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HomeMy WebLinkAboutord2026-002strikeFile ID: AB2026-016 File Created: 12/30/2025 Department: Planning and Development Services Department Assigned to: Council Agenda Date: 01/27/2026 Related Files: Whatcom County Agenda Bill Master Report File Number: AB2026-016 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Version: 1 Status: Adopted Entered by: Lucas Clark File Type: Ordinance Requiring a Public Hearing Primary Contact Email: LClark@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 01/27/2026 Enactment #: ORD 2026-002 Ordinance amending Whatcom County Code Chapter 20.34 Rural Residential Island (RRI) to allow food preparation for off -site consumption when accessory to and located within an approved community center SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance amending Whatcom County Code Title 20.34 Rural Residential Island (RRI) to allow food preparation for off -site consumption when accessory to and located within an approved community center. The Rural Residential Island (RRI) District is specific to Lummi Island. It applies only to the north half of Lummi, which is generally rural. Some commercial uses are permitted through a conditional use permit under Whatcom County Code WCC 20.34.150. Lummi Island is a unique district with geographic barriers to food affordability and accessibility. This code change will allow food preparation for off -site consumption when accessory to and located within an approved community center as a conditional use. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: Whatcom County Page 1 Printed on 112912026 Agenda Bill Master Report Continued (AB2026-016) 01/13/2026 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay: 0 01/27/2026 Council ADOPTED Aye 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler Nay 0 Attachments: Staff Memo, Staff Memo: Land Use Cost Analysis, Staff Report, Proposed Ordinance, Notice of Hearing after 1.132026 Whatcom County Page 2 Printed on 112912026 PROPOSED BY: PLANNING AND DEVELOPMENT SERVICES INTRODUCED: January 13, 2026 ORDINANCE NO. 2026-002 AMENDING WHATCOM COUNTY CODE TITLE 20.34. RURAL RESIDENTIAL ISLAND (RRI) TO ALLOW FOOD PREPARATION FOR OFF -SITE CONSUMPTION WHEN ACCESSORY TO AND LOCATED WITHIN AN APPROVED COMMUNITY CENTER. WHEREAS, The Council's 2025 docket includes item PLN2025-00004, "Review and revise the Whatcom County Zoning 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." WHEREAS, Whatcom County Planning and Development Services has proposed an amendment to Whatcom County Code Title 20 to fulfill this directive; and WHEREAS, The Whatcom County Council reviewed and considered the Planning Commission recommendation, staff recommendation, 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 an application to make an amendment to Title 20 (Zoning). 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on November 11th, 2025. No comments have been received to date. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on November 6th, 2025 for their 10-day expedited review. No comments were received. 4. The Planning Commission held a duly noticed public hearing on the proposed amendments on December 11th, 2025. 5. On October 11th, 2025 the Whatcom County Planning Commission recommended the proposed Zoning Code changes to The County Council. 6. The County Council held a duly noticed public hearing on the proposed amendments on January 27, 2026 7. The amendments are consistent with Comprehensive Plan Policy Goal 2D to "refine the regulatory system to ensure accomplishment of desired land use goals in a fair and equitable manner." There are no policies with which these amendments would be inconsistent. 8. In reference to Exhibit A: This amendment is to revise Chapter 20.34. Rural Residential Island (RRI) through adding food service as a conditional use for off -site consumption when accessory to and located within an approved community center. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that amendments to the Whatcom County Code Title 20 (Zoning) and are hereby adopted as shown in Exhibit A of the Staff Report; and BE IT FURTHER ORDAINED by the Whatcom County Council that staff is authorized to work with Code Publishing to correct and update any cross-references made ineffective by these amendments; and BE IT FINALLY ORDAINED by the Whatcom County Council should any part of this regulation be held to be illegal, unconstitutional, or otherwise unenforceable, the remainder of the regulation shall still apply. ADOPTED this 27th day of January , 2026 `y��ti►I fIIr�;��� ATTEST. °` �.•. �a M AT tr 0 © o oO COUNTY Cathy Halka,.Cl�rR _ r_&mcil -- APPROVED AS Tq I ORM.:.. ,-,%% � Greg Greenan, per 1/6/2025 email Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON _��* _7�! L/(K4� Kaylee Ga oway, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Satpal S hu, County Executive ( ) Approved Date Signed: — ( ) Denied 2.•3.26 Exhibit A: Lummi Island Code Amendment 1) Revise Whatcom County Code (WCC) 20.34.156 to allow food preparation for off -site consumption. Lummi Island is a unique district with geographic barriers to food affordability and accessibility. The Gathering Place is a modern, fully accessible community center located on Lummi Island. The venue includes a main hall with a capacity of 191, a commercial kitchen, two restrooms, an outdoor patio, and access to the beach. Completed in 2023, the venue has been widely used by Lummi Islanders. WCC 20.34 only applies to Lummi Island. The addition to the code will allow The Gathering Place to utilize its commercial kitchen for food prep for off -site consumption (e.g. local food trucks, off -premise food purveyors). TITLE 20 ZONING Chapter 20.34 RURAL RESIDENTIAL -ISLAND (RR -I) DISTRICT Chapter 20.34.150 Conditional Uses 20,34.156 Commercial uses including retail trade, professional and personal services, and food preparation for off -site consumption, when accessory to and located within an approved community center.