HomeMy WebLinkAboutord2018-006WHATCOM COUNTY COUNCIL AGENDA BILL wn- 2018 -055
CLEARANCES
Initial
Date
Date Received in Council Ofj1ce
Agenda enda Date
Ass! ned to:
Originator:
Matt W. Aamot
M.A.
111712018
113012018
Introduction
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Division Head:
MarkPersonius�
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2/13/2018
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Dept. Head:
Sam & an
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JAN
A [ 3 2018
2/27/2018
Public Hearing
Prosecutor:
Royce Buckingham
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WHATCO M COUNTY
Purchasing /Budget:
COUNCIL
Executive:
Jack Louws '
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TITLE OF 130 T:
Amend the Urban Fringe Subarea Plan and make related amendments to the Whatcom County Comprehensive
Plan and Whatcom County Zoning Code (Title 20).
ATTACHMENTS:
1. Memorandum
2. Draft Ordinance with Exhibits A, B, and C
3. Planning Commission Findings
SEPA review required? (X ) Yes ( ) NO
Should Clerk schedule a hearing? (X) Yes ( ) NO
SEPA review completed? (X ) Yes ( ) NO
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you mustprovide 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.)
Amend the Urban Fringe Subarea Plan, Whatcom County Comprehensive Plan, and Whatcom County Zoning
Code (Title 20). The proposed amendments to the Zoning Code relate to the following zoning districts: Urban
Residential Medium Density, Urban Residential Mixed, Gateway Industrial, Light Impact Industrial, and Heavy
Impact Industrial.
COMMITTEE ACTION.
COUNCIL ACTION.
2/13/2018: Presented and Discussed
1/30/2018: Introduced 7 -0
2/27/2018: Adopted 6 -0, Donovan abstained
Ord 2018 -006
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
County Planning File #
PLN2017- 00001.
Ord 2018 -006
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.to.whatcom.wa.us;/counciL
1 -17 -2018
PROPOSED BY: Planning
INTRODUCTION DATE: 1/30/2018
ORDINANCE NO. 2018 -006
ADOPTING AMENDMENTS TO
THE URBAN FRINGE SUBAREA PLAN,
WHATCOM COUNTY COMPREHENSIVE PLAN,
AND WHATCOM COUNTY ZONING CODE
WHEREAS, The Whatcom County Council initiated (docketed) the proposed
amendments for further review in March 2017; and
WHEREAS, The Whatcom County Planning Commission held public meetings
and issued recommendations on the proposed amendments; and
WHEREAS, The County Council considered Planning Commission
recommendations; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
Background Information
1. The subject proposal consists of amendments to the:
a. Urban Fringe Subarea Plan;
b. Whatcom County Comprehensive Plan Policy; and
c. Whatcom County Zoning Code (Title 20).
2. The Whatcom County Comprehensive Plan was updated in August 2016
(Ordinance 2016 -034). This update included the county -wide urban growth
area (UGA) review. The existing Bellingham UGA was retained in this
process. The Urban Fringe Subarea Plan update involves review of the text,
goals, policies, and maps of the Subarea Plan. However, the Subarea Plan
update is not intended to re -open the UGA review process completed in
2016.
3. The Whatcom County Comprehensive Plan states "... The next Urban Fringe
Plan update will only include the Bellingham UGA ..." (p. 2 -24). Therefore,
the Urban Fringe Subarea Plan boundary is being modified to match the
Bellingham UGA boundary. The Urban Fringe Subarea will no longer include
Rural and other lands outside the UGA.
Page 1 of 13
4. Whatcom County Comprehensive Plan Policy 2L -2 is to "Retain and
periodically review the adopted Subarea Plans" including the Urban Fringe
Subarea Plan. The Urban Fringe Subarea Plan was adopted in 1997 (with
amendments in 1999, 2004, and 2009).
5. The County Council passed Resolution #2017 -016 in March 2017 initiating
review and update of the Urban Fringe Subarea Plan and related provisions of
the Whatcom County Comprehensive Plan.
State Environmental Policy Act
6. A Determination of Non - significance was issued by the SEPA Responsible
Official on September 29, 2017.
Comprehensive Plan /Subarea Plan Approval Criteria
7. The criteria of WCC 2.160.080, summarized below, must be satisfied in order
to approve a comprehensive plan amendment.
• The amendment conforms to the requirements of Growth Management
Act (GMA), is internally consistent with the county -wide planning policies
and is consistent with any interlocal planning agreements.
• Further studies made or accepted by the department of planning and
development services indicate changed conditions that show a need for
the amendment.
• The public interest will be served by approving the amendment. In
determining whether the public interest will be served, factors including
but not limited to the following shall be considered:
• The anticipated effect upon the rate or distribution of population
growth, employment growth, development, and conversion of land
as envisioned in the Comprehensive Plan.
• The anticipated effect upon the ability of the County and /or other
service providers, such as cities, schools, water and /or sewer
purveyors, fire districts, and others as applicable, to provide
adequate services and public facilities including transportation
facilities.
• Anticipated impact upon designated agricultural, forest and mineral
resource lands.
• The amendment does not include or facilitate spot zoning.
• Transfer of development rights may be required if an urban growth area is
expanded.
Page 2of13
Subarea Plans
8. The GMA, in a section entitled "Optional Elements," states that a
"comprehensive plan may include, where appropriate, subarea plans, each of
which is consistent with the comprehensive plan" (RCW 36.70A.080(2)).
9. The Western Washington Growth Management Hearings Board has stated
that:
... Subarea plans are optional elements of a comprehensive plan.
While a jurisdiction has discretion to utilize subarea plans, RCW
36.70A.080(2) requires that subarea plans be consistent with the
comprehensive plan and are subject to the goals and requirements of
the GMA. Subarea plans are, as the prefix "sub" implies, a subset of
the comprehensive plan of a jurisdiction and they typically augment or
amplify policies contained in the comprehensive plan. There is no GMA
requirement that a subarea plan contain all the mandatory elements
required by RCW 36.70A.070... (Campbell v. San Juan County, Case
No. 09 -2 -0014, Final Decision and Order, January 27, 2010).
10. The Urban Fringe Subarea Plan is an optional element that Whatcom County
has chosen to include, at the County's discretion, in the County's
Comprehensive Plan.
Intergovernmental Coordination / Public Participation
11. GMA planning goals are set forth in RCW 36.70A.020. The GMA citizen
participation and coordination planning goal is to "Encourage the involvement
of citizens in the planning process and ensure coordination between
communities and jurisdictions to reconcile conflicts" (RCW 36.70A.020(11)).
12. County and City of Bellingham staff met over a four month period (April -
August 2017) to discuss proposed changes to the Urban Fringe Subarea Plan,
related changes to the Whatcom County Comprehensive Plan, and related
changes to the Whatcom County Zoning Code.
13. The Whatcom County Planning Commission held a work session on the Draft
Urban Fringe Subarea Plan and related amendments on December 14, 2017.
14. The Planning Commission held a public hearing on the Draft Urban Fringe
Subarea Plan and related amendments on January 11, 2018.
Urban Growth
15. GMA planning goal # 1 is to "Encourage development in urban areas where
adequate public facilities and services exist or can be provided in an efficient
manner" (RCW 36.70A.020(1)). Under the GMA, urban growth areas have
been designated pursuant to RCW 36.70A.110.
Page 3 of 13
16. County -wide Planning Policy F -11 states "The county and the City of
Bellingham shall establish, through the Urban Fringe Subarea Plan update,
the policies, zoning and criteria to comply with current state Growth
Management law."
17. County -wide Planning Policy F -12 states The revised Urban Fringe
Subarea Plan and a new Interlocal Agreement between the City of
Bellingham and the county will address sequence and timing for annexations,
subdivisions, and urban levels of development."
18. The Whatcom County Comprehensive Plan contains goals and policies
supporting the Bellingham Urban Growth Area designation including Goal 2U
and Policies 2U -1 through 2U -10.
19. The Bellingham UGA was adopted by the Whatcom County Council in 1997,
when the Comprehensive Plan was originally adopted pursuant to the GMA
(Ordinance 97 -023).
20. The Bellingham UGA was reduced in size in the 2009 UGA review (Ordinance
2009 -071).
21. The Bellingham UGA was retained in the 2016 UGA review (Ordinance 2016-
034).
22. The amended Urban Fringe Subarea Plan includes a map of the existing
Bellingham UGA, which is consistent with the UGA boundaries in the
Whatcom County Comprehensive Plan.
Low Density Sprawl
23. GMA planning goal # 2 is to "Reduce the inappropriate conversion of
undeveloped land into sprawling, low- density development" (RCW
36.70A.020(2)).
