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1 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: P&D Committee/ Gary Davis 0/U1(l-b Council Introduction Division Head: Mark Personius Dept" Head: Sam Ryan Prosecutor: Royce Buckingham Purchasing/Budget: t.u? b~7o"-~"" lf~[ece~v 10 S1)3;!Jt, te_ ';(~ :J-f(-/6 1\ l\ v V\/HATCOM COUNTY Executive: ~'J { Jack Louws y qftohv TITLE OF DOCfJ~ENT: Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development ATTACHMENTS: 1. Staff Memorandum 2. Draft Ordinance, Zoning Code Amendment- Title 20 Zoning 3. Staff Report 4. Planning Commission Findings IL SEP A review required? ( x) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEP A review completed? ( x) Yes ( ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial and industrial land uses in limited areas of more intensive rural development. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at:

2 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA , TIY Fax Memorandum TO: FROM: THROUGH: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council Gary Davis, AICP, Senior Planner Mark Person ius, AICP, Assistant Director UA-'( DATE: August29, 2016 SUBJECT: LAMIRD Development Regulations -Title 20 Amendments At the September 13, 2016 Planning and Development Committee meeting, PDS has scheduled discussion of proposed amendments to Title 20 Zoning that would allow for greater flexibility for commercial and industrial land uses in designated Rural Communities (limited areas of more intensive rural development, Type I LAMIRDs). The Planning Commission has recommended approval and the draft ordinance is scheduled for introduction at the September 13 County Council meeting. The amendments would add or amend two specific uses based on inquiries PDS has received by property owners concerning uses that are similar to permitted uses. The first proposed amendment would allow contractors' business office uses, including outdoor storage of equipment, as a permitted use in the Rural General Commercial (RGC) zone (WCC (7)). Various other services are listed as permitted uses in RGC, including professional offices (WCC (3)), as are rental storage establishments and automobile and equipment sales, rental, repair services (WCC and.054). A contractor's office with outside storage of equipment would likely be compatible with these other permitted uses in terms of intensity. The second would amend a current administrative approval use in the RGC district. Currently, "Assembly and manufacturing of prefabricated wood building and components" is an administrative use, but when a property owner earlier this year proposed a facility for manufacturing and assembling metal components, PDS staff determined that it could not be not be permitted under this description (WCC (1)). Staff has proposed language that would remove the distinction between materials, and require that all work be conducted within a building, similar to a restriction already placed on automotive and equipment repair in RGC (WCC (1)). RGC currently contains performance standards that limit noise and emissions (WCC ).

3 In addition, the proposal would add to commercial and industrial zones in Rural Communities a provision for the zoning administrator to permit uses that are similar to permitted and administrative approval uses in that zone, much like the current provision in LII (WCC ). The affected zones are Rural General Commercial (RGC), Neighborhood Commercial (NC), Small Town Commercial (STC), Resort Commercial (RC), General Manufacturing (GM), and Rural Industrial and Manufacturing (RIM). These zones exist exclusively within Type I LAMIRDs except for RC, which also exists in the Birch Bay urban growth area, and RIM, which also exists in the Birch Bay-Lynden/I-S Type III LAMIRD. The proposed amendments would not allow development beyond the size, scale, use, or intensity that existed in the Type I LAMIRDs in 1990, and would be consistent with state law and Whatcom County Comprehensive Plan policies. If you have any questions about the amendments, please call Gary Davis, Senior Planner, at extension Attachments: Draft ordinance Staff Report Planning Commission Findings and Recommendations 2

4 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, RELATING TO COMMERCIAL AND INDUSTRIAL LAND USES IN LIMITED AREAS OF MORE INTENSIVE RURAL DEVELOPMENT WHEREAS, Whatcom County Planning and Development Services has proposed amendments to Whatcom County Code Title 20 Zoning; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, and public comments on the Comprehensive Plan update; and fact: WHEREAS, The County Council hereby adopts the following findings of FINDINGS OF FACT 1. Whatcom County Planning and Development Services has submitted an application for amendments to wee Title 20 Zoning regarding commercial and industrial uses in designated limited areas of more intensive rural development (LAMIRDs). 2. A determination of non-significance (DNS) was issued under the State Environmental Policy Act (SEPA) on July 8, Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 30, Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on July 1, The Planning Commission held a public hearing on the proposed amendments on July 14, Page 1 of 3

