HomeMy WebLinkAboutord2020-056strike'
Whatcom County
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
.
Agenda Bill Master Report
File Number: A82020-445
File ID:
AB2020-445
Version: 1
Status: Adopted
File Created:
10/13/2020
Entered by: CStrong@co.whatcom.wa.us
Department:
Planning and
File Type: Ordinance Requiring a Public Hearing
Development Services
Department
Assigned to:
Council
Final Action: 11/10/2020
Agenda Date:
11/10/2020
Enactment#: ORD 2020-056
Primary Contact Email: cstrong@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting amendments to Whatcom County Code 20.72, Point Roberts Special District
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to Whatcom County Code 20.72, Point Roberts Special District
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
10/27/2020 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 Elenbaas
Absent: 0
11/10/2020 Council ADOPTED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay: 0
Absent: 0
Attachments: Staff Report, Proposed Ordinance, Exhibit A - Code Amendments, Exhibit B Zoning Map, Exhibit
C - PRCAC 20.72 Minutes Discussion, Exhibit D - O'Brien comments
Whatcom County Page 1 Printed on 1111212020
ORDINANCE NO.
2020-056
PROPOSED BY:
INTRODUCTION DATE
ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE CHAPTER 20.72, POINT ROBERTS SPECIAL
DISTRICT
WHEREAS, the Point Roberts Community Advisory Committee has proposed amendments to
Whatcom County Code Chapter 20.72, Point Roberts Special District; and,
WHEREAS, The Whatcom County Council reviewed and considered Planning Commission
recommendations, staff recommendations, and public comments on the proposed amendments; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. Whatcom County Planning and Development Services has submitted, on behalf of the Point Roberts
Community Advisory Committee, an application to make various amendments to Whatcom County
Code (WCC) 20.72 (Point Roberts Special District).
2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on April 3, 2020.
3. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on September 9, 2020.
4. The Point Roberts Community Advisory Committee discussed these amendments in 27 public
meetings over a two and a half year period. The PRCAC heard from members of the community in
person at these meetings and through e-mail correspondence. PRCAC's at -large members reached
out to Point Roberts for feedback outside the meetings. In addition the 3 member groups Chamber
of Commerce, the Point Roberts Taxpayers Association and the Point Roberts Registered Voters
Association all held multiple public meetings regarding 20.72 changes.
5. The Planning Commission held a duly noticed public hearing on the proposed amendments on
October 8, 2020.
6. The County Council held a duly noticed public hearing on the proposed amendments on November
10, 2020.
7. The amendments are consistent with Comprehensive, and in particular the Point Roberts Subarea
Plan.
8. In addition to simplifying and clarifying some of the language of 20.72, the amendments would:
Allow permitted businesses in the Small Town Commercial district to have up to two on -site
storage containers as an accessory use (WCC 20.72.102(1)), and more through a conditional use
permit (WCC 20.72.154(4), and add setback standards for them (WCC 20.72.350(3)).
b. Allow hotels, motels, and timeshare condominiums in the Small Town Commercial district as a
conditional use (in addition to the Resort Commercial district, which is already allowed). (WCC
20.72.154(1))
Page 1 of 2
c. Allow kennels for kenneling up to 6 animals when associated with an animal groomer as a
conditional use. (WCC 20.72.154(2))
d. Allow RV parks in the Small Town Commercial as a conditional use. (WCC 20.72.154(3))
e. Repeal the larger, 40-foot setback along Roosevelt Road (though the underlying zones' standard
setbacks would still apply) (WCC 20.72.350(1)
f. Allow a 10-foot setback throughout the Small Town Commercial district, not just along Gulf
Road (WCC 20.72.350(2))
g. Make the maximum building height of 45 feet apply throughout the Small Town Commercial
district, not just along Gulf Road. (WCC 20.72.401)
h. Add measurable standards to the existing screening requirements for trash and utility areas of
commercial and institutional uses (WCC 20.72.653(a)) and for vehicle storage areas. (WCC
20.72.653(b))
i. Allow some flexibility as to where businesses' parking lots area located in the Small Town
Commercial district. (WCC 20.72.659(a))
CONCLUSIONS
1. The amendments to the development regulations are the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A.
Section 2. Staff is authorized to work with Code Publishing to correct and update any cross-
references made ineffective by these amendments.
