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HomeMy WebLinkAboutord2017-038strike2017 -223 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council 1)ffice Agenda Date Assiened to: Originator: 7/11/2017 t Gary Davis GD 6122117 Introduction � (� /J 2 D `V/ L,C Division Head: �- �V� 7 712512017 Council- Hearing Mark Personius Dept. Head: Sam Rvan _7 . —1 JUN 3 0 2017 WHATCOM COUNTY Prosecutor: Royce Buckingham G o' 7^ 7 - Purchasing /Budget: COUNCIL Executive: Jack Lows Q TITLE OF DO U Ordinance adopti g amendments to Whatcom County Code Title 20 (Zoning), relating to the waiver of spacing requirements between marijuana production facilities and community centers in the Rural, Agriculture, and Rural E Forestry districts, and amending the definition of community center. ATTACHMENTS: Staff Memorandum Draft Ordinance Staff Report Application Planning Commission Minutes 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 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 the waiver of spacing requirements between marijuana production facilities and community centers in the Rural, Agriculture, and Rural Forestry districts, and amending the definition of community center. COMMITTEE ACTION. • COUNCIL ACTION.• 7/25/2017: Discussed 7/11/2017: Introduced 7 -0 7/25/2017: Substitute Adopted 6 -0, Mann absent, Ordinance 2017 -038 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2017 -00002 Ord. 2017 -038 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. 7 -25 -2017 PROPOSED BY: Planning INTRODUCTION DATE: 7/11/2017 ORDINANCE NO. 2017 -038 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, RELATING TO THE WAIVER OF SPACING REQUIREMENTS BETWEEN MARIJUANA PRODUCTION FACILITIES AND COMMUNITY CENTERS IN THE RURAL, AGRICULTURE, AND RURAL FORESTRY DISTRICTS, AND AMENDING THE DEFINITION OF COMMUNITY CENTER WHEREAS, the applicant has proposed amendments to Whatcom County Code Title 20 Zoning; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, and public comments on the proposed amendments; 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 allow a waiver of the required 1,000 -foot distance between a marijuana production facility and a community center with a written agreement from that center, in the Rural (R), Agriculture (Ag), and Rural Forestry (RF) districts. 2. A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on June 13, 2017. 1 Notice of the subject amendment was submitted to the Washington State Department of Commerce on April 25, 2017. 4� Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on May 26, 2017. 5. The Planning Commission held a public hearing on the proposed amendments on June 8, 2017. Page 1 of 2 6. Comprehensive Plan Policy 7K -1 supports small and cottage businesses in rural areas that minimally impact productive agricultural, forest, or mineral resource land. 7. Comprehensive Plan Policy 2FF -3 is to ensure that rural business operations do not adversely impact adjacent residential, agricultural or forest land, or compromise water quality and quantity. 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 25th day of July , 2017. �ssiiitr�rrrrr WHAT C fUNCIL WHATCa'f �Yi�1¢�e HINGTON ATIMST,`` epU +C- or r ti. Dana"Brown- aav4js,-Cencil Clerk APPROVED as to form: chanan, Chairperson Approved ( ) Denied 4'�f -7 - Jack Lo ws, tive Date: Page 2of2 May 30, 2017 Draft EXHIBIT A Chapter 20.36 RURAL (R) DISTRICT 20.36.130 Administrative Approval Uses .137 Marijuana production facility; provided, that in addition to the criteria found in WCC 20.80.690 through 20.80.694: (1) The facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing. requirement from community centers if the authorized representatives of all existin community centers within 1,000 feet provide a notarized written agreement as provided by the department consenting to the facility. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility. (3) On parcels smaller than four and one -half acres the facility shall not exceed a total of 2,000 square feet, except where the facility is contained within a building that existed on the effective date of the ordinance codified in this section. .138 Marijuana processing facility; provided, that in addition to the criteria found in WCC 20.80.690 through 20.80.694 and WCC 20.84.235: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling 1 May 30, 2017 Draft (structure) to any structure or fence used for the processing of marijuana. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility. (3) On parcels smaller than four and one -half acres the total area used for marijuana processing and production shall not exceed 2,000 square feet, except where the facility is contained within a building that existed on the effective date of the ordinance codified in this section. Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.050 Permitted Uses .059 Marijuana production facility; provided, that in addition to the criteria found in WCC 20.80.690 through 20.80.694: (1) The facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing requirement from community centers if the authorized representatives of all existing community centers within 1,000 feet provide a notarized written agreement as provided by the department consenting to the facility and the waiver is approved through an administrative approval process per ,WCC 20.84.235. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84,235. 2 May 30, 2017 Draft 20.40.100 Accessory Uses .115 Marijuana processing facility, provided in addition to the criteria found in WCC 20.80.690 through 20.80.694: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the processing of marijuana. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. Chapter 20.42 RURAL FORESTRY (RF) DISTRICT 20.42.050 Permitted Uses .070 Marijuana production facility; provided, that in addition to the criteria found in WCC 20.80.690 through 20.80.694: (1) The facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing requirement from community centers if the authorized representatives of all existing community centers within 1,000 feet rp ovide a notarized written agreement as provided by the department consenting to the facility and the waiver is approved through an administrative ap r� oval process per WCC 20.84.235. 3 May 30, 2017 Draft (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 20.42.100 Accessory Uses .106 Marijuana processing facility; provided, that in addition to the criteria found in WCC 20.80.690 through 20.80.694: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the processing of marijuana. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. Chapter 20.80 SUPPLEMENTARY REQUIREMENTS 20.80.210 Minimum setbacks (5) Setbacks 4 (b) Setbacks Table. Agricultural (AG) Commercial, Collector Industrial, I -5, Arterials or State Hwys, Major Principal & Collectors Minor Arterials Road Type Minor Local Collectors I Access Streets 50' 1 50' 1 50' 1 50' May 30, 2017 Draft Other Neighborhood Minor Side Rear Collector Access Yard Yard Streets 50' 1 50' 1 20' 1 20' 1. The 50 -foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment and the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. 2. The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150 -foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. 3. Parcels of less than five nominal acres shall have the following minimum setbacks: Front yards: - Primary arterials and secondary arterials: 45 feet. - Collector arterials: 35 feet. - Neighborhood collectors, local access streets: 25 feet. - Minor access streets: 20 feet. Minimum front yard requirements can be reduced by the zoning administrator for boundary 5 May 30, 2017 Draft line adjustments or farmstead parcels established through WCC 20.40.253 and 20.40.254 if the proposed placement of the structures will result in a better fit with critical areas or prime soils and goes through the approval process in Chapter 21.03 WCC. In no case shall front yard depth be less than 20 feet. Side yards: minimum side yard setbacks shall be five feet. For boundary line adjustments or farmstead parcels established through WCC 20.40.253 and 20.40,254, the exterior side yard and exterior rear yard requirements of habitable structures shall be 30 feet. Rear yards: minimum rear yard setbacks shall be five feet. 4. A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing requirement from community centers if the authorized representatives of all existing community centers within 1,000 feet provide a notarized written agreement as provided by the department consenting . to the facility and the. waiver is approved through an administrative approval_ Frocss par WCC 20.84.235. 5. A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 6. A 10 -foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10 -foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10- foot setback area after approval from the International Boundary Commission. Rural Forestry (RF) Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear May 30, 2017 Draft Industrial, I -5, Arterials or Collectors Access Collector Access Yard Yard State Hwys, Major Streets Streets Principal & Minor Collectors Arterials 45' 35' 25' 25' 25' 20' 20' 20' Water Resource Protection Overlay 30' 30' 20' 20' 20' 20' 20' 20' 1. Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone situated adjacent to the Commercial Forestry Zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to the standard setback of the Rural Forestry Zone. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman's stations shall not be located within 100 feet of any other zone district. 2. Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. 3. When a permitted residence (WCC 20.42.056) adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. 4. Lummi Island scenic estates setbacks shall be administered under the Rural Residential Island setback standards. 5. A 10 -foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10 -foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10- foot setback area after approval from the International Boundary Commission. 6. A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing requirement from community centers if the authorized representatives of all existing community centers within 1,000 feet Drovide a notarized written agreement as provided by the department consenting to the facility and the waiver is approved through an administrative approval process per WCC 20.84.235. May 30, 2017 Draft 7. A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. Rural {P) Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I -5, Arterials or Collectors Access Collector Access Yard Yard State Hwys, Major Streets Streets Principal & Collectors Minor Arterials 45' 45' 35' 25' 25' 20' 5i1 5i1 Water Resource Protection Overlay 30' 30' 20' 20' 20' 20' 5' 5' 1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20,35.651 shall be subject to the standard setback in WCC 20.80.210. 