24. The Whatcom County Comprehensive Plan, Urban Fringe Subarea Plan, and
Whatcom County Zoning Code protect land from sprawling low- density
development because:
a. The Whatcom County Comprehensive Plan encourages net densities of 6
to 24 dwellings /acre in Bellingham (Goal 2P).
b. In the Lake Whatcom Watershed, urban residential zoning in the
Bellingham UGA allows one dwelling /five acres if public water and sewer
are available. When public water and sewer are not provided, the
maximum density is one dwelling /ten acres.
c. Outside the Lake Whatcom Watershed, urban residential zoning in the
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Bellingham UGA may be developed at urban densities if public water and
sewer are provided. When public water and sewer are not provided, the
maximum density is one dwelling /ten acres.
Transportation
25. GMA planning goal # 3 is to "Encourage efficient multimodal transportation
systems that are based on regional priorities and coordinated with county
and city comprehensive plans" (RCW 36.70A.020(3)).
26. County -wide Planning Policy J -2 states that " Whatcom County jurisdictions
shall encourage alternative modes of transportation to the single occupancy
vehicle..."
27. Transportation planning is primarily addressed in the Whatcom County
Comprehensive Plan. However, Urban Fringe Subarea Plan Policy 1.6 is to
"Promote development that supports and enhances efficient public
transportation and an intermodal transportation system." Additionally, other
policies in the Urban Fringe Subarea Plan address transportation issues in a
variety of land use designations in the Subarea.
Housing
28. GMA planning goal # 4 is to 'Encourage the availability of affordable housing
to all economic segments of the population of this state, promote a variety of
residential densities and housing types, and encourage preservation of
existing housing stock" (RCW 36.70A.020(4)).
29. County -wide Planning Policy G -2 states that "The county and the cities shall
plan for a range of housing types and costs commensurate with their
affordable housing needs."
30. Housing is primarily addressed in the Whatcom County Comprehensive Plan.
Urban residential zones in the UGA allow a variety of densities and housing
types upon provision of public water and sewer. However, Urban Fringe
Subarea Plan Policy 1.3 is to "Provide opportunities for a diversity of housing
types in the Urban Growth Area." The City of Bellingham generally does not
extend public water and sewer outside city limits. Therefore, higher density
housing in the Bellingham UGA typically occurs after annexation.
Economic Development
31. GMA planning goal # 5 is to "Encourage economic development throughout
the state that is consistent with adopted comprehensive plans, promote
economic opportunity for all citizens of this state, especially for unemployed
and for disadvantaged persons, promote the retention and expansion of
existing businesses and recruitment of new businesses, recognize regional
differences impacting economic development opportunities, and encourage
Page 5of13
growth in areas experiencing insufficient economic growth, all within the
capacities of the state's natural resources, public services, and public
facilities" (RCW 36.70A.020(5)).
32. County -wide Planning Policy I -7 states:
Economic vitality and job development shall be encouraged in all the
cities and in designated areas of the county consistent with community
growth policies, particularly addressing adequacy of transportation
corridors, public transportation, impacts on the environment, and the
ability of the area to provide urban services.
33. Economic development issues are primarily addressed in the Whatcom
County Comprehensive Plan. However, the Urban Fringe Subarea contains
policies relating to commercial, industrial, and airport zones to facilitate
economic opportunities in the Bellingham UGA.
Property Rights
34. GMA planning goal # 6 states that "Private property shall not be taken for
public use without just compensation having been made. The property rights
of landowners shall be protected from arbitrary and discriminatory actions"
(RCW 36.70A.020(6)).
35. The Attorney General's Advisory Memorandum and Recommended Process
for Evaluating Proposed Regulatory or Administrative Actions to Avoid
Unconstitutional Takings of Private Property (December 2015) has been
reviewed by legal counsel and no warning signals that are associated with
the takings analysis have been identified for the subject amendments.
Permitting
36. GMA planning goal # 7 states "Applications for both state and local
government permits should be processed in a timely and fair manner to
ensure predictability" (RCW 36.70A.020(7)).
37. Permitting issues are primarily addressed in the Whatcom County
Comprehensive Plan on a county -wide basis.
Resource Lands and Industries
38. GMA planning goal # 8 is to "Maintain and enhance natural resource -based
industries, including productive timber, agricultural, and fisheries industries.
Encourage the conservation of productive forest lands and productive
agricultural lands, and discourage incompatible uses" (RCW 36.70A.020(8)).
Page 6of13
39. County -wide Planning Policy I -9 states:
The County and the cities recognize the need for the protection and
utilization of natural resources and resource lands including
agricultural, mineral, forestry and fishing. As part of a broad based
economy, productive timber, agriculture and fisheries industries should
be supported in a sustainable manner.
40. The Urban Fringe Subarea Plan boundary is being revised to match the
Bellingham UGA boundary. There are no designated agriculture, forestry, or
mineral resource lands within the revised Urban Fringe Subarea boundary.
Open Space /Recreation /Fish & Wildlife
41. GMA planning goal # 9 is to `Retain open space, enhance recreational
opportunities, conserve fish and wildlife habitat, increase access to natural
resource lands and water, and develop parks and recreation facilities" (RCW
36.70A.020(9)).
42. County -wide Planning Policy H -1 states:
Adequate open space is vital to the quality of life and sense of place in
Whatcom County. The county, cities, Port of Bellingham, and other
appropriate jurisdictions should coordinate protection of linked
greenbelts, within and between Urban Growth Areas, parks, and open
space to protect wildlife corridors and to enhance recreational
opportunities, public access and trail development.
43. Open space, recreation, and fish & wildlife habitat are primarily addressed in
the Whatcom County Comprehensive Plan. However, Urban Fringe Subarea
Plan Policy 1.16 is to "Promote a coordinated effort to identify and prioritize
interconnected natural areas and features for preservation to protect water
quality and provide habitat, recreation, open space and wildlife corridors."
Environment
44. GMA planning goal # 10 is to 'Protect the environment and enhance the
state's high quality of life, including air and water quality, and the availability
of water" (RCW 36.70A.020(10)).
45. County -wide Planning Policy N -1 states:
The cities, and the county, in cooperation with other municipal
corporations, tribal governments, federal and state agencies, and
public and private utilities shall cooperate in the protection of water
resources and in drawing upon said water to support growth.
Page 7of13
46. The environment is primarily addressed in the Whatcom County
Comprehensive Plan. However, Urban Fringe Subarea Plan Policy 1.16 is to
"Promote a coordinated effort to identify and prioritize interconnected natural
areas and features for preservation to protect water quality and provide
habitat, recreation, open space and wildlife corridors."
Public Facilities
47. GMA planning goal # 12 is to "Ensure that those public facilities and services
necessary to support development shall be adequate to serve the
development at the time the development is available for occupancy and use
without decreasing current service levels below locally established minimum
standards" (RCW 36.70A.020(12)).
48. County -wide Planning Policy D -3 states "Cities shall develop a plan to provide
urban level water and sewer services within their Urban Growth Areas... "
49. The City of Bellingham, Water District 2, Water District 7, the Lake Whatcom
Water and Sewer District and several other purveyors currently plan and
provide water service to various parts of the UGA. The City of Bellingham
plans water service for unserved parts of the UGA, but physical service is
typically provided after annexation.
50. The City of Bellingham and the Lake Whatcom Water and Sewer District
currently plan and provide sewer service to various parts of the UGA. The
City of Bellingham plans sewer service for unserved parts of the UGA, but
physical service is typically provided after annexation.
51. The City of Bellingham Fire Department provides service inside the city limits.
Fire Districts 4, 8, South Whatcom Fire Authority, and North Whatcom Fire &
Rescue currently serve the Bellingham UGA.
52. The Bellingham, Meridian, and Ferndale School Districts serve the UGA.
53. Capital facility planning for water, sewer, fire protection, and schools is
primarily addressed in the Whatcom County Comprehensive Plan (Chapter 4
and Appendix E - Whatcom County 20 -Year Capital Facilities Plan).
However, Urban Fringe Subarea Plan Policy 1.5 is to "Direct urban growth
and development into areas where City public water and sewer services are
available or can be readily provided."
Historical and Archaeological
54. GMA planning goal # 13 is to "Identify and encourage the preservation of
lands, sites, and structures, that have historical or archaeological
significance" (RCW 36.70A.020(13)).
Page 8 of 13
55. The historical and archaeological resources are addressed in the Whatcom
County Comprehensive Plan.
Accommodation of Growth
56. RCW 36.70A.110(2) indicates that the county and each city within the county
shall include areas and densities sufficient to permit the urban growth that is
projected to occur in the county or city for the succeeding twenty -year period
in the UGA.
57. RCW 36.70A.115 indicates that Counties and cities shall ensure that, taken
collectively, adoption of and amendments to their comprehensive plans
and /or development regulations provide sufficient capacity of land suitable
for development within their jurisdictions to accommodate their allocated
housing and employment growth, including commercial, industrial, medical,
governmental, educational and institutional uses.
58. State rules relating to the GMA indicate that the land capacity analyses
required under RCW 36.70A.115 are primarily to take place at the periodic
UGA reviews that counties and cities undertake every eight years. However,
land capacity estimates are recommended during review of other
comprehensive plan and development regulation amendments, if they
increase or decrease allowed densities (WAC 365 - 196- 325(1)(b) and (d)).
