mark Personius b4t7K / 1/24/2017 P &D Committee JAN 0 3 2016 Dept. Head: J r 1/24/2017 Hearing Sam Ryan r� I WHATLOM 101YTY Prosecutor: Royce Buckingham F � (6 COUNCIL Purchasing /Budget. Executive: Jack Lows TITLE OF DOC ENT. Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial dog kennels in the Agriculture zone. ATTACHMENTS: 1. Staff Memorandum 2. Draft Ordinance 3. Staff Report 4. Planning Commission Minutes 5. Application SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x) Yes () 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 y 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.) Discussion of proposed amendments to WCC Title 20 zoning relating to commercial dog kennels in the Agriculture zone. COMMITTEE ACTION.• COUNCIL ACTION.• 1/24/2017: Discussed 1/10/2017: Introduced 6 -0, Sidhu absent 1/24/2017: Adopted 7 -0, Ord. 2017 -001 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2016 -00002 AB2016 -338 Ord. 2017 -001 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. 1 -12 -2017 PROPOSED BY: Planning INTRODUCTION DATE: 1/10/2017 ORDINANCE NO. 2017 -001 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, PERMITTING KENNELS IN THE AGRICULTURE ZONE AS A CONDITIONAL USE WHEREAS, the applicants have 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, legal notice requirements have been met; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The applicant has submitted an application for amendments to WCC Title 20 Zoning to list commercial kennels as a conditional use in the Agriculture zoning district. 2. A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 26, 2016. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on August 2, 2016. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on August 26, 2016. 5. The Planning Commission held a public hearing on the proposed amendments on September 8, 2016. 6. Comprehensive Plan Policy 8A -1 supports conserving productive agricultural lands and agricultural resource lands, including areas with prime soils that are not now zoned agriculture, or where the area is composed of agricultural operations that have historically been and 1 continue to be economically viable. 7. Comprehensive Plan Policy 8A -5 discourages conversion of productive agricultural land to incompatible non - agricultural uses. 8. Comprehensive Plan Policy 7K -1 supports small and cottage businesses in rural areas that minimally impact productive agricultural, forest, or mineral resource land. 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 24th day Of January , 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST. AT .. rl� . Dana: Brown"- Dgyk*j �vuncil_ lerk APPROVED as to form: e Civil Deputy Prosecutor K Buchanan, Chairperson (Approved ( ) Denied Date: /'/2�/// 7 EXHIBIT A Whatcom County Cade Title 20 Zoning Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.150 Conditional Uses. .165 Commercial kennels, as identified in WCC 20.97.191, which shall be located, designed, and operated so as not to interfere with the overall agricultural character of the area, provided the following criteria are met: (1) The use shall be on a parcel five acres or less in size but not less than one acre in size. (2) No kennel building or outdoor animal space shall be located within 50 feet of any property line and or within 300 feet of any existing dwelling other than those on the property. The distance to a dwelling shall be measured as the shortest straight line distance from the closest point of a dwelling to any structure or fence used for a kennel. (3) All facilities associated with the kennel use, including but not limited to parking and on -site septic systems, shall be contained on the same parcel. (4) The building(s) and associated facilities shall, to the extent feasible, be located to avoid interference with the agricultural use of the property and surrounding properties. (5) In addition to the requirements of WCC 20.84.220, the Hearing Examiner shall consider the following when reviewing a conditional use permit application in order to reduce negative impacts to surrounding residents, and set conditions if warranted: 3 a. Hours when animals are to be kept indoors, b. Sound abating building or screening materials, c. Maximum number of animals, and d. Visual screening or buffering, including but not limited to landscaping and fencing.