5 6. The Growth Management Act (GMA) allows for designation of LAMIRDs and establishes limits for development within LAMIRDs. 7. Within Type I LAMIRDs, GMA requires that, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in In 2011 Whatcom County amended its Comprehensive Plan to add policies that comply with GMA's requirements for development and redevelopment within LAMIRDs. 9. In 2012 Whatcom County amended its development regulations to comply with GMA, while retaining original specific descriptions of commercial and industrial uses. 10. Whatcom County PDS has received inquiries about permitting uses that are similar in intensity to uses that are currently permitted, but do not fall within the current descriptions of those uses. 11. The proposed amendments address specific use descriptions as well as providing a mechanism for administratively permitting similar uses. 12. The administrative permitting process requires notice to surrounding property owners and compliance with Comprehensive Plan policies. CONCLUSIONS 1. The amendments to the zoning code 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 on Exhibit A. Page 2 of 3

6 ADOPTED this day of, WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown-Davis, Council Clerk Barry Buchanan, Chairperson APPROVED as to form: ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 3 of 3

7 July 14, 2016 Draft EXHIBIT A Whatcom County Code Title 20 Zoning AMENDMENT Chapter RURAL GENERAL COMMERCIAL (RGC) DISTRICT Permitted uses. Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the applicable provisions of Chapter WCC (Supplementary Requirements) and Chapter WCC (Variances, Conditional Uses and Appeals). In a rural community designation, nonresidential uses listed below are permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC (1). In a rural business designation all uses are permitted. Residential type uses listed below are permitted in rural community and rural business designations Retail and office type uses (1) Mobile home and recreational vehicle sales. (2) Indoor commercial recreation facilities such as bowling alleys, skating rinks, indoor theaters and physical fitness centers. (3) Service establishment including but not limited to barber and beauty shops, laundries, dry cleaners, furniture repair, frozen food lockers, funeral parlors, animal hospitals, auction houses, financial institutions, fraternal organizations and professional offices. (4) Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail facilities. 1

8 July 14, 2016 Draft (5) Printing and publishing establishments. (6) Mini-day care centers and day care centers. _(Z)_Q> n~tru cti o rl~oll_tracto rs~b_u s ines~qffice~jn~lyqing Q_utg_QQL.Sto_c_g_g_e_Qf ~-.9J,JlQrrl e o_t_.052 Storage and warehousing type uses. (1) Rental storage establishments Restaurant type uses. (1) Eating and drinking establishments Automotive and equipment repair type uses. (1) Automobile, motorcycle, marine and farm implement sales, rental agencies, repair and service; provided, that all repair services are conducted within an enclosed building. (2) Automobile service stations, car washes and public garages Administrative approval uses. In a rural community designation, uses listed lo. yvee 2._0_,_59_,_150 _6-ej-ew may be administratively permitted gursuant to wee 20.84~232_if a use of the same type existed in that same rural community designation on July 1, 1990, per wee (1). In a rural business designation, all uses listed_lnj'yi:s;. 20_,_5_9.150 may be administratively permitted. Ib~J_Qnj_ng ad rnilli.st[9 to c_ma_y g_q.mln i stc.atly.~iy_qs!rrnllqjh e c_ld_~.-.saimil_g_ll.o_naw_c~ to th _Q_ _[mitted uses listed in _wee or ]._Q_,_.'22~J50_thatJ;.b.SL?;Oo_Lo.g ad O.Jlnl stc9 tqlg ete_r_min es J;_Q Qs!_ _o n ~l.ste nt w ith_the_q_y_r.p_q.?e a o d in t~jlt ouh e district~- have similar effects on ~_y_rro~ndin_g land uses, and g:~_ll_oj.!elt.he.q_e:!rformance stc:jndard_.s_f_q.rj.bj_~ _Qistrict Storage/warehouse type uses. (1) Outdoor storage of durable and nondurable goods; provided neighboring uses are adequately screened. 2