ADOPTED this 10th day of November , 2020.
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APPROVED as,to form:.
Approved by Chris Quinn via email / LB
Civil Deputy Prosecutor
B rry ucha an, Council Chair
Approved ( ) Denied
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Date:
Page 2 of 2
Exhibit A: WCC Chapter 20.72 Point Roberts Special
District
20.72.010 Purpose.
Point Roberts is a unique area of Whatcom County because of its relatively small size, its mixed
development character, its relative isolation and the constraints on normal growth patterns caused by
the impact of access only via an international border crossing. This geographic isolation from the
remainder of Whatcom County complicates the direct application of other zone districts within this title.
Point Roberts is considered a limited area of more intense rural development, being clearly bounded by
the border and marine environment. However, within these boundaries are zoning districts allowing a
variety of development intensities. Proposed changes in uses or lots, and new proposed uses, must be
consistent with rural land use as set forth in the Comprehensive Plan.
The Point Roberts Special District is an overlay zone which imposes additional controls and creates
opportunities not available in the underlying zone districts to fit the needs of Point Roberts. This district
is designed to protect the rural character of Point Roberts while allowing opportunities for community
growth and self-reliance.
20.72.020 Application.
20.72.022 Area and applicability.
The Point Roberts Special District is an overlay zone which covers the entire geographic area of Point
Roberts. Any regulations contained herein which are more restrictive than those in the underlying zone
districts or in the Shoreline Management Program shall apply. Opportunities, or lesser restrictions, shall
also override the requirements of the underlying zone. However, if the provisions of this chapter conflict
with the provisions of the Shoreline Management Program, then the most restrictive shall apply.
20.72.030 Review of Permit Applications by the Point Roberts Community Advisory Committee.
(1) The Point Roberts Community Advisory Committee (PRCAC) is a local body advisory to Whatcom
County through the office of the Whatcom County Executive and of the Whatcom County
Council.
(2) The pertinent purpose of the PRCAC, as it relates to development permits, is to examine
commercial and institutional permit applications in the Point Roberts subarea and make
recommendations to Whatcom County planning and development services as to their
compliance with this chapter and consistency with the Point Roberts design guidelines.
(3) Upon receipt of a permit application, planning and development services will forward the
application to the PRCAC for review and comment. Permit applications are to be promptly
examined by the PRCAC and a determination made, with or without recommendations, within
30 days of receipt of the application.
(4) Planning and development services will consider all pertinent comments received by the PRCAC
prior to issuing a decision on the permit.
20.72.050 Permitted Uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter. In addition, the following uses are permitted:
051 In the Resort Commercial Districtre Zone.,
DLBed and breakfast establishments and bed and breakfast inns...
20.72.100 Accessory uses.
,101„All accessory uses permitted as accessojr_usesin the underlying zon-ing districts are permitted as
accessory uses.
.102 In the Small Town Commercial District:
(1) No more than two storage containers. or other similar temporary storage units per lot if
accessory to an approved commercial use on the same lot.
(2) Accessory vehicles shall be limited to two per each approved commercial use on a lot. The
outdoor storage of contractor equipment or fleet vehicles shall not be permitted as accessory
uses.
20.72.130 Administrative approval uses.
All administrative approval uses in the underlying zone districts are permitted except as expressly
prohibited or made conditional, or further conditioned by this chapter. In addition, the following uses
are permitted subject to administrative approval pursuant to WCC 20.84.235:
.135 One private, noncommercial, recreational vehicle or park model trailer and one accessory guest RV
per lot; provided, that the following minimum requirements and standards are met and/or followed:
(1) All recreational vehicles that remain on the site for more than 14 consecutive days shall be
connected to a permitted on -site sewage system or public sewer.
(2) Maximum length of stay of any recreational vehicle on a lot shall not exceed 120 days per
calendar year; provided, that no accessory guest RV shall remain on the subject lot for more
than 14 consecutive days or more than 30 days total per calendar year.
(3) All recreational vehicles shall be screened from neighboring properties not using RVs and from
public roads. Such screening may consist of landscaped buffer areas, native vegetation or a
fence.