59. A land capacity analysis for the Bellingham UGA was conducted at the time of
the 2016 Comprehensive Plan update /UGA review demonstrating that it can
accommodate allocated population and employment growth.
60. The Urban Fringe Subarea Plan update will not increase or decrease allowed
densities. Therefore, a new land capacity analysis is not required.
61. The Comprehensive Plan update /UGA review was completed in 2016. The
Urban Fringe Subarea Plan update is intended to provide consistency with the
Whatcom County Comprehensive Plan. The Urban Fringe Subarea Plan
update is not intended to re -open the UGA review process.
Interlocal Agreement
62. The Interlocal Agreement Between the City of Bellingham and Whatcom
County Concerning Planning, Annexation and Development within the
Bellingham UGA was approved by both jurisdictions in April 2012.
63. The Interlocal Agreement states:
Whatcom County will review the UGA in accordance with the schedule
in RCW 36.70A.130 to ensure that the UGA can accommodate the
urban growth projected to occur in the 20 -year planning period
established by the Whatcom County Comprehensive Plan. The County
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and City will collaborate throughout the UGA review process. The City
will submit recommendations to the County in accordance with the
schedule for joint County and City review of the UGA and the County
will consider the recommendations prior to making any changes to the
City's UGA... (Section 2.C, pp. 4 and 5).
64. Whatcom County, in consultation with the City of Bellingham, concluded the
UGA review process in August 2016 with the adoption of Ordinance 2016-
034. Pursuant to RCW 36.70A.130, the next UGA review must occur by
2024. This Urban Fringe Subarea Plan update is not intended to re -open the
UGA review process.
65. The Interlocal Agreement states "For residential zoning districts in
annexation areas, the City agrees to adopt appropriate urban densities
consistent with the State GMA, City Comprehensive Plan, the Urban Fringe
Subarea Plan and the overall density goals of the County Comprehensive Plan
(Section 3.E, p. 8).
66. Comparable city zoning is identified for residential areas in the Urban Fringe
Subarea Plan.
Further Studies /Changed Conditions
67. The original Urban Fringe Subarea Plan was adopted in 1984 and repealed in
1997. A revised Urban Fringe Subarea Plan was adopted in 1997, with
amendments in 1999, 2004 and 2009.
68. The periodic update of the Whatcom County Comprehensive Plan was
completed in August of 2016 (Ordinance 2016 -034) in accordance with RCW
36.70A.130. The Whatcom County Comprehensive Plan provides direction
for land use policy in Whatcom County. Subarea plans are to be consistent
with the comprehensive plan (RCW 36.70A.080). The subject amendments
to the Urban Fringe Subarea Plan provide consistency with the Whatcom
County Comprehensive Plan.
69. Some of the information in the Subarea Plan has become outdated or
unnecessary. For example, some of the Bellingham UGA has been annexed
and there is no longer General Manufacturing zoning within the UGA.
Additionally, it is no longer necessary to include City of recommendations
from the 1997 Subarea Plan two decades later in an updated Subarea Plan.
70. A new Interlocal Agreement was approved by Whatcom County and the City
of Bellingham in 2012. Additionally, Whatcom County Comprehensive Plan
Policy 2U -5 addresses reviewing and updating the Interlocal Agreement.
Therefore, it is not necessary to address the Interlocal Agreement in detail in
the Subarea Plan.
Page 10 of 13
Public Interest
71. It is in the public interest to amend the Urban Fringe Subarea Plan in order
to:
a. Eliminate inconsistency with the Whatcom County Comprehensive Plan;
b. Eliminate inconsistency with the Whatcom County Zoning Code and maps;
c. Eliminate inconsistency with City of Bellingham policy; and
d. Delete outdated and unnecessary information.
Spot Zoning
72. The Whatcom County Zoning Code defines illegal spot zoning as follows:
"Illegal spot zoning" means a zoning action by which a smaller area is
singled out of a larger area or district and specially zoned for a use
classification totally different from, and inconsistent with, the
classification of surrounding land and not in accordance with the
Comprehensive Plan. Spot zoning is zoning for private gain designed to
favor or benefit a particular individual or group and not the welfare of
the community as a whole (WCC 20.97.186).
73. There are no proposed rezones associated with the Urban Fringe Subarea
Plan update.
Transfer of Development Rights for Expanding UGAs
74. There are no UGA expansions associated with the Urban Fringe Subarea Plan
update.
Zoning Text Amendments
75. WCC 20.90.050 indicates that proposed zoning amendments must be
evaluated in relationship to the goals and policies of the Whatcom County
Comprehensive Plan.
76. The subject proposal includes text amendments for the following zoning
districts:
a. Urban Residential Medium Density (URM);
b. Urban Residential Mixed (UR -MX);
c. Gateway Industrial (GI);
Page 11 of 13
d. Light Impact Industrial (LII); and
e. Heavy Impact Industrial (HII).
77. Whatcom County Comprehensive Plan Goal 2D is to "Refine the regulatory
system to ensure accomplishment of desired land use goals in a fair and
equitable manner."
78. The text amendments in the URM and UR -MX zones include eliminating
requirements imposing City of Bellingham impact fees on development in the
UGA. This amendment recognizes that the County would have to conduct
the analysis, and adopt an ordinance, as required by RCW 82.02.050 -.110
prior to imposing City of Bellingham impact fees in unincorporated areas. In
order for any impact fees to be fair and equitable, they must meet the
requirements of state law.
79. Whatcom County Comprehensive Plan Goal 1A is to "Ensure that government
activities, regulations and policies are transparent, accountable and easy to
understand."
80. The text amendments to the GI, LII, and HII zones are primarily
housekeeping amendments. These amendments recognize that maps will be
deleted from the Subarea Plan. They also replace the term "Urban Fringe
Subarea" with "Bellingham Urban Growth Area" as it is a more descriptive
term that may provide the public with a better sense of where the
regulations apply. These amendments should make the zoning code a little
easier to understand.
CONCLUSIONS
1. The Urban Fringe Subarea Plan and Whatcom County Comprehensive Plan
amendments are consistent with the approval criteria of WCC 2.160.080.
2. The Whatcom County Zoning Code amendments are consistent with the
Comprehensive Plan.
Page 12 of 13
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Urban Fringe Subarea Plan are hereby adopted as
shown on Exhibit A.
Section 2. Amendments to the Whatcom County Comprehensive Plan are hereby
adopted as shown on Exhibit B.
Section 3. Amendments to the Whatcom County Zoning Code (Title 20) are
hereby adopted as shown on Exhibit C.
Section 4. 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 February
WHATCOM COUNTY COUNCIL
WHATCOM,.,CxOUNTY; �,,1 SHINGTON
ATTEST
♦ (7)
Dana Brown-Davis, Council "Clerk
APPROVED as to form:
l
Prosecutor
2018.
Rud Browne, Chairperson
Approved
( ) Denied
Date:
Page 13 of 13
C:po "?'
Exhibit A
Urban Fringe Subarea Plan
Amendments (2018)
Approved by the Whatcom County Council
February 27, 2018
Approved by Whatcom County Council February 27, 2018
Table of Contents
Page
I. Existing Goals and Policy Framework 2
A. Growth Management Act (GMA)
B. County -wide Planning Policies
C. Whatcom County Comprehensive Plan
D. Urban Fringe Plan - Geographic Area
II. Population Forecasts /Land Supply 2
III. Urban Fringe Subarea Plan Policies 3
A. General Policies applicable to the Bellingham Urban Growth Area
B. Zoning Designations, Locational Criteria and Policies
1. Urban Residential
2. Urban Residential Medium Density
3. Urban Residential - Mixed Use
4. General Commercial
5. Neighborhood Commercial
6. Heavy Impact Industrial
7. Light Impact Industrial
8. Gateway Industrial
9. Airport Operations
10. Recreation and Open Space
IV. Urban Growth Area
A. Urban Growth Area Defined
B. Factors Affecting Urban Growth Areas
16
V. Bellingham Urban Fringe Subarea Planning Area Map 18
VI. Comprehensive Plan Amendments
VII. Implementation
1
19
19
Approved by Whatcom County Council
February 27, 2018
Urban Fringe Subarea Plan
I. Existing Goals and Policy Framework
A. Growth Management Act (GMA)
The State Legislature adopted the Growth Management Act (GMA) in 1990 and
1991, requiring jurisdictions in the fastest growing areas of the state to
update their comprehensive plans in accordance with GMA goals. This
legislation was intended to recognize that uncoordinated and unplanned
growth poses a threat to the environment, to sustainable economic
development and to the health, safety and high quality of life enjoyed by
residents of this state. Planning under GMA needs to occur in a coordinated and
comprehensive manner drawing on the cooperation of related jurisdictions.
B. County -wide Planning Policies
As required by the Growth Management Act, county -wide planning policies
have been adopted by Whatcom County with concurrence by all cities. The
County -wide Planning Policies establish a county -wide framework for
developing and adopting city and county comprehensive plans and assure that
city and county plans are consistent.
