HomeMy WebLinkAboutord2018-035strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018 -177
CLEARANCES
Initial
Date
Date Received in Council Of
face
Agenda Date
Assigned to:
Originator:
M.A.
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P &D Committee
Matt W. Aamot
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Introduction
Division !-lead:
Mark Personius
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Council - Hearin g
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Dept. Ifead:
Mark Personius
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Prosecutor:
Royce Buckingham
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Executive:
Jack Louws
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TITLE OF DO U NT:
Amend the Point Roberts and Wiser Lake LAMIRD requirements in the Whatcom County Zoning Code (WCC
20.80.100(1)).
ATTACHMENTS:
1. Memorandum
2. Draft Ordinance with Exhibit A
3. Planning Commission Findings
4. Draft Planning Commission Minutes
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 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.)
The Whatcom County Council will consider:
(1) Proposed amendments to the Point Roberts LAMIRD requirements of the Whatcom County Zoning
Code (WCC 20.80.100(1)) that would to allow "Auto /Equipment Repair," where permitted by the
underlying zoning classification, and set maximum building sizes for this use.
(2) Proposed amendments to the Wiser Lake LAMIRD requirements (WCC 20.80.100(1)) that would
allow "Manufacturing /Fabrication," where permitted by the underlying zoning classification, and set
maximum building sizes for this use.
COMMITTEE ACTION:
COUNCIL ACTION.
6/5/2018: Approved motion to recommend recommendation
6/5/2018: Introduced 6 -0, Sidhu absent
from the Planning Commission to the Council
6/19/2018: Adopted 6 -0, Browne absent, Ord. 2018 -035
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
County Planning File #
PLN2018 -00007
Ord. 2018 -035
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.
5 -16 -2018
PROPOSED BY: Planning & Development Services
INTRODUCTION DATE: June 5, 2018
ORDINANCE NO.
2018 -035
ADOPTING AMENDMENTS TO
THE POINT ROBERTS AND WISER LAKE
LAMIRD REQUIREMENTS
WHEREAS, The Whatcom County Planning Commission held a public hearing
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 amends the Whatcom County Zoning Code (Title 20)
by:
a. Modifying the Point Roberts LAMIRD requirements (WCC 20.80.100(1)) to
allow "Auto /Equipment Repair," where permitted by the underlying zoning
classification, and set maximum building sizes for this use; and
b. Modifying the Wiser Lake LAMIRD requirements (WCC 20.80.100(1)) to
allow "Manufacturing /Fabrication," where permitted by the underlying
zoning classification, and set maximum building sizes for this use.
2. A Determination of Non - Significance was issued by the SEPA Responsible
Official on April 10, 2018.
3. The Planning Commission held a public hearing on the subject amendments
on April 26, 2018.
4. Pursuant to WCC 20.90.050, proposed zoning code amendments are
evaluated for consistency with the Whatcom County Comprehensive Plan.
Page 1 of 5
Growth Management Act
5. The Growth Management Act authorizes counties to allow "limited areas of
more intensive rural development" (LAMIRDs) in the rural element of a
comprehensive plan (RCW 36.70A.070(5)(d)).
6. The Growth Management Act states, with regard to LAMIRDs, "Any
development or redevelopment in terms of building size, scale, use, or
intensity shall be consistent with the character of the existing areas..."
(RCW 36.70A.070(5)(d)(i)(C)). An existing area or existing use is one that
was in existence on July 1, 1990 (RCW 36.70A.070(5)(d)(v)(A)).
Whatcom County Comprehensive Plan
7. The Whatcom County Comprehensive Plan map designates the Point Roberts
LAMIRD as a Rural Community.
8. The Whatcom County Comprehensive Plan map designates the Wiser Lake
LAMIRD as a Rural Community.
9. Whatcom County Comprehensive Plan policies include:
Policy 233-1: Areas designated as Rural Communities shall meet the criteria
stated in this chapter and the requirements of RCW
36.70A.070(5)(d)(i), which describes limited areas of more
intensive rural development consisting of the infill,
development, or redevelopment of existing commercial,
industrial, residential, or mixed use areas, including necessary
public facilities and public services to serve the limited area.
Policy 2JJ -4: Within the Rural Communities, encourage adequate economic
development to provide current and future residents'
employment needs, and provide rural residents places to shop,
eat, and access to public services.
Policy 231-5: Within Rural Communities development or redevelopment in
terms of size, scale, use, or intensity shall be consistent with the
character of the area on July 1, 1990.
