HomeMy WebLinkAboutres2022-011Whatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2022-145
File ID: AB2022-145 Version: 1 Status: Substitute Approved
File Created: 02/22/2022 Entered by:
Department: File Type: Resolution
Assigned to: Council Planning and Development Committee Final Action: 03/08/2022
Agenda Date: 03/08/2022 Enactment #: RES 2022-011
Primary Contact Email: maamot(ui)co.whatcom.wa.us<mailto:maamot(ci�cg.whatcom.wa.us>
TITLE FOR AGENDA ITEM:
Resolution docketing Comprehensive Plan and Development Regulation amendments
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The Whatcom County Code indicates that proposed comprehensive plan and development regulation
amendments are to be docketed by the County Council. Planning and Development Services is
forwarding a proposed resolution so that Council can determine which amendments to docket for
further review.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
03/08/2022 Council Planning and Development SUBSTITUTE
Committee RECOMMENDED FOR
APPROVAL WITH
PROPOSED
AMENDMENT(S)
Aye: 3 Donovan, Elenbaas, and Galloway
Nay: 0
Absent: 0
03/08/2022 Council SUBSTITUTE APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 3/9/2022
Agenda Bill Master Report Continued (AB2022-145)
Attachments: Staff Memo, Draft Resolution with Exhibit A, Exhibit A - Revised, Revised Resolution and Exhibit A
for 3.8 Action
Whatcom County Page 2 Printed on 31912022
Docket, 3/8/2022
Proposed by: Planning & Development Services
Introduction date: March 8, 2022
RESOLUTION NO. 2022-011
DOCKETING COMPREHENSIVE PLAN
AND DEVELOPMENT REGULATION AMENDMENTS
WHEREAS, the Growth Management Act (RCW 36.70A.470) requires the County to
consider the proposed docket of comprehensive plan and development regulation amendments
on at least an annual basis; and
WHEREAS, the provisions of WCC 22.10.020 indicate that Comprehensive Plan and
development regulation amendments are to be docketed for review by approval of a resolution by
the County Council; and
WHEREAS, the Whatcom County Planning and Development Services Department has
forwarded a docket of proposed Comprehensive Plan and development regulation amendments
to the County Council for consideration.
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby
dockets for formal review the amendments shown on attached Exhibit A.
APPROVED this 8th day of March
ATTEST��
r.
Dana Brow} his, C�&rk of the Council
APPROVED AS TO FORM:
Is/Royce Buckingham
Civil Deputy Prosecutor
2022.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
bdd Donovan, Council Chair
EXHIBIT A — Docket
PLN2022 Capital Whatcom Amend the capital facilities element of the Whatcom County -wide
-00001 Facilities County County Comprehensive Plan, including updating the
Planning (CIP list of special district plans adopted by reference
2023-2028) (Chapter 4) and adopting a new Six -Year Capital
Improvement Program for 2023-2028 (Appendix F).
PLN2022 Countywide Whatcom Amend the Countywide Planning Policies (CWPPs) N/A
-00002 Planning Policy County by adding a new section relating to Countywide
Amendments Planning Policy Amendment Procedures. The
CWPPs are inserted into Appendix C of the
Whatcom County Comprehensive Plan.
PLN2022 Whatcom Whatcom Review and revise the Whatcom County Zoning
-00003 County Code County Code and other sections of the County Code to
Amendments implement Comprehensive Plan policies and/or
address issues identified in the administration of the
codes. Revisions needed to achieve consistency
with the Growth Management Act may also be
considered.
N/A
N/A
N/A
N/A
PLN2022 Capital Whatcom Amend the capital facilities element of the Whatcom N/A N/A
-00004 Facilities County County Comprehensive Plan by revising the existing
Planning (CIP Six -Year Capital Improvement Program for 2021-
2021-2026) 2026 (Appendix F). Two repair and mitigation
projects would be added to the Parks, Trails, and
Activity Centers Chapter.
PLN2022
Cherry Point
Whatcom
Review and, if necessary, revise county code and
Cherry Point Area
N/A
-00005
Shoreline
County
the Comprehensive Plan to protect, enhance, and
Access
Council
expand public access to shorelines of Cherry Point.
The review should include but not be limited to
planning to facilitate the development of the Coast
Millennium Trail, land swaps, development
mitigation allowances, easements, and land
purchases.
PLN2022
Lake Whatcom
Whatcom
Amend the Whatcom County Code to allow for an
Lake Whatcom
N/A
-00006
Watershed
County
exemption to seasonal clearing activity closures in
Watershed
Seasonal
Council
the Lake Whatcom watershed for trail maintenance
Closure
and limited trail construction under certain
Exemption
circumstances.
PLN2021
Battery Energy
NextEra
Amend the Whatcom County Zoning Code by
N/A
No
-000001
Storage
Resource
adding a definition of Battery Energy Storage
Systems
Development,
System (BESS) and modifying the definition of
LLC
Public Utility (WCC 20.97), amending the Rural
zone to allow BESS as a conditional use and
increase lot coverage for BESS (WCC 20.36), and
adding BESS as a conditional use in the Public
Utilities chapter WCC 20.82
PLN2021
TDR Receiving
LA Robertson
Amend the Whatcom County Comprehensive Plan,
Chuckanut Crest Dr
No
-00002
Area
Farms, Inc.
Zoning Text, and /or Zoning Map to designate
(no address) and
approximately 23.77 acres, zoned Rural one
1571 Chuckanut Dr
dwelling/five acres (R5A), as a transfer of
Parcel #'s
development rights receiving area pursuant to WCC
370318 085165 and
20.89.051. A maximum of 3 development rights
370318 092230
would be transferred from the Lake Whatcom
Watershed to the subject site.