C. Whatcom County Comprehensive Plan
The Whatcom County Comprehensive Plan sets the boundaries of the 10 urban
growth areas (UGAs) in Whatcom County, including the Bellingham UGA. The
County, in coordination with the cities, conducts the UGA review as part of the
Comprehensive Plan update required by the GMA every eight years. The
Whatcom County Comprehensive Plan also contains text, goals, and policies
relating to the Bellingham UGA.
D. Urban Fringe Subarea Plan — Geographic Area
The Urban Fringe Subarea Plan applies to the Bellingham UGA. This Subarea
Plan does not apply to land outside the UGA boundaries.
II. Population Forecasts /Land Supply
Projections of future population size are an essential component of land use
planning. As required by GMA, the Washington State Office of Financial
Management developed a 20 -year population projection for Whatcom County.
These population projections and an analysis of the capacity of land presently
zoned for urban development help determine land supply needs for the next 20
years of growth. By incorporating population forecasts into the planning process,
Whatcom County and the City of Bellingham will ensure, as much as possible,
N
Approved by Whatcom County Council
February 27, 2018
that future needs for employment, transportation, affordable housing, utility,
parks and other amenities will be met within the planning period. Population and
employment projections are adopted in the Whatcom County Comprehensive
Plan.
III. Urban Fringe Subarea Plan Policies
A. General Policies Applicable to the Bellingham Urban Growth Area
The following list of policies is intended to facilitate cooperation between
Whatcom County and the City of Bellingham in directing and managing
development in the Urban Fringe Subarea.
1.1 Provide for land uses in the Bellingham Urban Growth Area that
conform to the Growth Management Act, Whatcom County
Comprehensive Plan, and County -wide Planning Policies and that
consider the provision of urban services to the planning area.
1.2 Promote the integrity and character of each neighborhood within
Bellingham's Urban Growth Area. Encourage and provide opportunities for
a maximum degree of citizen participation in the governmental planning
and decision making process.
1.3 Provide opportunities for a diversity of housing types in the Urban Growth
Area.
1.4 Direct new high density residential, commercial and industrial
development to appropriate zoning districts.
1.5 Direct urban growth and development into areas where City public water
and sewer services are available or can be readily provided.
1.6 Promote development that supports and enhances efficient public
transportation and an intermodal transportation system.
1.7 Maintain and update, as appropriate, the adopted interlocal agreement
between Whatcom County and the City of Bellingham.
1.8 Cooperate and coordinate with the City of Bellingham, special districts,
and other governmental agencies to ensure efficient provision of a full
range of urban services in the Urban Growth Area.
1.9 Continue joint City and County site plan review for all new residential,
commercial, industrial, and Airport Operations development in the Urban
Growth Area.
1.10 Recognize that the City of Bellingham will be the primary provider of
urban services and facilities within its designated urban growth area.
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1.11 Permit development concurrent with public facilities and services needed
to support that development.
1.12 Consistent with adopted City policy, areas in Bellingham's UGA will be
eligible to receive city water and sewer service upon annexation or as
otherwise allowed by the Bellingham Municipal Code.
1.13 Minimize land use conflicts in the Urban Growth Area through the use of
appropriate buffering mechanisms, design standards, and locational
criteria. Promote compatibility between land uses, especially among
residential, commercial, industrial and Airport Operations designations.
1.14 Designate appropriate zones within the Urban Growth Area as receiving
areas for transfer of development rights from the Lake Whatcom
watershed in order to promote increased densities within the Urban
Growth Area and decrease densities within the watershed to help protect
water quality.
1.15 Promote a coordinated effort to identify and prioritize interconnected
natural areas and features for preservation to protect water quality and
provide habitat, recreation, open space and wildlife corridors.
1.16 Unincorporated areas added to the City's UGA in the future should be pre -
zoned by the City.
B. Zoning Designations, Locational Criteria and Policies
Urban Residential Designations
Urban Residential
2.1 The Urban Residential zoning designation (UR) is located in Bellingham's
Urban Growth Area and can be urbanized at such time that a full range of
urban services can be efficiently provided. The primary purpose of the
Urban Residential designation is to promote an orderly transition from
rural land uses and densities to urban land uses and densities.
Comparable City zoning for the Urban Residential designation is
Residential, Single.
2.2 The Urban Residential zoning designation reserves certain land in the
UGA for future urban purposes and encourages interim uses that are
complementary and compatible with future urban densities and
services. The designation intends to encourage the responsible
growth of urban areas by assuring that a full range of urban services is
available to support urban level densities.
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2.3 Locational Criteria
Areas Appropriate for Urban Residential zoning designation include the
following:
2.3.1 Land areas in the Bellingham UGA that are of sufficient size to
adequately accommodate the projected demands for residential
and associated uses, transportation and public uses.
2.3.2 Land areas where a full range of urban services presently exists or
can be economically and efficiently provided in the planning period.
2.3.3 Areas that contain an adequate supply of vacant land suitable for
urban development.
2.3.4 The boundaries of the Urban Residential designation should be well
defined, logical, provide a physical "sense of community" and be
capable of being expanded to accommodate additional urban
growth as the need arises.
2.3.5 The Urban Residential zoning district allows urban density
development (outside the Lake Whatcom Watershed) w h e n a
full range of urban services are provided. In areas where such
services do not exist, the maximum density is one dwelling
unit per ten acres.
2.4 The Urban Residential designation is intended to be urban with urban
uses and services and is to promote an orderly transition from
rural land uses and densities to urban land uses and densities.
2.5 The predominant land use pattern within the Urban Residential zoning
designation should be residential, allowing single family residential,
neighborhood scale commercial in specific designated areas, parks and
other public uses.
2.6 Existing mobile home parks will be allowed to remain as non-
conforming uses.
Urban Residential Medium Density
2.7 The Urban Residential Medium Density zoning designation (URM) is
located in Bellingham's Urban Growth Area and can be developed at
allowed urban densities upon provision of a full range of urban services.
The designation should provide for affordable housing types such as
apartments, townhouses, condominiums, mobile home parks,
subdivisions and other compatible non - residential uses. Comparable City
zoning for the Urban Residential Medium designation is Residential Multi,
Planned.
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February 27, 2018
2.8 The designation promotes an orderly transition from low density uses to
higher density urban uses where predominantly residential uses
complemented by compatible neighborhood scale recreation and
commercial services are appropriate.
2.9 Locational Criteria
2.11.1 The URM zoning classification should be applied to areas in the
Urban Growth Area that are either adjacent to existing or planned
residential developments containing similar density levels or
adjacent to existing or planned commercial or light industrial
developments.
2.11.2 Higher density developments should be located to take advantage
of access to public transit that is sustainable over the long term,
arterial routes of travel, and commercial services and employment
centers.
2.12 The predominant land use pattern includes single family detached
dwelling units, apartments, condominiums, rooming houses, mobile home
parks and retirement and convalescent centers, parks and other public
uses.
2.13 For those URM areas currently served by sewer and water, a mix of
housing types and densities is encouraged consistent with the adopted
zoning.
2.14 A mix of housing types and range of densities within the URM
designation is encouraged particularly in areas close to industrial,
commercial and other urban employment centers, adjacent to arterials
and major connector streets, and where there is access to transit, parks
and other recreational areas.
2.15 The City of Bellingham's design and development standards and
guidelines should apply to all development in the Bellingham Urban
Growth Area.
Urban Residential - Mixed Use
2.16 It is the purpose of this zone designation to provide an orderly
transition from rural to urban development by limiting densities and
uses until services are available and then to provide for mixed uses in
a manner that encourages a range of densities and dwelling unit types
and pedestrian access to convenience shopping and jobs while
maintaining an overall single family character and property values for
the neighborhoods created within this designation. Comparable City
zoning for the Urban Residential - Mixed designation is Residential, Single.
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2.17 Locational Criteria
Areas appropriate for Urban Residential - Mixed (UR -MX) zoning designation
include the following:
2.20.1 Land areas within the Bellingham UGA that are of sufficient size
to adequately accommodate the projected demands for
residential, commercial, transportation and public uses.
2.20.2 Land areas where a full range of urban services presently exists
or can be economically and efficiently provided in the planning
period.
2.20.3 Areas that contain an adequate supply of vacant land suitable
for urban development.
2.21 Commercial uses will be clustered in a single center which is no larger
than (2) two acres, excluding areas used for multi - family. The
commercial uses should not exceed 2,500 square feet per building.
2.22 This designation provides a receiving area for transfer of development
rights credits.
2.23 The Urban Residential - Mixed (UR -MX) zoning designation is located
in Bellingham's UGA and can be developed at allowed densities upon
provision of a full range of urban services. The designation should
provide for affordable housing types such as apartments, townhouses,
condominiums, subdivisions and other compatible non - residential uses;
with a net density of at least 6 dwelling units per acre as the lowest
allowable single family density.