(4) Lots shall not be leased or rented out on a daily or overnight basis for recreational use.
(5) Accessory structures are limited to one personal storage building no larger than 200 square feet.
(6) The locations of parked RVs on vacant lots shall observe normal building setback standards for a
single-family residence.
(7) All recreational vehicles shall be supported by their own wheels or camper jacks, and not be
fastened to accessory structures. Placement of a recreational vehicle on a foundation or
removal of the wheels of a recreational vehicle, except for temporary purposes for repair, is
prohibited.
20.72.150 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly
prohibited by this chapter. In addition, the following uses shah-enlymay be conditionally permitted:
.151 In the Resort Commercial District:
44 Hotels,
..1+I of `�.Tto—Ul I d �n tin �n h�r� n�1 m' me
T
marina.
1 Dr boat story e includin stacked boat story e and boat trailer story e associated with a
marina.
.152 In the Rural District:
provisions set forth iRof WCC 20.36.1589 (Rural District, Conditional Uses).
44.(2)Private commercial recreation facilities and clubs.
.153 In the R5A Zone located west of the Point Roberts Marina and east of Marine Drive, an air park
facility/subdivision and commercial activities incidental to aviation facilitie ; provided, that:
(1) The proposed air park will comply with national, state, and local aviation regulations and safety
standards; and
(2) Residential development shall be subordinate to the primary airstrip operations; and
(3) An air park shall include a 50-foot vegetated buffer between the proposed facility/subdivision
and adjacent parcels; provided, that the required buffer may be reduced or eliminated where
such a buffer might otherwise interfere with site access; use of the airstrip and/or taxi way(s);
health and safety of air park residents, visitors or operators; and/or FAA regulations. Any open
space reserve tract(s) associated with the proposed air park shall be exempt from the buffer
requirements of this section; provided, that the open space reserve tract establishes a minimum
distance of 50 feet between the air park facility/subdivision and adjacent parcels; and
(4) If a proposed subdivision, binding site plan, or short subdivision is located adjacent to an existing
airstrip, the developer and any subsequent purchasers or successors in interest shall agree to
refrain from any legal action to restrain or collect damages from the owners or users, or from
Whatcom County, arising out of normal operation or use of the airstrip. The agreement shall
appear as a covenant or deed restriction upon the plat, tract or instrument of conveyance and
shall run with the land.
mmerci@l fl'�+r C ry 3t7�at �t%ra e r2£ l iikg stac��
storage asso-ciated with a marina:
.154 In the Small Town Commercial District
...�....._......__...............__._._._.___._..__..._.._._............_.....__...._._.._........_.............�_...__.._......__......_.___._....__.._............. _......___._........._._.__.___._..__._.____............___..._.........._.__..___....__...........
1 Hotels motels and timeshare condominiums.
(2 Animal kennels for kennelin u to 6 animals and that are associated with an animal roomer.
........).................................._......................................................._...................................._..._>�......_.p........................... ....._..............._......_...—.........._........_.........................................................................._........................... g..............__...._........._..
[3LAdditie aal rRecreational vehicle parks meeting the requirements of WCC 20.880.950 (Mobile home and
recreational vehicle park standards).,
(4) Up to three storage containers or similar temporary storape units per lot if accessory_to an
approved commercial use on the same lot.
20.72.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited:
.201 Service stations in all zones, except expansion of existing service stations by adding additional
pumps or hose dispensers.
.202 The following uses are prohibited in the Resort Commercial Zone District in the Maple Beach area
of Point Roberts:
(1) Rooming houses.
(2) Taverns.
(3) Commercial parking lots or garages.
.204 The following uses are prohibited in the Small Town Commercial Zone District --along Oulf Road
(1) Mini storage facilities.
(2) Animal kennels net associated with a veterinary practice, except as allowed pursuant to WCC
20.72.154(2).
(3) Facilities for commercial rental, sale, storage, service, repair, or washing of Nlmotorized vehicles
and equipment, motorcycles, marine vessels or equipment, farm implements, light and heavy
equipment, or recreational vehicles service, repair, washing facilities Gerrirriei:ei ,l storage F
safe.
�54(4)_,--Cemete ries.
