Chapter 20.00
ZONING TABLES

Sections:

20.00.010    Alabama Hill neighborhood table of zoning regulations.

20.00.015    Barkley neighborhood table of zoning regulations.

20.00.020    Birchwood neighborhood table of zoning regulations.

20.00.030    Repealed.

20.00.031    City center neighborhood table of zoning regulations.

20.00.040    Columbia neighborhood table of zoning regulations.

20.00.045    Cordata neighborhood table of zoning regulations.

20.00.050    Cornwall Park neighborhood table of zoning regulations.

20.00.060    Edgemoor neighborhood table of zoning regulations.

20.00.070    Fairhaven neighborhood and urban village table of zoning regulations.

20.00.090    Happy Valley neighborhood table of zoning regulations.

20.00.092    Irongate neighborhood table of zoning regulations.

20.00.095    King Mountain neighborhood table of zoning regulations.

20.00.100    Lettered streets neighborhood table of zoning regulations.

20.00.110    Meridian neighborhood table of zoning regulations.

20.00.130    Puget neighborhood table of zoning regulations.

20.00.140    Roosevelt neighborhood table of zoning regulations.

20.00.150    Samish neighborhood table of zoning regulations.

20.00.160    Sehome neighborhood table of zoning regulations.

20.00.170    Silver Beach neighborhood table of zoning regulations.

20.00.180    South Hill neighborhood table of zoning regulations.

20.00.190    South neighborhood table of zoning regulations.

20.00.200    Sunnyland neighborhood table of zoning regulations.

20.00.210    York neighborhood table of zoning regulations.

20.00.220    WWU neighborhood table of zoning regulations.

20.00.230    Whatcom Falls table of zoning regulations.

20.00.010 Alabama Hill neighborhood table of zoning regulations.

ALABAMA HILL NEIGHBORHOOD ZONING MAP

 

Area

General Use Type

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential Single

Detached, Cluster Detached

10,000 sq. ft. minimum detached lot size. 1 lot per 7,200 sq. ft. average overall cluster density

View

Access via Burns Way (Barkley Blvd.)

None

2

Residential Single

Detached, Cluster (Ords. 8502, 8686, 8839, 9118, Res. 24-82)

7,200 sq. ft. minimum detached lot size. 1 lot per 7,200 sq. ft. average overall cluster density

View

None

None

3

Residential Multi

Duplex

Single-family – 7,200 sq. ft. minimum lot size. Duplex – 3,600 sq. ft. per unit.

View

Water Distribution; Sewer Service

None

4

Public

Park/Open Space

N/A

Water Distribution

Sewer Service

None

[Ord. 2004-12-087].

20.00.015 Barkley neighborhood table of zoning regulations.

BARKLEY NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential Single

Detached

10,000 sq. ft. min. detached lot size

Clearing; shoreline; floodplain; corridor study prior to Sunset Drive improvements

Sufficient water capacity and supply

None

2

Residential Multi

Planned

10,000 sq. ft. per unit average overall density

View; clearing; wetlands; steep slopes; Fever Creek

Sufficient water capacity and supply

None

3

Commercial

Planned

N/A

Treatment and retention of stormwater runoff; limited access to arterials

None

None

4

Commercial

Neighborhood, Concomitant Agreement No. 98-20 for property at 1301 E. Sunset

10,000 sq. ft. of floor area per structure

Limited access to arterials; single curb cut for 3206 Orleans St.; buffer residential

Relocation of curb cuts for 1031 E. Sunset; lot consolidation, street dedication and other requirements in CA No. 98-20

See Concomitant Agreement No. 98-20

5

Residential Multi

Planned (Concomitant Agreement No. 3-3-91C)

3,600 sq. ft. per unit density; density transfer across Racine St. may be approved subject to site plan approval

Clearing; wetlands; open space set aside as described in neighborhood plan

Improvement of neighborhood streets to nearest neighborhood arterial

See Concomitant Agreement No. 3‑3‑91C

6

Residential Multi

Multiple

2,000 sq. ft. per unit

Clearing; wetlands; density transfers

Improvement of Sunset Drive; sufficient water capacity and supply

None

7

Residential Multi

Planned

2,000 sq. ft. per unit

Clearing; wetlands; density transfers

Improvement of neighborhood streets to nearest neighborhood arterial. Dedication of a one-acre park site adjacent the wetlands and tied into the city trail plan (see CA No. 3-3-91C for specifics)

See Concomitant Agreement No. 3‑3‑91C

8

Residential Multi

Planned, mixed (medical and professional offices and personal service facilities as defined by the land use code)

2,000 sq. ft. per unit; maximum commercial building size of 10,000 sq. ft.

Reduction of setbacks for residential development; limited access to Sunset; screening between commercial uses and abutting residential designations

A majority of the property owners must develop under a single planned contract to establish office and service uses; right-of-way dedication

None

9

Residential Multi

Multiple

2,000 sq. ft. per unit

Clearing; limited access to Sunset Drive

Sufficient water capacity and supply

None

10

Residential Multi

Planned, offices allowed

2,000 sq. ft. per unit

Limited access; views

Sufficient water capacity and supply; right-of-way dedication

None

11

Residential Multi

Planned, offices allowed

2,000 sq. ft. per unit

Limited access; views

Sufficient water capacity and supply; right-of-way dedication

None

12

Commercial

Planned (Ords. 8996, 9202, Res. 25-84, PC 87-11)

10,000 sq. ft. max. building size for commercial

Limited access; pedestrian easements

None

None

13

Industrial

Planned*

N/A

Trail; buffer (see neighborhood plan); limited access; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Drainage improvements; buffer improvements

*Uses shall be limited to the following:

1. Private educational facilities

2. Medical, professional, general business offices.

3. Administrative office services

4. Research and development

5. Light manufacturing

6. Warehousing and distribution

7. Banks

8. Uses similar to the above

14

Industrial

Planned*

N/A

Limited access; drainage; warehousing and distributions; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Five-lane improvements to Sunset Drive or alternative access plan; construction and payment of Burns St. as described in the neighborhood plan

*Uses shall be limited to the following:

1. Private educational facilities

2. Research and development

3. Light manufacturing

4. Warehousing and distribution (except within the south and east 300 feet of Area 13A)

5. Medical, professional and general business offices

6. Administrative office services

7. Banks

8. Uses similar to the above

9. Existing single-family residences

15

Commercial/
Industrial

Planned*

N/A

Limited access; transfer of stand-alone commercial development rights**; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Drainage improvements

*Permitted industrial uses same as in Area 13.

**If stand-alone commercial acreage is transferred to Areas 16 and/or 17, that acreage may only be developed with commercial uses as part of a mixed-use building or site. For example, if three acres of stand-alone commercial are transferred from Area 15 to Area 16, six acres of stand-alone commercial remain in Area 15. Commercial can only be developed on the other three acres in Area 15 as part of mixed-use development.

16

Industrial/
Commercial*/
Residential

Planned**

4,000 sq. ft. per detached unit

Trail; buffer (see neighborhood plan); limited access; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Drainage improvements

*Unless stand-alone acreage from Area 15 is transferred, commercial uses are only allowed as part of a mixed-use building or a mix of uses in the subarea which meet a ratio of 50:50 for commercial uses developed in conjunction with residential uses or 25:75 with commercial uses developing at 25 percent of the site or building area and industrial uses developing at 75 percent of the site or building area.

**Permitted industrial uses same as in Area 13, except that warehousing and distribution uses are prohibited.

17

Industrial/
Commercial*/
Residential

Planned**

4,000 sq. ft. per detached unit

Buffer (see neighborhood plan); limited access; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Drainage improvements

*Unless stand-alone acreage from Area 15 is transferred, commercial uses are only allowed as part of a mixed-use building or a mix of uses in the subarea which meet a ratio of 50:50 for commercial uses developed in conjunction with residential uses or 25:75 with commercial uses developing at 25 percent of the site or building area and industrial uses developing at 75 percent of the site or building area.

**Permitted industrial uses same as in Area 13, except that warehousing and distribution uses are prohibited.

18

Commercial/
Industrial

Planned*

N/A

Buffer (see neighborhood plan); limited access; water; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Circulation and utility improvements; drainage improvements

*Permitted industrial uses same as in Area 13.

19

Commercial/
Industrial

Planned*

N/A

Buffer (see neighborhood plan); limited access; water; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Circulation and utility improvements; drainage improvements

*Permitted industrial uses same as in Area 13.

20

Industrial/
Residential Multi

Planned*

4,000 sq. ft. per detached unit

View; limited access; clearing; water; buffer; drainage retention; play lot park with residential; trails with industrial; active recreation area; Barkley urban village design guidelines (see Exhibit I at the end of this section)

Circulation and utility improvements

*Permitted industrial uses same as those in Area 13, except that warehousing and distribution uses are prohibited. A minimum of 50 percent of the developable area must be developed with residential uses.

21

Public

Governmental Services

N/A

None

Curb cut on Sunset should be limited to right-in, right-out only unless approved by public works department

None

22

Public

School

N/A

Limited access; spacing of curb cuts; wetlands; water system improvements

Improvements to E. McLeod Rd.; internal access roads; signalize Sunset/McLeod intersection

None

EXHIBIT I

BARKLEY URBAN VILLAGE

Design Guidelines – For Areas 13, 14, 15, 16, 17, 18, 19 and 20

The specific guidelines are included in the Barkley neighborhood zoning section of the land use and development code. Discussed below are to be used in the preparation of planned development contracts for projects in the Barkley urban village and as the basis for development of future, more specific design standards. Guidelines are intended to supplement the regulations contained in the land use development ordinance or subsequent changes to this chapter by providing additional design guidance, but are not regulatory in the same manner as the standards contained in that ordinance. Developers may propose alternatives to achieve an equal or better design solution that meets the intent of this section. Applications for planned developments shall include adequate information in their submittal to specifically depict how the guidelines have been addressed.

When guidelines are applied to land developed under an existing planned development contract, their application should be roughly proportional to the degree of alteration proposed and bear a relationship to impacts from the proposed changes to the development.

1. Identity.

The Barkley Urban Village consists of subareas 13, 14, 15, 16, 17, 18, 19 and 20 as shown on the Barkley Urban Village Map.

Land Use

•    

Barkley Village should be encouraged to develop with a mix of residential, commercial, offices, and compatible light industrial uses in the areas designated for mixed-use development.

•    

The range of industrial uses throughout the Barkley urban village shall be limited to the following:

1. Private educational facilities.

2. Medical, professional, and general business offices.

3. Administrative office services.

4. Research and development.

5. Light manufacturing

6. Warehousing and distribution.

7. Banks.

8. Uses similar to the above.

9. Existing single-family residences (Area 14 only).

•    

To help achieve compatibility, businesses that are primarily warehousing and distribution should not be allowed in certain subareas as specifically identified in the subarea plan text where the use could be disruptive to adjacent residential uses.

•    

To ensure that all subareas in the urban village are not dominated by commercial uses, a maximum of nine acres in subareas 15, 16, and 17 may be developed with stand-alone commercial uses without a corresponding amount of residential or industrial development as set forth below. Any additional commercial shall only be allowed in mixed use buildings or with development in the subarea which meets a ratio of 50:50 for commercial uses developed in conjunction with residential uses and 25:75 for commercial uses developed in conjunction with offices or light industrial uses.

•    

As a further means to help achieve compatibility and to ensure that all subareas of the Barkley Urban Village that allow a mix of uses do achieve a mix, there shall be established for each subarea a minimum and maximum percentage of land area available for each use. The mixed-use limitations are set forth in Table V-1 below.

 

Table V-1 Barkley Urban Village Mixed Use Limitations 

Subarea

Total Acres

Zoning Designation*

Minimum Percentage

Maximum Percentage

Ind.

Com.

Res.

Ind.

Com.

Res.

13

51.5

Industrial

100%

NA

NA

100%

NA

NA

14

40.5

Industrial

100%

NA

NA

100%

NA

NA

15

9

Com/Ind

0%

0%

NA

100%

100%

NA

16

28.7

Res/Com/Ind

30%

10%

20%

70%

35%**

60%

17

23

Res/Com/Ind

15%

15%

15%

70%

42.5%**

70%

18, 19

13

Com/Ind

0%

0%

NA

100%

100%

NA

20

68.5

Ind/Res

0%

NA

50%

50%

NA

100%

* All designations within the Barkley urban village carry the “planned” use qualifier.

** Maximum commercial percent is exclusive of any transfer of stand-alone commercial acres from Area 15.

•    

Additionally, for the purpose of determining these mixed use limitations, a maximum floor area ratio of 0.5:1 shall be applied to subareas 15, 16 and 17. Proposals to increase the floor area ratio above 0.5:1 to a maximum of 0.75:1 are subject to site plan review and approval by the planning commission.

•    

Uses which can be defined as either industrial and commercial shall be considered commercial for the purposes of determining the minimum and maximum allowed percentages, except that the following uses shall be considered industrial:

• Medical, professional and general business office, including bank branches.

• Research and development.

• Private educational facilities.

• Administrative office services.

•    

Overall residential density for the Barkley urban village shall be 10.5 units to the acre. Densities are transferable within the entire Barkley urban village where residential development is allowed. Minimum and maximum requirements for residential as depicted in the table above shall apply. Based on these percentages a minimum of 476 units must be developed within the Barkley urban village and a maximum of 1,116 units are allowed in the urban village (the maximum unit potential increases to 1,312 assuming a transfer of 196 units from Area 7). This provision is intended to encourage the development of neighborhoods that provide both renter and homeowner opportunities. Wherever possible, a mix of housing types should be encouraged.

2. Connectivity.

•    

Developments shall be connected by either public or private sidewalks.

•    

Site design shall include a pedestrian access element that provides pedestrian routes from streets, parking areas, and transit stops to building entrances and between buildings. Bus stops should be considered at locations recommended by Whatcom transportation authority.

•    

Trails along open space systems as recommended in the open space section shall be included in the project design and connected with the other pedestrian routes in the site.

•    

Pedestrian connections shall not cross truck-loading areas. Connections between private sidewalk systems in adjacent developments shall be provided if they are determined to be both feasible and necessary for a good pedestrian circulation plan.

•    

All subdivisions, short plats, lot line adjustments, and binding site plans shall be reviewed to ensure that they are consistent with driveway access point space policies and regulations along Woburn Street, Sunset Drive and Barkley Boulevard.

•    

Direct vehicular access shall be provided between developments whenever feasible to allow traffic to move between businesses without using arterial streets.

3. District Boundaries.

Measures to Enhance Compatibility Between Uses within the Barkley Urban Village and the Residential Areas Outside of the Urban Village.

•    

While district boundaries should maintain a distinction between the Barkley urban village and adjacent residential neighborhoods, site design and use location should encourage access between these areas. Site designs for industrial and commercial uses shall provide appropriate buffers to these adjacent users as specified in the open space section above and/or in the land use description of each subarea below. In addition, industrial and commercial uses locating adjacent to the adjoining residential neighborhoods shall incorporate the measures described below.

Measures to Enhance Compatibility among Different Use Types within the Barkley Urban Village.

•    

Restrictions on the types of uses permitted in the Barkley urban village should be maintained as provided in the identity section above.

•    

Permanent outdoor storage shall not be permitted unless it can be screened from view by adjacent residential uses (except for residential uses in mixed-use structures). The height of material displayed or stored shall be limited to assure adequate screening. Where land immediately adjacent to the proposed development is within the Barkley urban village, the land use designation of the adjacent property allows residential development and the adjacent land is vacant at the time of permitting of an industrial or commercial use, the design for the industrial or commercial use shall provide for the ability to retrofit the site to implement the necessary screening of any outside storage areas if and when a residential use is constructed and the city of Bellingham determines that such screening is necessary to ensure compatibility. Additionally, the owner of the site for which permitting is sought shall, prior to occupancy, irrevocably commit to install such screening if deemed necessary.

•    

Methods to attenuate noise from loading activity shall be employed as needed to protect residential uses immediately adjacent to the nonresidential use. This guidance will need to be applied with particular flexibility for residential uses in mixed-use buildings. Additionally, it is recognized that residential property in a mixed-use center will experience greater noise than property that is zoned strictly for residential uses. Thus, to the extent that noise regulations are applicable (see state noise regulation, Chapter 173-60 WAC) all subareas designated for mixed use shall be applied a Class B EDNA (environmental designation for noise abatement) for receiving property.

•    

Use of outdoor speakers shall be prohibited, except when used for special events or when it can add to the pedestrian experience.

•    

Exterior lighting shall have a cut-off angle that reduces spillover of light into adjacent residential uses. Light sources shall be shielded as necessary to minimize glare impacts on adjacent residential uses. Where land immediately adjacent to a commercial or industrial development is within the Barkley urban village, the land use designation of the adjacent property allows residential development and the adjacent land is vacant at the time of permitting, exterior lighting and light sources shall be designed to meet these standards.

4. Natural Systems.

•    

Natural topographical features and amenities including but not limited to open space corridors shall be integrated into site designs as a significant design element.

5. Design.

•    

As a future component of Barkley urban village’s development regulations, design guidelines should be developed for site layout, buildings, signs, and landscaping.

Site Components:

•    

New developments of over 20,000 square feet of gross floor area shall provide consolidated area for pedestrian plazas, parks, wider sidewalks or seating areas at the rate of one percent of the gross floor area. This area may be adjacent to a building entrance, bus stop or open space/trail area, provided it is abutting a pedestrian walkway, is lighted and is visible from a main entrance of the building. The area shall contain seating, trash container(s) and landscaping. Minimum width shall be 10 feet. The facility shall be available to residents, customers, and employees without a fee. Areas accessible to vehicles and areas immediately in front of entrance doors will not be counted in the calculation of this area. Indoor pedestrian plazas that are designed to provide an equivalent function and include windows to the outdoors, such as a mall courtyard, may be used to satisfy this provision.

•    

Developers are encouraged to incorporate crime prevention through the use of environmental design (CPTED).

•    

When feasible, site designs shall screen service areas from streets and pedestrian walkways. Adequate space shall be reserved for garbage and recycling functions where appropriate. These functions shall not be considered outside storage.

6. Grading.

•    

Site development shall incorporate the existing topography to the extent feasible. When retaining walls are necessary, terraced and landscaped walls are preferred.

•    

Where earth berms are used, adequate horizontal space shall be provided to allow appropriate side slopes and support proposed vegetation.

•    

Site clearing and grading shall only occur in conjunction with a development proposal. On-site storage of fill material shall be done in conjunction with a fill and grade permit and shall only be done in areas where existing drainage patterns will not be affected.

7. Landscaping.

•    

Parking areas shall contain landscaping islands to break up large expanses of hard surfacing. Scale of parking islands, their location and spacing and tree species shall be appropriate for the scale of the parking area. Planting areas shall be designed to protect trees from vehicles.

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

23

Public

Open space, trail

N/A

None

None

None

24

Public

Park, trail

N/A

None

None

None

25

Commercial

Planned

N/A

Access; drainage

Construction and payment of Burns St. as described in neighborhood plan

None

26

Residential Single

Detached, cluster, cluster detached and cluster attached; mixed uses*

Single-family – 10,000 sq. ft. min. lot size for detached and 10,000 sq. ft. overall density for cluster single-family development.

Density bonuses may be achieved through the density bonus provision in BMC 18.32.050 as amended.

Multifamily and duplex housing may only be permitted as part of a single-family development containing at least two acres. The number of multifamily and duplex units is limited to 25 percent of the allowed number of single-family units in the development after any applicable density bonus has been applied.

No vehicular access to Mt. Baker Highway; drainage; wetlands

None

*Mixed uses are limited to duplex and multiple-family dwelling units within a development containing single-family and infill housing units.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

Residential multi development regulations under Chapter 20.32 BMC, as amended, shall apply to development of duplex and multifamily lots.

Infill housing forms are permitted per Chapter 20.28 BMC.

27

Commercial

Planned

See Special Regulations*

Max. 2,500 sq. ft. of floor area per commercial use.

Critical areas.

Limit access points on arterial street.

Shared access/parking is encouraged.

Transmission pipeline.

Sunset Drive improved to arterial standards.

*Uses are permitted as specified in Chapter 20.38 BMC, except the following uses are prohibited:

1. Drive-through establishments, except a drive-through coffee house with interior seating and a single drive-through lane is permitted.

2. Service station.

3. Motel.

4. Mini storage.

5. Warehousing/wholesale.

6. Recycling collection center.

See Exhibit 2 – Area 27 Design Standards:

 

Exhibit 2

Area 27 – Design Standards

Development in Area 27 shall comply with BMC 20.38.050(C), except for as modified below:

1. Buildings shall be oriented toward street frontages and located adjacent to the rights-of-way as close as allowed by BMC 20.38.050(C), except a drive-through coffee house may have a drive lane as provided below. Buildings may be located interior to lots when the prior street frontage requirement is satisfied.

2. Building facades shall contain glazing (windows) and architectural details that avoid large blank walls.

3. Parking shall be located to the rear or side of a building.

4. A 10-foot landscaped setback shall be provided between a drive-through lane and any property line abutting a street or residential development. No drive-through menu speaker shall be oriented to face a single-family use.

5. Pole signs are prohibited, except for directional signs that are limited to six square feet in area and three feet in height.

6. One monument sign per site is permitted whether it is for a single or mixed use. The monument sign shall not exceed 60 square feet per sign face and six feet in height measured from existing grade.

7. Wall signs are limited to 32 square feet of sign area per tenant space.

8. Animated, moving, blinking (LED or similar) signs are prohibited.

9. Signage and private lighting shall be designed and installed to minimize illumination of adjacent properties.

10. Trash and recycling areas, and roof-top equipment shall be screened from public view.

11. One privately owned public plaza with seating shall be incorporated into the development of Area 27 to serve building tenants, customers, and members of the public.

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

28

Residential Single

Detached, cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 sq. ft. per dwelling unit for detached and cluster lots up to 3,600 sq. ft. per dwelling unit using cluster bonus provisions in Chapter 18.32 BMC or adopted city TDR program or the “fee-in-lieu-of” option.

Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

Lots not created by cluster subdivision: 5,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

Critical areas.

Buffer separating industrial uses from residential zone.

Neighborhood park.

Provide public trails as indicated in the Bellingham Comprehensive Plan.

Limit access points on arterial streets. Shared access is encouraged.

High pressure natural gas/transmission pipelines.

Extension of the water/sewer mains.

As development occurs downstream utilities may need to be upgraded.

Sunset Drive improved to arterial standards.

Dedication, extension, and improvements to E. Bakerview to arterial standards.

Dewey Road improved to arterial standards.

Duplex and multifamily units shall require design review approval under Chapter 20.25 BMC and meet Chapter 20.32 BMC.

Duplex and multifamily units shall not exceed 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

Infill housing forms are permitted per Chapter 20.28 BMC.

The density bonus may exceed the 50 percent total maximum under Chapter 18.32 BMC but density shall not exceed 3,600 sq. ft. per dwelling.

[Ord. 2017-09-023 § 1 (Exh. A); Ord. 2017-07-018 § 3 (Exh. C); Ord. 2015-11-044 §§ 6 (Exh. D), 7 (Exh. E); Ord. 2010-12-068].

20.00.020 Birchwood neighborhood table of zoning regulations.

BIRCHWOOD NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential Single

Detached, mixed

20,000 sq. ft. minimum detached lot size

None

None

The mixed designation is intended to allow agriculture and the raising of farm animals; provided, that they are not a commercial endeavor. The latter must have the approval of the Bellingham/Whatcom County health department.