9 July 14, 2016 Draft.152 Manufacturing/fabrication type uses. (1) E9brJ.catjg~_gAssembly~- andfor: manufacturing of f:wefasr+c-at:eel--weed B-tt-i+El+ng and co~t-srnecbanical. _g_yipm~nl or of_buiiqln_g comgqnents, g_rovideq_g_ll_'{vork _is _con_q_uctecl witb_lo_g Q1Jfui[Dg. Chapter NEIGHBORHOOD COMMERCIAL (NC) DISTRICT Administrative a roval uses. _,_13_LI_b. _Z:_Qnio_g_g_Q_m in ~Jrg_to r_m_g_y_a_gmi n i_~trqtiv~ly_jl.rm it.qj,jss u a_nt1q_w ec 2_0.84_.23_5_oth~ uses sirnilqr in nature to the permitte_q J,j_?_es listedjn _wec Q1bSIJ_the.?Oning_administrator determinesl_q_ be -~OD.?iste_o_t yy_jt_b tb~ wrpose and intent of the district, hqve similar effects 011 sur_rgundi_ng_@n_q!..ts~s,_ and can meet_ the performance stgnd g_r::ds_fqltbi.? di;;1d_c;:_t_, Chapter SMALL TOWN COMMERCIAL (STC) DISTRICT Administrative approval uses. In a rural community designation, uses listed in WC.k_2_Q_.6j,_150_13e+ew may be administratively permitted pursuant to wcc _Q_.81-_,_2_;l5 if a use of the same type existed in that same rural community designation on July 1, 1990, per wee (1). In a rural business designation, all uses t~t.ecuo_w.c.c 20.61,1_50 may be administratively permitted. L~zo.nLog_g_Q_m_[_o_j;;_t_r_g to_r_rn_g_y_ a Q r_n i o.l~trat iv. y p_~ijitit_qth_~r u se~m_i.].9l Lo o_9_tu re to the_permitted uses listed in W_CC_20.61_,_QSQ_p_r 2_Q_,_6Ll5Q_1_1:l9J_l~~oo_tog 9.dr:ntoJ~tr.fl19L.d~.t~r:mjn~~-_tg_b~ c;:qo_$i.st~.o_t.witb_1b~.r11lp.9 s ~-9n.d_to_l~D_tQ.Ltb~ 3

10 July 14, 2016 Draft Q.i~tri_g~-b~a v~~imij.alejf _~~-QD~JJHO UJJ.dl!lgJ_g n d.!j..ae_s-" a n_d_~_g_o.o:te~ltb.e perfgr_r)1anc_ standards for this 9is_trlc;_t. Chapter RESORT COMMERCIAL (RC) DISTRICT Administrative approval uses. In a rural community designation, uses listed lr1 wee_.) Q,.±,Jd_Q bel-ew may be administratively permitted p.yisu_antto_wee 20.84_,_235 if a use of the same type existed in that same rural community designation on July 1, 1990, per wee (1). In a rural business designation, all uses l.lstec;un WS:.C _,_1-_~0_may be administratively permitted. The zonlo..g admini_?_trator may g q_ministc..ative_ly_permit other uses similar in nature to ttle---p. rmitted uses listed in wee 20.(;?4.050 Qf_2_Q that the zoning g_g mlol.tr9..tolq.te rmine tq be.~onslstentwjtb.tb.e_p_w_rpq_s.e_.aml i nten.loflh.e Qj~.tri ~.tjli3_v..e.2.i..mu a r_effects o n_~_ylr91!ddingjg_n_q_y se;;j._('l_n <:L ca ll.ffi eet the Qerformance standards for this district. Chapter GENERAL MANUFACTURING (GM) DISTRICT _,_l_~l_tb_e_~ n LIJQ_C'l_Q_!ll Ln is.tr.91ol m g_y ad mini _t_c_a tive l'i perm it...q!j rs U.i3 ntto...w.c.c J;he_r y~_ _$ ;;j mjjgr_jn.n_gj u re_t..o.jb Q_erm itt ed uses I i sted in \fv ee 2...Q 6?..J25..iLtb. at the ~9 n i n_g_g c;tmln is tra tql_q e t..e_rmlnes_ to...q.e ~_g_o_si s t~ n t w i th...tbe P.YLPQ_~.e _g_o_g_ i n_te_ijtqt t h_~_dls..trlcl_b_g_y s i ml@_r_~ff_e_~_ts_g..o._ _YHQYJl d i og_.li3n.q_y_;;_e_;;, _i3_o_q c; g_o_ rn.e~lt.!:te p e ITQLm a n _<;:. g_g_o..q _g_ rd~ for _tb.l;;_ d is t r~.t. 4