20.72.250 Minimum lot size.
.251 Where the cluster subdivision option is used to protect a critical area:
(1) A parcel size reduction of five percent may be granted where average parcel size (except the
reserve tract) is less than 10,000 square feet; or
(2) A parcel size reduction of 10 percent may be granted where average parcel size (except the
reserve tract) is 10,000 square feet; or
(3) More of a reduction may be granted only if the resultant lots are able to meet the applicable
development standards of this title and other county ordinances, including setbacks and
minimum reserve tract area.
20.72.260 Maximum density.
.261 Except as modified by this chapter, all residential densities in the Rural General Commercial, Small
Town Commercial and Resort Commercial Zones shall not exceed 10 units per acre.
.262 For the purpose of developing an air park facility only, the parcels zoned R5A that are located west
of the Point Roberts Marina and east of Marine Drive, including the airstrip property, may be developed
as a cluster development at a maximum density of one dwelling unit per acre.
20.72.270 Subdivision requirements.
.271 Lands within the Rural Zone District in Point Roberts shall be exempt from the provisions of the
Agriculture Protection Overlay District, Chapter 20.38 WCC.
121
20.72.350 Building setbacks/buffer areas. (Adopted by reference in WCCP Chapter 2.)
(1) Building setbacks along Tyee Drive re increased to 50 feet-awU.d4-feel
In existing treed areas along Tyee Drive awl-,Q � �, a 50-foot,140 feet
vegetative buffer comprised of existing trees shall be maintained for visual or aesthetic
purposes except for necessary ingress and egress points. In epeR non -treed areas a 50-foot/40--
foot planted buffer shall be developed as part of the normal landscape requirements for site
development.
Within the Small Town Commercial Zoneai sa,.;-ski Road, commercial, institutional, and mixed
use building setbacks shall be reduced to 10 feet. Buildings oriented towards the street edge
shall be encouraged and the front of buildings shall be designated for landscaping and
pedestrian traffic.
{2}(3) In the Small Town Commercial district any storage containers or other similar temporary
storage units accessory to a permitted business shall be set back 50 feet from any adiacent
right-of-way.
44) _The provisions of WCC 20.64.353 (Building setbacks, Resort Commercial District) shall
not apply to single-family residences in the Resort Commercial District at Point Roberts.
20.72.400 Height limitations.
.401 The maximum building height within the Small Town Commercial Zone a -Is uff- Pad -shall be 45
feet. Height of structures shall also conform to the view corridor provisions of WCC 20.72.654 and the
general requirements of WCC 20.80.675.
.402 The maximum building height in all other zones shall be 25 feet unless further restricted by the
Whatcom County Shoreline Management Program. Height of structures shall also conform to the
general requirements of WCC 20.80.675 where applicable.
.403 Through the variance process established in Chapter 20.84 WCC, the maximum building height for
any use outside of the Small Town Commercial Zone may be increased to 45 feet under the following
conditions:
(1) The resultant higher structure will not unreasonably impede views from other properties any
more than would a similar structure of the same mass which conforms to the 25-foot maximum
building height.
(2) Building setbacks pursuant to this chapter and WCC 20.80.200 shall be increased by one foot for
each foot of building height in excess of 25 feet as applicable to all setbacks.
20.72.650 Development criteria.
20.72.651 Facility design. (Adopted by reference in WCCP Chapter 2.)
(1) All commercial and institutional use structures shall be consistent with the Point Roberts design
guidelines, which are herein adopted by reference as an addendum to this chapter.
(2) All commercial and institutional structures shall screen roof -mounted mechanical equipment so
as not to be visible by surrounding uses or roads.
5
20.72.652 Archaeological resources.
(1) Applicability. This section shall apply to regulated development activities within 500 feet of all
known archaeological sites, including all recorded sites listed with the Washington State Office
of Archaeology and Historic Preservation. The provisions of this section shall also apply to any
archaeological resources that are inadvertently discovered in association with regulated
development activities pursuant to this title; provided, that the provisions of this section may be
waived if the technical administrator determines that the proposed development activities do
not include any ground -disturbing activities and will not impact a regulated archaeological
resource.
(2) Archaeological Resource Protection.