2

Residential Single

Detached

7,200 sq. ft. minimum detached lot size

Buffer Interstate 5

None

None

3

Residential Multi

Multiple

1,500 sq. ft. per unit

Preserve Alderwood right-of-way

None

None

4

This area has been deleted

 

 

 

 

 

5

Residential Multi

Planned

None specified

Access

None

None

6

Commercial

Neighborhood

7,500 sq. ft. maximum building size

None

W. Maplewood improvements

None

7

Residential Multi

Planned (Resos. 21‑84, 43‑84, 40‑85, 45‑85, 51‑85)

2,500 sq. ft. per unit, 1,500 sq. ft. if two or more lots of record are consolidated

Access; buffer all single-family structures

Improvement of W. Maplewood arterial to recommended standards should occur prior to additional apartment development.

None

7A

Residential Multi

Planned

2,500 sq. ft. per unit, 1,500 sq. ft. if two or more lots of record are consolidated

Access; buffer all single-family areas with fencing and landscaping; residential multi interior side setbacks

Improvement of W. Maplewood arterial to recommended standards should occur prior to additional apartment development. The adequacy of the reclamation of the coal mine site as it relates to public safety should be proven before any development is allowed.

Building and parking areas shall use residential multi setback requirements.

Wooden fences six feet high along the rear property line shall be required during site plan review.

8

Public

School

N/A

None

None

None

9

Public

School

N/A

None

None

None

10

Commercial

Planned (Ord. 9017; Resos. 45‑84, 77‑84, 40‑85; PC 87-6)

None specified

Shoreline; clearing; screen

Improvement of W. Maplewood to recommended standards should occur before additional development is allowed on properties fronting the street. The adequacy of the reclamation of the coal mine site as it relates to public safety should be proven before any development is allowed.

None

11

Residential Multi

Planned (Res. 71-83)

None specified

Flood; shoreline; access to Birchwood limited; buffering

Improvement of Birchwood/Meridian intersection. The adequacy of the reclamation of the coal mine site as it relates to public safety should be proven before any development is allowed.

None

12

Residential Single

Detached

10,000 sq. ft. minimum detached lot size

Little Squalicum channel

None

None

13

Public

School

N/A

Parking; access

None

None

13A

Public

School

N/A

Parking; access; drainage

Relocation of primary access; improvement of W. Illinois St.; pedestrian and bike access easement.

None

13B

Public

School

N/A

Parking; access; drainage

None

None

14

Residential Multi

Duplex

Single-family – 4,000 sq. ft. minimum detached lot size

Shoreline; Roeder right-of-way

Improved access

None

15

Industrial

Planned

N/A

Shoreline; Roeder right-of-way; flood; buffer

None

None

16

Residential Single

Detached

7,200 sq. ft. minimum detached lot size

Access, view

None

None

17

Residential Multi

Duplex

20,000 sq. ft. minimum detached lot size. 7,500 sq. ft. per unit duplex

One access per existing lot; view; shoreline

None

None

18

Public

Park

N/A

Squalicum Creek Park Master Plan

Squalicum Creek Park Master Plan

None

19

Residential Single

Detached

20,000 sq. ft. minimum detached lot size

Shoreline; clearing; access to Squalicum Pkwy.; buffer creek and parkway

Completion of Floodplain Management Study by HUD

None

20

Residential Single

Detached

20,000 sq. ft. minimum detached lot size

Shoreline; clearing; access to Squalicum Pkwy.; buffer creek and parkway

Completion of Floodplain Management Study by HUD

None

21

Residential Multi

Planned

2,500 sq. ft. per unit

Traffic

None

None

22

Commercial

Planned

None specified

None

Sewer

None

23

Public

Governmental Services

N/A

None

None

None

24

Public

Park

N/A

Squalicum Creek Park Master Plan

Squalicum Creek Park Master Plan

None

[Ord. 2005-12-105; Ord. 2004-12-087].

20.00.030 Central business district neighborhood table of zoning regulations.

Repealed by Ord. 2014-09-049. [Ord. 2013-12-090 §§ 4 (Exh. C), 5 (Exh. D); Ord. 2010-12-071; Ord. 2008-03-022; Ord. 2005-12-106; Ord. 2004-12-087].

20.00.031 City center neighborhood table of zoning regulations.

CITY CENTER NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Conditions

Special Regulations

1

Industrial

Light, mixed

N/A

Shoreline; property legally described in Attachment 1 to Ord. 2010-12-071 shall have a height limit of 60 feet.

None

Mixed uses include:

1. Manufacturing of water related goods such as:

a. Ship and boat building and repair.

b. Canned and cured fish and seafoods.

c. Fresh or frozen packaged fish and seafoods.

2. Other uses pertaining to the storage, manufacture or construction of any product which requires or is functionally dependent upon water transport.

2

Industrial

Light

N/A

Shoreline

None

None

3

Commercial

Waterfront

N/A

Shoreline; public access and viewpoints where appropriate

Park

None

4

Commercial

Planned, mixed

See Special Regulations

Offices and residential uses when at ground level should not cover more than 15 percent of the site in Area 4

View; traffic; setback-height flexibility; utilities; shorelines

Public Access

Mixed uses include water dependent, water related, water enjoyment uses. Tourist-oriented uses such as retail shops, hotels, convention facilities, trade centers, restaurants, fisherman/farmers’ market, moorage, a marine cruise terminal, offices and residences are encouraged.

 

 

 

 

 

 

Development phasing is permitted, provided the remaining public amenities as described in Res. 69-1984 are installed prior to or concurrent with any peninsula development.

 

 

 

 

 

 

No required setback or height restrictions should be imposed.

 

 

 

 

 

 

Basic Design Parameters:

 

 

 

 

 

 

1. Uninterrupted public access shall be provided along the shoreline edge at grade except where restricted access is required for safety and navigation.

 

 

 

 

 

 

2. The overall development plan should promote the visual feeling of public accessibility into the project and public areas. The building design and resulting site development shall be configured so as to maintain some through views from the point to the water and surroundings. These view areas are anticipated to occur through the development of public spaces, plazas, etc., within the project.

 

 

 

 

 

 

3. Views from residential areas to the north and northeast shall not be adversely impacted. No buildings higher than 35 ft. shall be permitted on the northwestern “panhandle” portion of Area 4. In other areas, construction not to exceed a building height up to 65 ft. to the top of the roof line shall be permitted, except where approved in the site plan review process.

 

 

 

 

 

 

The project(s) roof surface shall be developed to create an enhanced visual appearance. This approach shall consider options such as:

 

 

 

 

 

 

• Screened equipment areas

 

 

 

 

 

 

• Roof landscaping

 

 

 

 

 

 

• Selection of roof materials to enhance appearance

 

 

 

 

 

 

• Roof deck(s) or plaza(s)

 

 

 

 

 

 

• Roof screens

 

 

 

 

 

 

The roof elevations shall be developed to create an enhanced visual approach. This approach shall consider options such as:

 

 

 

 

 

 

• Modulating the roof form

 

 

 

 

 

 

• Height variations of roof(s)

 

 

 

 

 

 

• Use of attractive construction

 

 

 

 

 

 

• Landscaping

 

 

 

 

 

 

These design elements may also extend above the basic height limitation.

 

 

 

 

 

 

4. Off-site parking specifically constructed or reserved for the project may be permitted.

 

 

 

 

 

 

Traffic and utilities need to be evaluated commensurate with the size of development. At the time of site plan submittal, fire flow may have to be upgraded.

 

 

 

 

 

 

Prior to formal submittal of the planned application to the city, two meetings with the neighborhood shall be required to be held.

5

Commercial

N/A

N/A

Shoreline

None

See BMC 20.35.055 through 20.35.085, old town overlay district

6

Urban Village

Waterfront district

See BMC 20.37.400 through 20.37.480, waterfront district urban village

Shoreline

None

None

7

Urban Village

Downtown district

See BMC 20.37.500 through 20.37.560, downtown district urban village

Shoreline

None

None

[Ord. 2014-09-049 § 17 (Exh. D)].

20.00.040 Columbia neighborhood table of zoning regulations.

COLUMBIA NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential Single

Detached

15,000 sq. ft. minimum detached lot size

Flood; shoreline; clearing

None

None

2

Commercial

Neighborhood

10,000 sq. ft. maximum building size

Flood; shoreline; clearing

None

None

3

Residential Single

Detached

5,000 sq. ft. minimum detached lot size

Flood; shoreline; clearing; historic

None

The following setback requirements shall apply to the older homes in this area:

Front yard setbacks shall be reduced to 40 ft. from centerline to 10 ft. from property line (whichever is greater).

Side and rear yard setbacks shall be reduced to the minimum allowed by the building code.

It shall be the responsibility of the homeowner to provide evidence of the existence and location of all proposed replacements.

3A

Residential Single

Detached

5,000 sq. ft. minimum detached lot size

Shoreline; historic; view; clearing

None

See Special Regulations for Area 3.

4

Public

Park

N/A

None

None

None

5

Public

School

N/A

None

None

None

6

Urban Village

Fountain district

See BMC 20.37.200, Fountain district urban village

None

None

None

7

Public

Park

N/A

Historic

None

None

8

Residential Multi

Multiple – mixed (offices allowed)

1,000 sq. ft. per unit

Historic

None

None

9

Public

Park

N/A

None

None

None

11

Residential Multi

Multiple; planned for development below the upper table area adjacent to E. Maplewood grade

N/A

Flood; shoreline; clearing

E. Maplewood improvement

None

[Ord. 2010-10-057; Ord. 2004-12-087].

20.00.045 Cordata neighborhood table of zoning regulations.

CORDATA NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential (Mixed), Commercial, Industrial

Planned, Cordata business park, State II, PUD Amendment No. 2 (see Exhibit A after this table).

Density as specified in the Cordata master plan, development and design guidelines and the PUD conditions in Exhibit A after this table.

All development shall comply with the Cordata master plan, conditions adapted for the area by the city of Bellingham (Exhibit A after this table) protective covenants, the Design and Development Guidelines, and Bellingham’s Wetland and Stream Ordinance; the Cordata design review committee shall review all proposed development and shall give final approval prior to issuance of a building permit.

All conditions of the Cordata master plan as amended and shown in Amendment No. 2 shall be met as required in the phasing schedule; provided, that the appropriate alignment of the east-west Slater Connector arterial route with the intersection at Meridian St. shall be determined.

See Exhibit A after this table.

2

Public

Park

N/A

Cordata Park master plan

A sewer main will need to be extended along W. Horton Rd. to provide service. The sewer main extension may connect to the Horton Pump Station.

A water main will need to be extended to provide service.

None

3

Residential

Planned; Cordata business park, State II, PUD (see Exhibit A after this table).

Density as specified in the Cordata master plan.

Development and design guidelines and the PUD conditions in Exhibit A after this table.

All development shall comply with the Cordata master plan, conditions adapted for the area by the city of Bellingham (Exhibit A after this table) protective covenants, the design and development guidelines, and Bellingham’s wetland and stream ordinance; the Cordata design review committee shall review all proposed development and shall give final approval prior to issuance of a building permit.

All conditions of the Cordata master plan as amended shall be met as required in the phasing schedule.

See Exhibit A after this table.

4

Institutional/
Residential

Planned; Cordata business park, State II, PUD (see Exhibit A after this table).

Density as specified in the Cordata master plan.

Development and design guidelines and the PUD conditions in Exhibit A after this table.

All development shall comply with the Cordata master plan, conditions adapted for the area by the city of Bellingham (Exhibit A after this table) protective covenants, the design and development guidelines, and Bellingham’s wetland and stream ordinance; the Cordata design review committee shall review all proposed development and shall give final approval prior to issuance of a building permit.

All conditions of the Cordata master plan as amended shall be met as required in the phasing schedule.

See Exhibit A after this table.

EXHIBIT A TO CORDATA ZONING CODE – Area 1, 3, and 4

CORDATA ANNEXATION NORTH OF HORTON ROAD

The documents and conditions included in the Cordata business park master plan, associated environmental impact statement, Cordata business park development and design guidelines and the documents that make up the Cordata PUD Amendment No. 2 (the PUD amendment application, EIS documents and Conceptual Site Plan and Open Space Concept dated August 28, 1995) shall function as the planned unit development or planned development approval for that portion of Cordata located north of Horton Road. This approval may be amended through procedures contained in the city’s planned unit development regulations or other applicable ordinances. Prior to adoption of a planned unit development ordinance by the city, the procedures of planned development shall be used to consider any proposed amendments.

The following represents the Cordata PUD conditions of approval as adopted by Whatcom County that are generally applicable to the section of Cordata north of Horton Road. Some conditions also apply to the whole of Cordata, both south and north of Horton Rd., and were associated with the first approval of Cordata in 1986 (PUD 1-84). Other conditions were added during the 1996 Cordata PUD Amendment No. 2 for the majority of the Cordata site north of Horton Rd. The condition language has been modified to (1) reflect conditions that have already been satisfied, (2) adapt the language to city of Bellingham codes and procedures and (3) eliminate conditions no longer applicable.

Trillium Corp., as developer, or its successors and assigns in interest to Cordata and all persons owning or developing property within Cordata shall comply with the provisions of the approved PUD as referenced above and the following conditions:

(Condition numbers reference the county documents from which they were taken. The “A.I” and “A.II” conditions are from the 1986 PUD 1-84. The “B” conditions are from the 1996 Cordata PUD Amendment No. 2.)

General Provisions

B(Note 1)

Approval of Cordata PUD Amendment No. 2 does not nullify the original conditions of PUD1-84.

A.I(1)

All construction activities, including but not limited to road, drainage, and land alteration improvements, shall follow the design standards and construction procedures outlined in city of Bellingham development standards.

A.I(3)

Whenever public agency regulations, policies, or other requirements are applicable to development under the Cordata PUD, definitions found in public documents shall prevail over those found herein or in the documents provided by the developer in cases of conflict or to resolve ambiguities that may arise.

A.I(4)

All division of land for sale or lease shall require approval by the city through binding site plan, subdivision, short plat or other appropriate procedures consistent with city codes. Property that has received general binding site plan approval but not specific binding site plan approval from the county shall obtain specific binding site plan approval from the city prior to the issuance of building permits on that site.

 

All construction or development on the site must secure a certificate of consistency from the Cordata design review committee (DRC) and approval by the planning and community development department prior to permit issuance. Development proposals shall be reviewed by the city technical review committee for conformance with the Cordata PUD prior to approval of the planning and community development department.

A.I(6,7, 36‑38,40)

The city of Bellingham acceptance of the PUD as zoning for the site relies on the county record that the development has complied with the following PUD conditions:

 

a. The development and design guidelines, protective covenants, and design review committee regulations were to be reviewed by the appropriate county departments for compliance with the PUD ordinance, the conditions within the PUD permit, and any other applicable laws;

 

b. Recording of the approved restrictive covenants;

 

c. Amending the building height and grade definitions in the development design guidelines to conform to county zoning definitions;

 

d. Addition of the following statement to the protective covenants: “No relaxation granted by the DRC shall be interpreted as a variance from the minimum standards of official Whatcom County regulations or city of Bellingham regulations unless such minimum standard regulations have already been altered by flexibility authorized by the PUD ordinance and permit approval”;

 

e. Amendment to the protective covenants, Section 20, Exemption, shall limit the developer’s actions to require minor improvements for marketing purposes, not for building construction and the like; and

 

f. Plan review submission requirements, Section B on Page 8 of Design Review Procedures, shall be supplemented with a note that these requirements are supplemental to Chapter 20.80 WCC.

 

g. The definitions of Sections A(1)(f) and B(6) in the development and design guidelines for building height and building grade shall be amended to conform to those of Chapter 20.85 WCC.

 

All future or amended design review committee guidelines must be consistent with the PUD permit and existing laws and regulations at the time of the creation or modification of the design review committee guidelines.

A.I(34)

The developer shall comply with the applicable state and local laws of any other governmental entity, which has jurisdiction over a portion of the site, to ensure that all requirements of each of the governmental entities will be met.

A.I(44)

All future development, building, uses or other changes to the site must conform to the conditions in this PUD permit, to any binding site plans approved for the appropriate phase of the development, and any other conditions imposed by law in order to comply with this PUD permit. All future development shall further conform to the guidelines issued by the design review committee at the time of the development and shall comply with the requirements set out in the final environmental impact statement.

A.I(45)

The chief executives of the city and county shall appoint the public sector members of their respective jurisdictions to the design review committee. The composition of the design review committee should include three members from the city of Bellingham departments associated with development review, one member from Whatcom County, two from the Cordata business park association, one from the Trillium Corporation, or its heirs and assigns, and one member at large to be appointed by the other members of the DRC.

A.I(39)

Protective covenants shall allow periodic review of the terms of the covenants to allow minor changes to meet changing conditions. Major changes to the covenants, as determined by the planning and community development director shall require review of the DRC. Covenants shall be consistent with the approved PUD. The covenants shall remain in effect until termination is approved by the city of Bellingham.

A.I(40)

Design review committee plan submittal requirements are supplemental to city of Bellingham permit application submittal requirements.

A.I(15)

Recycling of waste materials shall be encouraged under Section 8.10, Refuse, of the protective covenants.

B(21)

A system of signs for identifying the location of each residential unit and other uses on the site shall be established, based on considerations of crime prevention and the needs of emergency vehicles.

A.I(29)

The parking space requirements set forth in the Cordata development and design guidelines in Section 2.8.2 are hereby approved as minimum parking standards. The design review committee, however, has the authority to increase these requirements for a particular use under review if the minimums do not prove adequate with concurrence and approval of the city technical review committee.

A.I(8)

All buildings, signs, or other improvements to the property must obtain proper building permits and comply with all applicable city, county, state or federal regulations and the appropriate design management documents, which are part of the PUD approval and any other laws which may be applicable at the time of construction.

Permitted Uses

B(27)

Land uses on the 239-acre Cordata Amendment No. 2 site shall conform to the PUD application and the “Cordata Business Park P.U.D. Amendment North of Horton Road” Conceptual Site Plan and Open Space Concept dated 8-28-95, except as provided for in the “industrial land use option” specified in condition B(28) below. A list of the uses allowed is attached as Appendix A.

B(28)

The PUD Amendment No. 2 provides for an “industrial land use option.” The PUD amendment authorizes the construction of 1,779 residential units, along with the other commercial, institutional, and recreational development described in the application, on the northern 239 acres of the Cordata business park. It also recognizes that areas A1 and H1 (SFEIS, p. 20), which total 19.7 acres, will be developed with industrial uses, as contemplated under the original PUD approval, without a reduction in the 1,779 residential units approved herein. However, the applicant shall also have the right to exercise an “industrial land use option” requested by the city of Bellingham. This option permits the applicant to develop areas A2, H2, F, and G (SFEIS, p. 20), which total 47.8 acres, with industrial uses as approved under the original PUD (PUD 1-84), in lieu of developing these areas with residential uses. Areas A2, H2, F, and G are planned for “medium to high density” residential development of seven to 18 units per acre under the amendment application. If the applicant chooses to revert back to the industrial uses authorized on these parcels under the original PUD approval (PUD 1-84), such industrial uses shall be subject only to the original conditions of PUD 1-84, with the understanding that the design review committee shall give particular attention to buffering these industrial uses when they are adjacent to nonindustrial uses and nonindustrial zones. Additionally, if the applicant chooses to develop these areas with industrial uses, seven residential units shall be eliminated for every acre of land in areas A2, H2, F, and G that is devoted to industrial use.

Density

B(32)

The maximum number of dwelling units in the entire 626.7 acre Cordata business park site shall be limited to 2,651. No more than 1,779 of the total 2,651 residential units are planned for the 239-acre amendment site.

Streets and Access

A.II (1-4, 22)

The city acknowledges the following requirements of the PUD have been completed:

 

a. Construction of Kellogg Road.

 

b. Installation of traffic control signals at the Kellogg/Meridian intersection, the Cordata Parkway/W. Bakerview Road intersection and the Meridian/Westerly Rd. intersection.

 

c. Improvement of the Cordata Parkway/Bakerview intersection consisting of a left turn lane and upgraded right turning movements.

 

d. Construction of Horton Road.

A.I(20)

The primary on-site public road system for the entire Cordata site shall include the following four-lane wide routes:

 

Cordata Parkway (north/south spine road extended) from Kellogg Rd. to the Kline Road (all but the north section has been completed);

 

Horton Road east of Cordata Parkway to Guide Meridian (this section has been completed);

 

Stuart Road east of Cordata Parkway to Guide Meridian;

 

Kline Road east of Cordata Parkway to Guide Meridian;

 

Left turn lanes shall be provided at major intersections. Two-lane routes shall include: Horton/Thomas; Stuart/Kellogg loop; Allans Road and June Road. The access road system shall either be comprised of private or public roads, which shall be decided at the engineering alignment, plan approval stage of each road facility.

A.I(21)

The Trillium Corporation, as developer, or its successors and assigns, acting as developer, shall share the cost of the following improvements, in proportion and manner to be determined after reaching a threshold of building construction build-out of 3,250,000 square feet. No further building permits beyond the 3,250,000 square feet shall be issued until an agreement is approved between the Trillium Corporation as the developer, the city and the county as to the method of construction and financing of the following road sections:

 

a. Stuart Road between the Guide Meridian and east property boundary. The improvement shall be a four-lane arterial constructed at the same time the connection is underway in an easterly direction within the development site.

 

b. Thomas Road (an extension of Horton Rd. westerly) between the west property boundary and Aldrich Road. This facility shall be a minor collector.

 

c. Allans Road (Eliza Ave.) between the south property boundary and Bakerview Road. This facility shall be a minor collector.

 

d. June Road between the west property boundary and Aldrich Road. This facility shall be a minor collector.

A.I(23)

When Cordata reaches 25 percent build-out (3,250,000 square feet), as determined by building permit tally, a transportation study will be prepared in which the Trillium Corporation will participate in a proportionate share to determine the comprehensive sources of impacts to the city and county road systems and alternative methods of mitigating such impacts. Specifically, off-site roads to be included in such study will include the following:

 

a. Kline Road between the west boundary of the project and Aldrich Road. This facility shall be a major collector.

 

b. Aldrich Road reconstruction between Northwest Road and Kline Road. This facility shall be a major collector constructed either in stages as the east/west collectors are built or a full length project.

 

The city acknowledges that the following improvements have been completed:

 

c. Aldrich Road/Northwest Drive intersection alignment. This project will include right-of-way and roadway construction. Left turn lanes will be provided as needed.

 

d. W. Bakerview Road between I-5 and Cordata Parkway.

A.I(24)

In the event that the developer of Cordata is eligible for off-site road improvements reimbursement from other property owners in accordance with Chapter 35.72 RCW, upon a request for an approval by the city of Bellingham or Whatcom County, as appropriate, the developer shall be responsible for the information gathering in formulating such reimbursement contracts as directed by the county or city engineer, as appropriate.

A.I(25)

Internal road and off-site roads shall be constructed to an all-weather standard in order to avoid weight limit restrictions during certain weather conditions. This will apply to the truck routes as designated in the Master Plan (Plan No. 6.01).

A.I(28)

For internal road construction, the city of Bellingham standards shall apply.

A.I (35)

Private roads, drainage facilities, and other community facilities which will be privately maintained under an owner or community association or similar type entity shall require plans to be submitted to the city of Bellingham public works department which detail the maintenance program, and said program shall be approved by the city engineer prior to implementation.

A.II(5)

Access points along Kellogg Road between Cordata Parkway and Guide Meridian shall be limited to one mid-block 30-foot-wide driveway or roadway on each side of the street. Street lighting shall not be placed in the road median. Two additional right-in, right-out accesses along this section of road shall be permitted with appropriate curb cuts.

A.II(6)

The Whatcom transportation authority shall be consulted for incorporation of bus pull-outs along bus routes within Cordata if deemed appropriate by said authority. The developer shall be responsible for the installation of such improvements.

B(1)

All streets, drainage and utilities shall be designed to city standards and be consistent with the Cordata development and design guidelines, where applicable.