11 July 14, 2016 Draft Chapter RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT Administrative approval uses. =F-fl-e--.fel+ewift --ttses-are-pe ffflft-refr-w-itft-a.ei.w.+r-tstf-attve-af) f:tro~-st!uf'tt-t-e-we:-e ~ ;--ln a rural community designation, uses listed in w.ce_2.0._9i)_,_1]_q be+ew may be administratively permitted 12\J.LSUSintJ_o_\/Y_CC: _~.5_if a use of the same type existed in that same rural community designation on July 1, 1990, per wee (1). _In a rural business designation, all uses listed In w_ee , 1_J_Q be!bw-may be administratively permitted. Th~_.k.O n.log_ ad_l11 i t1 i stn:tt.qljjjq.y. a dmjni strati ve_ly_j2~rmj t otfl~-~~--simjl9llo_natu r~ to _th._q_ermjtted U_$_~~Est~d Lo wee2_q_,_(?_2.,_q50 oc._2j) that the zoning administratqr d~t~.r:mines to be consistent vvith _thej2.1!irqse 9Dd int~nt ofj;h~ district~_hav~lmilar effect_? g.il_sur_r_gunding land uses'-_9jld_~g_n me;=et_tb_. Q. ffqjjjlanc~_standgrds for this qistrict. 5

12 File # PLN LAMIRD Zoning Amendments July 5, 2016 Staff Report Whatcom County Planning & Development Services Staff Report LAMIRD Zoning Code Amendment I. BACKGROUND INFORMATION File # PLN File Name: Title 20 Zoning Code Amendments - LAMIRD Zones Applicants: Whatcom County Planning and Development Services (PDS) Summary of Request: Amend Whatcom County Code Title 20 Zoning to provide greater flexibility for commercial and industrial land uses in designated Rural Communities (limited areas of more intensive rural development, or LAMIRDs). Location: County-wide. Staff Recommendation: Approval. The proposal adds clarity to the County's development regulations regarding commercial and industrial uses in LAMIRDs. Background The Growth Management Act (GMA) generally prohibits relatively intensive uses outside urban growth areas, but allows for three types of "limited areas of more intensive rural development" (LAMIRDs). The first and most common of these types applies to areas that had been characterized by more intensive rural development in 1990, the year the GMA was enacted. Per GMA, in a Type I LAMIRD, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in RCW 36.70A.050(d)(i). In 2011 Whatcom County adopted into its Comprehensive Plan policies consistent with the GMA's requirements for LAMIRDs. Those plan amendments also designated several areas that met the GMA description of Type I LAMIRD as "Rural Community." In general, these Rural Community areas allow for local services in the rural area, providing convenient access and employment for rural residents without having to travel to urban centers. This is consistent with another GMA description of a Type I LAMIRD, that development or redevelopment, other than an Page 1 of 6