2. Lots created after 2001 through the cluster provisions, or lots created through the APO provisions which will be used for human habitation, shall be set back a minimum of 100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and rear property lines, and no structure shall be constructed within 30 feet of an agricultural use. Subject to any further requirements within Chapter 20.38 WCC, Agriculture Protection Overlay. 8 May 30, 2017 Draft 3. A 10 -foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10 -foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10- foot setback area after approval from the International Boundary Commission. 4. A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing reg,uirement from community centers if the authorized representatives of all existing community centers within 1,000 feet provide a notarized written agreement as provided by the department . consenting to -the facilit)L. 5. A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84,235. '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. 20.80.250 Special setback provisions by district. 20.80.252 Rural District. (1) Rural District Setbacks. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.36.651 shall be subject to the standard setback in WCC 20.80.210. E May 30, 2017 Draft (2) A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing requirement from community centers if the authorized representatives of all existing community centers within 1,000 feet provide a notarized written agreement as provided by the department consenting_ tQ the_faci'iity. (3) A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 20.80.255 Agriculture District. (1) The 50 -foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, and the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. (2) The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, packinghouses and slaughterhouses, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150 -foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. (3) The minimum separation between packinghouses /slaughterhouses and schools shall be 500 feet. (4) The minimum separation between packinghouses /slaughterhouses and adjacent property lines shall be 150 feet. (5) A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive_ this 10 May 30, 2017 Draft spacinrec uirement from community enters if the authorized representatives of all existing community centers within 1,000 feet provide a notarized written agreement as provided by the department consenting to the facility and the waiver _is_ approved through an administrative_ approval process per WCC 20.84,235. (6) A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 20.80.256 Forestry districts. (Adopted by reference in WCCP Chapter 2.) (1) Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone situated adjacent to the Commercial Forestry Zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to the standard setback in WCC 20.80.210. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman's stations shall not be located within 100 feet of any other zone district. (2) Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. (3) Where a parcel had been created pursuant to the rural forestry district's clustering provision or when a permitted residence (WCC 20.42.056), adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. (4) For parcels of less than five nominal acres, unless the provisions of subsection (2) of this section are applicable, the zoning setback established by the zoning district shall be observed. (5) In the Rural Forestry Zone, aA marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building /business location to the property line of the community center. The zoning administrator may waive this spacing requirement from community centers if the authorized representatives of all existing community centers within 1.000 feet provide a notarized written agreement as provided by the department consenting to the facility and the waiver is ap Droved _ through an administrative approval urocess per WCC 20.84.235. (6) In the Rural Forestry Zone, aA marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same 11 May 30, 2017 Draft parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single - family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. Chapter 20.97 DEFINITIONS 20.97.070 Community center. "Community center" means land and /or building(s) owned by a public agency or private nonprofit entity used for social, civic, educational reli ioouusl or recreational purposes, which serves mainly the community where located; including but not limited to community halls and centers, grange halls, senior citizen centers, teen centers, youth clubs, field houses,_ and churches. The facilities are available for occasional public meetings. They may also have the minimal kitchen facilities required for occasional banquets. Private clubs as defined in this ordinance are not included. 12