B(2)

Transportation impact fees shall be paid to the city of Bellingham at building permit issuance. Additionally, the developer shall participate on a fair share basis in the funding of traffic signals at Horton Road and Guide Meridian, and at Cordata Parkway and Kellogg Road. The city of Bellingham shall determine the timing of the installation of these signals based on signal warrants. Payment of the developer’s proportionate share shall be made at the time of signal construction.

B(3)

The applicant shall construct Cordata Parkway to secondary arterial standards. Cordata Parkway shall have left turn bays at major intersections, for both public and private streets. Cordata Parkway may be constructed in phases, if approved by the public works director.

B(4)

The east-west connector (in the vicinity of the Kline Road/Waldron Road alignment) shall be constructed to principal urban arterial standards within the city and to rural major collector standards in the county. Phasing of the development shall be coordinated with construction of the east-west connector, as follows:

 

a. Construction of Cordata PUD Amendment No. 2 Phase II shall not commence until the east-west connector has been constructed between Cordata Parkway and the Guide Meridian.

 

b. Construction of Cordata PUD Amendment No. 2 Phase III shall not commence until the east-west connector has been constructed between Cordata Parkway and Northwest Drive.

B(Note No. 2)

For purposes of administering the conditions of Cordata, Phase I, II and III of the Cordata PUD Amendment No. 2 site shall be defined as follows:

 

Phase I – consists of approximately 187 single-family units, 188 duplex units, 375 multifamily units, a congregate care facility, a 10,000-square-foot recreation building, and 7,500 square feet of convenience retail/office space, a community center building, an athletic facility and a 100-seat restaurant. When total daily trips from the 239 acre amendment site reach 7,400, the project shall be deemed to have completed Phase I (see SFEIS, Appendix A, Transportation Impact Study, Table 4, Projected Trip Generation Estimates – Phase I, p. 23).

 

Phase II – consists of 150 single-family units, 150 duplex units, 300 multifamily units, and 2,500 square feet of convenience retail/office space. Total daily trips for the uses specified in Phase II will be determined in the traffic study required by recommended condition 6. When total daily trips reach the number calculated for Phase II, the project shall be deemed to have completed Phase II.

 

Phase III – consists of 65 single-family units, 64 duplex units, and 300 multifamily units.

B(5)

The developer’s financial participation in construction of the east-west connector roadway shall be as follows:

 

a. In the event that Whatcom County and/or the city of Bellingham construct the east-west connector prior to the time the road is required to develop Phase II and/or Phase III of Cordata PUD Amendment No. 2, the developer shall contribute a pro-rata share to facilitate construction of this road.

 

b. In the event that the east-west connector is not constructed prior to the time the road is required to develop said Phase II and/or Phase III, the developer may either construct the east-west connector in phases as specified in conditions B(4) a. and B(4) b. above or delay development until the east-west connector is constructed.

B(6)

Prior to any construction of Cordata PUD Amendment No. 2 Phase II, the developer shall provide an updated traffic study, to be reviewed by both the Whatcom County division of engineering and the city of Bellingham public works department. The purpose of the traffic study shall be to reevaluate traffic impacts and to determine the applicant’s level of financial participation in off-site road improvements. The study shall specifically address the following road improvements:

 

a. Constructing the east-west connector (in the vicinity of the Kline/Waldron Road alignments), from Guide Meridian to Northwest Drive;

 

b. Widening Guide Meridian (SR 539) to a minimum four-lane configuration (five lanes at major intersection) to Smith Road;

 

c. Signalizing the intersection of Northwest Drive and Smith Road;

 

d. Signalizing the intersection of Northwest Drive and Slater Road;

 

e. Rechanneling and widening eastbound and westbound intersection approaches at the intersection of Guide Meridian (SR 539) and Smith Road. Providing protected left-turn movements on all legs of the intersection;

 

f. Providing a three-lane approach eastbound (left, through, and right turn lanes) at the intersection of Guide Meridian and the east/west connector roadway;

 

g. Signalizing the intersection of Aldrich Road and the east/west connector roadway; and

 

h. Any other intersection or road improvement identified by Whatcom County or the city of Bellingham.

 

If the developer, the Whatcom County division of engineering, and the city of Bellingham public works department cannot agree on the applicant’s level of financial participation in road improvements recommended by the above-referenced traffic study, then the matter shall be referred to a joint Bellingham city council and Whatcom County council meeting, who shall decide the applicant’s level of financial participation. The above-referenced study shall also calculate the daily trips associated with Cordata PUD Amendment No. 2 Phase II, in order to define when Phase II has been completed.

B(7)

Private roads with an average daily traffic of 1,000 vehicles or more shall have vertical curbs and gutters to provide an added measure of safety for pedestrians.

B(8)

All signing and striping shall be installed per MUTCD standards at the applicant’s expense.

A.I(32)

Public transportation access should be encouraged. The developer shall take into consideration the access requirements of Whatcom transportation authority, including special transportation, in designing roads and driveways.

A.I(26)

Before existing rights-of-way are vacated on the Cordata site, the substitute right-of-way shall be dedicated.

Drainage and Wetlands

B(9, 22)

All development shall comply with the provisions of Chapter 15.42 BMC (stormwater) and Chapter 16.55 BMC (wetlands and streams). Provisions for maintenance of the stormwater system shall be submitted and approved.

B(10)

Fill and grade permits, clearing permits, and revocable encroachment permits shall be obtained when required. Clearing and grading activities shall comply with the provisions of Chapter 16.60 BMC (clearing) and Chapter 16.70 BMC (grading).

B(11)

Erosion control plans shall be submitted and approved prior to any clearing or grading on the site.

A.I(13)

The Trillium Corporation or Cordata business park association shall submit a biannual drainage maintenance program to the city engineer for approval. The city shall have the right to bill the association for any maintenance work done under city authorization that the association fails to perform after a reasonable time beyond written notification by the county.

A.I(14)

There shall be no outside storage of potentially polluting materials and no toxic wastes shall be allowed to enter the sewer system in compliance with the protective covenants, development guidelines, local, state, and federal laws.

A.I(16)

Oil and grease separators shall be required at collection points of water from parking lots, garages, and similar places where oils are likely to accompany surface water drainage.

A.I(17)

Cordata business park association shall be responsible for developing a program for containment and recovery of spills of toxic or dangerous materials that have a potential for entering the drainage system in compliance with the protective covenants, development guidelines, local, state and federal laws.

A.II(11)

Stormwater runoff shall be managed to mitigate post development runoff rates and impacts to adjacent building sites or properties by implementation of storm detention, retention, and surface collection systems. Orifice to the outflow control structures shall be calibrated based upon the allowable discharge rate of 0.2 cfs per acre. On-site drainage systems shall collect runoff and transmit such to management facilities and prevent site drainage from impacting adjacent developments or properties.

A.II(12)

Downstream drainage facilities shall be evaluated and up-sized by the developer, if necessary, to carry the designed outflow from the development.

A.II(13)

Stormwater collection devices shall provide oil/water and floatable solids separation. A structured maintenance management program for collection devices shall be approved by the appropriate governing body.

A.I(11)

The developer shall provide to the city all comprehensive drainage studies and plans (including location, size and type of detention facilities and location and size of major drainage pipe systems) that were submitted to the county under the conditions of the PUD. Further drainage studies may be required for individual subareas of the site. An adequate drainage plan shall be demonstrated for each drainage area before any binding site plan or building permit is approved for that area.

A.I(12)

A drainage study on the downstream impacts on the Silver Creek drainage basin was required to be submitted to the county engineer prior to the issuance of any building permits. The developer shall provide a copy of this information to the city engineer.

A.I(18)

The developer was required to provide the following information to the county and Department of Game: Surface water quality baseline information shall be collected and provided for all site discharge points of surface water drainage prior to final PUD approval (issuance of building permits) in compliance with the protective covenants, development guidelines, local, state, and federal laws. The developer shall provide a copy of this information to the city.

Binding Site Plans and Subdivisions

B(12)

All fences along the property lines and easements shall be shown on the final mylar along with the standard fence disclaimer note if a discrepancy exists.

B(13)

Road name proposals for unnamed new roads must be submitted for approval.

B(14)

All road, drainage facilities, and grading plans shall be designed and stamped by a state licensed engineer and submitted for approval prior to construction. As-built road plans and a letter of certification from a licensed engineer must be submitted to the county engineer prior to acceptance of any roads into the county road system.

B(15)

The developer shall consult with the post office for the location of mail boxes.

B(16)

Addressing shall be coordinated with the city building services division.

B(18)

The Cordata Parkway and east-west connector rights-of-way shall be vacated and rededicated in the proposed alignment on the general binding site plan and final plat.

B(24)

The school mitigation/impact fee requirement shall be disclosed on the face of each final plat, general binding site plan, and specific binding site plan.

B(26)

Development shall take place consistent with the Cordata business park development and design guidelines. Additionally, in order to provide flexibility from underlying zoning requirements, the developer shall propose minimum setbacks, maximum height limits, and minimum lot sizes when each final plat and/or specific binding site plan is submitted for approval. The city shall review and approve setbacks, height limits, and lot sizes. The approved setbacks, height limits and lot sizes shall be disclosed on the face of the final plat or specific binding site plan, as appropriate.

B(30)

Binding site plans developed with condominiums shall contain thereon the following statement:

 

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ association have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

B(35)

Approval of the preliminary long plat shall become invalid unless a final plat is submitted in proper form for final approval within three years of the date of preliminary plat approval, except if extended pursuant to applicable city codes. Redivision of the three tracts in the long plat that are intended for residential uses shall be accomplished through the standard preliminary/final plat procedure and/or the general/specific binding site plan procedure, whichever is appropriate.

B(34)

The general binding site plan has been approved by Whatcom County. The last specific binding site plan shall be filed no later than 15 years after recordation of the general binding site plan with the possibility of a one-year extension if requested in writing within 30 days of the date the binding site plan is scheduled to expire. The one-year extension may be granted upon a finding by the administrator that the applicants have been diligent in their attempt to finish by the expiration date and that the extension would not be detrimental to the public interest.

Fire Department Requirements

A.II (7)

The PUD requires pump facilities to be installed as necessary to provide a minimum base level of fire flow. Any such facilities shall be installed prior to the issuance of building permits for the subject development.

B(19)

Fire suppression water (fire flow) and hydrant placement shall be provided in accordance with the city of Bellingham public works standards and approved by the city of Bellingham fire department.

B(33)

Condition 33 of the original PUD approval requires the developer to deed to Whatcom County Fire District No. 8 a site for a fire station within the Cordata boundaries. As a condition of this amendment, the timing for compliance with this previous condition shall be as follows: The fire station site shall be deeded to Fire District No. 8 prior to issuance of any building permit for development authorized pursuant to this PUD amendment approval, unless waived in writing by the chief of Fire District No. 8. An October 21, 1996 memo from the fire chief of Whatcom County Fire District No. 8 states, “Whatcom County Fire District 8 does not need or require the property set aside and located in the Cordata North area for a future fire station. We would request that you touch base with the chief of the Bellingham fire department since this area is scheduled to be annexed into the city in the near future.” The final determination of whether a fire station site shall be dedicated to the city shall be deferred until the completion of a fire protection services master plan to be developed between the Bellingham fire department and the rural fire districts. (See 12/97 Interlocal Agreement.) This provision shall not be construed to prohibit development of sites within the PUD prior to completion of the fire protection services master plan.

Utilities

B(17)

Public water and sewer shall be provided to all sites. On-site septic systems shall not be permitted. The developer shall upgrade the Horton Road sewer pump station, as required by the city of Bellingham.

B(20) and A.I(42)

All utilities shall be underground.

A.II(8)

Water mains shall be sized in accordance with city of Bellingham standards with minimum fire flow conveyance to far reaches of the site accomplished.

A.II(9)

Hydrants which meet the city standards shall be spaced and located along streets as the streets are constructed according to a plan approved by the Bellingham fire department.

A.II(10)

Sanitary sewer shall be extended in accordance with city of Bellingham standards.

School Impact Fees

B(23)

The developer has provided the mitigation agreements required in the following PUD Amendment No. 2 condition. These agreements are attached as Appendix B.

 

Prior to recording either the Plat or General Binding Site Plan, the developer shall enter into mitigation agreements with the Ferndale School District and the Meridian School District to provide temporary space in portable classrooms and other school facilities as needed in order to house or otherwise accommodate the students that may reside in the proposed development. Unless other terms are mutually agreed to by the School District(s) and the developer, the agreement shall contain substantially the same terms as the Draft Mitigation Agreement example included in the record. The mitigation fee shall be set at $850 per single family residence, $850 for each unit in a duplex, and $450 per multifamily unit; provided that the mitigation agreement shall specify that the amount of the mitigation fee shall be subject to review upon request of either the developer or the school district at intervals of no less than five years and may be adjusted upward or downward based on such economic and social factors as inflation, need for classroom space, and family size. The mitigation fee shall mitigate the significant adverse environmental impacts as identified in the SEPA process as specified in Chapter 43.21C RCW and Chapter 197-11 WAC. The fee for each unit shall be paid prior to the issuance of a building permit for that unit. Units located within the Ferndale School District area shall pay the mitigation fee to the Ferndale School District. Units located in the Meridian School District area shall pay the mitigation fee to the Meridian School District. Any units in the Cordata Business Park Amendment #2 area restricted to “seniors only” through enforceable covenants that have been approved by Whatcom County or the City of Bellingham shall not be required to pay the mitigation fee. However, said covenants restricting units to “seniors only” may only be removed if prior notice is given to the City of Bellingham, Meridian School District, and Ferndale School District. Additionally, said covenants shall specify that the mitigation fee in effect at the time the covenant is removed shall be immediately paid to the appropriate school district at such time as the “seniors only” covenant is removed for those units which have not paid the fee. The covenant shall also specify who is responsible for paying the fee. In the event that the City of Bellingham were to adopt a school impact fee based on Chapter 82.02 RCW, that applies to the subject property, the developer agrees to pay to the school districts the impact fees based on Chapter 82.02. Payments made to the school districts under the provisions of Chapter 82.02 shall be in lieu of the payments under the provisions of SEPA, Chapter 43.21C RCW, set forth above, to mitigate significant adverse impacts to schools as identified through the SEPA environmental review process.

 

Development within the Bellingham school district shall be subject to the payment of school impact fees as required by Bellingham Ordinance No. 10333 or in accordance with any subsequent ordinance in effect at the time fee payment is due. School impact fees shall be paid prior to building permit issuance.

B(25)

Prior to the issuance of any building permit for a single-family residence, duplex or multifamily residential structure (defined as triplex or larger) outside the Bellingham school district, the applicant for the building permit shall submit proof from the school district that the school mitigation fees have been paid or that the residential unit is exempt from the fee because it is a seniors only unit, as set out above.

Landscaping, Open Space, Parks and Buffers

B(29)

Perimeter buffering shall be provided as required in the Cordata business park development and design guidelines.

B(31)

A minimum of 103 acres of open space shall be designated on binding site plans and/or plats (both long and short) in the overall 626.7-acre Cordata business park PUD. A minimum of 42 acres of open space shall be designated on binding site plans and/or plats in the northern 239 acre PUD Amendment No. 2 site, including a six-acre park. Open space designated under the terms of this condition shall remain open space in perpetuity and be maintained as such.

A.I(19)

Map No. 6.04 of the master plan shall serve as guideline for the preservation of the open space network within the Cordata PUD. At such time that applications are submitted to the DRC, a site plan shall be presented that designates common open space area to be deeded to the Cordata business park association. The dedication of the open space to the business park association shall occur through the submittal of a survey to be consistent with the survey requirements associated with the binding site plan provisions of city code.

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

5

Industrial

Planned, light; Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Density as specified in the Cordata master plan for light impact industrial zoning, design and development guidelines and protective covenants.

All development shall comply with the Cordata master plan conditions, protective covenants, and all design and development guidelines; the Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

None

6

Residential Single

Cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 square feet dwelling unit; up to 3,600 square feet per dwelling unit with cluster bonus provisions per BMC Title 18 or adopted city TDR program.

To use the TDR density bonus, a property owner can purchase development rights from a Lake Whatcom watershed land owner or use the “fee-in-lieu-of” option. Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).

The fee for a density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for planned development review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

 

Duplex and multifamily units shall not exceed more than 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

All duplex and multifamily buildings shall be reviewed under the residential multifamily design guidelines and review process.

No more than four attached dwelling units allowed.

 

 

 

 

 

 

Infill housing forms are permitted per Chapter 20.28 BMC.

As development occurs, a city of Bellingham Parks and Recreation Standard Specification Trail shall be provided to connect with a trail from Area 7 to the south and with Horton Rd. to the north.

7

Residential Single

Cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 square feet dwelling unit; up to 3,600 square feet per dwelling unit with cluster bonus provisions per BMC Title 18 or adopted city TDR program.

To use the TDR density bonus, a property owner can purchase development rights from a Lake Whatcom watershed land owner or use the “fee-in-lieu-of” option. Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).

The fee for a density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for planned development review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

 

Duplex and multifamily units shall not exceed more than 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

All duplex and multifamily buildings shall be reviewed under the residential multifamily design guidelines and review process.

No more than four attached dwelling units allowed.

 

 

 

 

 

Infill housing forms are permitted per Chapter 20.28 BMC.

Development of an elementary school shall meet all regulations as approved by Whatcom County conditional use permit (CUP 2005-00022). The school district shall provide a public trail through its site to connect with a trail system on the south and on the north as per the concomitant agreement between the city parks and recreation department and the Bellingham school district.

As development occurs, a city of Bellingham Parks and Recreation Standard Specification Trail shall be provided to connect with a trail from Area 6 to the north and with a trail in 12 to the south.

8

Residential

Planned; Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Max. density no greater than 1,400 sq. ft. per unit.

All development shall comply with the Cordata master plan conditions, protective covenants, and all design and development guidelines; the Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

None

9

Institutional

Planned; allowed uses are office uses allowed per the definition of “Office” in BMC 20.08.020 and those per Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Density as specified in the Cordata master plan and protective covenants.

All development shall comply with the Cordata master plan conditions, protective covenants, and all design and development guidelines; the Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

None

10

Industrial

Planned, light; Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Density as specified in the Cordata master plan for light impact industrial zoning, design and development guidelines and protective covenants.

All development shall comply with the Cordata master plan conditions, protective covenants, and all design and development guidelines; the Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

None

11

Residential, Commercial, Industrial

Planned, mixed, Cordata business park, PUD (see Exhibit B after this table)

Density as specified in the Cordata development and design guidelines and the PUD conditions in Exhibit B after this table.

None

None

Cordata PUD, including the master plan, PUD conditions and the development and design guidelines, all as amended by Exhibit B after this table.

The binding site plan process (Chapter 18.24 BMC) may be used for division of residential condominium projects consistent with state law.

All development shall comply with the development agreement approved by Ordinance No. 2009-12-079, or as amended.

Special Regulations – Exhibit B for Area 11

Cordata Village Rezone – Area 11

The documents and conditions included in the zoning regulations for Area 11, Cordata neighborhood, Cordata business park master plan, associated environmental impact statement, and the Cordata business park development and design guidelines shall function as the planned unit development for Area 11 of the Cordata neighborhood.

The following represents conditions of approval in addition to the Cordata PUD conditions of approval as adopted by Whatcom County in 1986 (PUD 1-84) that are applicable to Area 11.

All development within this subarea shall be consistent with the city of Bellingham comprehensive plan and comply with the Bellingham Municipal Code.

Trillium Corp., as developer, or its successors and assigns in interest to Cordata and all persons owning or developing property within Cordata shall comply with the provisions of the approved PUD as referenced above and the following conditions:

General Provisions

C (Note 1)

Approval of the 2009 and 2016 Comprehensive Plan Amendments and Rezones does not nullify the original conditions of PUD 1-84.

C(2)

A system of signs for identifying the location of each residential unit and other uses on the site shall be established, based on considerations of crime prevention and the needs of emergency vehicles.

Cordata Design Review and Governing Documents

C(3)

All future or amended design review committee guidelines must be consistent with the PUD permit and existing laws and regulations at the time of the creation or modification of the design review committee guidelines.

Permitted Uses

C(4)

Permitted uses within Area 11 shall conform to those listed in the master plan and development and design guidelines. A list of the uses allowed is attached as Appendix A to the ordinance codified in this chapter.

Density

C(5)

The maximum number of dwelling units in the entire 626.7-acre Cordata business park site shall be limited to 2,651. No more than 1,779 of the total 2,651 residential units are allowed in the 239-acre Amendment No. 2 area, generally north of Horton Road.

 

Residential uses associated with mixed use buildings shall not count toward the density allocations. (Note: A mixed use building is defined as having ground floor commercial space with residential uses above.)

Streets and Access

C(6)

The city of Bellingham street standards shall be met for all construction, as necessary to comply with engineering and emergency access requirements.

C(7)

Prior to development within Area 11, the property owner shall identify the cumulative impacts the proposed development would have beyond the level of development provided for in the PUD.

C(8)

Cordata Parkway shall have left turn bays at major intersections, for both public and private streets.

C(9)

Private roads with an average daily traffic of 1,000 vehicles or more shall have vertical curbs and gutters to provide an added measure of safety for pedestrians.

C(10)

All signing and striping shall be installed per MUTCD standards at the applicant’s expense.

Stormwater Management and Wetlands

C(11)

All development shall comply with the provisions of Chapter 15.42 BMC (Stormwater Management) and Chapter 16.55 BMC (critical areas ordinance). Provisions for maintenance of the stormwater system shall be submitted to and approved by the city of Bellingham.

C(12)

Fill and grade permits, clearing permits, and revocable encroachment permits shall be obtained when required. Clearing and grading activities shall comply with the provisions of Chapter 16.60 BMC (clearing) and Chapter 16.70 BMC (Grading).

Binding Site Plans and Subdivisions

C(13)

Road name proposals for unnamed new roads must be submitted for approval.

C(14)

The developer shall consult with the post office for the location of mail boxes.

C(15)

Addressing shall be coordinated with the city building services division.

C(16)

The school mitigation/impact fee requirement shall be disclosed on the face of each final plat, general binding site plan, and specific binding site plan.

C(17)

Development shall take place consistent with the Cordata business park development and design guidelines. Additionally, in order to provide flexibility from underlying zoning requirements, the developer shall propose minimum setbacks, maximum height limits, and minimum lot sizes when each final plat and/or specific binding site plan is submitted for approval. The city shall review and approve setbacks, height limits, and lot sizes for conformance with city codes. The approved setbacks, height limits and lot sizes shall be disclosed on the face of the final plat or specific binding site plan, as appropriate.

C(18)

Binding site plans developed with condominiums shall contain thereon the following statement:

 

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City, town or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owner’s association have a membership or other legal or beneficial interest. The binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

C(19)

The general binding site plan has been approved by Whatcom County. The last specific binding site plan shall be filed no later than 15 years after recordation of the general binding site plan with the possibility of a one-year extension if requested in writing within 30 days of the date the binding site plan is scheduled to expire. The one-year extension may be granted upon a finding by the administrator that the applicants have been diligent in their attempt to finish by the expiration date and that the extension would not be detrimental to the public interest.

Fire Department Requirements

C(20)

All development shall comply with Chapter 17.20 BMC.

C(21)

Fire suppression water (fire flow) and hydrant placement shall be provided in accordance with the city of Bellingham public works and fire department standards.

Utilities

C(22)

Public water and sewer shall be provided to all sites in accordance with plans approved by the city of Bellingham. On-site septic systems shall not be permitted. The sewer mains serving the site are sized and designed in accordance with city of Bellingham development guidelines and improvement standards. Any off-site improvements needed to provide adequate capacity for conveyance of sanitary sewer purposes shall be made by the developer and become part of the basic requirement for service.

C(23)

All utilities shall be underground.

Impact Fees

C(24)

School impact fees, in an amount established by ordinance, shall be paid to the city of Bellingham at building permit issuance.