Policy 2JJ -7: Land uses within Rural Communities, except for industrial uses,
should be principally designed to serve the existing and
projected rural population.
Point Roberts LAMIRD
10. The Whatcom County Zoning Code's "LAMIRD Requirements" establish
maximum floor area per building and maximum combined floor area for all
buildings (WCC 20.80.100(1)).
Page 2 of 5
11. The Point Roberts LAMIRD provisions of WCC 20.80.100(1) currently do not
specify square footage limitations for "Auto /Equipment Repair" because no
such businesses, existing as of 1990, were identified when the LAMIRD
Requirements were adopted.
12. Whatcom County issued building permit # 1496 at the Point Roberts Marina
in 1981 for a yacht service building (foundation only), which included "boat
repair and sales."
13. Whatcom County issued Building Permit # 2444 for "Completion of yacht
service bldg" in 1981.
14. Whatcom County issued building permit # 1783 for "Marine Retail Sales &
Boat Service Bldg" in 1982.
15. Whatcom County issued building permit # 3987 for interior work on the
yacht service building in 1983. Exhibit A of the permit states that approved
uses included a boat repair shop. The site plan associated with this permit
shows that the yacht repair & service occupied approximately 6,732 square
feet (about 4,148 was inside the building and the remaining 2,584 was a
covered area attached to the building).
16. The Point Roberts Marina Resort's VP Development e- mailed the County on
March 28, 2018, providing three documents:
a. A letter from the VP Development stating that the Point Roberts Marina
opened in the early 1980s and that there have been five different tenants
that have occupied the boat service space since opening.
b. A 1982 "License Agreement" allowing a company to use parking spaces at
the Point Roberts Marina. The exhibit attached to the 1982 License
Agreement shows the parking area, but also shows "Yacht Repair &
Service" in a portion of the existing building.
c. A 2016 "Commercial Lease" for general boat repair services including
engine repairs, painting, structural repairs and modification, and
maintenance in approximately 7,000 square feet in the existing building.
17. The automotive and equipment repair category in the Zoning Code may
include marine service and repair (i.e. WCC 20.59.054, 20.61.054, and
20.62.051).
18. The boat service and repair business started in the early 1980s and continues
on the site today.
19. Since the boat repair business, which may come under the auto /equipment
repair category, existed in the Point Roberts LAMIRD in 1990, the use may
be inserted in WCC 20.80.100(1).
Page 3 of 5
Wiser Lake LAMIRD
20. The Whatcom County Zoning Code's "LAMIRD Requirements" establish
maximum floor area per building and maximum combined floor area for all
buildings (WCC 20.80.100(1)).
21. The Wiser Lake LAMIRD provisions of WCC 20.80.100(1) currently do not
specify square footage limitations for "Manufacturing/Fabrication" because no
such businesses, existing as of 1990, were identified when the LAMIRD
Requirements were adopted.
22. Whatcom County Planning and Development Services issued a "Verification
on Nonconforming Use" in 1998 (File # NON98- 00002). This Verification was
for manufacturing /fabrication uses on Lot 1 of the Scholten Short Plat, 7157
Guide Meridian, which is within the Wiser Lake LAMIRD.
23. An e -mail from Whatcom Land Use Consulting, LLC dated March 23, 2018
states that a total of 6,368 square feet of the buildings on the site was used
for manufacturing /fabrication businesses in 1990.
24. Since manufacturing /fabrication use existed in the Wiser Lake LAMIRD in
1990, it may be inserted in WCC 20.80.100(1).
CONCLUSION
The Whatcom County Zoning Code amendments are consistent with the
Comprehensive Plan.
Page 4 of 5
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Zoning Code (Title 20) are
hereby adopted as shown on Exhibit A.
Section 2. Adjudication of invalidity of any of the sections, clauses, or
provisions of this ordinance shall not affect or impair the validity of the
ordinance as a whole or any part thereof other than the part so declared to be
invalid.
ADOPTED this 19th day of
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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APPROVED as If0flM, 10%
Civil D Prosecutor
June , 2018.
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Rud Browne, Chairperson
Approved () Denied
Date:
Page 5 of 5
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A!
Exhibit A
20.80.100 LAMIRD requirements.
(1) Building Size in Rural Communities. Within areas designated in the Comprehensive Plan as rural
community, which are limited areas of more intensive development as described in RCW
36.70A.070(5)(d)(i), permitted maximum building sizes shall be in accordance with building sizes that
existed in each area on July 1, 1990, as shown in the following table.