13 File # PLN LAMIRD Zoning Amendments July 5, 2016 Staff Report industrial area, "must be principally designed to serve the existing and projected rural population." RCW 36.70A.OSO(d)(i)(B). In 2012 the County amended its development regulations to ensure that permitted commercial and industrial uses and building sizes were consistent with building sizes and uses that existed in each LAMIRD in Permitted uses that were already listed in the zoning districts within the Rural Community designations were divided into broader categories, or "types" of uses, and building size limits by type were placed in a table in wee (1). The limits in the table were based on research PDS had done to document which types of uses existed in each Rural Community area in 1990, and if they existed, what was the largest building size (and cumulative lot coverage) for each use type. For each of the County's zoning districts, the zoning code lists permitted uses, uses permitted through an administrative approval process, and uses permitted through a conditional use permit process. 1 The list of uses fit the GMA's description of an area principally serving the rural population, allowing a range of commercial services along with some limited manufacturing and fabrication. The permitted uses and administrative approval uses described in the code are often very specific, and leave little room for flexibility in allowing a use that is similar to a listed permitted use "in terms of building size, scale, use, or intensity" but does not fall within the specific description of any permitted use. This inflexibility needlessly limits economic development options within the areas designated for more intensive rural development. Currently one County zoning district allows the zoning administrator flexibility in determining permitted uses. The Light Impact Industrial (LII) lists among its permitted uses, "Other uses similar in nature to the uses listed above which are consistent with the purpose and intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district." The LII zone exists in some of the County's urban growth areas, but does not exist in any LAMIRDs. No other County zoning district has a similar provision. II. ZONING CODE AMENDMENT The current draft code amendments (attached) would add or amend two specific uses based on inquiries PDS has received by property owners concerning uses that are similar to permitted uses. The first would allow for contractors' business office 1 Permitted uses are permitted outright, while administrative approval uses require review by PDS staff and notice to surrounding property owners. Conditional uses require a conditional use permit, which involves notice to surrounding property owners as well as a public hearing by the Hearing Examiner. Page 2 of 6

14 File # PLN LAMIRD Zoning Amendments July 5, 2016 Staff Report uses, including outdoor storage of equipment, as a permitted use in the Rural General Commercial (RGC) zone (WCC (7)). Various other services are listed as permitted uses in RGC, including professional offices (WCC (3)), as are rental storage establishments and automobile and equipment sales, rental, repair services (WCC and.054). A contractor's office with outside storage of equipment would likely be compatible with these other permitted uses in terms of intensity. The second would amend a current administrative approval use in the RGC district. Currently, "Assembly and manufacturing of prefabricated wood building and components" is an administrative use, but when a property owner earlier this year proposed a facility for manufacturing and assembling metal components, PDS staff determined that it could not be not be permitted under this description (WCC (1)). Staff has proposed language that would remove the distinction between materials, and require that all work be conducted within a building, similar to a restriction already placed on automotive and equipment repair in RGC (WCC (1)). RGC also contains performance standards that limit noise and emissions (WCC ). In addition, the proposal would add to commercial and industrial zones in Rural Communities a provision for the zoning administrator to permit uses that are similar to permitted and administrative approval uses in that zone, much like the current provision in LII. The affected zones are Rural General Commercial (RGC), Neighborhood Commercial (NC), Small Town Commercial (STC), Resort Commercial (RC), General Manufacturing (GM), and Rural Industrial and Manufacturing (RIM). These zones exist exclusively within Type I LAMIRDs except for RC, which also exists in the Birch Bay urban growth area, and RIM, which also exists in the Birch Bay-Lynden/I-S Type III LAMIRD. Unlike the existing provision in the LII district, the proposed language would require an administrative approval permit process, which involves notice to surrounding property owners within 1,000 feet (300 in an urban growth area) and evaluation per the criteria in wee , which includes compliance with requirements of the zoning district and comprehensive plan policies. Any party of record can appeal the decision. III. COMPREHENSIVE PLAN EVALUATION The proposed zoning code amendments would retain measures that contain development of Type I LAMIRDs per GMA, while allowing greater flexibility, allowing for continued economic development in rural areas. They are therefore consistent with the following policies of the Whatcom County Comprehensive Plan: Page 3 of 6

15 File # PLN LAMIRD Zoning Amendments July 5, 2016 Staff Report Policy 2JJ-1: Policy 2JJ-4: Policy 2JJ-5: Policy 2JJ-7: Areas designated as Rural Communities shall meet the criteria stated in this chapter and the requirements of RCW 36.70A.070(5)(d)(i), which describes limited areas of more intensive rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, including necessary public facilities and public services to serve the limited area. Within the Rural Communities, encourage adequate economic development to provide current and future residents' employment needs, and provide rural residents places to shop, eat, and access to public services. Within Rural Communities development or redevelopment in terms of size, scale, use, or intensity shall be consistent with the character of the area on July 1, Land uses within Rural Communities, except for industrial uses, should be principally designed to serve the existing and projected rural population. In considering an administrative permit for a use similar to those already permitted, the zoning administrator would be required to ensure compliance with Comprehensive Plan policies, per WCC (3)(b). Compliance with Policy 2JJ- 5 above would ensure compliance with GMA's standards for development in LAMIRDs. IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION Staff recommends the Planning Commission adopt the following findings of fact and reasons for action: 1. Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning regarding commercial and industrial uses in designated limited areas of more intensive rural development (LAMIRDs). 2. A determination of non-significance (DNS) was issued under the State Environmental Policy Act (SEPA) on, Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 30, Notice of the Planning Commission public hearing for the amendments was Page 4 of 6