C(25)

Traffic impact fees, in an amount established by ordinance, shall be paid to the city of Bellingham at building permit issuance.

C(26)

Park impact fees shall be provided in accordance with Chapter 19.04 BMC.

Landscaping, Open Space, Parks and Buffers

C(27)

Perimeter buffering shall be provided as required in the Cordata business park development and design guidelines.

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

12

Residential Single

Cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 square feet dwelling unit; up to 3,600 square feet per dwelling unit with cluster bonus provisions per BMC Title 18 or adopted city TDR program.

To use the TDR density bonus, a property owner can purchase development rights from a Lake Whatcom watershed land owner or use the “fee-in-lieu-of” option. Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).

The fee for a density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

Duplex and multifamily units shall not exceed more than 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

All duplex and multifamily buildings shall be reviewed under the residential multifamily design guidelines and review process.

No more than four attached dwelling units allowed.

Infill housing forms are permitted per Chapter 20.28 BMC.

The West Cordata green development shall meet all regulations as approved by Whatcom County in Binding Site Plan No. 94-002 and the Planned Unit Development No. 90-002.

As development occurs, a city of Bellingham Parks and Recreation Standard Specification Trail shall be provided to connect with the Division Rd. trail to the south and with a trail in Area 7 to the north.

13

Institutional

Planned; Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Density as specified in the Cordata master plan and protective covenants.

All development shall comply with an institutional master plan. The Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

None

14

Industrial

Planned, light; Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Density as specified in the Cordata master plan for light impact industrial zoning, design and development guidelines and protective covenants.

All development shall comply with the Cordata master plan conditions, protective covenants, and all design and development guidelines; the Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

None

15

Commercial

Planned, Retail; Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Density as specified in the Cordata master plan and protective covenants.

All development shall comply with the Cordata master plan conditions, protective covenants, and all design and development guidelines; the Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

16

Residential Multi

Planned

2,500 sq. ft. per unit

Drainage; access; internal circulation.

Open space/park dedication; primary access from Cordata Pkwy.

None

17

Commercial

Planned, residential units allowed; small scale office, 2,500 sq. ft. or less per building

Minimum planned contract site plan – residential four acres, commercial eight acres. Establish residential density through planned review process; density greater than RM 2,500 will require underground parking or an alternative approved through the planned process.

Buffers; internal and pedestrian circulation; dedication of 10 feet of right-of-way along Cordata Pkwy.

Land or fee contribution to combined park/trail system for W. Bakerview area between Cordata Pkwy. and Northwest (see 1993 Tate Plan).

None

17A

Commercial

Planned, residential units allowed; small scale office, 2,500 sq. ft. or less per building

Establish residential density through planned review process; density greater than RM 2,500 will require underground parking or an alternative approved through the planned process.

Buffers; internal and pedestrian circulation

Land or fee contribution to combined park/trail system for W. Bakerview area between Cordata Pkwy. and Northwest (see 1993 Tate Plan).

None

18

Residential Multi

Planned

RM 2,500 may increase to RM 1,500 through density bonus.

Preservation of mature trees and vegetation whenever possible.

Utilities;

Construction of a road system serving Areas 18 and 19 between Eliza Ave. and Aldrich Rd. by adjacent properties as development occurs; contribution of land or fees for neighborhood park and trail system.

See Design Standards for Areas 18 and 19. See density bonus menu – Exhibit C attached to the ordinance codified in this chapter.

Required yards may be reduced to achieve pedestrian orientation, link adjacent developments, or accomplish usable and open space objectives.

19

Commercial

Planned, residential units and mixed use buildings are encouraged

RM 2,500 may increase to RM 1,500 through density bonus.

Residential above commercial is not counted against residential density.

Internal circulation; preservation of mature trees and vegetation whenever possible. Landscaping buffer between commercial and residential.

Utilities;

Construction of a road system serving Areas 18 and 19 between Eliza Ave. and Aldrich Rd. by adjacent properties as development occurs; improvement of Eliza Ave. and Northwest Ave. by adjacent properties; contribution of land or fees for neighborhood park and trail system.

See Design Standards for Areas 18 and 19.

See attached density bonus menu – Exhibit C attached to the ordinance codified in this chapter.

Required yards may be reduced to achieve pedestrian orientation, link adjacent developments, or accomplish usable and open space objectives.

20

Residential Single

Detached, cluster, cluster attached, and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 sq. ft. per dwelling unit for detached and cluster lots up to 4,300 sq. ft. per dwelling unit using cluster bonus provisions in Chapter 18.32 BMC or adopted city TDR program or the “fee-in-lieu-of” option.

Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

Lots not created by cluster subdivision: 5,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

Critical areas

Neighborhood park

Provide public trails as indicated in the Bellingham comprehensive plan.

Limit access points on arterial streets. Shared access is encouraged.

Extension of water/sewer mains, and construction of sanitary pump station.

Improvement of Northwest Ave. to principal arterial standard and Aldrich Rd. and Larrabee Rd. to collector arterial standards.

Construction of Mahogany Ave. to collector arterial standards from Northwest Ave. to Pacific Highway.

Duplex and multifamily units shall require design review approval under Chapter 20.25 BMC and meet Chapter 20.32 BMC.

Duplex and multifamily units shall not exceed 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

Infill housing forms are permitted per Chapter 20.28 BMC.

No more than four single-family attached dwelling units allowed.

*The density bonus may exceed the 50 percent total maximum under Chapter 18.32 BMC but density shall not exceed 4,300 sq. ft. per dwelling.

21

Industrial

Planned

N/A

Critical areas

Buffer separating industrial uses from residential zone.

Limit access points on arterial streets. Shared access is encouraged.

Extension of sewer mains and construction of sanitary pump station.

Construction of Mahogany Ave. to collector arterial standards from Northwest Ave. to Pacific Highway.

Expansion of any nonconforming use shall require planned development approval.

22

Public

Parks

N/A

None

None

All development shall comply with the Cordata PUD, including the master plan, PUD conditions and the development and design guidelines.

All development shall comply with the Development Agreement approved by Ordinance No. 2009-12-079, or as amended.

Design Standards for Areas 18 and 19

Mixed Housing Types – Each development phase or building group has at least two different building types. (Exceptions may occur for smaller sites where objectives for environmental protection, retention of natural features, site design, or parks/open space are better met with a single building type, such as attached townhouse or multi-story garden apartments.)

Pedestrian connections to adjacent developments.

Natural features incorporated into site plan/development, including retention of significant vegetation and supplemented by planting of trees capable of reaching significant height and canopy, where appropriate.

Buildings arranged around usable open space such as squares, commons, courtyards, plazas.

Surface parking lots are dispersed or broken up by landscaping strips throughout site to avoid the appearance of large paved parking areas; under-building parking is encouraged where economically and physically feasible. Locating parking at the rear or side of the lot is encouraged rather than along the full length of the street front. Shared parking for uses with different peak periods is encouraged.

Building Design – Pitched roofs with dormers, skylights or other features; repetition with variety rather than monotonous and continuous flat facades; break facade plane at regular intervals; use upper story setbacks at corners or side yards; articulate entries with canopies, porches or other weather protection forms. Applicable to residential, mixed commercial-residential and town center concepts.

Flexible property line setbacks in commercial and residential to achieve linked developments, pedestrian orientation and usable/open space objectives.

Zero setbacks on public streets or interior service roads encouraged for commercial buildings.

Appropriate buffering between residential and commercial.

Multiple use buildings encouraged (residential and retail or office mix) – Housing provided above commercial use in a planned development will not be considered in residential density calculations.

Signs – Planned residential standards shall apply to residential complexes. Planned commercial standards shall apply to commercial or mixed-use buildings with the following modifications:

 

Monument signs are permitted up to 120 square feet and 12 feet high; pole signs are not allowed.

 

Wall-mounted signs are limited to seven percent of the primary building facade with maximum four-foot-high letters; and to three percent of the secondary building facade with maximum two-foot-high letters. (Logos are included in these percentages.)

 

Parapet walls may not be erected for the sole purpose of extending sign heights and when they are not in character with the rest of the building or complex.

Special Regulations – Exhibit A, Residential Density Bonus System for Areas 18 and 19

RM 2000 (21 UNITS/ACRE)

In addition to the standard design guidelines in this code, the project must include two of the following:

1. More than two building types.

2. Provide a covered parking to unit ratio of at least 1:2 but not more than 1:1. Garages and carports must be integrated with the building design, using similar materials, colors and design elements.

3. Provide at least 35 percent open space.

4. A minimum site area of at least four acres.

RM 1500 (29 UNITS/ACRE)

The project should incorporate design features in excess of the amount required at the RM 2000 density level and exhibit a high degree of conformance with the goals and policies of Visions for Bellingham and the comprehensive plan. The site area must contain at least four acres or the project must receive design review approval from the planning commission. To receive planning commission approval, projects must provide equivalent design features but may offer alternative solutions consistent with these goals. Projects not using the planning commission design review process must include two credits from the following in addition to two of the features listed under the RM 2000 density:

1. Group Recreational Facilities.

 

a. A recreational building containing recreational facilities such as sport courts, kitchen and assembly area, spa, pool or other similar features. The recreational portion of the building should be proportional to the number of units at 10 square feet per unit. (1 credit)

 

b. A tot lot or play yard with playground equipment. (0.5 credit)

 

c. Swimming pool. (1 credit)

 

d. Outdoor sport court (half a regulation basketball court or a regulation tennis court). (1 credit)

 

e. Other recreational facilities determined to be equivalent to those listed.

2. A significant portion of the site abutting and oriented to a private or public open space protected by covenant, easement or public ownership. (0.5 credit for some use of this provision, 1 credit for significant use of this provision, or two credits for dedication of space to the public.)

3. At least 80 square feet of private useable space provided for ground floor units. The space shall be screened from view from abutting yards and windows by fences, walls or trellises. Permanent landscaping shall be included to supplement the screen or provide screening from upper stories, but the primary screening materials shall be permanent structures. Each space should have some solar access (north sides of buildings are discouraged) and a ground surfacing suitable for patio furniture. (0.5 credit for at least 50 percent of the ground floor units and 1 credit for all ground floor units.)

4. Use of transferable development rights based on a city adopted program. (Variable credit to be determined based on features of a city adopted program.)

APPENDIX “A” – USES ALLOWED IN WHATCOM COUNTY URBAN RESIDENTIAL, URBAN RESIDENTIAL MEDIUM DENSITY, RURAL AND GENERAL COMMERCIAL DISTRICTS

Uses in Cordata must be consistent with the uses specified and allowed in the planned unit development approval. Additionally, in no case may the uses exceed those listed below, except that certain areas as identified in the PUD conditions may be developed with industrial uses as provided by the Cordata master plan approved under PUD 1-84.

1. Automobile, motorcycle, marine and farm implement sales, repair and service; provided, that all repair services are conducted within an enclosed building.

2. Automobile service stations, car washes and public garages.

3. Mobile home and recreational vehicle sales.

4. Eating and drinking establishments.

5. Rental agencies.

6. Indoor commercial recreation facilities limited to bowling alleys, skating rinks, indoor theaters and physical fitness centers.

7. Passenger terminal facilities.

8. Service establishments 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.

9. Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music and pet stores.

10. Printing and publishing establishments.

11. Public utilities.

12. Rental storage establishments.

13. Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses.

14. Hotels and motels.

15. Dwelling units consisting of single family, duplex or multifamily units.

16. Agriculture.

17. Public parks and recreational facilities.

18. Plant nurseries and greenhouses.

19. Uses incidental to the primary permitted uses.

20. Accessory on-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC.

21. Home occupations.

22. A temporary second dwelling unit of no more than 1,248 square feet in area, in the form of a manufactured home, a fully serviced travel trailer or motor home, to provide:

a. A temporary dwelling space for family members who, due to professionally documented physical or mental disorders, or risks of such disorders, require daily supervision and care where such care is provided by members of the family who reside on the property; or

b. A temporary dwelling space for a person providing care of the resident owner of the subject property when said owner needs daily supervision and care as described in subsection (22)(a) of this appendix.

23. Accessory dwelling units.

24. Commercial wholesaling.

25. Churches and cemeteries.

26. Amusement parks, outdoor theaters and other outdoor commercial recreation, including golf courses.

27. Recreational vehicle parks for transient motor homes and tourist trailers.

28. Animal kennels and stables.

29. Commercial truck service facilities including truck fueling, repair and storage operations, overnight accommodations and restaurants.

30. Public schools and private schools approved by the state Superintendent of Public Instruction.

31. Churches, educational and religious training institutions, summer camps and cemeteries.

32. Retirement, boarding and convalescent homes, social and health rehabilitation centers, children and adult care centers and other health related services.

33. Golf courses and commercial recreation facilities related to the golf course.

34. Bed and breakfast business in a residence.

35. Rooming houses.

36. Mobile home parks.

37. Transitory solid waste facilities for the treatment, storage or collection, including, but not limited to: recycle centers, and drop boxes for household materials, excluding large items such as automobiles or major appliances; noncommercial composting and mulching facilities; and including but not limited to the type of facilities operated by neighborhood or public service organizations.

APPENDIX “B”

FERNDALE AND MERIDIAN SCHOOL DISTRICT IMPACT FEE AGREEMENTS

CORDATA PUD AMENDMENT #2

MERIDIAN PUBLIC SCHOOLS

Whatcom County, Washington

SEPA MITIGATION AGREEMENT

THIS AGREEMENT is made and entered into this 6th day of June 1996, by and between MERIDIAN SCHOOL DISTRICT NO. 505 (“District”) and Trillium Corporation (“Developer”) in Washington State.

Recitals

A. Developer has applied for preliminary plat and binding site plan approval together with an amendment to that portion of the Cordata Business Park Planned Unit Development in Whatcom County, Washington (the “Project”) on land located East of the Guide Meridian and North of Horton Road more fully describe in Exhibit A.

B. The State Environmental Policy Act (SEPA) provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, the approval of plats and binding site plans, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA.

C. The Project will be located in an area where school children residing therein will be served by the District. The District has projected impacts that will be a direct result of the construction of residences in the Project. The identified impacts, based on current enrollment forecasts, include the projected addition of 821 students to the District. The District projects that schools serving the Project will be over capacity when students generated by the Project enter school. As a result, the District will have to provide temporary space in portable classrooms and other school facilities in order to house and otherwise accommodate these students.

D. The Developer and the District have reviewed mitigation measures reasonably necessary to mitigate the impacts directly resulting from the Project and have concluded that the provisions set forth below in the Agreement constitute complete and appropriate provisions for full mitigation by the Developer of the identified impacts from the project on the District. Neither the impacts identified nor the mitigation offered herein affect, reduce, or enlarge any other obligation of the Developer or the Project to comply with other conditions of the plat or binding site plan, including without limitation, bus turnouts, sidewalks, or pedestrian rights-of-way that benefit school children.

Agreement

NOW THEREFORE, for mutual benefits and obligations contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Developer and District agree as follows:

1. Developer agrees to mitigate the impacts caused by the proposed development of the Project by the payment of EIGHT HUNDRED AND FIFTY AND NO/100 DOLLARS ($850.00) per single family residence, including duplexes, and FOUR HUNDRED AND FIFTY AND NO/100 DOLLARS ($450.00) per multi-family residence to the District. The payment is based upon the approximate cost per student to provide temporary classroom space to house or otherwise accommodate the expected number of students.

2. Developer agrees to pay the aforestated per unit amounts prior to issuance of the building permit for each such unit covered by this agreement. Payment shall be made directly to the District, who shall provide proof of payment in a form acceptable to Whatcom County.

3. Units designated as “Seniors Only” unit by the Developer at the time of building permit application shall be exempt from the payment of the mitigation fee provided that:

a. Occupancy of the “Seniors Only” unit by seniors only is legally enforceable by covenant; AND

b. A covenant is recorded with the sale of the unit as a “Seniors Only” unit that requires payment to the District of the fees set forth in Paragraph 1 above by the new owner if the unit is converted from a “Seniors Only” unit to a family unit, or such other unit as would permit school age children to reside there.

4. The payment required by this section shall constitute full and complete mitigation for the direct impacts to the District of the Project.

5. Funds generated from the Project shall be maintained in a separate account and utilized solely for the purchase and development of additional classrooms.

6. At intervals of five (5) years from the date of this Agreement, either party may require that the Agreement be modified to conform to mitigation policies/practices of the District that are in effect at such time. To exercise this right to adjust the Agreement, the party exercising its right must provide written notice to the other party no later than thirty (30) days after the end of the applicable five (5) year period. Adjustments shall be made as follows:

a. If at such five (5) year intervals (i) the District has entered into any agreement with any developer for mitigation of impacts caused by development proposed by such developer pursuant to which such developer has agreed to make mitigation payments in amounts per residence (or specified unit classification) that are less than those set forth in this Paragraph 1, or (ii) the District eliminated any requirement for developers to make mitigation payments (altogether, or for specified unit classification), Developer may require the District to amend this Agreement to afford Developer the benefit of such lesser payment amounts for those units not yet charged with mitigation payments.

b. Conversely, if at such time(s) the District has entered into any agreement with any developer for mitigation of impacts caused by development proposed by such developer pursuant to which such developer has agreed to make mitigation payments in amounts per residence (or for specified unit classification) that are greater than those set forth in the Paragraph 1, the District may require Developer to amend the Agreement to afford District the benefit of such greater payment amounts for those units not yet charged with mitigation payments.

7. In the event that either the City of Bellingham or Whatcom County adopts school impact mitigation fees as currently authorized under Chapter 82.02 RCW, or as may be authorized in the future under some other Chapter and said fees are applicable to the subject property as described in Exhibit A; then Developer shall pay the school mitigation fee adopted by the City or County in the manner set forth in the adopting legislation in lieu of the school mitigation payments set forth in this agreement and this agreement shall become null and void.

EXHIBIT A

SEPTEMBER 1, 1994

REC. NO. 94049

LEGAL DESCRIPTION

ALL THAT PORTION OF THE “AMENDED GENERAL BINDING SITE PLAN – TRACT” FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 1610692 IN VOLUME 1 OF BINDING SITE PLANS, PAGES 20 THROUGH 26, RECORDS OF WHATCOM COUNTY, WASHINGTON, LYING NORTH OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., ALSO BEING THE NORTHWEST CORNER OF “SPECIFIC BINDING SITE PLAN NUMBER 11” FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 900914189 IN VOLUME 1 OF BINDING SITE PLANS, PAGES 77 AND 78, RECORDS OF WHATCOM COUNTY, WASHINGTON; THENCE SOUTH 89 DEGREES 12' 59" EAST, ALONG THE NORTH LINE OF SAID SPECIFIC BINDING SITE PLAN NO. 11, A DISTANCE OF 891.20 FEET TO A POINT ON A CURVE WHOSE CENTER BEARS NORTH 66 DEGREES 00' 53" EAST, HAVING A RADIUS OF 690.00 FEET, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID SPECIFIC BINDING SITE PLAN NO. 11; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 100.96 FEET; THENCE SOUTH 32 DEGREES 22' 06" EAST, ALONG THE EASTERLY LINE OF SAID “SPECIFIC BINDING SITE PLAN NO. 11”, A DISTANCE OF 456.32, TO THE NORTHERLY LINE OF “SPECIFIC BINDING SITE PLAN NO. 7”, FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 1638795 IN VOLUME 1 OF BINDING SITE PLANS, PAGE 44, RECORDS OF WHATCOM COUNTY, WASHINGTON, EXTENDED; THENCE NORTH 57 DEGREES 31' 54" EAST, ALONG SAID NORTHERLY LINE EXTENDED, A DISTANCE OF 40.00 FEET TO A POINT ON A CURVE WHOSE CENTER BEARS NORTH 57 DEGREES 37' 54" EAST, HAVING A RADIUS OF 610.00 FEET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID “SPECIFIC BINDING SITE PLAN NO. 7”; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 490.55 FEET TO A POINT ON A COMPOUND CURVE WHOSE CENTER BEARS SOUTH 76 DEGREES 17' 30" EAST, HAVING A RADIUS OF 35.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 53.97 FEET TO A POINT ON A REVERSE CURVE WHOSE CENTER BEARS NORTH 12 DEGREES 3' 43" EAST, HAVING A RADIUS OF 920.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 638.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF “SPECIFIC BINDING SITE PLAN NO. 4” FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 1630709 IN VOLUME 1 OF BINDING SITE PLANS, PAGES 39 AND 40, RECORDS OF WHATCOM COUNTY, WASHINGTON; THENCE SOUTH 32 DEGREES 22' 06" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 423.42 FEET TO A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.27 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF HORTON ROAD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY NORTH 57 DEGREES 37' 54" EAST, A DISTANCE OF 218.58 FEET TO A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 670.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 391.17 FEET; THENCE SOUTH 88 DEGREES 55' 00" EAST, A DISTANCE OF 3.79 FEET TO THE EAST BOUNDARY OF SAID “AMENDED GENERAL BINDING SITE PLAN – TRACT” AND TERMINUS OF THE HEREIN DESCRIBED LINE.

FERNDALE PUBLIC SCHOOLS

Whatcom County, Washington

SEPA MITIGATION AGREEMENT

THIS AGREEMENT is made and entered into this 27th day of June, 1996, by and between FERNDALE SCHOOL DISTRICT NO. 502 (“District”) and TRILLIUM CORPORATION (“Developer”) in Washington State.

Recitals

A. Developer has applied for preliminary plat and binding site plan approval together with an amendment to that portion of the Cordata Business Park Planned Unit Development in Whatcom County, Washington (the “Project) on land located East of the Guide Meridian and North of Horton Road more fully described in Exhibit A.

B. The State Environmental Policy Act (SEPA) provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, the approval of plats and binding site plans, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA.

C. The Project will be located in an area where school children residing therein will be served by the District. The District has projected impacts that will be a direct result of the construction of residences in the Project. The identified impacts, based on current enrollment forecasts, includes the projected addition of 43 students to the District. The District projects that schools serving the Project will be over capacity when students generated by the Project enter school. As a result, the District will have to provide temporary space in portable classrooms and other school facilities in order to house and otherwise accommodate these students.

D. The Developer and the District have reviewed mitigation measures reasonably necessary to mitigate the impacts directly resulting from the Project and have concluded that the provisions set forth below in the Agreement constitute complete and appropriate provisions for full mitigation by the Developer of the identified impacts from the project on the District. Neither the impacts identified nor the mitigation offered herein affect, reduce, or enlarge any other obligation of the Developer or the Project to comply with other conditions of the plat or binding site plan, including without limitation, bus turnouts, sidewalks, or pedestrian rights-of-way that benefit school children.

Agreement

NOW THEREFORE, for mutual benefits and obligations contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Developer and District agree as follows:

1. Developer agrees to mitigate the impacts caused by the proposed development of the Project by the payment of EIGHT HUNDRED AND FIFTY AND NO/100 DOLLARS ($850.00) per single family residence and FOUR HUNDRED AND FIFTY AND NO/100 DOLLARS ($450.00) per multi-family residence to the district. The payment is based upon the approximate cost per student to provide temporary classroom space to house or otherwise accommodate the expected number of students.

2. Developer agrees to pay the aforestated per unit amounts prior to issuance of the building permit for each such unit covered by this agreement. Payment shall be made directly to the District, who shall provide proof of payment in a form acceptable to Whatcom County.

3. Units designated as “Seniors Only” unit by the Developer at the time of building permit application shall be exempt from the payment of the mitigation fee provided that:

a. Occupancy of the “Seniors Only” unit by seniors only is legally enforceable by covenant; AND

b. A covenant is recorded with the sale of the unit as a “Seniors Only” unit that requires payment to the District of the fees set forth in Paragraph 1 above by the new owner if the unit is converted from a “Seniors Only” unit to a family unit, or such other unit as would permit school age children to reside there.