Maximum floor area per building, in square feet
(Maximum combined floor area for all buildings, in square feet)
Auto/
Retail /Office /Restaurant/
Storage/
Public/
Equipment
Lodging
Warehouse
Repair
Community
Manufacturing /Fabrication
Acme
2,734
2,070
17,784
(2,734)
(2,070)
(21,896)
Axton &
4,800
2,160
Guide
Meridian
(4,800)
(2,160)
Birch Bay-
2,784
Lynden &
V.V.
(3,684)
Cain Lake
2,060
2,473
(2,060)
(4,825)
Custer
3,968
3,300
46,451
(3,968)
(3,300)
(46,451)
Deming
11,790
2,400
1,392
30,099
(18,757)
(2,400)
(1,392)
(79,512)
Maximum floor area per building, in square feet
(Maximum combined floor area for all buildings, in square feet)
Auto/
Retail /Office /Restaurant/
Storage/
Public/
Equipment
Lodging
Warehouse
Repair
Community
Manufacturing /Fabrication
Diablo
513
10,872
(513)
(10,872)
Glacier
3,500
3,150
(7,888)
(3,150)
Hinotes
6,636
1,500
19,856
Corner
(9,036)
(1,500)
(19,856)
Kendall
7,000
3,340
(7,000)
(3,340)
Laurel
10,700
10,260
21,950
17,670
(11,000)
(10,260)
(63,360)
(23,590)
Lu m m i
7,800
7,280
Peninsula
(18,540)
(7,280)
Maple
8,020
4,620
8,822
Falls
(8,020)
(4,620)
(10,082)
Newhalem
3,218
4,810
16,284
(3,218)
(12,981)
(28,924)
Nugents
18,221
31240
Corner
(19,499)
(3,240)
Maximum floor area per building, in square feet
(Maximum combined floor area for all buildings, in square feet)
(2) Within areas designated in the Comprehensive Plan as rural community, a public community facility
that serves a predominantly rural area may exceed the maximum floor area and maximum combined
floor area given for public /community uses in subsection (1) of this section, subject to a conditional use
permit per WCC 20.84.200.
Auto/
Retail /Office /Restaurant/
Storage/
Public/
Equipment
Lodging
Warehouse
Repair
Community
Manufacturing /Fabrication
Point
34,704
3,286
6,732
11,246
Roberts
(34,704)
(3,286)
(6,732)
(11,246)
Pole &
6,400
4,548
4,000
Guide
Meridian
(6,400)
(5,556)
(4,000)
Sandy
11428
Point
(1,428)
Smith &
5,866
5,900
9,600
22,042
Guide
Meridian
(7,068)
(5,900)
(17,100)
(22,042)
Sudden
6,348
30,140
Valley
(10,320)
(44,945)
Van Wyck
3,480
1,904
(3,480)
(1,904)
Wiser
24,690
11,222
2,130
6,368
Lake
(24,690)
(12,374)
(2,130)
(6,368)
(2) Within areas designated in the Comprehensive Plan as rural community, a public community facility
that serves a predominantly rural area may exceed the maximum floor area and maximum combined
floor area given for public /community uses in subsection (1) of this section, subject to a conditional use
permit per WCC 20.84.200.
(3) Within areas designated in the Comprehensive Plan as rural business, which are limited areas of
more intensive development as described in RCW 36.70A.070(5)(d)(iii), new nonresidential uses are
subject to a maximum building size of 7,000 square feet, except in the Birch Bay - Lynden /1 -5 area where
new nonresidential uses are subject to a maximum building size of 12,000 square feet, which is
considered "small- scale" relative to existing uses in that area. For buildings in which nonresidential uses
existed on July 1, 2012, building size expansion to no greater than 8,000 square feet is permitted, except
in the Birch Bay - Lynden /1 -5 area, where building size no greater than 20,000 square feet is permitted.
(4) Within a rural business designation, a larger building size for new nonresidential development is
permitted if a conditional use permit is granted per WCC 20.84.200. A conditional use permit for a larger
building size shall be subject to a finding that:
(a) The larger building size will not cause the need for additional public facilities to be provided in the
area;
(b) The proposal is consistent with the Comprehensive Plan policies regarding the rural business
designation; and
(c) The proposed small -scale business conforms to the rural character of the area. (Ord. 2015 -048 § 1
Exh. A, 2015; Ord. 2012 -032 § 2 Exh. B, 2012).
4