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Home My WebLink Aboutres2022-011strike• Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 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 c co.whatcom.wa.us <maiIto: maamot c co.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: 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 Sent To: 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 ��t�l�!^al9€Bt9BBBf�f ATTESS s u r . ,y\1\T Ctea 'o _ "Outll ®a. in a a Dana Brow 0d'Vis; Cl6Wof the Council APPROVED AS TO FORM: Is/Royce Bucking Civil Deputy Prosecutor 2022. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON -'A bdd DonoJan, Council Chair EXHIBIT A — Docket Capital Whatcom Amend the capital facilities element of the Whatcom County -wide 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 FJ— N A LN2022 Countywide Planning Policy Whatcom County Amend the Countywide Planning Policies CWPPs) N/A N/A 00002 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. LN2022 Whatcom County Code Amendments Whatcom County Review and revise the Whatcom County Zoning N/A N/A 00003 Code and other sections of the County Code to 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. Capital Whatcom Amend the capital facilities element of the Whatcom N A 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 N/A Cherry Point Whatcom Review and, if necessary, revise county code and Cherry Point Area 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 N2022 Lake Whatcom Whatcom Amend the Whatcom County Code to allow for an Lake Whatcom D006 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 N/A N/A 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. IIj, TEMWAT. - =1 - WAW 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. 1A/'VY' lateen Angendments 6A/YQ n"Qa"teeng N/A and ether oc,c GvoiiNi Plan ei ic.,iioivc identified it the a dffiinisaFatien of the .-e des 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. ,11 - • - w iv. 1NWJ A" ULFSUW LN2021 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. w.�,a,-lsT Pa; eel Fees Paod reRg e. aI V-& 2891 27 45601 c Rezone gehnsen 3801 27 455009. Within thlTT'the SE 'A o see ien 2: , 38 N, R7 E, W.M. Rural F6 " Fees Paid 4908031 580159 / arrdTexc 4908314-50'� , and ATne}d}� — 390806 ccnccn. / --I uses in the Within seetien �� / . Neeksack Falls exclave within the RuFal Feres"T4i,7T f) � C'D'G and se'etien C/ T34N/ f-OC W.M. : MM- -- - - --............- - - -- C! PLN2019 MRL Expansion Concrete Amend the comprehensive plan designation from Parcel # -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 1/4 of section 28, T40N, R4E, W.M. - - - - - --- - - - - - - - - -Awalwye -- - - --- - M DIVA ... -- RnPIP =010141 WE M ,, I PI � t � P lar t im - - .. 1. • 1 - 1 • � 1. •. - Mr MMMMWAIM MMII -am- RM Mi - ' T- ' •/ 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 Gch. Pei 1-1 t 1 A /�A a to e TY petffeleunq gases, and igatur-al gas experts fr-eng the Cherry Peint Urban GF-0,11}� n "e- aeeerdanee with 7 20 am IOQAMR PLN2017 MRL County- Whatcom Through a county -led countywide assessment, seek -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. County -wide W" N/A PLN2016 -00009 Sign Regulations Update Whatcom County Review and revise Whatcom County Code 20.80.400 (Sign Regulations), including updating the code for consistency with the U.S. Supreme Court's decision in Reed v. Town of Gilbert (2015). N/A N/A 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 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 -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. N/A 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 I 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 1/4 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 . 10