4. The payment required by this section shall constitute full and complete mitigation for the direct impacts to the District of the Project.

5. Funds generated from the Project shall be maintained in a separate account and utilized solely for the purchase and development of additional classrooms.

6. At intervals of five (5) years from the date of this Agreement, either party may require that the Agreement be modified to conform to mitigation policies/practices of the District that are in effect at such time. To exercise this right to adjust the Agreement, the party exercising its right must provide written notice to the other party no later than thirty (30) days after the end of the applicable five (5) year period. Adjustments shall be made as follows:

a. If at such five (5) year intervals (i) the District has entered into any agreement with any developer for mitigation of impacts caused by development proposed by such developer pursuant to which such developer has agreed to make mitigation payments in amounts per residence (or specified unit classification) that are less than those set forth in Paragraph 1, or (ii) the District eliminated any requirement for developers to make mitigation payments (altogether, or for specified unit classification), Developer may require the District to amend this Agreement to afford Developer the benefit of such lesser payment amounts for those units not yet charged with mitigation payments.

b. Conversely, if at such time(s) the District has entered into any agreement with any developer for mitigation of impacts caused by development proposed by such developer pursuant to which such developer has agreed to make mitigation payments in amounts per residence (or for specified unit classification) that are greater than those set forth in Paragraph 1, the District may require Developer to amend the Agreement to afford District the benefit of such greater payment amounts for those units not yet charged with mitigation payments.

7. In the event that either the City of Bellingham or Whatcom County adopts school impact mitigation fees as currently authorized under Chapter 82.02 RCW, or as may be authorized in the future under some other Chapter; AND said fees are applicable to the subject property as described in Exhibit A; THEN Developer shall pay the school mitigation fee adopted by the City or County in the manner set forth in the adopting legislation in lieu of the school mitigation payments set forth in this agreement and this agreement shall become null and void.

EXHIBIT A

SEPTEMBER 1, 1994

REC. NO. 94049

LEGAL DESCRIPTION

ALL THAT PORTION OF THE “AMENDED GENERAL BINDING SITE PLAN – TRACT” FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 1610692 IN VOLUME 1 OF BINDING SITE PLANS, PAGES 20 THROUGH 26, RECORDS OF WHATCOM COUNTY, WASHINGTON, LYING NORTH OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., ALSO BEING THE NORTHWEST CORNER OF “SPECIFIC BINDING SITE PLAN NUMBER 11” FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 900914189 IN VOLUME 1 OF BINDING SITE PLANS, PAGES 77 AND 78, RECORDS OF WHATCOM COUNTY, WASHINGTON; THENCE SOUTH 89 DEGREES 12' 59" EAST, ALONG THE NORTH LINE OF SAID SPECIFIC BINDING SITE PLAN NO. 11, A DISTANCE OF 891.20 FEET TO A POINT ON A CURVE WHOSE CENTER BEARS NORTH 66 DEGREES 00' 53" EAST, HAVING A RADIUS OF 690.00 FEET, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID SPECIFIC BINDING SITE PLAN NO. 11; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 100.96 FEET; THENCE SOUTH 32 DEGREES 22' 06" EAST, ALONG THE EASTERLY LINE OF SAID “SPECIFIC BINDING SITE PLAN NO. 11”, A DISTANCE OF 456.32, TO THE NORTHERLY LINE OF “SPECIFIC BINDING SITE PLAN NO.7”, FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 1638795 IN VOLUME 1 OF BINDING SITE PLANS, PAGE 44, RECORDS OF WHATCOM COUNTY, WASHINGTON, EXTENDED; THENCE NORTH 57 DEGREES 37' 54" EAST, ALONG SAID NORTHERLY LINE EXTENDED, A DISTANCE OF 40.00 FEET TO A POINT ON A CURVE WHOSE CENTER BEARS NORTH 57 DEGREES 37 54" EAST, HAVING A RADIUS OF 610.00 FEET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID “SPECIFIC BINDING SITE PLAN NO. 7”; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 490.55 FEET TO A POINT ON A COMPOUND CURVE WHOSE CENTER BEARS SOUTH 76 DEGREES 17" 30" EAST, HAVING A RADIUS OF 35.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 53.97 FEET TO A POINT ON A REVERSE CURVE WHOSE CENTER BEARS NORTH 12 DEGREES 3' 43" EAST, HAVING A RADIUS OF 920.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 638.94 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF “SPECIFIC BINDING SITE PLAN NO. 4” FILED FOR RECORD UNDER AUDITOR’S FILE NUMBER 1630709 IN VOLUME 1 OF BINDING SITE PLANS, PAGES 39 AND 40, RECORDS OF WHATCOM COUNTY, WASHINGTON; THENCE SOUTH 32 DEGREES 22' 06" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 423.42 FEET TO A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.27 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF HORTON ROAD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY NORTH 57 DEGREES 37' 54" EAST, A DISTANCE OF 218.58 FEET TO A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 670.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 391.17 FEET; THENCE SOUTH 88 DEGREES 55' 00" EAST, A DISTANCE OF 3.79 FEET TO THE EAST BOUNDARY OF SAID”AMENDED GENERAL BINDING SITE PLAN – TRACT” AND TERMINUS OF THE HEREIN DESCRIBED LINE.

[Ord. 2017-09-023 § 2 (Exh. B); Ord. 2017-07-020 §§ 1 (Exh. A), 2 (Exh. B); Ord. 2017-07-019 §§ 2 (Exh. B), 4 (Exh. D); Ord. 2014-09-047 § 8 (Exh. H); Ord. 2013-07-054 §§ 4 (Exh. C), 5 (Exh. D); Ord. 2013-07-052 §§ 2 (Exh. B), 3; Ord. 2011-03-010; Ord. 2010-12-074].

20.00.050 Cornwall Park neighborhood table of zoning regulations.

CORNWALL PARK NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Commercial

Planned; nonretail only (Res. 62-83, 6-84, 31-84, 55-84, 79‑84, 76-85)

35,000 sq. ft. maximum floor area per building

No more than two accesses to Meridian St. (one between Orchard and Baker, and one between Baker and Interstate 5); landscaped berm buffer on north, east and south sides of area; 40 ft. height limit north of Baker St.; no access through development in this area to property to the east; sign control; provision of local access easements.

Improve Baker St. to 36 ft. width with curbs. Improve Orchard Dr. to 44 ft. width with curbs.

None

2

Industrial

Light

N/A

Screening from remaining single-family uses (see neighborhood plan).

Improve Baker St. to 36-ft. width with curbs.

Extension of water and sewer.

Uses shall be limited to:

1. Medical, professional, and general business offices;

2. Indoor light manufacturing and warehousing;

3. Commercial uses which are accessory to the primary use;

4. Medical, assisted, and service care facilities licensed by the state of Washington;

5. Pharmacy;

6. Uses similar to above.

3

Industrial, limited for those properties located north of Orchard Drive.

Light, limited to warehousing, distribution and manufacturing (commercial uses allowed only as accessory to permitted industrial uses).

N/A

No clearing prior to approval of development site plan; shoreline; curb cut; buffer (see neighborhood plan); screening (see neighborhood plan).

None

Food processing shall be permitted if the impacts (e.g., noise, smoke, odors or other objectionable nuisances) are insignificant, as determined by SEPA.

4

Residential Multi/
Institutional

Planned, mixed. Institutional, medical offices

1,500 sq. ft. per unit with minimum 45 percent open space required to provide a potential to reduce adverse effects on the floodway, wetlands and fish and wildlife habitat.

Maintain floodway and open space corridor. No access from Birchwood Ave.

Maintain floodway and open space corridor. No access from Birchwood Ave.

 

5

Public

Open Space/Utilities

N/A

Shoreline; flood; buffer industrial and institutional uses, freeway

None

None

6

Public

Park/Open Space/School

N/A

Shoreline; historic; flood

None

None

7

Institutional

Planned health care campus (Resos. 35-83, 36-83, 37‑83, 38‑83, 39‑83, 36‑84, 53‑84, 84‑84, 72-85, 32‑86, PC 87‑8)

None specified

See institutional master plan

Consistent with IMP for this area

See institutional master plan

8A

Residential Single

Detached

7,200 sq. ft. minimum detached lot size

None

None

None

8B

Residential Single

Detached

5,000 sq. ft. minimum detached lot size

None

None

None

8C

Residential Single

Detached

10,000 sq. ft. minimum detached lot size

None

None

None

9

Urban Village

Fountain district

See BMC 20.37.200, Fountain district urban village

None

None

None

12

Public

Park

N/A

None

None

None

13

Public

Park

N/A

Historic

None

None

14

Public

School/
Recreation

N/A

Bus turnaround*

None

*Required Special Regulations:

• A six-ft. fence shall be located along the school property line on the south and east.

• A 10-ft.-wide buffer between the fence and the turnaround area shall be landscaped. A portion of the buffer may include a five-foot sidewalk.

• The district shall submit a landscape plan to the planning and community development department for review/approval.

• The entrance shall be managed to minimize negative impacts to the neighborhood.

• The bus turnaround design must address a safe route of travel for the student population.

• Cornwall Ave. north of Plymouth Dr. shall be marked “Local Access – School Bus Access Only.”

• Incentives for enhancing the existing parking area on Coolidge Drive shall be provided.

[Ord. 2014-09-046 § 2 (Exh. B); Ord. 2010-10-057; Ord. 2006-12-118; Ord. 2004-12-087].

20.00.060 Edgemoor neighborhood table of zoning regulations.

EDGEMOOR NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential Single

Detached

15,000 sq. ft. min. detached lot size

View

None

None

2

Residential Single

Detached

7,200 sq. ft. min. detached lot size

View

None

None

3

Public

School/
Recreation

N/A

None

None

None

4

Residential Single

Detached

20,000 sq. ft. min. detached lot size

View; historic; marine access where feasible

None

None

5

Residential Single

Detached

10,000 sq. ft. min. detached lot size

None

None

None

6

Residential Single

Detached

15,000 sq. ft. min. detached lot size

Clearing; view; water distribution design

None

None

7

Residential Single

Detached

20,000 sq. ft. min. detached lot size, or one lot per 20,000 sq. ft. average overall density

Clearing; view buffering from adjacent residential

Improvement to Fieldston and Willow Rds. as neighborhood collectors.

None

8

Residential Single

Cluster, detached required

8,400 sq. ft. min. detached

View; preservation of mature growth timber; open space; cluster subdivision required; protection of herons

Review of cluster subdivision to address special conditions.

None

[Ord. 2004-12-087].

20.00.070 Fairhaven neighborhood and urban village table of zoning regulations.

FAIRHAVEN NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Urban Village

Fairhaven

See BMC 20.37.300, Fairhaven urban village

None

None

None

[Ord. 2012-08-041 §§ 3 (Exh. C), 4 (Exh. D); Ord. 2005-12-101; Ord. 2004-12-087].

20.00.090 Happy Valley neighborhood table of zoning regulations.

HAPPY VALLEY NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1A

Residential Multi

Multiple (administered through the planned contract process)

Lots of 10,000 sq. ft. or greater – 1,000 sq. ft. per unit. Lots of less than 10,000 but at least 4,000 sq. ft. – 2,000 sq. ft. per dwelling unit, limited to 1.2 bedrooms per 1,000 sq. ft.

Neighborhood commercial and mixed-use design criteria; Areas 1A, 1B, 1C, 2B and 3 design and development criteria; density transfers within Area 1A and from 1A to Area 3; clearing; drainage

Sanitary sewers; street and sidewalk improvements.

See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria.

See Attachment 2 – Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria.

1B

Commercial

Neighborhood (administered through the planned contract process) limited commercial uses*

Maximum 2,000 sq. ft. of floor area per commercial use except for eating/drinking establishments. Minimum ratio of 0.8 sq. ft. of residential floor space to 1 sq. ft. of commercial floor space for mixed-use developments. Ground floor uses that front on Douglas Ave. are limited to commercial uses listed below when part of a mixed-use development. Residential density is same as Area 1A when not part of a mixed-use development.

Neighborhood commercial and mixed-use design criteria for mixed-use development; Areas 1A, 1B, 1C, 2B and 3 design and development criteria; residential use requirement when not part of a mixed-use development; use of Area 1A standards for residential uses when not part of a mixed-use development; clearing; drainage.

Sanitary sewers; street and sidewalk improvements.

See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria.

**Permitted uses are limited to:

1. Retail establishments of all types except those selling the following products (see also numbers 11 – 14, below):

a. Automobiles and trucks

b. Heavy farm and construction equipment

c. Feed, grain and farm supplies

d. House trailers, mobile homes and boats

2. Personal service facilities such as:

a. Barber and beauty shops

b. Computer data services and copy centers

3. Laundry and dry cleaning establishments

4. Florist shops

5. Commercial recreation facilities

6. Eating and drinking establishments – A restaurant may include licensed provision of alcohol beverages for consumption on the premises when accessory to such food service

7. Public utilities, if located within a public right-of-way

8. Single-family dwelling unit

 

 

 

9. Duplex and multifamily dwelling units; when:

 

 

 

a. Part of a mixed-use development shall meet the requirements of Area 1B and Section VII, C; or

 

 

 

b. Not part of a mixed-use (commercial-residential) development shall meet the requirements of Area 1A.

 

 

 

10. Uses similar to the above.

 

 

 

 

 

 

Prohibited Uses:

 

 

 

 

 

 

11. Business and professional offices, small animal care shops, branch post offices and banks, and similar uses not conducive to random pedestrian traffic.

 

 

 

 

 

 

12. Auto-oriented services and sales such as gas stations, auto repair shops, drive-through establishments and similar uses.

 

 

 

 

 

 

13. Adult entertainment uses, bars, taverns, liquor stores, card rooms, and tattoo/body piercing establishments.

 

 

 

 

 

 

14. Surface parking lots that serve WWU uses north of Bill McDonald Pkwy.

1C

Institutional

As specified in the WWU Institutional Master Plan

None

Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria; clearing; drainage

Sanitary sewers; street and sidewalk improvements.

See Attachment 2; Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria

2A

Public

School/Open Space

N/A

Clearing; drainage

None

None

2B

Public/
Institutional

As specified in the WWU Institutional Master Plan

N/A

As specified in the WWU Institutional Master Plan

As specified in the WWU Institutional Master Plan

None

3

Residential Multi

Multiple (administered through the planned contract process)

1,000 sq. ft per unit; 10,000 sq. ft. min. lot size for multiple development.

Neighborhood commercial and mixed-use design criteria; Areas 1A, 1B, 1C, 2B and 3 design and development criteria; density transfers from 1A to Area 3; scaled transition to single-family residential zones; clearing; drainage; freeway buffer

Sanitary sewers; street and sidewalk improvements.

See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria.

See Attachment 2 – Areas 1A, 1B, 1C, 2B and 3 Design and Development Criteria.

 

Area

ATTACHMENT 1

Neighborhood Commercial and Mixed Use Design Criteria for Areas 1A, 1B, 1C, 3, 14

1A

1B

3

14

1. Use Criteria

 

a. Buildings and public spaces should be located immediately adjacent to the public sidewalk. Underlying required yards may be reduced to accomplish this.

 

b. Commercial uses shall be limited to the street level or a designated pedestrian corridor.

 

c. The maximum street frontage for any one commercial use is 60 feet. For street corner uses, only one street frontage may exceed 50 feet.

 

d. Residential uses shall be provided in conjunction with commercial uses at a minimum ratio of 0.8 square feet of residential floor space to 1 square foot of commercial floor space.

 

e. Required Type A accessible dwelling units may be located at ground level to satisfy Americans With Disabilities Act requirements.

 

f. Commercial development of the site shall be pedestrian in scale with windows and entries adjacent to the street or pedestrian corridor.

 

g. Drive-through establishments are prohibited.

 

h. A restaurant may include licensed provision of alcohol beverages for consumption on the premises when accessory to such food service.

 

i. Further limitations on uses are addressed within the applicable subarea descriptions.

2. Parking and Access.

 

a. In order to encourage transit related and affordable housing in mixed-use (commercial-residential) developments, shared parking may be approved if required parking for the greater of either all residential or all commercial uses is met.

 

b. Improved on-street parking adjacent to the property may be counted toward on-site parking requirements, provided all required parking for residential uses is improved on site.

 

c. Parking should not be required for public open space such as a plaza or outdoor seating for a cafe.

 

d. Open parking spaces that use an alley for maneuvering shall be exempt from any required yard along the alley property line.

3. Signage and Lighting

 

a. Signage facing residential areas is limited to 16 square feet per use frontage, which may be indirectly lighted during business hours.

 

b. Signage should be oriented toward pedestrians, not automobiles.

 

c. Freestanding pole signs are prohibited.

 

d. Moving, blinking, changeable type, and internally illuminated signs are prohibited.

 

e. Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.

Area

ATTACHMENT 2

Design and Development Criteria for Areas 1A, 1B, 1C, 2B, 3

1A

1B

1C

2B

3

Design and Development Criteria

The following specific criteria are intended to encourage development that reflects and enhances the desired character of the Happy Valley neighborhood as stated herein. These criteria are in addition to the general criteria found in Section VII of this plan and the citywide multifamily design guidelines currently being developed.

Once adopted, the citywide guidelines shall be used in addition to the design criteria contained in this plan. The review of a planned contract application and the design review process should occur simultaneously whenever possible.

A. Streets and Transportation

Street improvements should be required as development occurs. New developments should improve their side of all abutting streets with curbs, gutters, utility conduit, lights, and sidewalks with street trees. If appropriate as determined by the public works department, street improvements should be extended to the nearest street that is improved to similar standards.

 

The city will work in collaboration with the neighborhood, WWU, and property owners to improve streets in front of developed properties through LIDs, grants or other financing methods.

 

Vehicular access to new development may be limited to alleys if street construction would infringe upon a stream or designated open space corridor.

 

B. Open Space Corridors (See Section III).

 

 

1. The length of 23rd Street north of Douglas Ave. to Bill McDonald Parkway should remain unimproved and retained for open space, stream restoration, and trail purposes. Parking lots should not abut this open space.

2. The open space tracts along the east side of Sehome High School’s play fields and WWU’s physical plant should be retained to the greatest extent possible as a wildlife habitat corridor between the Sehome Hill Arboretum and Connelly Creek Nature Area.

 

 

 

C. Residential Density Transfers

 

The previous zoning required a minimum lot size of 10,000 square feet for multifamily development. In some cases, this helped create “remnant lots” which are vacant or single-family lots under 10,000 square feet and between developed multifamily properties. It is difficult for these lots to acquire the additional land needed to redevelop. Houses on remnant lots surrounded by high-density uses can be less desirable and too expensive to maintain as a quality rental unit.

 

Density transfers should be allowed as an option to get some value from remnant lots. Density transfers could preserve open space and help ensure that residential density is maintained.

 

Upon the planning director’s approval of a planned contract on a receiving property, densities may be transferred within Area 1A and from Area 1A to Area 3. Densities may only be transferred from remnant lots. Density transfers shall comply with the following guidelines:

 

• Density transfers shall be recorded by covenants on sending and receiving properties.

 

• A maximum of one dwelling unit may be transferred for each 1,000 square feet of land. Fractions shall be rounded to the next lower whole number.

 

• Density transfers are intended to make land available for nonresidential uses such as parks and to provide open space.

 

• In this process, all density shall be transferred, including the removal of any existing residences. The vacant property shall be acquired by the city, owner of the receiving property, adjacent property owner, neighborhood association, or other able party that will maintain the property as a park or open space. The vacant property may also be used for stormwater quality needs.

 

• Property receiving a density transfer shall be no less than 20,000 square feet in area.

 

• Dwelling unit density may not be transferred from the WWU regional stormwater facility or from the block directly west of the WWU physical plant.

 

D. Western Washington University Uses:

 

(Note: See the WWU Institutional Master Plan for a complete listing of use restrictions, design criteria, and performance standards that apply to institutional development in designated areas of the Happy Valley neighborhood.)

 

As of 2001, WWU’s developed properties south of Bill McDonald Parkway include the physical plant at 26th and Douglas, the Northwest Regional Archives Building at 25th and Bill McDonald Parkway, and a regional stormwater facility on the south side of Bill McDonald Parkway generally between 22nd and 23rd Streets. The physical plant area (2B) currently includes support offices, maintenance shops, and storage areas. WWU’s plans for the next 10 years are to expand the physical plant functions to include relocation of related offices such as WWU’s purchasing office, mail services, and central stores. The block west of the physical plant (Area 1C) is also now owned by WWU. The following design criteria shall apply to development in Areas 1C and 2B:

 

 

1. All uses in Areas 1C and 2B shall comply with the use limitations, development standards, and performance standards in the WWU Institutional Master Plan as amended.

 

 

2. Expansion of warehousing and maintenance facilities shall occur on the Taylor Street (north) side of the physical plant property whenever possible. Expansion of these uses adjacent to or across the street from residential areas should be designed with office space facing streets to ease potential impacts.

 

 

3. Office facades should include similar scale and design features of adjacent residential structures to reinforce and enhance the residential neighborhood character.

 

 

4. New warehouse and maintenance shop facilities and outdoor storage of construction or other materials shall not be located in Area 1C.

 

 

5. WWU truck traffic should be routed north on 25th Street to Bill McDonald Parkway and not south through the neighborhood or east along Douglas Street.

 

 

6. Ten percent open space is required for all nonresidential uses.

 

 

7. Surface parking lots that serve uses north of Bill McDonald Parkway are prohibited.

 

 

8. If Area 1C is to be developed with institutional (nonresidential) uses, vacating the 26th Street right-of-way should be considered in exchange for an equal dedication of land for open space on the east side of 25th Street. If this occurs, WWU should be required to permanently own and maintain the open space. Explore ways to use some of the adjacent open space to enhance the streetscape/entrance to Happy Valley.

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

4

Commercial

Planned*

N/A

Area 4 Design Criteria

None

*Prohibited Uses: Retail establishments selling the following products:

 

 

 

 

 

 

a. Automobiles and trucks

 

 

 

 

 

 

b. Heavy farm and construction equipment

 

 

 

 

 

 

c. Feed, grain, and farm supplies

 

 

 

 

 

 

d. House trailers, mobile homes, and boats

 

 

 

 

 

 

See Attachment 3 – Area 4 design criteria

5

Residential Single

Detached Cluster Attached (use attached single-family duplex regulations for cluster attached projects – standard cluster plat regulations shall not apply).

Single-family detached – 5,000 sq. ft. min. detached lot size. Cluster attached – 3,750 sq. ft. min. per unit attached lot size, maximum of two units attached for cluster development, one bedroom max. per 1,000 sq. ft. of land.

Drainage; floodplain; stream setbacks; clearing

None

Existing duplexes legally established prior to adoption of the neighborhood plan in 2001 are permitted.

For cluster attached development, a maximum of two units may be attached. Single-family attached duplex standards shall be used when developing a cluster attached housing project. Standard cluster development regulations shall not apply.

The minimum lot size in the area may be reduced to 4,000 sq. ft. per dwelling unit for the blocks bound by Donovan Ave., Happy Ct., 24th St. and the alley east of 22nd St.

5A

Residential Single

With Development Agreement as outlined in Special Regulations: Cluster Detached

Without Development Agreement as outlined in Special Regulations: Detached, Cluster Attached (use attached single-family duplex regulations for cluster attached projects; standard cluster plat regulations shall not apply).

With Development Agreement as outlined in Special Regulations: Maximum of 12 dwelling units; 3,000 sf minimum cluster detached lot size.

Without Development Agreement as outlined in Special Regulations: Single-family detached 5,000 sf min. detached lot size. Cluster attached 3,750 sf min. per unit attached lot size, maximum of two units attached for cluster development, one bedroom max. per 1,000 sf of land.