16 File # PLN LAMIRD Zoning Amendments July 5, 2016 Staff Report published in the Bellingham Herald on July 1, The Planning Commission held a public hearing on the proposed amendments on July 14, The Growth Management Act (GMA) allows for designation of LAMIRDs and establishes limits for development within LAMIRDs. 7. Within Type I LAMIRDs, GMA requires that, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in In 2011 Whatcom County amended its Comprehensive Plan to add policies that comply with GMA's requirements for development and redevelopment within LAMIRDs. 9. In 2012 Whatcom County amended its development regulations to comply with GMA, while retaining original specific descriptions of commercial and industrial uses. 10. Whatcom County PDS has received inquiries about permitting uses that are similar in intensity to uses that are currently permitted, but do not fall within the current descriptions of those uses. 11. The proposed amendments address specific use descriptions as well as providing a mechanism for administratively permitting similar uses. 12. The administrative permitting process requires notice to surrounding property owners and compliance with Comprehensive Plan policies. V. PROPOSED CONCLUSIONS 1. The amendments to the zoning code are in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. VI. RECOMMENDATION Planning and Development Services recommends the Planning Commission forward the proposed amendments to the County Council with a recommendation of approval. Page 5 of 6

17 File # PLN LAMIRD Zoning Amendments July 5, 2016 Staff Report ATTACHMENTS A. Draft zoning code amendments Page 6 of 6

18 File# PLN LAMIRD Zoning Code Amendment July 14, 2016 Planning Commission Recommendations, Page 1 WHATCOM COUNTY PLANNING COMMISSION LAMIRD Commercial and Industrial Uses Zoning Code Amendment FINDINGS OF FACT AND REASONS FOR ACTION 1. Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning regarding commercial and industrial uses in designated limited areas of more intensive rural development (LAMIRDs). 2. A determination of non-significance (DNS) was issued under the State Environmental Policy Act (SEPA) on July 8, Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 30, Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on July 1, The Planning Commission held a public hearing on the proposed amendments on July 14, The Growth Management Act (GMA) allows for designation of LAMIRDs and establishes limits for development within LAMIRDs. 7. Within Type I LAMIRDs, GMA requires that, "Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas," i.e. the areas where the more intensive uses existed in In 2011 Whatcom County amended its Comprehensive Plan to add policies that comply with GMA's requirements for development and redevelopment within LAMIRDs. 9. In 2012 Whatcom County amended its development regulations to comply with GMA, while retaining original specific descriptions of commercial and industrial uses. 10. Whatcom County PDS has received inquiries about permitting uses that are similar in intensity to uses that are currently permitted, but do not fall within the current descriptions of those uses. 1

19 File# PLN ll LAMIRD Zoning Code Amendment July 14, 2016 Planning Commission Recommendations, Page The proposed amendments address specific use descriptions as well as providing a mechanism for administratively permitting similar uses. 12. The administrative permitting process requires notice to surrounding property owners and compliance with Comprehensive Plan policies. CONCLUSIONS 1. The amendments to the zoning code are the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. RECOMMENDATION Based upon the above findings and conclusion, the Whatcom County Planning Commission recommends approval of the proposed amendments as shown on Exhibit A. WHATCOM COUNTY PLANNING COMMISSION ~vftc~ Nicole Oliver, Chair Date Date /. /X /{ ( Commissioners present at the July 14, 2016 meeting when the vote was taken: Kelvin Barton, David Hunter, Michael Knapp, Nicole Oliver, Andy Rowlson, and Michael Vekved. Vote: Ayes: 6, Nays: o, Abstain: 0, Absent: 4. Motion carried to adopt the above amendment. 2