(a) Upon receipt of application for a development permit on properties within 500 feet of a site
known to contain archaeological resources, the department shall require an archaeological
resources site assessment. The site assessment shall be conducted by a professional
archaeologist at the expense of the applicant or project proponent to determine the
presence of significant archaeological resources.
(b) If the archaeological resources site assessment identifies the presence of significant
archaeological resources, an Archaeological Resource Management Plan (ARMP) shall be
prepared by a professional archaeologist. The professional archaeologist shall solicit
comments from the Washington State Office of Archaeology and Historic Preservation,
Lummi Nation Historic Preservation Office, and Nooksack Tribe. Comments received shall be
incorporated into the conclusions and recommended conditions of the ARMP to the
maximum practicable.
i. An ARMP shall contain the following minimum elements:
(A) The purpose of the project, an examination of project on -site design alternatives,
and an explanation of why the proposed activity requires a location on, or access
across and/or through, a significant archaeological resource; and
(B) A description of the archaeological resources affected by the proposal; and
(C) An assessment of the archaeological resource and an analysis of the potential
adverse impacts as a result of the activity; and
(D) An analysis of how these impacts have been avoided; or
(E) Where avoidance is not possible, how these impacts have been
mitigated/minimized; and
(F) A recommendation of appropriate mitigation measures, which may include but are
not limited to the following:
1. Recording the site with the State Office of Archaeology and Historic
Preservation;
2. Re -interment in the case of grave sites;
3. Covering the site with a nonstructural surface to discourage pilferage (e.g.,
maintained grass or pavement);
4. Excavation and recovery of resources;
5. Inventorying prior to covering of resources with structures or development; and
6. Monitoring of construction excavation.
The recommendations and conclusions of the ARMP shall be used to assist the technical
administrator in making final administrative decisions concerning the presence and
extent of archaeological resources and appropriate mitigating measures. The technical
administrator shall consult with the Washington State Office of Archaeology and Historic
Preservation, Lummi Nation Historic Preservation Office, and Nooksack Tribe prior to
approval of the ARMP.
iii. The technical administrator may reject or request revision of the conclusions reached in
an ARMP when the technical administrator can demonstrate that the assessment is
inaccurate or does not fully address the archaeological resource management concerns
involved.
(c) Within 15 days of receipt of a complete development permit application in an area of known
archaeological resources, the county shall notify and request a recommendation from
appropriate agencies such as the Whatcom Museum, Western Washington University
Anthropology Department, the Office of Archaeology and Historic Preservation, the Lummi
Nation Historic Preservation Office, and Nooksack Tribe. Recommendations of such agencies
and other affected persons shall be duly considered and adhered to whenever possible and
reasonable. Notification shall include the following information:
i. The date of application, the date of notice of completion for the application, and the
date of the notice of application;
ii. The date, time, place, and type of the hearing, if applicable, and scheduled at the
date of notice of the application;
iii. A site map including the street address, tax parcel number, township, range, and
section of the proposed project area;
iv. A description of the proposed project action and a list of the project permits
included in the application, and, if applicable, a list of any studies requested by the
county;
V. The identification of other permits not included in the application to the extent
known by the county;
vi. The identification of existing environmental documents that evaluate the proposed
project and, if not otherwise stated on the document providing notice of
application, the location where the application and any studies can be reviewed;
vii. Any other information determined appropriate by the county;
viii. A statement indicating those development regulations that will be used for project
mitigation or a determination of consistency if they have been identified at the time
of notice;
ix. A statement of the limits of the public comment period, the right of each agency to
comment on the application within a 15-day time period, receive notice of and
participate in any hearings, request a copy of the decision once made, and to appeal
a decision when allowed by law. In addition, the statement shall indicate that any
agency wishing to receive personal notice of any hearings must notify the hearing
examiner's office within 15 days of the date of the notice of application.
VA
(d) In granting development permits, the county may attach reasonable conditions to provide
sufficient time and/or conditions for consultation with the Washington State Office of
Archaeology and Historic Preservation, Lummi Nation Historic Preservation Office and
Nooksack Tribe, and to assure that valuable information and materials are properly
protected, or for appropriate agencies to contact property owners regarding purchase or
other long-term arrangements. Provision for the protection and preservation of
archaeological sites shall be incorporated to the maximum extent possible.
(3) Inadvertent Discovery.