Drainage; Floodplain; Stream setbacks; Clearing

Open space should be consolidated on the south side of the block for future daylighting of Padden Creek, floodway management, habitat enhancement, buffering Old Fairhaven Pkwy., and incorporation of low impact development practices.

None

With Development Agreement: Development shall comply with the Development Agreement approved by Ordinance No. 2010-03-016 unless the agreement expires or terminates.

In order to meet the objectives outlined in the Area 5A Special Conditions, the following modifications to Chapter 20.30 BMC apply to the Development Agreement:

1. The designated “front yard” of those lots that abut the open space tract on the south side of the block shall be the common property line with said open space tract.

2. Setbacks (minimum):

a. Primary Residence: 10 feet from property lines abutting the open space tract; five feet from all other property lines.

b. Detached Accessory Buildings: 10 feet from all front and side flanking property lines; 0 feet on all internal side and rear property lines.

c. A garage (attached or detached), the vehicular entrance of which faces the private alley, shall be set back from the private alley to provide 22 feet of vehicular maneuvering. The width of the improved alley may be included in the calculation of maneuvering.

3. BMC 20.30.050 (Optional development regulations) shall not apply.

6

Public

School, public recreation

N/A

None

None

None

7

Residential Single

Detached, Cluster Attached

15,000 sq. ft. min. detached lot size; 5,000 sq. ft. min. cluster lot size

Floodplain, stream setbacks; clearing; buffer along Connelly Creek wildlife habitat corridor, I-5 and boundary of Area 3

Sanitary sewer

The WWU compost facility on the north side of Douglas Ave. (Lot 1, Rehder Short Plat) may continue to operate as a permitted use as long as the use complies with the following criteria:

1. The site continues to be screened from adjacent residentially zoned properties;

2. No mechanical chipping, shredding, or other noise generating uses occur on the site;

3. The use is not expanded further into Area 7; and

4. No other WWU uses, other than those allowed by the underlying zoning, are allowed on this property.

8

Public

School

N/A

None

None

None

9

Residential Single

Detached, Cluster Attached

7,500 sq. ft. min. detached lot size; 1 lot/7,500 sq. ft. average overall cluster density; 5,000 sq. ft. min. cluster lot size

Shoreline; floodplain; stream setbacks; clearing; buffer along Padden and Connelly Creeks and I-5

Sanitary sewer for subdivision

 

Area

ATTACHMENT 3

Area 4 Design Criteria

4

32nd Street

 

Vacant property remains on the east side of the 32nd Street connector. New development with residential facing elevations in this area should be visually similar to adjacent residential uses to provide a complementary transition between the high-density residential zone to the west and Sehome Village to the east.

 

To reinforce the transition between the use zones, structures and sites should be designed to incorporate the following criteria:

 

 

1. Design pedestrian friendly street facades.

 

 

2. Provide architectural details, materials, or features that emphasize human scale, and compatibility with adjacent residential uses

 

 

3. Orient buildings, signage, and uses toward pedestrians and not automobiles.

 

 

4. Discourage blank walls facing residential zones.

 

 

5. Front buildings and building entrances up to streets. Underlying required yards may be reduced to accomplish this.

 

 

6. Locate parking to the side, rear, or beneath a building.

 

 

7. Break up parking areas with more landscaping and include larger landscape trees. CDP-36

 

 

8. Provide mixed uses that include residences.

 

 

9. Prohibit pole signs on properties adjacent to 32nd Street, except for gas stations.

 

Sehome Village

 

Most customer entrances to Sehome Village are located on the east side of the shopping center. A pedestrian corridor should be opened in the middle of the shopping center to encourage pedestrian access from residential areas to the west and provide a more convenient alternative to using the automobile. Pedestrian passages through stores to the south should be maintained. If Sehome Village is redeveloped, the following design criteria are recommended:

 

 

• Any new design should break up the existing mass of parking in the center and east of the mall.

 

 

• More landscaping that includes larger trees (including evergreens) and understory plants should be interspersed through large parking areas.

 

 

• Encourage more pedestrian access and interest with a design including more storefront entrances on Fielding Ave. A maximum of one drive lane parallel to the street with parking on either side should be placed next to Fielding.

 

 

• Loading areas for smaller storefronts should be accessed from the parking lot to allow for greater pedestrian access from the south and west. Larger establishments’ loading areas should be placed outside of pedestrian ways and screened.

 

 

• Transit services should be integrated on site into the mall redevelopment and provide covered access to businesses.

 

 

• Opportunities for outdoor seating should be made by building modulation and by moving a portion of the mall buildings toward the center of the site.

 

 

• Upper floor residential uses are encouraged above commercial spaces. No additional parking requirements should be placed on upper floor residential.

 

 

• Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.

 

Natural Systems Enhancement

 

One fork of Connelly Creek’s headwaters originates in the linear wetlands located in the Fielding Ave. and 36th Street rights-of-way. Drainage from the vast parking areas surrounding these wetlands contains heavy metals and other pollutants that have an adverse affect on the water quality in the creek. The stormwater storage and cleansing functions of these linear wetlands should be retained and enhanced. More native vegetation, including conifers, should be added to improve the multiple functions of these wetlands. Expansion of the wetlands through conversion of existing paved areas or other means should be explored. TP-21

 

Developments should minimize the amount of parking provided on site and increase the amount of open space to facilitate installation of more trees or water quality filtration systems.

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

10

Commercial

Planned

Maximum 10,000 sq. ft. footprint per building

Design criteria – see Special Regulations*; shoreline; floodplain; stream setbacks; drainage; clearing; vehicular access; uses that rely on large surface parking lots or vehicle storage, such as auto sales, are prohibited.

None

*Design criteria:

1. This area serves as a gateway to south Bellingham and Fairhaven. Future redevelopment of this area should contribute toward a distinct neighborhood entrance instead of appearing freeway oriented. For example, emphasis should be placed on creating a smaller scaled environment of compact development with smaller buildings or building elevations of varying scales and designs.

2. Building elevations should avoid large blank walls facing streets, especially near sidewalks. These walls should include pedestrian entrances and windows facing streets.

3. Buildings should front 30th St. and Old Fairhaven Pkwy. creating a strong pedestrian connection between the sidewalks and buildings.

4. Parking lot design should be limited to a single drive lane parallel to the street with parking on either side in order to avoid vast parking lots. Other parking should be located to the sides or rear of buildings.

5. Setback sidewalks with street trees should be used to buffer pedestrians from moving traffic.

6. Mixed uses that include residences should be encouraged.

7. Lighting should be minimized. It should be placed for safety reasons. Private lighting should not shine directly onto adjacent property.

11

11A

Public

Park, Open Space, Utilities

N/A

Stream setbacks; fisheries; floodplain

None

None

12

Residential Single

Detached

5,000 sq. ft. min. detached lot size

Drainage; views; narrative in neighborhood plan

None

Garages and carports shall be set back a minimum of four feet from the front of residences.

13

Public

Governmental Services

N/A

None

None

None

14

Commercial

Neighborhood, administered through the planned contract process; limited permitted uses*

Max. 2,000 square feet of floor area per use except for eating establishments. Max. of 50 percent of the gross commercial floor area may be used for offices as a primary use. Min. ratio of 0.8 sq. ft. of residential floor space to 1 sq. ft. of commercial floor space.

Neighborhood commercial and mixed-use design criteria; maximum 25-foot height limit above Harris Ave. centerline; limited vehicular access; street improvements

None

See Attachment 1 – Neighborhood Commercial and Mixed-Use Design Criteria.

*Permitted uses are limited to the following:

1. Retail establishments of all types except those selling the following products (see also numbers 12 and 13 below):

a. Automobiles and trucks.

b. Heavy farm and construction equipment.

c. Feed, grain and farm supplies.

d. House trailers, mobile homes and boats.

2. Personal service facilities such as:

a. Barber and beauty shops.

b. Tailor shops.

c. Repair shops for small items.

 

 

 

 

 

 

3. Business and professional offices limited to 50 percent of the gross commercial floor area in this zone.

 

 

 

 

 

 

4. Laundry and dry cleaning establishments.

 

 

 

 

 

 

5. Florist shops.

 

 

 

 

 

 

6. Publicly owned parks and playgrounds.

 

 

 

 

 

 

7. Eating Establishments. A restaurant may include licensed provision of alcohol beverages for consumption on the premises when accessory to such food service.

 

 

 

 

 

 

8. Public utilities, if located within a public right-of-way.

 

 

 

 

 

 

9. Single-family dwelling unit.

 

 

 

 

 

 

10. Duplex and multifamily dwelling units, when within a structure housing other principal uses.

 

 

 

 

 

 

11. Uses similar to the above.

 

 

 

 

 

 

Prohibited Uses:

 

 

 

 

 

 

1. Auto-oriented services and sales such as gas stations, auto repair shops, drive-through establishments and similar uses.

 

 

 

 

 

 

2. Adult entertainment uses, bars, taverns, liquor stores, card rooms, and tattoo/body piercing establishments.

15

Residential Single

Detached

5,000 sq. ft. min. detached lot size

Floodplain; drainage; clearing; buffer along Padden and Connelly Creeks and freeway

None

None

16

Public

Governmental Services

N/A

Reversion clause in neighborhood plan

Street and sidewalk improvements

None

[Ord. 2010-12-073; Ord. 2010-03-016; Ord. 2006-12-119; Ord. 2004-12-087].

20.00.092 Irongate neighborhood table of zoning regulations.

IRONGATE NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Industrial

Planned; light manufacturing and warehousing only. (Resos. 40‑83, 25-85, 18‑86, PC 87-12, 87-16)

N/A

Floodplain; floodway; shoreline; wetlands; clearing; buffer residential

Access should be developed through nonresidential areas.

None

2

Public

Government services*

N/A

Floodplain; floodway; shoreline; wetlands; clearing; storm detention facilities

N/A

*If Whatcom County purchases, leases, or trades land for Area 2 prior to July 1, 2004, then the land use and zoning designations shall remain public government services. If Whatcom County fails to purchase, lease, or trade land for Area 2 prior to July 1, 2004, or otherwise communicates its intent to not purchase, lease, or trade land for area two prior to that date, the land shall immediately revert to a land use and zoning designation of “industrial, planned, light manufacturing and warehousing only” to reflect the existing surrounding uses and zoning designation in Area 2.

3

Industrial

Planned; light manufacturing and warehousing only.

N/A

Floodplain; shorelines; wetlands; clearing; freeway buffer

Improvement of James St. northerly to Bakerview Rd.

See Irongate neighborhood plan text for Area 3.

4

Public

Open space/parks

N/A

Shoreline; floodplain; clearing

None

None

5

Industrial

Light*

N/A

Buffer and setback along western property line (see neighborhood plan); access shall be through industrial area.

Property need not abut a full standard street or sign an LID commitment for street improvements as a condition of obtaining a building permit; a 20-foot easement for sewer line shall be provided along the northern property line as a condition of obtaining a building permit.

* Permitted uses shall be limited to those uses permitted and accessory uses allowed in Whatcom County’s light industrial zone as of the date of annexation; those conditional uses allowed in Whatcom County’s light impact industrial zone as of the date of annexation may be considered through the planned development process (See Supplement to Irongate Neighborhood Zoning Table). Retail development not associated with industrial uses is prohibited in this area.

6

Industrial

Light*

N/A

Protection of Baker Creek corridor; buffers separating industrial uses from adjacent residential areas.

Property need not abut a full standard street or sign an LID commitment for street improvements as a condition of obtaining a building permit; property owners shall deed to the city 60-foot right-of-way for the following streets: Irongate Midway Lane, Hammer Drive, Baker Creek Place, and Jill’s Court. The city shall accept this dedication and shall own, operate, maintain and improve these streets to all-weather standards at no cost to the property owners; city will process building permits allowing modified street improvement standards recommended by and approved for the area by the public works department. Building and parking setbacks shall be 10 feet for lots fronting on E. Bakerview Rd. as development or redevelopment occurs.

* Permitted uses shall be limited to those uses permitted and accessory uses allowed in Whatcom County’s light impact industrial zone as of the date of annexation (see Supplement to Irongate Neighborhood Zoning Table).

Those conditional uses allowed in Whatcom County’s light impact industrial zone as of the date of annexation may be considered through the planned development process.

Retail development not associated with industrial uses is prohibited in this industrial area.

Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if the access design is approved by the public works department.

7

Industrial

Heavy*

N/A

None

Property need not abut a full standard street or sign an LID commitment for street improvements as a condition of obtaining a building permit; Property owners shall deed to the city 60-foot right-of-way for the following streets: Irongate, Bakerview Spur, Midway Lane, Alpine Lane, Marsh Henifin St. The city shall accept this dedication and shall own, operate, maintain and improve these streets to all-weather standards at no cost to the property owners; city will process building permits allowing modified street improvement standards recommended by and approved for the area by the public works department. Building and parking setbacks shall be 10 feet for lots fronting on E. Bakerview Rd. and Hannegan Rd. as development or redevelopment occurs. Any new roads shall comply with the performance standards recommended for this area by the public works department.

*Permitted uses shall be limited to those uses permitted and accessory uses in Whatcom County’s general manufacturing zone (GM) as of the date of annexation (see supplement to Irongate Neighborhood Zoning Table).

Those conditional uses allowed in Whatcom County’s GM zone as of the date of annexation may be considered through the planned development process.

Retail development not associated with industrial uses is prohibited in this industrial area.

Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if the access design is approved by the public works department.

8

Commercial

Neighborhood*

N/A

None

Building and parking setbacks shall be 10 feet along East Bakerview Rd. and Hannegan Rd. as development or redevelopment occurs.

*Also allowed are all permitted and accessory uses allowed in Whatcom County’s general commercial zone as of the date of annexation (see supplement to Irongate Neighborhood Zoning Table). Those conditional uses allowed in the county’s GC zone as of the date of annexation may be considered through the planned development process.

9

Industrial

Planned*

N/A

Regulated stream – protection of Squalicum Creek; additional buffering may be required next to residential boundaries, especially for more intensive industrial uses; access management.

Dedication of 50 feet of trail right-of-way for the Bay to Baker Trail as development occurs – location to be approved by the parks department.

*1. Permitted uses shall be limited to those permitted and accessory uses in Whatcom County’s general manufacturing zone as of the date of annexation; those conditional uses allowed in Whatcom County’s general manufacturing zone as of the date of annexation may be considered through the planned development process (see Supplement to Irongate Neighborhood Zoning Table).

2. Planned industrial building and parking setbacks shall be reduced along internal property lines and other locations where appropriate. Standard planned industrial setbacks should not be reduced adjacent to less intensive use zones (such as residential, commercial, public, etc.) and when necessary to protect environmentally sensitive areas. Building and parking setbacks shall be 10 feet for lots fronting on Hannegan Rd. and East Bakerview Rd. as development or redevelopment occurs.

3. Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if it is determined, through the planned development review process, subdivision or binding site plan, that public roads are not necessary.

4. Retail development not associated with industrial uses is prohibited in this industrial area. Adult entertainment uses are prohibited adjacent residential areas, East Bakerview Rd. and Hannegan Rd.

10

Industrial

Planned*

N/A

Regulated stream – protection of Squalicum Creek; additional buffering may be required next to residential boundaries, especially for more intensive industrial uses; access management.

Extension of the city’s water and sanitary sewer system; buildings and parking setbacks shall be 10 feet for lots fronting on Hannegan Rd. and East Bakerview Rd. as development and redevelopment occurs. Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if it is determined, through the planned development process, subdivision or binding site plan, that public roads are not necessary.

*Permitted uses shall be limited to those uses permitted and accessory uses in Whatcom County’s light impact industrial zone as of the date of annexation (see Supplement to Irongate Neighborhood Zoning Table). Those conditional uses allowed in Whatcom County’s light impact industrial zone as of the date of annexation may be considered through the planned development process.

Planned industrial building and parking setbacks may be reduced along internal property lines and other locations where appropriate. Standard planned industrial setbacks should not be reduced adjacent to less intensive use zones (such as residential, commercial, public, etc.) and when necessary to protect environmentally sensitive areas.

Retail development not associated with industrial uses is prohibited in this industrial area. Adult entertainment uses are prohibited adjacent to residential areas, East Bakerview Rd. and Hannegan Rd.

11

Industrial

Planned*

N/A

Regulated stream – protection of Squalicum Creek; additional buffering may be required next to residential boundaries, especially for more intensive industrial uses; access management.

Significant improvements need to occur in the area north of Ross Rd. (unimproved) for an orderly expansion of the city’s water and sewer utilities.

*Permitted uses shall be limited to those uses permitted and accessory uses in Whatcom County’s general manufacturing zone as of the date of annexation (see Supplement to Irongate Neighborhood Zoning Table).

 

Those conditional uses allowed in Whatcom County’s GM zone as of the date of annexation may be considered through the planned development process.

 

Planned industrial building and parking setbacks may be reduced along internal property lines and other locations where appropriate. Building and parking setbacks shall be 10 feet for lots fronting along Hannegan Rd. Standard planned industrial setbacks should not be reduced adjacent to less intensive use zones (such as residential, commercial, public etc.) and when necessary to protect any sensitive areas.

 

Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if it is determined through the planned development review process that public roads are not necessary.

 

Retail development not associated with industrial uses is prohibited in this industrial area. Adult entertainment uses are prohibited adjacent to residential areas and Hannegan Rd.

12

Industrial

Planned*

N/A

Protection of Baker Creek.

None

*Permitted uses shall be limited to those uses permitted and accessory uses in Whatcom County’s general manufacturing zone (GM) as of the date of annexation (see Supplement to Irongate Neighborhood Zoning Table).

Those conditional uses allowed in Whatcom County’s GM zone as of the date of annexation may be considered through the planned development process.

Planned industrial building and parking setbacks may be reduced along internal property lines and other locations where appropriate. Building and parking setbacks shall be 10 feet for lots fronting along Hannegan Rd. Standard planned industrial setbacks should not be reduced adjacent to less intensive use zones (such as residential, commercial, public, etc.) and when necessary to protect environmentally sensitive areas.

Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if it is determined, through the planned development review process, subdivision or binding site plan, that public roads are not necessary.

Retail development not associated with industrial uses is prohibited in this industrial area. Adult entertainment uses are prohibited adjacent to residential areas and Hannegan Rd.

13

Industrial

Planned*

N/A

Protection of Baker Creek; additional buffering may be required next to residential boundaries, especially for more intensive industrial uses.

Extension of the city’s water and sewer systems.

*Permitted uses shall be limited to those uses permitted and accessory uses in Whatcom County’s general manufacturing zone (GM) as of the date of annexation (see Supplement to Irongate Neighborhood Zoning Table). Those conditional uses allowed in Whatcom County’s GM zone as of the date of annexation may be considered through the planned development process.

Planned industrial building and parking setbacks may be reduced along internal property lines and other locations where appropriate. Building and parking setbacks shall be 10 feet for lots fronting along Hannegan Rd. Standard planned industrial setbacks should not be reduced adjacent to less intensive use zones (such as residential, commercial, public, etc.) and when necessary to protect environmentally sensitive areas.

Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if it is determined, through the planned development review process, subdivision or binding site plan, that public roads are not necessary.

Retail development not associated with industrial uses is prohibited in this industrial area. Adult entertainment uses are prohibited adjacent to residential areas and Hannegan Rd.

14

Industrial

Planned*

N/A

Protection of Baker Creek; additional buffering may be required next to residential boundaries, especially for more intensive industrial uses.

Access from industrial roads.

*Permitted uses shall be limited to those uses permitted and accessory uses in Whatcom County’s general manufacturing zone (GM) as of the date of annexation (see Supplement to Irongate Neighborhood Zoning Table).

Those conditional uses allowed in Whatcom County’s GM zone as of the date of annexation may be considered through the planned development process.

Planned industrial building and parking setbacks may be reduced along internal property lines and other locations where appropriate. Building and parking setbacks shall be 10 feet for lots fronting along Hannegan Rd. Standard planned industrial setbacks should not be reduced adjacent to less intensive use zones (such as residential, commercial, public, etc.) and when necessary to protect environmentally sensitive areas.

Lots that do not abut existing or proposed public streets identified in the neighborhood plan may be served by private roads if it is determined, through the planned development review process, subdivision or binding site plan, that public roads are not necessary.

Retail development not associated with industrial uses is prohibited in this industrial area. Adult entertainment uses are prohibited adjacent to residential areas and Hannegan Rd.

15

Public

Open space; trail (wetland mitigation and stormwater management only)

N/A

Floodplain; wetlands

None

None

16

Public

Open space (wetland mitigation and stormwater management only)

N/A

Floodplain; wetlands

None

None

17

Public

Open space

N/A

Floodplain; wetlands

None

None

18

Industrial

Light

N/A

Wetlands; shoreline; buffer

None

None

19

Industrial

Planned

N/A

Critical areas.

Provide public trails as indicated in the Bellingham Comprehensive Plan.

Shared access is encouraged.

High pressure natural gas/transmission pipelines.

Extension of the water/sewer mains.

As development occurs downstream utilities may need to be upgraded.

Dedication, extension, and improvements to E. Bakerview Road to arterial standards.

Retail sales are prohibited, except when associated with industrial uses on site.

Supplement to the Irongate Neighborhood Table of Zoning Regulations

Whatcom County Zoning Districts: General Manufacturing, Light Impact Industrial;

Heavy Impact Industrial, and General Commercial as of the date of annexation December 11, 1998

    User Note: References to any section of the Whatcom County Code (WCC) are subject to interpretation and adaptation to city of Bellingham regulations and procedures as determined by the city of Bellingham planning director.

20.67.050 Permitted uses.

Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.

.051 The manufacture and processing of food including meat, dairy, fruit, vegetable, seafood, bakery and beverage products.

.052 Fabrication of apparel including clothing, hats, caps, millinery, fur products; and miscellaneous fabricated textile products.

.053 Fabrication of furniture and fixtures including household, office and public building furniture; and partitions, shelving and lockers.

.054 Fabrication of paper products including paperboard containers, boxes, carrion boxes and paper containers.

.055 Printing and publishing newspapers, periodicals and books; commercial printing; book binding; and manufacture of manifold business forms and greeting cards.

.056 Fabrication of leather products including belting; packing; cut stock and findings for shoes and boots; shoes; footwear; gloves and mittens; luggage; personal leather goods and handbags.

.057 Fabrication of stone, clay and glass products including glassware; glass products from prepared materials; pottery and related products; stone cutting; monuments; and manufacture of fiberglass products.

.058 The manufacture of transportation equipment including boat building; and bicycle and motorcycles, and related parts.

.059 Processing and packaging of drugs, pharmaceuticals, perfumes and cosmetics.

.060 Fabrication of electrical equipment including radio and television sets; communications equipment; electronic components and accessories; and electric lighting equipment and lamps.

.061 Fabrication of instruments, photographic goods, optical goods, watches and clocks, and including engineering, scientific, surgical, medical, dental and ophthalmic products.

.062 Manufacture and fabrication of jewelry, silverware, plated ware, musical instruments and parts, toys, sporting and athletic goods; pens, pencils and other office and artistic supplies; novelties, buttons and notions; and miscellaneous manufacture.

.063 Rail, truck and freight terminals, warehousing and storage; parcel delivery service, freight forwarding; inspection and weighing service; and packing and crating.

.064 Manufacture of office, computing and accounting machines.

.065 Retail automobile wrecking yards where determined by the zoning administrator to be adequately screened from adjacent properties and streets.

.066 Construction contractors including general building, heavy construction and special trade.

.067 Wholesale trade of durable and nondurable goods including automotive parts and supplies; tire and tubes; furniture and home furnishings; lumber and other construction materials; sporting goods, toys and hobby goods; metal service centers and offices; electrical goods; hardware, plumbing and heating equipment; machinery, equipment and supplies; jewelry, watches and precious stones; other durable goods; paper and paper products; drugs, proprietaries and sundries; apparel, piece goods and notions; groceries and related products; beer, wine and distilled beverages; and miscellaneous nondurable goods; automotive wrecking scraps; bag reclaiming; waste bottles; waste boxes; fur cuttings and scraps; iron and steel scrap; general line of junk scrap; nonferrous metals scrap; rags; and waste paper.