2.24 Multi- family dwelling units should not comprise more than 25% of the
total dwelling units in one development proposal.
2.25 Residential development should be located within walking distance of
transit stations, designated commercial centers, parks and recreational
areas, and other employment centers where appropriate.
2.26 Neighborhood centers allow a mix of commercial, professional office, day
care, and residential uses. Establishment of neighborhood centers
requires conditional use permit approval.
2.27 Establishment of mobile home parks requires conditional use permit
approval.
2.28 Commercial development should occur in nodes. Linear strips will be
discouraged.
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Approved by Whatcom County Council
February 27, 2018
2.29 Businesses in neighborhood centers will have their fronts located on
arterial or collector streets; or located adjacent to a public square or
neighborhood park; and be no less than one -half mile from an existing
or approved commercial center or other commercial use or zone.
2.30 Neighborhood centers should be visible and accessible to pedestrians
from the streets and clearly defined through lighting, landscape,
landmarks, and /or open space.
2.31 Parking for neighborhood centers will be located at the rear of the
buildings with access from alleys or side streets.
Commercial Designations
3.1 The Urban Fringe Subarea Plan provides two commercial zoning
designations in the Urban Growth Area, and addresses the needs and
opportunities for the City of Bellingham, the Urban Growth Area, and
larger regional area.
General Commercial
3.2 The General Commercial zoning designation is intended to provide a
broad range of retail goods and services that will benefit a large trade
area commensurate with demand. The designation also intends to
facilitate safe and efficient circulation systems, provide methods to
attain compatibility with surrounding noncommercial areas, and promote
site design that will efficiently use available commercial land. Building
design should take into account aesthetic and compatibility concerns.
Comparable City zoning for the General Commercial designation is
Commercial, Planned.
3.3 Locational Criteria
Areas appropriate for the General Commercial designation should conform to the
following criteria:
3.3.1 Parcels that are served by arterials and /or collectors.
3.3.2 Parcels that have the potential of being served by urban level of
service.
3.3.3 The designation should be located where there is a public need.
3.4 Whatcom County acknowledges existing patterns of commercial uses
within the Urban Fringe Subarea. To provide for additional future
commercial development, certain areas are designated General
Commercial allowing a range of commercial uses including sales and
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February 27, 2018
servicing of vehicles, mobile homes and boats; eating and drinking
establishments; professional offices, service and retail establishments;
commercial indoor and outdoor recreation; commercial wholesaling;
multi - family dwellings; and public uses that are necessary for the
function of the designation.
3.5 Ensure compatibility between General Commercial developments and
the surrounding residential areas by identifying performance and
development standards.
3.6 Encourage the location of new commercial development in proximity
to other existing commercial uses, or oriented to serve part of a planned
development.
Neighborhood Commercial
3.7 The primary purpose of the Neighborhood Commercial zone is to provide
convenience goods and services to the surrounding neighborhoods.
Neighborhood Commercial areas are generally located near residential
areas. Comparable City zoning would be Commercial, Neighborhood.
3.8 Locational Criteria
Areas suitable for the Neighborhood Commercial designation should conform
to the following criteria:
3.8.1 Parcels are served by arterials or collector streets. The designation
is centrally located to the neighborhood it would serve.
3.8.2 The designation does not exceed five (5) acres.
3.8.3 The designation is to be located on property where ownership
patterns and land parcelization is conducive for development.
3.9 The Neighborhood Commercial designation provides convenience goods
and services to surrounding neighborhoods of urban residential densities.
3.10 Ensure compatibility between neighborhood commercial developments and
the surrounding residential areas by identifying and applying performance
and development standards.
;Industrial and Airport Designations
4.1 The Urban Fringe Subarea Plan provides four industrial and airport
zoning designations: Heavy Impact Industrial, Light Impact Industrial,
Gateway Industrial, and Airport Operations in the Urban Growth Area.
These designations address needs and opportunities for the City of
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Approved by Whatcom County Council
February 27, 2018
Bellingham, the Urban Growth Area, and the larger regional area. Each
designation intends to meet a range of industrial needs.
Heavy Impact Industrial
Intent Statement:
4.2 The rationale of the Heavy Impact Industrial zoning designation in the
Urban Fringe Subarea is to acknowledge existing heavy industrial
uses situated in proximity to Bennett Drive, Marine Drive, and Roeder
Avenue; to endorse a diverse economic base; and to attain
compatibility between industrial activities and adjoining residential land
uses.
4.3 Locational Criteria
Areas appropriate for the Heavy Impact Industrial designation should
conform to the following criteria:
4.3.1 Parcels that are generally flat, well drained, with sufficient soil
bearing capacities.
4.3.2 Parcels within the existing Heavy Impact Industrial designation
with sufficient land to provide buffers to non - industrial uses.
4.3.3 Proximity to transportation corridors (including direct access to
identified truck routes not requiring the use of residential
streets) and opportunities for interconnecting transportation modes
(rail, truck routes, water and air) and urban services including
sewer, water, storm drainage, fire and police protection and labor
supply pools.
4.4 The Heavy Impact Industrial zoning designation takes advantage of
truck, rail, freeway, air and water transportation access as well as
proximity to potential labor pools. A full range of urban services should
be available to the heavy industrial areas including sewer, water, storm
drainage, and police and fire protection. Comparable City zoning is
Industrial, Planned. Commercial uses, that are not accessory to the
primary industrial use, will be prohibited.
4.5 It is the policy of Whatcom County to evaluate the short and long range
impacts to existing public facility, utility and transportation systems
resulting from industrial development. If it is determined that industrial
development will cause financial and physical impacts which exceed the
scheduled capital improvement programs of various systems, Whatcom
County will request industrial users to financially participate in the costs
of upgrading these systems.
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Approved by Whatcom County Council
February 27, 2018
4.6 Whatcom County should work with the City of Bellingham to manage and
improve direct truck access to and from the HII area which minimizes
truck traffic flows in adjacent and surrounding residential areas situated
in the county and city.
4.7 Whatcom County will encourage the appropriate governmental authorities,
including the Northwest Clean Air Agency, Department of Ecology and
Environmental Protection Agency, to monitor pollution control and
nuisance abatement. Whatcom County should assure that the design and
location of industrial development will include consideration of pollutant
sources and abatement methods, and critical areas which may be situated
in or in proximity to the industrial area. The location, development,
expansion and operation of industries should move toward minimizing
pollution of all forms and its impact on other areas.
4.8 When practical, Whatcom County encourages industrial operations to
take place within enclosed structures with the intent of minimizing
potential light, glare, odors and noise impacts to adjoining residential
uses.
4.9 Because the HII areas adjoin existing and planned residential areas
situated in Whatcom County and the City of Bellingham, it is
necessary to move toward obtaining mutual compatibility with these
residential areas. To obtain mutual compatibility, it is the policy of
Whatcom County to permit those existing uses and future uses which
will minimize hazards, pollution, nuisances and odors to surrounding
residential areas. The following uses will not be permitted in the Heavy
Impact Industrial zoning district in the Urban Fringe Subarea:
manufacturing and processing of asbestos and products derived
therefrom; petroleum refining and the primary manufacture of products
derived directly therefrom; primary manufacturing of rubber, plastics,
chemicals, paper, and primary metal industries.
4.10 With the intent of fostering and promoting compatibility with
surrounding residential land uses both in the county and the City of
Bellingham, it is the policy of Whatcom County to require industrial users
to provide a buffer which is situated on industrial land and adjoins the
residential areas. The buffer may alternately be provided off -site by
written agreement in the form of a deed restriction on the off -site parcel
that runs with the land and that is filed with the County Auditor. The off -
site buffer agreement will be written so that it may be revised or
rescinded in the event that land uses or zoning designations are changed
in such a way that the buffer is no longer necessary.
4.11 Because certain existing industrial users are located adjacent to
Bellingham Bay and use the shoreline or water transport for a portion of
their operation, it is the policy of Whatcom County to require
consistency with the Whatcom County Shoreline Management Program
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Approved by Whatcom County Council
February 27, 2018
for proposed industrial uses or the expansion of industrially related uses
which are proposed within the jurisdictional area of the Program.
Light Impact Industrial
4.14 The Light Impact Industrial zoning designation supplies a reasonable
amount of land for light impact industrial uses which are dependent upon
proximity to other industries; are dependent upon an urban labor supply;
will promote efficient public and private expenditure and will be
compatible with surrounding non - industrial areas. Comparable City zoning
is Industrial, Planned and /or Institutional.
4.15 Locational Criteria
Areas appropriate for the Light Impact Industrial zoning designation should
conform to the following criteria:
4.19.1 The Light Impact Industrial designation should consist of a number
of parcels of sufficient size to accommodate zoning and buffer
requirements. The buffer may be provided off -site by written
agreement in the form of a deed restriction on the off -site parcel
that runs with the land and that is filed with the County Auditor.
