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HomeMy WebLinkAboutres2023-033Whatcom County Agenda Bill Report File Number: AB2023-668 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 File ID: AB2023-668 Version: 1 Status: Approved File Created: 10/03/2023 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Resolution Assigned to: Council Planning and Development Committee Final Action: 10/10/2023 Agenda Date: 10/10/2023 Enactment M RES 2023-033 Related Files: Primary Contact Email: DBrownC&co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution amending Resolution 2023-005 to docket an additional Comprehensive Plan/zoning amendment related to allowing propane reload, storage, and distribution facilities as a conditional use under certain conditions in the Agriculture District SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This resolution would amend Resolution 2023-005 to docket an additional Comprehensive Plan/zoning amendment related to allowing propane reload, storage, and distribution facilities as a conditional use under certain conditions in the Agriculture District HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 10/10/2023 Council Planning and Development RECOMMENDED FOR Committee APPROVAL Aye: 2 Byrd, and Galloway Nay: 0 Absent: 1 Elenbaas 10/10/2023 Council APPROVED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Whatcom County Page 1 Printed on 10/1112023 Agenda Bill Report Continued (A82023-668) Attachments: Proposed Resolution, Resolution 2023-005, Background Info - Draft Ordinance, WCC 20.40 (current text) Whatcom County Page 2 Printed on 10/1112023 Propane Facilities in AG District 10.3.2023 Proposed by: Kershner Introduction date: RESOLUTION NO. 2023 - 033 AMENDING RESOLUTION 2023-005 TO DOCKET AN ADDITIONAL COMPREHENSIVE PLAN AND ZONING AMENDMENT RELATED TO ALLOWING PROPANE RELOAD, STORAGE, AND DISTRIBUTION FACILITIES IN THE AGRICULTURE DISTRICT AS A CONDITIONAL USE UNDER CERTAIN CIRCUMSTANCES 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 Whatcom County Code 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 County Council initiated proposed Comprehensive Plan and zoning amendments under Whatcom County Resolution No. 2023-005. WHEREAS, the Council wishes to add an item to the docket for further review related to allowing propane reload, storage, and distribution facilities in the Agriculture District as a conditional use under certain circumstances. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby dockets for formal review the amendments shown on the attached Exhibit A. APPROVED this loth day of October 2023. ATTEST',,.\a ®`; 0 Dana r wn- Dar r -of the -Council APPROVED AS TO9FORM., /s/Karen Frakesa'pprgye�yW.email on 10/05/2023 Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Wryanan, Council Chair EXHIBIT A — Docket PLN2023- 2025 Whatcom Review and revise the Whatcom County Comprehensive Countywide N/A 00001 Comprehensive County Plan and development regulations by June 2025 to Plan, Development ensure compliance with the requirements of RCW Regulation, and 36.70A. Review urban growth areas and densities UGA Update permitted within urban growth areas by June 2025, in conjunction with the Cities. If necessary, revise urban growth areas and/or associated development regulations to accommodate the urban growth projected for the succeeding twenty-year period. PLN2023- Zoning Code Whatcom Amend the text of the Urban Residential District (WCC Countywide N/A 00002 Density and Lot County 20.20), Urban Residential Medium Density District (WCC Size Amendments 20.22), General Commercial District (WCC 20.62), Resort Commercial District (WCC 20.64), Supplementary Requirements (WCC 20.80), and Definitions (WCC 20.97). The text amendments include allowing smaller minimum lot sizes, requiring minimum net densities, reducing setbacks, and defining minimum net density. PLN2023- Whatcom County Whatcom Review and revise the Whatcom County Zoning Code and N/A 00003 Code Amendments County 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. PLN2023- Allow Propane Whatcom Amend Whatcom County Code 20.40.150, Agriculture Agriculture (AG) 00004 Reload, Storage, County (AG) District, to allow propane reload, storage, and District and Distribution Council distribution facilities in the Agriculture Zone as a Facilities in AG conditional use under certain circumstances Zone Under Certain N/A N/A PLN2022 Cherry Point Whatcom Review and, if necessary, revise county code and Cherry Point Area N/A -00005 Shoreline Access County the Comprehensive Plan to protect, enhance, and 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 Closure Council the Lake Whatcom watershed for trail maintenance Exemption and limited trail construction under certain circumstances. PLN2021 Bellingham UGA Whatcom Amend the Whatcom County Comprehensive Plan by North of the N/A -00007 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) PLN2019 MRL Expansion - Concrete Amend the comprehensive plan designation from Parcel # No -00002 Breckenridge Rd. Nor'West Rural to Mineral Resource Lands (MRL) and amend 400428 165430 the zoning map to expand a MRL overlay zone on and a portion of approximately 22.8 acres off Breckenridge Rd., east parcel # 400428 of Nooksack. The underlying zoning is Rural one 254460; Within dwelling/five acres (R5A). the NW '/a and NE 1/4 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 IOA PLN2017 MRL County- Whatcom Through a county -led countywide assessment, seek County -wide N/A -00004 wide Designation County to identify and designate potential commercially Process significant mineral resource lands, to meet future demand, compatible with water resources, agricultural lands, forest lands and other GMA goals pursuant to Comprehensive Plan Policy 8R-1. PLN2016 Sign Regulations Whatcom Review and revise Whatcom County Code N/A N/A -00009 Update County 20.80.400 (Sign Regulations), including updating the code for consistency with the U.S. Supreme Court's decisions in Reed v. Town of Gilbert (2015) and City of Austin, Texas v. Reagan National Advertising of Austin (2022). 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 N/A -00016 Special Events County allow "Weddings and Special Events" in specific zone districts through a conditional use permit. File # F to Sarno Aplilicant ; Description ; ; Location Foe 6 ver Ro ostod`? 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 Rd. Ready Mix & Rural to Mineral Resource Lands (MRL) and amend 390110 212100; 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). M