.068 Retail sales of lumber and other building materials.

.069 The fabrication of metal products including metal cans, hardware, hand tools, cutlery, heating apparatus, plumbing fixtures, structural metals, screws and bolts, and stamping.

.070 The manufacture of machinery including engines; turbines, farm machinery and equipment; construction, mining and materials handling equipment; machine tools and dies; and special and general industrial equipment.

.071 The manufacture of electrical machinery including transmission and distribution equipment, and industrial apparatus.

.072 Manufacture of millwork and structural wood members; wood containers; wood buildings and mobile homes; resawed cants and lumbers; dressed ceiling lumber; lath; snow fence lath; cut stock; dressed lumber flooring and dressed lumber siding; and sawmill activities including sawmills; and independent planning mills.

.073 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses.

.074 Other uses similar in nature to the uses listed above which are consistent with the purpose and the intent of the district, have similar effects on surrounding land uses, and can meet the performance standards for this district.

.075 Eating establishments, convenience grocery stores, vehicle washes and facilities, and gas stations operating primarily for the convenience of employees, clients and customers of the district; providing the following criteria are met:

(1) Maximum floor area is 3,500 square feet per use;

(2) No more than two pump islands for each gas station;

(3) Centrally located within the district to primarily serve the uses of this district and not to primarily serve the uses in adjacent residential, rural, or commercial zone districts. (Ord. 95-009, 1995; Ord. 91-075, 1991; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.67.100 Accessory uses.

.101 Employee recreation facilities and play areas.

.102 Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

.103 Testing and experimentation in connection with a principally permitted use.

.104 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use.

.105 On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC. (Ord. 95-009, 1995; Ord. 89-10, 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.67.150 Conditional uses.

.151 University sponsored vocational, educational and scientific research facilities and related activities.

.152 Solid waste disposal facilities and sites of a permanent nature including, but not limited to, landfills, incinerators, and transfer stations, excluding sewage sludge permitted by the Whatcom County department of public health in accordance with WAC 173-304-300; provided that the hearing examiner determines that the proposed facility or site meets the following conditions:

(1) The facility or site will not be located within any area identified in an adopted critical areas ordinance or 100-year floodplain unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation;

(2) Filling or excavation, structures, or non-mobile machinery for all facilities except inert, demolition, and wood waste landfills will not be located within 1,000 feet of any zone district other than Agriculture or Industrial Zoning Districts, nor any public park, recreation area, wildlife refuge, archaeological and historic areas, shoreline under the jurisdiction of the Shoreline Management Program, unless temporary and of less than 12 months duration; structures used for offices, storage areas for equipment, and weigh scales may be located within 1,000 feet, but no closer than 100 feet or the district setbacks, whichever is greater, if impacts on the adjoining use are shown to be in keeping with the existing and permitted uses in the area;

(3) Inert, demolition, and wood waste landfills will not have any filling or excavation areas, structures, or machinery located within 500 feet of any zone district other than Agriculture or Industrial Zoning Districts, nor any public park, recreation area, wildlife refuge, archaeological and historic areas, shoreline under the jurisdiction of the Shoreline Management Program, unless temporary and of less than 12 months duration; structures used for offices, storage areas for equipment, and weigh scales may be located within 1,000 feet, but no closer than 100 feet or the district setbacks, whichever is greater, if impacts on the adjoining use are shown to be in keeping with the existing and permitted uses in the area;

(4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any county or state road right-of-way;

(5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed;

(6) The facility or site has complied with the provisions of WCC 20.84.200 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites; and

(7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173-304 WAC, and the closure plan includes:

(a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; and

(b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post-closure activities.

(8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 Landscaping;

.153 Transitory solid waste facilities for treatment, storage, or collection including, but not limited to: recycle centers and drop boxes for household materials excluding large items such as automobiles or major appliances; noncommercial composting and mulching facilities; and including but not limited to the type of facilities operated by neighborhood or public service organizations. (Ord. 91-013, 1991; Ord. 88-76, 1988; Ord. 88-52, 1988).

WHATCOM COUNTY LIGHT IMPACT INDUSTRIAL ZONE (LII)

20.66.050 Permitted uses.

Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements), Chapter 20.84 WCC (Variances, Conditional Uses and Appeals) and Chapter 20.86 WCC (Procedures for Light and Heavy Impact Industrial District Applications), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.

.051 The manufacturing and processing of food of a nature that meets the purpose and performance standards of this district excluding primary processing of meat and fish products.

.052 Fabrication of office, computing and accounting machine.

.053 Manufacture of miscellaneous textile goods and fabrication of apparel including clothing, hats, caps, millinery fur products; and miscellaneous fabricated textile products.

.054 Fabrication of furniture and fixtures including household, office and public building furniture; and partitions, shelving and lockers.

.055 Fabrication of paper products including paperboard containers, boxes, carrion boxes and paper containers.

.056 Printing and publishing newspapers, periodicals and books; commercial printing; book binding; and manufacture of manifold business forms and greeting cards.

.057 Fabrication of leather products including belting; packing; cut stock and findings for shoes and boots; shoes; footwear; gloves and mittens; luggage; personal leather goods and handbags.

.058 Fabrication of glass products including glass products from prepared materials; stone cutting; and monuments.

.059 Processing and packaging of drug, pharmaceuticals, perfumes and cosmetics.

.060 Fabrication of electrical equipment including industrial apparatus and household appliances, radio and television sets; communications equipment; electrical components and accessories; and electric lighting equipment and lamps.

.061 Fabrication of instruments, photographic goods, optical goods, watches and clocks, and including engineering, scientific, surgical, medical, dental and ophthalmic products.

.062 Manufacture and fabrication of jewelry, silverware, plated ware, musical instruments and parts, toys, sporting and athletic goods; pens, pencils and other office and artistic supplies; novelties, buttons and notions; and miscellaneous manufacture.

.063 Rail, truck and freight terminals; warehousing and storage; parcel delivery service; freight forwarding; inspection weighing services; and packaging and crating.

.064 Boat building and repair.

.065 Communications including telephone exchanges, and radio and television broadcasting stations and transmitting towers.

.066 Business firm headquarters and professional offices.

.067 Construction contractors’ business offices and storage and equipment yards.

.068 Wholesale trade or storage of durable and nondurable goods including automobile parts and supplies; tires and tubes; furniture and home furnishings; lumber and other construction materials; sporting goods, toys and hobby goods; metal service centers and offices; electrical goods; hardware, plumbing and heating equipment; machinery equipment and supplies; jewelry, watches and precious stones; other durable goods; paper and paper products; drugs, proprietaries and sundries; apparel, piece goods and notions; groceries and related products; beer, wine and distilled beverages; waste bottles; waste boxes; rags; waste paper; wiping rags and miscellaneous nondurable goods; provided, however, that trade, storage or processing of sulphur shall be prohibited.

.069 Building material yards, if screened by a fence and/or vegetation as specified in WCC 20.80.355; provided that screening shall not be required between two contiguous yards where the operator of each yard agrees that such screening is unnecessary.

.070 Eating establishments, convenience grocery stores, cafes and gas stations operating primarily for the convenience of employees, clients and customers of the district; providing the following criteria are met:

(1) Maximum floor area is 3,000 square feet per use;

(2) No more than two pump islands for each gas station;

(3) Centrally located within the district to primarily serve the industrial uses of this district and not to primarily serve adjacent nonindustrial uses.

.071 Manufacture, processing, treatment or fabrication of metal products and machinery; provided that smelters and remelting mills, and the manufacturing of turbines, oil machinery, mining machinery, industrial process ovens, paper, and textile or rolling mill machinery shall be prohibited.

.072 Manufacture, processing, treatment and fabrication of lumber, millwork, mobile homes, travel trailers, campers, miscellaneous wood products and other buildings, roofing and construction materials; provided that all odor and noise producing processes shall be conducted within an enclosed structure equipped with such scrubbing, filtering equipment or noise reduction equipment as is necessary to mitigate the odor and/or noise produced.

.073 Fabrication of rubber products from finished rubber only and manufacture of miscellaneous plastic products from purchased resins only.

.074 Manufacture of glass, glass products, pottery and related products, and cutting and shaping of stone products.

.075 Bottling plants.

.076 Churches.

.077 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses.

.078 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. (Ord. 96-056 Att. A § P1, 1996; Ord. 94-056, 1994; Ord. 91-075, 1991; Ord. 89-117, 1989; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 86-56, 1986; Ord. 84-38, 1984).

20.66.100 Accessory uses.

.101 Employee recreation facilities and play areas.

.102 Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

.103 Testing and experimentation in connection with a principally permitted use.

.104 Other accessory uses and buildings, including security and caretaker residences, customarily appurtenant to a principally permitted use.

.105 Retail sales of merchandise manufactured, assembled or stored on the site and consistent with the definition of accessory uses as defined in Chapter 20.97 WCC (Definitions).

.106 On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC. (Ord. 89-10, 1989; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984).

20.66.150 Conditional uses.

.151 Manufacture of hydraulic cement; concrete gypsum and plaster products; and abrasive asbestos and miscellaneous nonmetallic mineral products.

.152 Manufacture of sands.

.153 Repair, service and accessory sales for motor vehicles, boats and farm implements provided:

(1) The use or uses are not expected to generate significantly more traffic than that which would ordinarily be expected by an industrial use of comparable intensity; and

(2) It can be established that sufficient undeveloped, usable property zoned LII is available for the outright permitted uses within the planning subarea for the projected life of the plan as determined by the planning department. Applicant will be responsible for furnishing necessary information.

.154 Solid waste disposal facilities and sites of a permanent nature including, but not limited to, landfills, incinerators, and transfer stations, excluding sewage sludge permitted by the Whatcom County department of public health in accordance with WAC 173-304-300; provided that the hearing examiner determines that the proposed facility or site meets the following conditions:

(1) The facility or site will not be located within any area identified in an adopted critical areas ordinance or 100-year floodplain unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation;

(2) Filling or excavation, structures, or nonmobile machinery for all facilities except inert, demolition, and wood waste landfills will not be located within 1,000 feet of any zone district other than Agriculture or Industrial Zoning Districts, nor any public park, recreation area, wildlife refuge, archaeological and historic areas, shoreline under the jurisdiction of the Shoreline Management Program, unless temporary and of less than 12 months duration; structures used for offices, storage areas for equipment, and weigh scales may be located within 1,000 feet, but no closer than 100 feet or the district setbacks, whichever is greater, if impacts on the adjoining use are shown to be in keeping with the existing and permitted uses in the area;

(3) Inert, demolition, and wood waste landfills will not have any filling or excavation areas, structures, or machinery located within 500 feet of any zone district other than Agriculture or Industrial Zoning Districts, nor any public park, recreation area, wildlife refuge, archaeological and historic areas, shoreline under the jurisdiction of the Shoreline Management Program, unless temporary and of less than 12 months duration; structures used for offices, storage areas for equipment, and weigh scales may be located within 1,000 feet, but no closer than 100 feet or the district setbacks, whichever is greater, if impacts on the adjoining use are shown to be in keeping with the existing and permitted uses in the area;

(4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any county or state road right-of-way;

(5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed;

(6) The facility or site has complied with the provisions of WCC 20.84.200 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites; and

(7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173-304 WAC, and the closure plan includes:

(a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; and

(b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post-closure activities.

(8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 (Landscaping);

.155 Transitory solid waste facilities for treatment, storage, or collection, including, but not limited to: recycle centers and drop boxes for household materials excluding large items such as automobiles or major appliances; noncommercial composting and mulching facilities; and including but not limited to the type of facilities operated by neighborhood or public service organizations.

.156 Golf courses and commercial recreation facilities related to golf courses. (Ord. 94-056, 1994; Ord. 91-013, 1991; Ord. 90-11, 1990; Ord. 88-76, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984).

WHATCOM COUNTY HEAVY IMPACT INDUSTRIAL (HII)

20.68.050 Permitted uses.

Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. The purpose of the SIC numbers listed within this chapter is to adopt by reference other activities similar in nature to the use identified herein. (Policies of the subarea comprehensive plan may preclude certain permitted uses to occur in particular subareas. Please refer to the policies of the applicable subarea plan to determine the appropriateness of a land use activity listed below.)

.051 The manufacture and processing of food including meat, dairy, fruits, vegetables, seafood, grain mill, large scale bakery, sugar and beverage products.

.052 Manufacturing and processing of textiles including weaving cotton, synthetic, silk or wool fabrics; knitting yarn and thread mills; textile bleaching, dyeing and printing; and carpet manufacture.

.053 The manufacture and processing of lumber and wood including sawmills; planing mills; millwork; veneer, plywood and prefabricated wood products; wooden containers and cooperage.

.054 The following are permitted uses except as otherwise prohibited:

(1) The manufacture and process of paper including pulp, paper and paperboard mills; and building paper and board mill products.

(2) The manufacture and processing of chemicals and allied products including industrial inorganic and organic chemicals; synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac, lacquer and allied products; chemicals from gum and wood; and agricultural chemicals.

(3) Refining and storage of petroleum and asphalt.

(4) The manufacture and processing of rubber and plastic products.

(5) Leather tanning and finishing.

(6) The manufacture and processing of cement and glass; and concrete, gypsum, plaster, abrasive, asbestos and nonmetallic mineral products.

(7) Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting, refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals; and the manufacture of miscellaneous metal products.

.055 The fabrication of metal products including metal cans, hardware, hand tools, cutlery, heating apparatus, plumbing fixtures, structural metal and stamping.

.056 The manufacture of machinery including engines; turbines; farm machinery and equipment; construction, mining and materials handling equipment; machine tools and dies; and special and general industrial equipment.

.057 The manufacture of electrical machinery including transmission and distribution equipment, and industrial apparatus.

.058 The manufacture of transportation equipment including automobiles, trucks, buses, airplanes, boat building and repair, railroad equipment, bicycles and motorcycles.

.059 Bulk commodity storage facilities, and truck, rail, vessel and pipeline transshipment terminals and facilities.

.060 Stationary thermal power plants with generating capacity of less than 250,000 kilowatts, floating thermal power plants with generating capacity of less than 50,000 kilowatts, and other power plants utilizing renewable resources from solar, wind or water sources.

.061 Heavy construction contractors.

.062 Public uses and community facilities including police and fire stations, libraries, community centers, recreation facilities and other similar noncommercial uses. (Ord. 91-075, 1991; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 84-38, 1984).

20.68.100 Accessory uses.

.101 Employee recreation facilities and play areas.

.102 Restaurants, cafes and cafeterias operated primarily for the convenience of employees, clients and customers of the district.

.103 Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

.104 When auxiliary to a principally permitted use: electric utility facilities; substations; generating plants, if less than 50 megawatt (MW) net plant capability; gas works; sewage disposal facilities; solid waste landfills and incinerators.

.105 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use.

.106 On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC. (Ord. 89-10, 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.68.150 Conditional uses.

.151 Solid waste disposal facilities and sites of a permanent nature including, but not limited to, landfills, incinerators, and transfer stations, excluding sewage sludge permitted by the Whatcom County department of public health in accordance with WAC 173-304-300; provided that the hearing examiner determines that the proposed facility or site meets the following conditions;

(1) The facility or site will not be located within any area identified in an adopted critical areas ordinance or 100-year floodplain unless outside of the floodplain and at least three feet in elevation higher than the floodway elevation;

(2) Filling or excavation, structures, or non-mobile machinery for all facilities except inert, demolition, and wood waste landfills will not be located within 1,000 feet of any zone district other than Agriculture or Industrial Zoning Districts, nor any public park, recreation area, wildlife refuge, archaeological and historic areas, shoreline under the jurisdiction of the Shoreline Management Program, unless temporary and of less than 12 months duration; structures used for offices, storage areas for equipment, and weigh scales may be located within 1,000 feet, but no closer than 100 feet or the district setbacks, whichever is greater, if impacts on the adjoining use are shown to be in keeping with the existing and permitted uses in the area;

(3) Inert, demolition, and wood waste landfills will not have any filling or excavation areas, structures, or machinery located within 500 feet of any zone district other than Agriculture or Industrial Zoning Districts, nor any public park, recreation area, wildlife refuge, archaeological and historic areas, shoreline under the jurisdiction of the Shoreline Management Program, unless temporary and of less than 12 months duration; structures used for offices, storage areas for equipment, and weigh scales may be located within 1,000 feet, but no closer than 100 feet or the district setbacks, whichever is greater, if impacts on the adjoining use are shown to be in keeping with the existing and permitted uses in the area;

(4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any county or state road right-of-way;

(5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic, will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use is shown to be intermittent and easily delayed until emergency conditions have passed;

(6) The facility or site has complied with the provisions of WCC 20.84.200 and all other ordinances and laws regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state and federal regulations concerning solid waste facilities and sites;

(7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173-304 WAC, and the closure plan includes:

(a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular activity, with seeding to be accomplished annually but no later than September 30th; and

(b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is covered through the financial assurance for post-closure activities.

(8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements of WCC 20.80.300 (Landscaping);

.152 Uses allowed in the Light Impact Industrial zone as permitted uses, WCC 20.66.100, subject to the following:

(1) A finding by the hearing examiner that allowing the use will not limit the supply of land available to meet the demand for future heavy industrial uses.

(2) Filing of a deed restriction acknowledging that heavy industrial uses are the preferred uses in the zone and agreeing not to protest proposed heavy industrial uses allowed in the zone in accordance with Chapter 20.68 WCC, and to refrain from legal action against any heavy industrial use in compliance with the regulations of WCC Title 20 and any conditions of approval which might have been proposed.

.153 Transitory solid waste facilities for treatment, storage, or collection including, but not limited to: recycle centers and drop boxes for household materials excluding large items such as automobiles or major appliances; noncommercial composting and mulching facilities; and including but not limited to the type of facilities operated by neighborhood or public service organizations.

.154 Treatment and storage facilities for hazardous wastes subject to the following:

(1) The eight criteria for a conditional use listed under WCC 20.84.200.

(2) The most current state siting criteria under Chapter 173-303 WAC.

(3) It shall be the responsibility of the applicant to document to the satisfaction of the approving body the anticipated sources, types, volumes and final disposition of hazardous wastes to be collected and the type of treatments associated with those wastes. The permit shall be limited exclusively to those types of wastes and treatments as documented and approved.

(4) Total off-site facility capacity shall be limited to that needed to treat and store wastes generated within Whatcom County by generators requiring off-site management of hazardous wastes; provided, however, waste streams may be sourced from other jurisdictions through interagency zone designation agreements as approved by the county council, not to exceed 10 percent of the total local hazardous waste stream.

(5) Prior to occupancy of the facility, the State Department of Ecology shall certify to the county that the facility has been constructed consistent with state requirements.

(6) As a condition of approval, the applicant shall be required to keep and maintain accurate and current records of the types, amounts, sources, and final disposition of hazardous wastes collected. The applicant shall provide such records annually to the county, or sooner upon county request. If the facility is found to be exceeding the waste stream limitations or permit restrictions, the county staff shall so report to the approving body who shall have the authority to revoke the permit, following a public hearing, if the limitation has been exceeded absent an emergency situation. Any emergency must be documented by county staff.

(7) Annual inspections of the facility shall be a minimum requirement. The applicant shall be required to forward copies of all facility inspection reports to the county. If deficiencies are found, the operator shall, within 15 days, submit to the county for approval an implementation schedule of corrective measures. Such schedule shall include specific completion dates and inspection reporting procedures.

If the state does not inspect the facility within the year, the applicant shall be required to arrange and bear all costs for an inspection by a qualified and independent inspection agency satisfactory to the county.

(8) Should the facility be found to consistently operate in a manner unsatisfactory to the county in regard to the public health and safety, the permit may be revoked by the approving body following a public hearing. (Ord. 91-075, 1991; Ord. 91-013, 1991; Ord. 88-76, 1988).

20.68.200 Prohibited uses.

.201 All other uses.

.202 In the urban fringe subarea the following uses are prohibited: petroleum refinery and the manufacturing of products thereof, manufacturing and processing of rubber, plastics, chemical, paper, asbestos and products derived thereof; and primary metal industries. (Ord. 91-075, 1991).

WHATCOM COUNTY GENERAL COMMERCIAL ZONE (GC)

20.62.050 Permitted uses.

Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 20.84 WCC (Variances, Conditional Uses and Appeals), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program.

.051 Automobile, motorcycle, marine and farm implement sales, repair and service; provided that all repair services are conducted within an enclosed building.

.052 Automobile service stations, car washes and public garages.

.053 Mobile home and recreational vehicle sales.

.054 Eating and drinking establishments.

.055 Rental agencies.

.056 Indoor commercial recreation facilities limited to bowling alleys, skating rinks, indoor theaters and physical fitness centers.

.057 Passenger terminal facilities.

.058 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.

.059 Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music and pet stores.

.060 Printing and publishing establishments.

.061 Public utilities.

.062 Rental storage establishments.

.063 Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses.

.064 Hotels and motels.

.065 One single-family dwelling per lot of record subject to:

(1) Health department requirements regarding soil type and water supply.

(2) Height regulations, lot coverage, open space, development standards and performance standards shall be in accordance with the provisions of Chapter 20.20 WCC; except that side and rear yard setbacks

shall be 10 feet from vacant, adjacent, commercially zoned properties.

(3) A deed restriction recorded with the Whatcom County auditor is attached to the lot(s) at the time of building permit issuance stating that the dwelling(s) is located in a General Commercial zone and buyers should be aware that commercial uses will be allowed on surrounding parcels and owners have no grounds for protest.

.066 Duplexes and multifamily dwellings not to exceed 18 units per acre subject to:

(1) Availability of adequate public sewer, or water, and appropriate storm drainage;

(2) The maximum number of units shall be determined by the health department based on soil type and water supply;

(3) Provision of adequate right-of-way and street improvements to bring adjacent roadways up to necessary standards;

(4) Height regulations, lot coverage, open space, development standards and performance standards shall be in accordance with the provisions of Chapter 20.22 WCC;

(5) Site plan review shall be done by the technical review committee to ensure compliance with the intent of the general development standards in WCC 20.62.650. Four or less units per acre are exempt from this requirement.

(6) A deed restriction recorded with the Whatcom County auditor is attached to the lot(s) at the time of building permit issuance stating that the dwelling(s) is located in a General Commercial zone and buyers should be aware that commercial uses will be allowed on surrounding parcels and owners have no grounds for protest. (Ord. 96-056 Att. A § M1, 1996; Ord. 94-017, 1994; Ord. 88-53, 1988; Ord. 88-28, 1988; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.62.100 Accessory uses.

.101 One residential unit for owner-manager or caretaker when part of a building in which the primary use is located.

.102 Uses incidental to the primary permitted uses.

.103 On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC. (Ord. 89-10, 1989; Ord. 88-29, 1988).

20.62.150 Conditional uses.

.151 Commercial wholesaling.

.152 Churches and cemeteries.

.153 Amusement parks, outdoor theaters and other outdoor commercial recreation, including golf courses.

.154 Recreational vehicle parks for transient motor homes and tourist trailers.

.155 Animal kennels.

.156 Commercial truck service facilities including truck fueling, repair and storage operations, overnight accommodations and restaurants.

.157 Residences on premises in a commercial structure where any business is conducted other than taverns, restaurants and recreational facilities provided:

(1) All height limits and setback requirements can be met.

(2) The overall residential density does not exceed 12 units per acre. (Ord. 96-056 Att. A § M2, 1996; Ord. 90-41, 1990; Ord. 88-29, 1988; Ord. 82-58, 1982).