The off -site buffer agreement will be written so that it may be
revised or rescinded in the event that land uses or zoning
designations are changed in such a way that the buffer is no longer
necessary.
4.19.2 Parcels that are generally flat, well drained, with sufficient soil
bearing capacities. Areas of predominantly steep slopes, wetlands,
and other critical areas are not appropriate for Light Impact
Industrial zoning districts.
4.19.3 Proximity to major transportation corridors, international
transportation routes with all- weather access capability, and
proximity to urban services.
4.19.4 Sufficient land to provide buffers between industrial operations and
adjoining residential areas.
4.20 The Light Impact Industrial designation allows a range of uses related to
industries which do not emit smoke, glare, noise, vibrations, odors
and other nuisance factors which create unacceptable off -site impacts.
4.21 The area bounded by Slater Road, the Burlington - Northern railroad
tracks and Silver Creek has been annexed by the City of Ferndale.
Whatcom County will not permit expansion of the UGA in this area to
ensure protection of Silver Creek, maintain the rural character of the
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Approved by Whatcom County Council
February 27, 2018
surrounding area, and preserve a natural buffer area between the Cities
of Ferndale and Bellingham.
Gateway Industrial
Whatcom County's economy is significantly influenced by its proximity to
Canada and the large population in Vancouver, B.C., and this role is
anticipated to continue in the future. The I -5 corridor and the Bellingham
International Airport function as gateways into Whatcom County and the City
of Bellingham. It is through these gateways that travelers form their first
impressions of the community. To augment the positive impact of international
markets, it is desirable to provide a reasonable supply of land for a variety
of light industrial uses that would be attractive to travelers using the
major international traffic corridors.
Light industrial parks frequently are large land areas that are master planned
for aesthetic and functional compatibility, but can be composed of small tracts
of land in different ownerships, where industrial uses occur independently
but under overall design standards. To take advantage of the opportunity to
present a positive business image of Bellingham and Whatcom County to
travelers and because of the relatively small parcel sizes in the area,
standards for site, landscaping, building, and signage design are included in
the Gateway Industrial zoning text.
4.22 The Gateway Industrial designation is intended to provide
concentrated areas, located in proximity to major transportation corridors
that will present a favorable image of Bellingham and Whatcom County
to travelers. In addition, in areas immediately adjacent to full freeway
interchanges, uses that serves the traveling public are provided. The
designation intends to facilitate safe and efficient circulation systems,
provide methods to attain compatibility among mixed uses, and
promote site design that is visually compatible with surrounding
areas, including the Bellingham International Airport. Urban services
must be available and will be extended in an efficient and rational growth
pattern. Comparable Bellingham zoning is Industrial, Planned.
4.23 Locational Criteria
Areas suitable for the Gateway Industrial designation should conform to
the following criteria:
4.23.1 Proximity to major transportation corridors, Bellingham
International Airport, transportation routes with all- weather access
capability, and proximity to urban services.
4.23.2 Public water, sewer, on -site storm water drainage, and sufficient
fire and police protection should either be presently available or
should be feasibly provided during the planning period.
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Approved by Whatcom County Council February 27, 2018
4.23.3 Proximity to potential labor pool.
4.23.4 Sufficient land to provide buffers between industrial operations and
adjoining residential areas.
4.24 The Gateway Industrial designation should use limited areas having
industrial access and traveler visibility in a manner that promotes the
long range economic vitality of Bellingham and Whatcom County. Uses
should be directly related to the access opportunities, or in certain areas,
serve the traveling public.
4.25 The Gateway Industrial designation should enhance and maintain the
natural and economic resources of Bellingham and Whatcom County
through land use patterns that avoid linear strip development, while
providing for safe and efficient vehicular movement, by requiring that
individual sites are designed in a clustered or concentrated form of
development instead of lining the road frontage. In addition, site
design standards are contained within the zoning text to aid in the
compatibility of mixed uses and the visual harmony with the surrounding
areas.
Airport Operations
The Bellingham International Airport originated in 1940 as a single runway
and developed into a three - runway configuration in 1941 when the Army Corp
of Engineers supervised its construction with national defense funds. In 1947,
the airport transferred ownership from the federal government to Whatcom
County and in 1957 from the County to the Port of Bellingham.
The federal government recognizes Bellingham International Airport as an
integral part of the national aviation system and has supported development at
the airport over the years through a variety of programs and projects including
land acquisition; runway and taxiway construction and maintenance; lighting
systems; crash /fire /rescue building construction; airport planning and others
which have allowed the airport to expand and meet the traveling needs of a
growing population. The comparable City designation is Institutional.
4.26 The primary purpose of the Airport Operations zoning designation is to
provide sufficient area for existing and future regional airport
operations to serve the interest of Whatcom County. The District should
accommodate regional airport facilities and be served by adequate public
services. The District should provide uses related to the operation of an
airport. Other uses should be consistent with the Bellingham
International Airport Master Plan.
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Approved by Whatcom County Council
4.27 Locational Criteria
February 27, 2018
4.27.1 The Airport Operations (AO) District is located and implemented
consistent with the goals, objectives and policies of the Subarea
Plan.
4.27.2 The AO District should accommodate regional airport facilities and
be served by adequate public services.
4.28 Whatcom County and the City of Bellingham encourage the Port of
Bellingham to work closely with the Federal Aviation Administration to
comply with federal laws relating to airport noise and continue to
develop operational procedures to minimize noise generated by general
aviation activity at the airport.
4.29 Encourage buffer greenbelts around the Airport Operations (AO) District
to minimize impacts of noise generated by general aviation activities at
the airport.
4.30 Whatcom County and the City of Bellingham recognize the existing and
planned orientation of runways at the Bellingham International Airport.
To minimize hazard and nuisance adjacent to and in the vicinity of the
airport, land uses and densities should be compatible with airport uses.
4.31 Residential development is discouraged in the day -night average
sound level (Ldn) of 65+ noise exposure contours as mapped in the
Bellingham International Airport Master Plan. Builders are
encouraged to include adequate sound insulation for residential
structures located close to the airport.
4.32 Whatcom County will promote disclosure of airport noise through
implementation of WCC 8.34.
4.33 Encourage the City of Bellingham to adopt airport /land use compatibility
rules applicable to properties in the vicinity of the airport.
Recreation and Open Space
The primary purpose of the Recreation and Open Space zoning designation is to
ensure the continued public provision of a variety of services, optimizing public
investments, conserving recreation and open space resources and uses, and
promoting compatibility between public functions and surrounding land uses.
Comparable City zoning for the Recreation and Open Space designation is
Public.
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Approved by Whatcom County Council
IV. Urban Growth Area
February 27, 2018
A. Urban Growth Areas Defined
Under the Growth Management Act (GMA), cities and counties are required
to designate areas where urban growth is encouraged and areas where
urban development is discouraged. Urban growth, as defined by the GMA,
"refers to growth that makes intensive use of land for the location of
buildings, structures and impermeable surfaces to such a degree as to be
incompatible with the primary use of such land for the production of food,
other agricultural products, or fiber, or the extraction of mineral resources,
... (RCW 36.70A.030(19))."
The purpose of designating urban growth areas is to promote compact
urban development; ensure efficient use of land resources; and facilitate the
economic provision of urban services. Urban growth areas should include
areas and densities sufficient to provide for the urban growth that is
projected to occur in the next twenty years. Urban growth requires urban
levels of service, including: storm and sanitary sewer systems, domestic
water systems, transportation, fire and police protection, public transit,
schools, parks and other public utilities associated with urban areas.
Since the intent of the GMA legislation is to ensure concurrency of certain
facilities and services with projected growth and development, urban growth
should be located first in areas already characterized by urban growth.
These areas should have existing public facilities and service capacities to
serve the development of the area. Second, urban growth should be located
in areas that will be served by a combination of existing and planned public
facilities and services; and finally in areas adjacent to areas characterized
by urban growth, where adequate public facilities and services are not
presently available.
B. Factors Affecting Urban Growth Areas
Land use development in the City of Bellingham and adjacent urban areas is
the result of a variety of economic, social and physical variables. The
direction, type, and timing of growth are influenced by the topography,
environmental constraints, market conditions, the extension of services
including sewer and water, and the development of transportation systems.
The criteria used for evaluating Bellingham's urban growth areas are based
on an analysis and evaluation of the following:
GMA requirements;
2. Whatcom County Comprehensive Plan provisions relating to UGAs and
UGA Reserves;
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Approved by Whatcom County Council February 27, 2018
3. Population and employment projections;
4. Land supply needs for residential, commercial, industrial, and
recreational developments;
5. Urban service capacity, including sewer, water, and other
infrastructure;
6. Existing and proposed plans- recognizing consistency and
compatibility with existing local and regional policies including
County -wide Planning Policies and the City of Bellingham
Comprehensive Plan;
7. Protection of wetlands and associated systems, other critical
areas, and open space;
8. Impact on designated Resource Lands;
9. Existing land use; and
10. Requests for specific zoning by property owners.
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Approved by Whatcom County Council
February 27, 2018
V. Bellingham Ur n Fringe Subarea Planciing Area Ma
- Bellingham Urban Fringe Subarea
Bellingham Urban Fringe Subarea
3 :
Urban Growth Area " -' Af
✓r,%� Urban Growth Area Reserve = _ _
Incorporated City %OWVWP
IN
Approved by Whatcom County Council February 27, 2018
VI. Comprehensive Plan Amendments
The Urban Fringe Subarea Plan is a policy document that is used to guide the
land use decisions affecting both the private and public sectors of the
subarea. For the plan to function as an effective decision - making document, it
must be flexible enough to weather changes in public attitudes, developmental
technologies, economic forces, and legislative policy.