(a) Whenever historic, cultural or archaeological sites or artifacts of potential significance are
discovered in the process of development, work on that portion of the development site
shall be stopped immediately and the find reported as soon as possible to the county.
(b) The administrator shall then notify the Washington State Office of Archaeology and Historic
Preservation, Lummi Nation Historic Preservation Office, Nooksack Tribe and other
appropriate agencies and shall request that an immediate site assessment be conducted by
a professional archaeologist pursuant to subsection (2)(a) of this section to determine the
significance of the discovery. If a positive determination is not received within 14 days of
receipt of such request, or if a negative determination is received, such stopped work may
resume.
(c) On receipt of a positive determination of the site's significance, the administrator may
invoke the provisions of subsection (2)(b) of this section.
20.72.653 Landscaping, screening, and tree canopy retention. (Adopted by reference in WCCP Chapter
2.)
In addition to compliance with all other requirements of this title and other titles of the Whatcom
County Code, development activities shall be subject to the following provisions:
(1) Landscaping.
(a) Where possible the removal of existing vegetation should be minimized in areas that
possess a natural beauty.
(b) Special efforts shall be made to preserve existing stands of healthy trees throughout the
area proposed for development.
(c) Long expanses of fencing should be broken up by the use of landscaping.
(d) The practice of monoculture shall be avoided. Plantings should have variety in their design.
(e) Attention should be given to the growth rate of the planting materials used and how they
will relate to the site in the future.
(2) Screening.
Laj_Dumpster and utility areas of commercial and institutional useskausiesses o�otl�e is
buildings shall be„screened_pu_rsu_a_nt._to_WCC..20._80,355. (Trash or garbage collection storage
areas — Screening and placement),
and--stored-Commercial storage of vehicles,J
trailers or truck containers in commercial
.._..._._...�...._...._..............__..__.._...._._._--------
are -a -,-shall be screened from public rights-of-wav and adjacent, properties to a height of 6
feet, using earth berms, landscaping or building wall, or living 1,,(i.e., fabricated wall with
vertical living vegettion).
(3) Tree Canopy Retention.
(a) Permit Required for Removal of Trees. No person shall remove, directly or indirectly, any
tree canopy on any property within the Point Roberts subarea without first obtaining a tree
removal permit unless the activity is exempted below:
(i) Pruning and maintenance of trees of up to 25 percent of the existing tree canopy.
(b) In the RC, RGC, and STC Districts, existing tree canopy areas (as defined by the dripline of
the tree(s)) may be used to meet all or part of the open space requirements of this title. If
existing tree canopy areas do not fully satisfy the minimum open space requirements of the
applicable zone district, the remainder of the required open space shall be subject to the
landscaping requirements established in WCC 20.80.300.
(c) In the RR, TZ, and R Districts:
i. Residential Development.
(A) Lots less than one-half acre may remove 100 percent of the existing tree canopy
on site; provided, that 30 percent of the pre-existing tree canopy shall be
replanted.
(B) Lots greater than, or equal to, one-half acre shall retain 30 percent of the existing
tree canopy area on a lot. Trees may be removed within areas to be cleared for
purposes of a building site, driveways, parking areas, and areas to be landscaped,
but such areas shall not exceed 5,000 square feet or 70 percent, whichever is
greater, of the total lot area.
(C) On lots greater than one acre, no more than 50 percent of the existing tree
canopy area shall be removed.
ii. Commercial, institutional and recreational development may use existing tree canopy
areas to meet all or part of the landscaping requirements of this title.
(d) The following criteria shall be used to determine which tree canopy areas are to be
prioritized for retention:
i. Stands of mature native trees;
ii. Trees on sensitive slopes, on lands classified as having landslide hazards, or high
erosion hazards, as defined under the critical areas ordinance;
iii. Trees within critical areas or their associated setback and/or buffer areas as defined
under WCC Title 16 or 23; or
iv. Trees with significant habitat value as identified by a qualified wildlife biologist or by
the technical administrator, per WCC Title 16.
(e) A 200-meter protective buffer of existing trees and vegetation shall be maintained around
the Heronry.
(f) Buffering which that recognizes the need for safety and the unique features of Lily Point
shall be required on 4)-& Lily Point. No development shall take place in such areas.