1
File #ie
Name-,
"Applicant
. Description_
ocation
Fee Waiver
Requested?,
PLN2021
Wireless
Whatcom
Review and update the Zoning Code provisions
N/A
N/A
-00005
Communication
County
relating to Wireless Communication Facilities (WCC
Facilities
20.13) to ensure consistency with Federal rules.
PLN2021
Bellingham
Whatcom
Amend the Whatcom County Comprehensive Plan by
North of the
N/A
-00007
UGA Expansion
County
expanding the Bellingham Urban Growth Area (UGA)
Bellingham City
(Council
on 339 acres (the site is currently designated as UGA
Limits and west of
Member
Reserve). Rezone this land to Urban Residential -
the Guide Meridian
Kershner)
Mixed (URMX) and commercial zoning.
(State Route 539)
PLN2021
Lake Whatcom
Whatcom
Amend the Lake Whatcom Watershed Overlay
Lake Whatcom
N/A
-00008
Watershed
County
District (WCC 20.51) and the definition of
Watershed
Overlay District
(Council
significant tree (WCC 20.97.436.4) to improve
Amendments
Member
compliance with the Total Maximum Daily Load by
Donovan)
further reducing phosphorus loading impacts from
development and improve tree protection
measures.
PLN2021
Forest Practices
Whatcom
Transfer of regulatory jurisdiction of certain forest
N/A
N/A
-00014
Transfer of
County
practices from the State Department of Natural
Jurisdiction
Resources to Whatcom County.
PLN2019
MRL Expansion
Concrete
Amend the comprehensive plan designation from
Parcel #
No
-00002
- Breckenridge
Nor'West
Rural to Mineral Resource Lands (MRL) and amend
400428 165430 and
Rd.
the zoning map to expand a MRL overlay zone on
a portion of parcel #
approximately 22.8 acres off Breckenridge Rd., east
400428 254460;
of Nooksack. The underlying zoning is Rural one
Within the NW 1/4 and
dwelling/five acres (R5A).
NE'/a of section 28,
T40N, R4E, W.M.
PLN2018
Wind Energy
Whatcom
Review and, if needed, revise WCC 20.14 Wind
N/A
N/A
-00008
System
County
Energy Systems.
Amendments
Planning
Commission
PLN2017
MRL County-
Whatcom
Through a county -led countywide assessment, seek
County -wide
N/A
-00004
wide
County
to identify and designate potential commercially
Designation
significant mineral resource lands, to meet future
Process
demand, compatible with water resources,
agricultural lands, forest lands and other GMA goals
pursuant to Comprehensive Plan Policy 8R-1.
PLN2016
Sign
Whatcom
Review and revise Whatcom County Code
N/A
N/A
-00009
Regulations
County
20.80.400 (Sign Regulations), including updating
Update
the code for consistency with the U.S. Supreme
Court's decision in Reed v. Town of Gilbert (2015),
PLN2014
Vacation Rental
Whatcom
Amend Whatcom County Code Title 20 (Zoning) &
N/A
N/A
-00020
Regulations
County
Title 23 (Shoreline Management Program) to allow
PLN2016
vacation rentals under certain conditions as a use
-00011
within certain zones and shoreline designations.
PLN2015 Code Whatcom Create a new Whatcom County Code (WCC) N/A N/A
-00003 Enforcement County Chapter 22.15, called "Code Compliance
Amendments Procedures" to establish an efficient system to
address enforcement of building, critical areas and
zoning codes. The proposal would consolidate the
existing code enforcement provisions from WCC 15,
16.16, and 20 into a new WCC 22.15. The proposed
amendments include provisions that would allow
the County to record a document at the Whatcom
0
Auditor's office indicating that there is a code
violation on a property.
PLN2014 Weddings and Whatcom Amend the Whatcom County Zoning Ordinance to N/A N/A
-00016 Special Events County allow "Weddings and Special Events" in specific
zone districts through a conditional use permit.
Amend WCC 20.97 to define "Special Events" and
amend the parking space requirements in WCC
20.80.580.
PLN2012 Agricultural Whatcom Resolution 2018-027 was approved by the County Proposal relates to N/A
-00007 Strategic Plan County Council on 8/8/2018 declaring support for the Agricultural and
Implementation updated Whatcom County Agricultural Strategic Rural lands
Plan. Immediate priorities in this plan include
reviewing designation of Agricultural Lands of Long-
term Commercial Significance and the agricultural
zoning code. Reviewing the Rural Study Areas as
listed in the 2007 Rural Land Study and making
recommendations for possible changes in
accordance with Resolution 2009-040 (100,000
acre target), Resolution 2018-027 (Updated
Agricultural Strategic Plan) and RCW 36.70A.170
and .177 will be included. Other short-term and
medium -term priorities in this plan include
development of policies and regulations that
provide for protection of the best agricultural areas
while supporting development at zoned densities
and continued work on development of the Natural
Resource Marketplace. These activities may lead to
proposed changes to the agricultural portions of the
Comprehensive Plan and zoning regulations.
PLN2012 MRL Expansion Ferndale Amend the comprehensive plan designation from Parcel # N/A
-00009 - North Star Ready Mix & Rural to Mineral Resource Lands (MRL) and amend 390110 212100;
Rd. Gravel the zoning map to expand a MRL overlay zone on Within the SW 1/a of
approximately 19.7 acres on the west side of North section 10, T39N,
Star Rd., south of Brown Rd. The underlying zoning R1E, W.M.
is Rural one dwelling/five acres (R5A).
I