The plan envisions two general types of plan amendments, which will be
conducted in accordance with the County's Public Participation Plan. The first
type is a review conducted every eight years. The GMA requires a
periodic review of comprehensive plans every eight years to ensure that, among
other things, UGAs have sufficient area and densities to accommodate the
projected urban growth over the 20 -year planning period. In association with
this periodic review, new population and employment growth projections are
formulated, a land capacity analysis is conducted, capital facility plans are
updated, and UGA boundaries are reviewed. During the eight year review, the
City of Bellingham issues recommendations on whether or not to expand the
UGA. The County Council adopts updates to the Whatcom County
Comprehensive Plan, including any changes to the UGA boundaries. The Urban
Fringe Subarea Plan text, goals, and policies may be updated concurrent with or
after the Whatcom County Comprehensive Plan update. It is the responsibility
of both the Bellingham and Whatcom County Planning Commissions and
Planning staff as well as the people of the subarea to initiate and participate in
such a review.
The second type of amendment is that proposed by private property
owners. An individual or agency may propose an amendment to the plan.
Private applications for Comprehensive Plan amendments are processed in
accordance with the procedures in the Whatcom County Code. Plan
amendments proposed by either the public or private sector which would alter
or expand the Bellingham UGA require an amendment to the Whatcom
County Comprehensive Plan and are reviewed by both the City of Bellingham
and Whatcom County. The Bellingham City Council will issue a
recommendation prior to a final decision by the Whatcom County Council.
VII. Implementation
The policies in this Plan are implemented by the Whatcom County Zoning
Code and maps prior to annexation. After annexation, City of Bellingham
Comprehensive Plan policies and regulations will apply.
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Approved by Whatcom County Council February 27, 2018
Exhibit B
Whatcom County Comprehensive Plan Amendments
Amend the Bellingham Urban Growth Area section of the Whatcom County
Comprehensive Plan as follows:
Bellingham
Bellingham's Urban Growth Area (UGA) was first established in 1997 as a result of a
lengthy public involvement process. Three geographical areas comprise the City's
UGA: Bellingham's Northern UGA, the Geneva /Watershed Resource Protection UGA,
and the Yew Street UGA.
The Whatcom County Comprehensive Plan, along with the Urban Fringe Subarea
Plan, provides the policy framework for addressing the impacts and opportunities of
growth in Bellingham's UGA. Together, these plans address County zoning
designations, comparable City zoning upon annexation, land uses, development
standards and Transfer of Development Rights from the Lake Whatcom Watershed
to receiving areas in the UGA. They address a number of important objectives
related to plan development, public participation, land use, housing, density, the
natural environment, open space, parks, recreational opportunities, transportation,
utilities and other public services. Urban Fringe Subarea Plan updates will be made
in the context of the Growth Management Act planning goals, the Countywide
Planning Policies, the UGA goals and policies of the Whatcom County
Comprehensive Plan and Bellingham's Comprehensive Plan.
Goal 2U:
Evaluate every eight years or as necessary Bellingham's
Urban Growth Area to determine if the UGA is sufficient in
size to accommodate twenty year growth projections,
provide an adequate supply of affordable housing,
industrial, commercial and recreational development and
recognize historical development patterns and
commitments for service.
Policy 2U -1
Consider new data, research and public participation when
conducting the UGA review.
Policy 2U -2:
Periodically update procedures for joint city /county review of
development proposals in the UGA prior to annexation.
Policy 2U -3:
Work with Bellingham to identify and establish a system of
neighborhood parks, greenbelts and open space to serve the
urban growth area as it develops.
Policy 2U -4:
Review land supply analysis and consider appropriate urban
growth area boundaries consistent with the Growth Management
Act and Countywide Planning Policies.
Approved by Whatcom County Council February 27, 2018
Policy 2U -5: Review and update the interlocal agreement with Bellingham,
prior to expiration of the current interlocal agreement, to
provide for:
• Coordinated growth management and capital facility
planning;
• timing and provision of utility services and other urban
services;
• timing and procedures to be used for review of adequate
land supply;
• timing of annexations;
• revenue sharing formulas prior to and after annexation;
• development standards and regulations;
• joint City /County review of development proposals in the
UGA;
• affordable housing; and
• transfer of development rights within the City of Bellingham.
Policy 2U -6:
Whatcom County and Bellingham should continue to coordinate
protection and development within the Lake Whatcom
Watershed.
Policy 2U -7:
Whatcom County and Bellingham should designate receiving
areas within the City of Bellingham and its UGA for Transfer of
Development Rights from the Lake Whatcom Watershed.
Policy 2U -8:
The City and Whatcom County should designate appropriate
zoning and residential densities in Bellingham's UGA consistent
with Whatcom County's Comprehensive Plan and Bellingham's
Comprehensive Plan as amended.
Policy 2U -9:
Annexation should be considered prior to or concurrently with
the extension of City sewer and water and prior to urban
development. Annexations should be a logical extension of the
city boundaries and not create unincorporated islands.
Policy 2U -10:
The Geneva and Hillsdale areas, located within the Lake
Whatcom Watershed, are designated urban growth areas in
order to allow the City of Bellingham to annex these areas. The
City has a long -term interest in the water quality of Lake
Whatcom because the City is responsible for providing
Bellingham with safe drinking water from the Lake. Whatcom
County and the community also have long -term interests in the
watershed based upon the special environmental sensitivity of
the Lake Whatcom Watershed as a drinking water source and
the Total Maximum Daily Load (TMDL) findings requiring a
reduction of phosphorus inputs into the lake. Therefore, only
non -urban densities should be allowed in that portion of the
Urban Growth Area within the watershed.
2
Approved by Whatcom County Council
February 27, 2018
Amend the Urban Growth Area Reserve section of the Whatcom County
Comprehensive Plan as follows:
Bellingham Urban Area
The south Yew St. and the south Caitac areas have been designated as Urban
Growth Area Reserves. Prior to redesignating the south Yew St. area to UGA,
need for additional land capacity must be demonstrated, planning for
adequate public facilities and services must be completed, and potential
impacts on Lake Padden water quality must be addressed. Prior to re-
designating the south Caitac area to UGA, need for additional land capacity
must be demonstrated and planning for adequate public facilities and
services must be completed. UGA Reserve areas should retain rural zoning
until such time the unincorporated area is placed in the UGA.
3
Approved by Whatcom County Council
Exhibit C
Whatcom County Zoning Code Amendments
Urban Residential Inedium Density (URM) District
Amend the URM District (WCC 20.22) as follows:
20.22.665 Bellingham Urban Growth Area.
February 27, 2018
(1) The city of Bellingham's design and development standards and guidelines shall apply to all
development in the Bellingham Urban Growth Area.
20.22.669 Transfer of residential development rights.
The URM -24 zoning districts are receiving areas for transfer of development rights. (Ord. 2004 -021 § 1,
2004).
Approved by Whatcom County Council February 27, 2018
Urban Residential Mixed (UR -MX) District
Amend the UR -MX District (WCC 20.24) as follows:
20.24.050 Permitted uses
.052 Single- family attached dwellings; provided, that public sewer, water and, where identified by the
appropriate Comprehensive Plan policies, stormwater collection and detention facilities serve the site,
not more than four units are attached, and the number of dwelling units conforms to the density
requirements of the district.
20.24.130 Administrative approval uses.
.132 Duplex and multifamily 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 this section 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 multifamily dwelling units do not comprise more than 25 percent of the total dwelling
units allowed for the entire site.
(2) Duplex and multifamily dwelling units are constructed at the same time as, or after, at least 50
percent of the single - family units in an approved development.
(3) Multifamily development shall not be allowed within the UR -MX Zone located southeast of the
Bellingham International Airport.
20.24.653 Bellingham Urban Growth Area.
In the Bellingham Urban Growth Area, the city of Bellingham's design and development standards and
guidelines shall apply. (Ord. 2004 -021 § 1, 2004; Ord. 2001 -023 § 1, 2001; Ord. 97 -046 § 2, 1997).
20.24.700 Transfer of residential development rights.
.710 The UR -MX Zone Districts, with the exception of the UR -MX District located southeast of the
Bellingham International Airport, are receiving areas for transfer of development rights. (Ord. 2016 -035
§ 1 (Exh. A), 2016; Ord. 2004 -021 § 1, 2004; Ord. 2001 -023 § 1, 2001; Ord. 98 -083 Exh. A § 66, 1998; Ord.