(g) The county shall require that tree canopy areas to be retained are identified on a site plan
and clearly flagged, or delineated, on the site. A tree canopy area retention plan must
accompany a project or clearing permit application and be approved by the technical
07
administrator before clearing activity takes place. The plan shall contain the following
components:
A scaled drawing identifying the following:
(A) North arrow;
(B) Property boundaries;
(C) Existing structures;
(D) Site access;
(E) Tree canopy areas to be removed;
(F) The outer dripline of tree canopy areas to be retained;
(G) Critical areas including, but not limited to, slopes, wetlands, and habitat
conservation areas;
(H) Protection measures to be utilized for areas that will be undisturbed; and
(1) Areas to be replanted pursuant to subsection (3)(i) of this section;
ii. A planting schedule that indicates the time frame for replanting of trees as applicable;
and
iii. Provisions for maintenance and monitoring.
(h) Prior to any land clearing activity or development activity, any tree canopy areas designated
for retention shall be delineated by temporary fencing, tape, or other indicators around the
outer dripline of the trees. Temporary fencing, tape, or other indicators shall be clearly
visible and shall be maintained for the duration of the proposed clearing or development
activity. Any tree canopy areas designated for retention shall be field verified by the
technical administrator before clearing activities begin. Trees within canopy areas
designated for retention shall not be damaged by clearing, excavation, ground surface level
changes, soil compaction, or any other activities that may cause damage of roots or trunks.
Machinery, impervious surfaces, fill and storage of construction materials shall be kept
outside of the dripline of tree canopy areas designated for retention.
(i) Tree canopy areas may be removed when limited to those canopy areas affected under the
following circumstances:
i. Fire prevention methods when supported by the county fire marshal;
ii. Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and
determination by a licensed arborist or forester may be required);
iii. Encroachments where the trunk, branches or roots would be, or are, in contact with
main or accessory structures; or
iv. Where installation and/or maintenance of roads or utilities would unavoidably require
removal or cut through the root system.
(j) In the event that tree canopy areas in excess of the applicable threshold must be removed
to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two
replacement trees shall be planted for every tree removed. Replacement trees shall:
i. Be of the same, or similar, native species as those trees removed from the site;
ii. Be planted to re-establish tree clusters where they previously existed, or to enhance
protected tree clusters;
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iii. Be planted in locations appropriate to the species' growth habitat and horticultural
requirements; and
iv. Be located away from areas where damage is likely.
(k) If any trees within canopy areas designated for retention are damaged or destroyed through
the fault of the applicant, agent or successor, the applicant, their agent or successor shall
restore the site pursuant to a restoration plan approved by the county.
(1) The county may require a bond or other security in an amount not to exceed 125 percent of
the merchantable timber to guarantee retention of existing trees within designated tree
canopy areas during construction. In the event of a dispute between the landowner and the
county over the established value, an assessment will be made by a professional forester or
arborist whose selection will be made by mutual agreement between the county and the
landowner. The fee for the services of the professional forester or arborist shall be paid by
the landowner or responsible party. In the event any trees designated to be retained are
removed, the county shall require that sufficient trees be replanted to replace those
previously in existence. In the event that replanting does not occur, the county may
enforce upon any bond posted. Each tree removed or destroyed shall constitute a separate
violation.
20.72.654 Site design/view corridors. (Adopted by reference in WCCP Chapter 2.)
Scenic views and open space shall be considered in all developments and the site plan designed to
ensure view access is maximized while maintaining reasonable use of the development site.
20.72.655 Public restrooms and trash facilities.
A►I new and redeveloped commercial establishments on Point Roberts that are open to the public shall
make adequate provision for trash disposal and handicapped -accessible public restrooms.
Establishments with less than four employees on premises at one time may utilize a unisex facility.
Commercial complexes may provide common restrooms and/or trash disposal, or two or more
establishments in one commercial area may jointly provide for such facilities, subject to appropriate
agreements or covenants to ensure the facilities are available and properly maintained. Dumpsters
within commercial areas shall be screened from public view using landscaping or building walls.
20.72.656 Vehicular access.
Driveways and curb cuts shall be minimized along all collector roads. Each existing lot shall be allowed
only one driveway or curb cut; adjacent lots are encouraged to share access points. In new
developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads,
with limited access to collector roads. These access points should normally not be closer than 400 feet
apart.
20.72.657 Non -vehicular access.
(1) Commercial development or redevelopment of any parcel along Tyee Drive, Gulf Road, Marine Drive
and APA Road shall be required to install appropriate street improvements along the road frontage
of the parcel which may include curbs, gutters, sidewalks, boardwalks, benches, lighting, and
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appropriate provisions for bicycle and equestrian facilities in accordance with applicable
Comprehensive Plan policies, land use regulations and current road standards. Planting of street
trees along the road frontage(s) of the subject parcel shall be required. These requirements may be
waived if a local improvement district, road improvement district, or transportation benefit district
is formed for the purpose of providing the aforementioned improvements.
(2) Commercial development of any parcel along a collector street shall require a no -protest agreement
to participate in a local improvement district, road improvement district, or transportation benefit
district.
20.72.658 Drainage.
All development activity within Whatcom County shall be subject to the stormwater management
provisions of WCC 20.80.630, Stormwater and drainage, unless specifically exempted. No project permit
shall be issued prior to meeting the stormwater management requirements.
20.72.659 Parking.
Parking shall conform to the requirements of WCC 20.80.500 unless otherwise specified in this section.
Within the Small Town Commercial Zone:
(1) Parking lots shall be provided e4y-at the rear or side of buildings, except, when infeasible due to
site conditions, alte,Er ate on -site lqa,rI<ing locations may be allowed.
(2) New parking lots shall connect with existing parking facilities and allow for connection to future
lots where applicable.
(3) Minimum parking standards may be reduced if a shared parking agreement has been filed with
the County Auditor's office establishing a shared parking lot for land uses with noncompeting
hours of operation, or for multitenant retail and commercial facilities; provided, the parking lot
is not located further than 700 feet from any of the uses it is intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land use with the
highest parking demand.
(b) Mixed use development with similar operating hours may be required to submit a parking
demand study to determine if parking can be combined.
(4) Minimum parking standards along Gulf Road may be reduced to the minimum required
emergency, ADA, and/or service parking only; provided, that it can be demonstrated that a
public benefit parking area or other similar consolidated parking concept will adequately serve
the proposed use.
(a) A parking demand study shall be submitted which determines whether all land uses
intending to utilize the consolidated parking area will be adequately served.
(b) Pedestrian walkways connecting the proposed use with a consolidated parking area shall be
provided.
20.72.670 Signs and flag poles.
(1) Signs in the Small Town Commercial (STC), Rural General Commercial (RGC), Rural Industrial
Manufacturing (RIM), and Resort Commercial (RC) Zones are permitted subject to the provisions
of WCC 20.80.410 and 20.80.470, and subject to the following:
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(a) Not more than one freestanding sign is permitted on a lot of record, and a freestanding sign
shall have no more than two sign faces. Freestanding signs shall not exceed 12 feet in height
and shall not exceed 40 square feet in area per sign face.
(b) Not more than 10 square feet of sign area per sign face may be internally illuminated.
Characters within the internally illuminated sign area shall be no larger than
six inches tall. Signs may be externally illuminated.
(c) Single -faced signs placed on walls or eaves of business establishments shall not exceed a
total of 40 square feet per business establishment.
(d) Signs shall not rotate or otherwise be in motion, and copy or pictures on the sign shall not
flash, scroll, or display a video or animated image.
(e) For purposes of this section, any sign erected or existing as of July 1, 2016, that has a valid
permit from the department, but does not conform with the provisions of this section, is a
nonconforming sign. A nonconforming sign may be maintained only by painting or
refinishing the surface of the sign face or sign structure so as to keep the appearance of the
sign as it was when the prior permit was issued. Any structural or other substantial
maintenance to a nonconforming sign shall render the prior permit void and shall result in
the reclassification of such sign as an illegal sign. Where there are conflicts between this
section and Chapter 20.83 WCC, the provisions of this section shall prevail.
(2) Flag Poles.
(a) The height of flag poles shall not exceed 20 feet.
(b) Flag poles on top of buildings shall not exceed 10 feet above the roof top.
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