97 -046 § 2, 1997).
Approved by Whatcom County Council February 27, 2018
Gateway Industrial (GI) District
Amend the "Permitted Uses" section of the Gateway Industrial District (WCC 20.65.050) as follows:
.055 The following uses within one - quarter mile of a freeway interchange; except, that where this
boundary divides a single parcel up to 10 percent of the area of a parcel that lies outside of this
boundary may be included within it for the purposes of lot coverage and open space provisions:
(1) Retail shops; provided, they do not exceed 10,000 square feet per shop in the Bellingham UGA. Retail
shops in other Gateway Industrial areas shown on that map may not exceed 35,000 square feet per
retail shop.
(2) Tourist information centers.
(3) Post offices.
(4) Repair garages, and towing services when based at a service station.
(5) Banks and /or bank machines.
(6) Hotels and motels.
(7) Indoor or outdoor commercial recreational facilities.
20.65.400 Height limitations.
Maximum building height shall not exceed 35 feet; except, that an additional foot in height is allowed
for each one -foot increase in setback in the yard adjoining the interstate highway up to 45 feet in the
Bellingham Urban Growth Area. Height of structures, where applicable, shall also conform to the general
requirements of WCC 20.80.675. (Ord. 2016 -035 § 1 (Exh. A), 2016; Ord. 2013 -057 § 1 (Exh. A), 2013;
Ord. 99 -040 § 1, 1999; Ord. 99 -033 § 1, 1999).
20.65.450 Site design.
In the Bellingham UGA, individual sites shall be designed in a clustered or concentrated form of
development instead of lining the road frontage. (Ord. 2016 -035 § 1(Exh. A), 2016; Ord. 99 -040 § 1,
1999).
Approved by Whatcom County Council
20.65.550 Buffer area.
February 27, 2018
When a parcel situated within this district adjoins an Urban Residential Medium Density District, side
and rear yard setbacks shall be increased to 25 feet. In the Bellingham UGA, buffer areas shall be
increased to 100 feet for commercial or industrial projects which exceed 5,000 square feet of floor area
in one building or complex or generate more than 50 vehicle trips per day. Said area shall be landscaped
consistent with the requirements of WCC 20.80.345. Use of buffer areas and setbacks for bicycle and
pedestrian trails is encouraged. (Ord. 2016 -035 § 1 (Exh. A), 2016; Ord. 99 -040 § 1, 1999; Ord. 99 -033
§ 1, 1999; Ord. 89 -117, 1989).
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Approved by Whatcom County Council February 27, 2018
Li ht Impact Industrial LII District
Amend the "Administrative approval uses" section of the Light Impact Industrial District (WCC 20.66.130)
as follows:
.131 An adult business enclosed within a building, when located in a city's urban growth area; provided,
that:
(1) The building that contains the adult business and signs relating to the business are not within 1,000
feet of any of the following:
(a) The outside boundary of any parcel that already contains a public school, private school, or day care;
(b) The outside boundary of any parcel that already contains a church or other house of worship;
(c) An existing public park;
(d) The outside boundary of any parcel that already contains a public library;
(e) A residential or rural zoning district (including Urban Residential, Urban Residential Medium Density,
Urban Residential- Mixed, Residential Rural, Rural one dwelling /two acres, Rural one dwelling /five acres,
and Rural one dwelling /10 acres and residential zones within the city limits);
(f) Interstate 5 or a state highway; or
(g) The outside boundary of any parcel that already contains another adult business.
(2) Directional signs permitted under WCC 20.80.470 are not subject to the 1,000 -foot buffer of
subsection (1) of this section.
(3) Adult businesses are prohibited within the Light Impact Industrial Zone located southeast of the
Bellingham International Airport and north of Alderwood Avenue.
(4) An adult business shall not sell, provide or allow performances, films, publications, or other activities
that are prohibited by state law or county ordinance.
(5) Planning and development services shall send a notice of the proposal to all owners of property
within 1,000 feet of the external boundaries of the subject property at least 15 calendar days prior to
the decision date. Public notice shall be published in the newspaper of record at least five calendar days
prior to the decision date. This is in addition to the requirement of WCC 20.84.235(2). (Ord. 2016 -035
§ 1 (Exh. A), 2016; Ord. 2001 -038 § 2, 2001).
Approved by Whatcom County Council
February 27, 2018
Amend the 'Prohibited uses" section of the Light Impact Industrial District (WCC 20.66.200) as follows:
.203 In the Bellingham Urban Growth Area the following uses are prohibited: petroleum refinery and the
primary manufacturing of products thereof, primary manufacturing and processing of rubber, plastics,
chemicals, paper, asbestos and products derived thereof, and primary metal industries. (Ord. 2016 -011
§ 1 (Exh. L), 2016; Ord. 99 -078, 1999; Ord. 99 -070 § 2, 1999).
Amend the 'Performance standards" section of the Light Impact Industrial District (WCC 20.66.700) as
follows:
20.66.708 Appearance.
New facilities developed in the Bellingham Urban Growth Area shall be designed, constructed, operated,
and maintained so as to be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity, and such uses shall not change the essential character of the same
area. (Ord. 99 -078, 1999).
Approved by Whatcom County Council February 27, 2018
Neavy Impact Industrial (IIZ District
Amend the "Permitted uses" section of the Heavy Impact Industrial District (WCC 20.68.050) as follows:
.064 Uses allowed in the Light Impact Industrial Zone as permitted uses, WCC 20.66.100, shall be
permitted outright within the Heavy Impact Industrial District in the Bellingham UGA.
Amend the "Conditional uses" section of the Heavy Impact Industrial District (WCC 20.68.150) as follows:
.152 Uses allowed in the Light Impact Industrial zone as permitted uses, WCC 20.66.100, subject to the
following:
(1) Outside of the Bellingham Urban Growth Area, approval shall be supported by a finding by the
hearing examiner that allowing the use will not limit the supply of land available to meet the demand for
future heavy industrial uses.
(2) Filing of a deed restriction acknowledging that heavy industrial uses are the preferred uses in the
zone and agreeing not to protest proposed heavy industrial uses allowed in the zone in accordance with
Chapter 20.68 WCC, and to refrain from legal action against any heavy industrial use in compliance with
the regulations of WCC Title 20 and any conditions of approval which might have been proposed.
Amend the "Prohibited uses" section of the Heavy Impact Industrial District (WCC 20.68.200) as follows:
.203 In the Bellingham Urban Growth Area the following uses are prohibited: petroleum refinery and the
primary manufacturing of products thereof, primary manufacturing and processing of rubber, plastics,
chemicals, paper, asbestos and products derived thereof; and primary metal industries. (Ord. 2016 -011
§ 1 (Exh. L), 2016; Ord. 99 -078, 1999; Ord. 99 -070 § 2, 1999; Ord. 91 -075, 1991).
Amend the "Buffer area" section of the Heavy Impact Industrial District (WCC 20.68.550) as follows:
.552 To implement the buffer requirements of this district, minimum setbacks for heavy industrial
buildings and accessory structures shall be established consistent with the following options:
(1) If a planting screen is not provided by the industrial user and no natural vegetative screening exists,
the minimum setback(s) shall be 660 feet, as measured from the edge of the district boundary. The
setback area may be used for security roads, parking, or open space.
(2) If natural sight- obscuring and dense vegetation exists, the minimum setback(s) shall be 250 feet, as
measured from the district boundary; provided, that a minimum width of 50 feet of natural vegetation is
retained. The remainder of the setback(s) may be used for security roads, parking, or open space.
Approved by Whatcom County Council
February 27, 2018
(3) If a 50 -foot buffer planting screen is established, pursuant to WCC 20.80.345, the minimum
setback(s) shall conform to the setback requirements of WCC 20.80.200, as measured from the district
boundary. In addition, security roads may be situated within the minimum buffer setback; provided, that
the 50 -foot wide buffer planting is established.
(4) When a parcel situated within this district is located within the Bellingham Urban Growth Area and
adjoins an Urban Residential District or residential district within the city limits, setbacks for heavy
industrial buildings and /or uses shall be increased to 100 feet and landscaped in accordance with the
requirements of WCC 20.80.345.
(5) In no case shall the northern and western boundaries of the Cherry Point Heavy Industrial area not
contiguous to another industrial zone be less than 660 feet, nor the natural vegetation removed except
for parking and security or protective uses in accordance with Heavy Impact Industrial Policy 1.05 of the
Cherry Point - Ferndale Subarea Comprehensive Plan.
Amend the "Performance standards" section of the Heavy Impact Industrial District (WCC 20.68.700) as
follows:
20.68.708 Appearance.
New facilities developed in the Bellingham Urban Growth Area shall be designed, constructed, operated,
and maintained so as to be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity, and such uses shall not change the essential character of the same
area. (Ord. 99 -078, 1999).
8