[Ord. 2015-11-044 §§ 10 (Exh. H), 11 (Exh. I); Ord. 2010-12-068].

20.00.095 King Mountain neighborhood table of zoning regulations.

KING MOUNTAIN NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential Multi

Planned

2,400 sq. ft per dwelling unit

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Improvement of Kellogg Rd. to full urban collector arterial standard.

 

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

2

Residential Single

Detached, cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 sq. ft. per dwelling unit; up to 4,300 sq. ft. per dwelling unit using cluster bonus provisions in Chapter 18.32 BMC or adopted city TDR program or the “fee-in-lieu-of” option. A property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

An east-west residential access road should be developed in this area.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Improvement of James Street Rd. to full secondary arterial standard.

Dedication and improvement of Cammack Rd. to minimum standard or greater prior to development of property using Cammack for access.

Duplex and multifamily units shall require planned residential development approval under Chapter 20.38 BMC and shall not exceed 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

No more than four single-family attached dwelling units allowed.

 

 

 

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council.

One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

Lots not created by cluster subdivision: 5,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

 

 

Infill housing forms are permitted per Chapter 20.28 BMC.

*The density bonus may exceed 50 percent total maximum under Chapter 18.32 BMC but density shall not exceed 4,300 sq. ft. per dwelling unit.

3

Public

Park

None

 

 

 

4

Public

Park

None

 

 

 

5

Residential Single

Detached, cluster, cluster attached and cluster detached.

Also see Special Regulations.

7,200 sq. ft. per dwelling unit for detached and cluster lots.

Lots not created by cluster subdivision: 6,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Improvement of James Street Rd. to full secondary arterial standard.

Upgrades to the James Street water pump station to serve existing and future lots with fire flow.

Improvement of Montgomery Rd. to a minimum standard residential street or greater prior to development of property using Montgomery for access.

No more than four single-family attached dwelling units allowed.

Cluster bonus provisions in BMC 18.32.050 are not allowed.

6

Residential Single

Detached, cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 sq. ft. per dwelling unit for detached and cluster lots, up to 4,300 sq. ft. per dwelling unit using cluster bonus provisions in Chapter 18.32 BMC or adopted city TDR program or the “fee-in-lieu-of” option. Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Improvement of James Street Rd. to full secondary arterial standard.

Improvement of E. Bakerview Rd. to full primary arterial standard.

Upgrades to the James Street water pump station to serve existing and future lots with fire flow.

Improvement of Montgomery Rd. to a minimum standard residential street or greater prior to development of property using Montgomery for access.

Duplex and multifamily units shall require planned residential development approval under Chapter 20.38 BMC and shall not exceed 25 percent of the total allowed dwelling units for the entire site.

 

 

 

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

Lots not created by cluster subdivision: 5,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

 

 

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

No more than four single-family attached dwelling units allowed.

Infill housing forms are permitted per Chapter 20.28 BMC.

*The density bonus may exceed 50 percent total maximum under Chapter 18.32 BMC but density shall not exceed 4,300 sq. ft. per dwelling unit.

7

Residential Single

Detached, cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 sq. ft. per dwelling unit for detached and cluster lots, up to 4,300 sq. ft. per dwelling unit using cluster bonus provisions in Chapter 18.32 BMC or adopted city TDR program or the “fee-in-lieu-of” option. Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Dedication and improvement of James Street Rd. to full secondary arterial standard.

Improvement of East Bakerview Rd. to full primary arterial standard.

Dedication and improvement of Cammack Rd. to minimum standard or greater prior to development of property using Cammack for access.

Duplex and multifamily units shall require planned residential development approval under Chapter 20.38 BMC and shall not exceed 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

No more than four single-family attached dwelling units allowed.

Infill housing forms are permitted per Chapter 20.28 BMC.

*The density bonus may exceed 50 percent total maximum under Chapter 18.32 BMC but density shall not exceed 4,300 sq. ft. per dwelling unit.

 

 

 

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

Lots not created by cluster subdivision: 5,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

 

 

8

Residential Multi

Planned

4,300 sq. ft. per dwelling unit; up to 1,800 sq. ft. per dwelling unit using density bonus provisions, adopted city TDR program or the “fee-in-lieu-of” option.

Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Improvement of East Bakerview Rd. to full primary arterial standard.

Dedication and improvement of Cammack Rd. to minimum standard or greater prior to development of property using Cammack for access.

Dedication and improvement of Prince Ave. as a residential street connecting to Cammack.

Development may exceed the 50 percent limitation pursuant to Chapter 18.32 BMC provided the overall density does not exceed 1,800 sq. ft. per dwelling unit.

 

 

 

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

 

 

9

Residential Multi

Planned

4,300 sq. ft. per dwelling unit; up to 1,800 sq. ft. per dwelling unit using density bonus provisions, adopted city TDR program or the “fee-in-lieu-of” option.

Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Improvement of E. Bakerview Rd. to full primary arterial standard.

Improvement of Telegraph Rd. to full collector arterial standard.

Development may exceed the 50 percent limitation pursuant to Chapter 18.32 BMC provided the overall density does not exceed 1,800 sq. ft. per dwelling unit.

 

 

 

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

 

 

 

 

 

 

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

 

 

10

Residential Multi

Planned

4,300 sq. ft. per dwelling unit; up to 1,800 sq. ft. per dwelling unit using density bonus provisions, adopted city TDR program or the “fee-in-lieu-of” option.

Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Improvement of James Street Rd. to full secondary arterial standard.

Improvement of East Bakerview Rd. to full primary arterial standard.

Improvement of Telegraph Rd. to full collector arterial standard.

*Development may exceed the 50 percent limitation pursuant to Chapter 18.32 BMC provided the overall density does not exceed 1,800 sq. ft. per dwelling unit.

 

 

 

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

 

 

 

 

 

 

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

 

 

11

Residential Single

Detached: cluster, cluster attached, and cluster detached.

Also see Special Regulations.

7,200 sq. ft. per dwelling unit for detached and cluster lots.

Lots not created by cluster subdivision: 6,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

In addition to arterial streets, provide local pedestrian and vehicular access between adjacent developments.

Limit access points on arterial streets. Shared access is encouraged.

Provide public trails as indicated in the North Bellingham Trail plan with connections to existing city trail systems and new residential developments.

Improvement of James Street Rd. to full secondary arterial standard.

Improvement of Telegraph Rd. to full collector arterial standard.

No more than four single-family attached dwelling units allowed.

Cluster bonus provisions in BMC 18.32.050 are not allowed.

12

Residential Single

Detached, cluster, cluster attached and cluster detached; mixed: limited duplex and multifamily (see Special Regulations)

7,200 sq. ft. per dwelling unit for detached and cluster lots, up to 4,300 sq. ft. per dwelling unit using cluster bonus provisions in the Chapter 18.32 BMC or adopted city TDR program or the “fee-in-lieu-of” option.

Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

Provide public trails as indicated in the Bellingham comprehensive plan.

Improvement of Iron Gate Rd. to full secondary arterial standards.

Improvement of Montgomery Rd. to a collector arterial standard residential street or greater prior to development of property using Montgomery Rd. for access.

Sewer mains will need to be extended to provide service. Upgrades to the James Street Sewer Pump Station to serve existing and future lots may be required.

Water mains will need to be extended to provide service, additional water main connections may be required to Hannegan Rd.

Duplex and multifamily units shall require planned residential development approval under Chapter 20.38 BMC and shall not exceed 25 percent of the total allowed dwelling units for the entire site.

Duplex and multifamily building permits shall not be issued until at least 50 percent of the single-family or infill housing units have been constructed on site, except the director may waive this requirement; provided, that the duplex and multifamily housing is abutting or across the street right-of-way from a nonresidential single zone for the purpose of providing a transition area between zoning districts.

No more than four single-family attached dwelling units allowed.

Infill housing forms are permitted per Chapter 20.28 BMC.

*The density bonus may exceed the 50 percent total maximum under Chapter 18.32 BMC but density shall not exceed 4,300 sq. ft. per dwelling unit.

 

 

 

An applicant’s submittal for land use review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

Lots not created by cluster subdivision: 5,000 sq. ft. minimum detached lot size and a maximum density of 7,200 sq. ft. per unit.

 

 

13

Residential Multi

Planned

4,300 sq. ft. per dwelling unit; up to 1,800 sq. ft. per dwelling unit using density bonus provisions, adopted city TDR program, or the “fee-in-lieu-of” option whereby a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).*

Multimodal transportation concurrency evaluation required.

Traffic study required according to public works design guidelines.

Limit driveway and side street access points on arterial streets. Shared access is encouraged.

Improvement of James Street to full secondary arterial standard. (New alignment from current terminus to Van Wyck/Thomas Rd.; ROW dedication and three-fourths abutting improvements required.)

Development may exceed the 50% limitation pursuant to Chapter 18.32 BMC provided the overall density does not exceed 1,800 sq. ft. per dwelling unit.

A portion of Area 13 is subject to Concomitant Agreement No. 2009‑0459 requiring a master plan and implementing development regulations approved by the city.

 

 

 

The fee for density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

 

 

 

 

 

 

An applicant’s submittal for planned development shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

 

14

Residential Single

Detached, cluster attached

7,200 sq. ft. min. detached lot size.

1 lot per 7,200 sq. ft. overall cluster density.

Floodplain; floodway; shoreline; wetlands; clearing; buffer freeway.

A sanitary sewer pump station or trunk line should be constructed prior to development.

See neighborhood plan text for Area 1.

14A

Residential Multi

Planned, Mixed, Neighborhood Commercial Uses allowed. Retail and personal services not to exceed 10,000 sq. ft. of total floor area within Area 14A.

Shall be limited to the equivalent of 1 residential unit per 3,600 sq. ft. of gross site area within Area 14A prior to any dedication of land for public purposes.

Buffering/screening of I-5 from adjacent single-family designations required. Primary access at the Orchard Drive/James Street intersection.

Dedication and construction of Orchard Drive in a plan approved by the city.

Dedication and construction of a north/south public trail through the site along the western portion of Area 14A with a connection to the Bay to Baker Trail in a location approved by the Parks and Recreation Department.

No minimum lot size, no public street frontage required for individual lots, reduced yard setbacks permitted, no maximum lot coverage requirement, street standards may be reduced. Actual standards shall be established through the planned development process.

Medical offices and medical related uses are exempt from the commercial density limitations provided Orchard Street Extension is dedicated and constructed to arterial standards as a through road, the medical uses comprise no more than 12 acres of the site fronting Orchard Drive, and the medical uses are planned as a campus.

15

Residential Single/
Multi

Planned

*See Special Regulations

Protection of Baker Creek

Building and parking setbacks on East Bakerview shall meet minimum planned development requirements

*The density would allow from four to 10 units/acre (10,000 sq. ft. min. detached lot size or four units/acre), plus a multifamily component not to comprise more than 25 percent of the total dwelling units allowed for property over two acres. Conditional uses may be considered through the planned development process.

Density bonuses, achieved through incorporation of performance criteria for cluster development in the Bellingham Subdivision Ordinance and transfer of development rights can be used to increase the number of units to 10 per acre, or 4,356 sq. ft. per unit.

To use the TDR density bonus, a property owner can purchase development rights from a Lake Whatcom watershed land owner or use the “fee-in-lieu-of” option. Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).

[Ord. 2017-09-023 § 3 (Exh. C); Ord. 2013-12-083 § 2 (Exh. A); Ord. 2013-04-026 § 2 (Exh. B); Ord. 2011-03-011; Ord. 2010-12-068; Ord. 2009-08-055; Ord. 2009-08-054; Ord. 2009-06-037; Ord. 2008-12-106].

20.00.100 Lettered streets neighborhood table of zoning regulations.

LETTERED STREETS NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Residential Single

Detached

5,000 sq. ft. minimum detached lot size.

Historic; setback reductions with conditions as stated under Special Regulations.

None

The following setback requirements shall apply to homes with historic features. Front yard setbacks may be reduced to 40 feet from the centerline of the street or 10 feet from the property line (whichever is greater). Side and rear yard setbacks may be reduced to the minimum allowed by the building code.

2

Urban Village

Fountain district

See BMC 20.37.200, Fountain district urban village

None

None

None

3

Residential Single

Detached

5,000 sq. ft. minimum detached lot size.

Historic; setback reductions with conditions as stated under Special Regulations;

None

The following setback requirements shall apply to homes with historic features. Front yard setbacks may be reduced to 40 feet from the centerline of the street or 10 feet from the property line (whichever is greater). Side and rear yard setbacks may be reduced to the minimum allowed by the building code; development that does not confirm to the zoning and is damaged or destroyed by any cause may be reconstructed. The degree of nonconformity existing immediately prior to the damage may not be expanded upon reconstruction. An application for a building permit to rebuild or repair the nonconforming improvement must be made within 12 months or the nonconformance shall be considered terminated and shall not be resumed.

3A

Residential Multi

Multiple

6,000 sq. ft. for duplex. 2,500 sq. ft. per unit for multiple of three units or more, eight units per structure maximum or 1,500 sq. ft. per unit planned.

Conversions on lot of record to duplex; historic; setback reductions with conditions as stated under Special Regulations; design criteria for multifamily housing of two units or more as specified in the land use and development code.

None

The following setback requirements shall apply to homes with historic features. Front setbacks may be reduced to 40 feet from the centerline of the street or 10 feet from the property line (whichever is greater). Side and rear yard setbacks may be reduced to the minimum allowed by the building code.

4

Public

Housing, public

N/A

None

None

None

6

Public

Park

N/A

None

None

None

7

Public

School/recreation

N/A

Historic

None

None

8

Residential Multi

Multiple, mixed (offices allowed)

1,500 sq. ft. per unit for residential

Screen at time of development for property abutting Halleck St. between A and B Sts.; steep slopes; view on properties facing or SW of Holly St.; design criteria for office and multifamily housing of two units or more; historic.

None

 

9

Residential Single

Detached

5,000 sq. ft. minimum detached lot size.

Historic; setback reductions with conditions as stated under Special Regulations.

None

The following setback requirements shall apply to homes with historic features. Front setbacks may be reduced to 40 ft. from the centerline of the street or 10 ft. from the property line (whichever is greater). Side and rear yard setbacks may be reduced to the minimum allowed by the building code. Development that does not conform to the zoning and is damaged or destroyed by any cause may be reconstructed. The degree of nonconformity existing immediately prior to the damage may not be expanded upon reconstruction. An application for a building permit to rebuild or repair the nonconforming improvement must be made within 12 months or the nonconformance shall be considered terminated and shall not be resumed.

10

Commercial

N/A

N/A

N/A

None

Development shall comply with all standards in BMC 20.35.055 through 20.35.085, old town overlay district.

12

Repealed by Ord. 2014-09-049.

13

Repealed by Ord. 2014-09-049.

14

Residential Multi

Multiple, mixed (offices allowed)

None specified

Historic; conversions on lots of record to duplex permitted; office uses permitted on properties fronting “F” St. and Dupont Street; usable space fee option; design criteria for offices and multifamily housing of two units or more.

None

None

15

Repealed by Ord. 2014-09-049.

16

Urban Village

Downtown district

See BMC 20.37.500 through 20.37.560, downtown district urban village

Shoreline

None

None

[Ord. 2014-09-049 §§ 18, 19 (Exh. D); Ord. 2014-04-022 § 2 (Exh. A); Ord. 2010-10-057; Ord. 2008-12-111; Ord. 2008-03-022; Ord. 2004-12-087].

20.00.110 Meridian neighborhood table of zoning regulations.

MERIDIAN NEIGHBORHOOD ZONING MAP

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

1

Industrial

Planned (uses limited to those in Whatcom County’s light impact industrial zone as of April 1996, and shown in Attachment 1). Heavy industrial uses are not allowed. Adult entertainment uses are prohibited in this area.

N/A

Access; internal circulation; wetlands; buffers separating industrial from residential uses.

Sign No Protest LID Agreement for possible future improvements to Pacific Highway; contiguous road from Northwest to Pacific Highway generally along the northern boundary of Area 1 (extension of Division Rd. unimproved). Evaluation of development proposals for compatibility with airport operations. Preservation of existing natural drainage ways and wetlands. Mitigation of stormwater impacts from development.

General water system improvements will be made by the city to provide the pressure and volume necessary for full development density. Properties abutting on a city owned water or sewer system must extend that system as condition of development.

See Attachment 1 – Whatcom County LII Zoning Uses.

1A

Industrial

Planned (uses limited to those in Whatcom County’s light impact industrial zone as of April 1996, and shown in Attachment 1, as well as uses permitted in the city’s planned industrial zone). Heavy industrial uses are not allowed. Adult entertainment uses are prohibited in this area.

N/A

Access; internal circulation; wetlands; buffers separating industrial from residential uses.

Sign No Protest LID Agreement for possible future improvements to Pacific Highway and I-5; construction of a contiguous road from Northwest to Pacific Highway generally along the northern boundary of Area 1, 1A, 2, and 5 (extension of Mahogany Avenue unimproved). Evaluation of development proposals for compatibility with airport operations.

Properties abutting on a city owned water or sewer system must extend that system as condition of development.

See Attachment 1 – Whatcom County LII Zoning Uses.

ATTACHMENT 1 TO MERIDIAN ZONING CODE – AREA 1

Whatcom County Light Impact Industrial Zone (Chapter 20.66 WCC) April 1996

User Note: References to any section of the Whatcom County Code (WCC) are subject to interpretation and adaptation to city of Bellingham regulations and procedures as determined by the city of Bellingham planning director.

PERMITTED USES:

Fabrication of: office machines; furniture; paper products; leather products; glass products; instruments such as watches; surgical and scientific products; electrical equipment; and rubber and plastic products

Manufacture and fabrication of jewelry, silverware, toys, etc.

Manufacture, processing, treatment of metal products and machinery

Manufacture, processing, treatment and fabrication of lumber and campers

Manufacture of glass, pottery, and shaping of stone products; bottling plants

Processing and packaging of drug, pharmaceutical, perfumes, cosmetics

Boat building and repair

Printing, publishing and book binding

Bottling plants

Rail, truck, and freight terminals and related services

Wholesale trade or storage

Business firm headquarters and professional offices

Construction contractors’ offices and yards

Building material yards

Communications including broadcasting and transmitting towers

Eating establishments, convenience grocery stores and gas stations primarily for employees and customers of the LII district; and public uses and community facilities

Churches

ACCESSORY USES:

Employee recreation and play areas

Temporary buildings for construction purposes

Testing and experimentation in connection with a permitted use

Retail sales of merchandise manufactured, assembled or stored on the site

On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses

CONDITIONAL USES:

Manufacture of hydraulic cement, plaster products, and nonmetallic mineral products

Manufacture of sands

Collection, transfer, repacking, cutting and grading of food and beverage products

Repair sales and accessory sales for motor vehicles, boats and farm implements

Solid waste facilities

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

2

Residential Single

Planned, mixed

Up to four units per acre or 10,000 square feet minimum detached lot size. Density bonuses achieved through incorporation of certain design features (see Attachment 2) can be used to increase the number of single-family dwelling units to seven units per acre.

Transfer of development rights (TDRs) can also be used to increase the number of units from seven to 10 units per acre.

To use the TDR density bonus, a property owner can purchase development rights from a Lake Whatcom watershed land owner or use the “fee-in-lieu-of” option. Under the fee-in-lieu-of option, a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed property acquisition program (LWWPAP).

The fee for a density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

An applicant’s submittal for planned development review shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

Mixed uses shall be subject to and consistent with city adoption of an urban/mixed residential zoning district; and may include cluster attached/detached (one lot/10,000 sq. ft. overall cluster density), and multifamily units (one unit/3,600 sq. ft.)

Density bonuses achieved through incorporation of certain design features (see Attachment 2) can be used to increase the number of multifamily units to 18 or 2,500 sq. ft./unit.

Transfer of development rights, or payment of “fees in lieu of” as described above, can also be used to increase the number of units to 24 or 1,800 sq. ft. per unit.

Access, spacing of curb cuts along Northwest Ave; drainage; wetlands; buffers

 

See Attachment 2 – Area 2 Density Bonus Criteria

ATTACHMENT 2 TO MERIDIAN ZONING CODE – AREA 2

Density Bonus Criteria (Design Features)

Minimum Performance Criteria

For all single-family development (detached and attached) and multifamily development, the following performance criteria should be required:

1. The proposed design addresses any environmental limitations identified in neighborhood planning areas, including wetlands, steep slopes, water courses, views, etc.;

2. The proposed design is compatible with the existing topography, and locates development to preserve valuable natural amenities such as isolated mature trees, wooded areas, scenic views, water courses, wetlands, and indigenous plants or animal habitats;

3. Physical and visual links between existing parks and other public open spaces are developed using drainage courses, creeks, greenways, ravines, shorelines, hillsides, and wooded areas whenever possible.

Bonuses (Design Features)

Density bonuses (design features) can be used to increase the number of single-family dwelling units from four units per acre, or approximately 10,000 sq. ft. per unit, to seven units per acre, or approximately 6,200 sq. ft. per unit. Transfers of development rights (TDRs) could also be used to increase the number of units from seven to 10 units per acre, or approximately 4,300 sq. ft. per unit.

Bonuses can also be used to increase the number of multifamily from 12 or approximately 3,600 sq. ft. per unit to 18 units per acre or 2,500 sq. ft. per unit. To increase the number of units from 18 to 24 units or approximately 1,800 sq. ft. per unit, TDRs would be needed.

The following bonuses are allowed in the UR-MX ordinance for Bellingham’s urban growth area (UGA) and would be allowed for increase in density in Area 4, Meridian neighborhood:

1. Provision of common open space that will serve the needs of the development’s residents and would include such facilities as play areas with equipment, basketball courts, handball courts, ball fields, tennis courts or swimming pools. Usable open space on the roof of a building may qualify as improved open space.

2. Provision for the preservation or restoration of historically or architecturally significant structures. The burden of designation of such structures or features as significant shall be upon the applicant. Final determination as to significance shall be made by the planning director.

3. Provision of innovative techniques such as zero lot lines, full use of alleys throughout the development, provision of design guidelines, etc.

4. Provision of housing accessible to families with household incomes which do not exceed 80 percent of median income in Bellingham as determined by HUD.

Not more than 25 percent of any overall development which takes advantage of this provision may be in housing units serving households with incomes below 80 percent of median income.

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

3

Industrial/
Commercial

Planned, mixed, uses listed in Attachment 4 are allowed, as well as uses permitted in the city’s planned industrial and planned commercial zones. (Attachment 5).

(Attachment 4 is intended to include all uses allowed in Whatcom County’s gateway industrial zone as of April 1996.) Heavy industrial uses are not allowed. Adult entertainment uses are prohibited in this area.

N/A

Internal circulation; preservation of mature trees and vegetation whenever possible; required yards may be reduced to achieve pedestrian orientation; landscaping buffer between industrial/commercial and residential uses.

Contiguous road from Dover St. to Pacific Highway.

Development standards

1. The building masses, open spaces around them, landscaping, and signage are integrated in a manner that recognizes the area’s visibility from I-5.

2. Portals, service loading areas, automobile access points, exterior public activity locations, parking areas and similar features are located in a manner that both maximizes the efficient use of these facilities and recognizes and addresses the development’s visibility from Interstate 5, Bakerview and Northwest Ave.

See design standards for Areas 3, 4, 5, 6, 7, and 8.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

4

Commercial

Planned, residential units and mixed-use buildings are encouraged.

RM 2,500 may increase to RM 1,500 through density bonus menu.

Residential above commercial is not counted against residential density.

Internal circulation

Preservation of mature trees and vegetation whenever possible; required yards may be reduced to achieve pedestrian orientation; landscaping buffer between industrial/commercial and residential uses.

Utilities

Evaluation of development proposals for compatibility with airport operations, and for impacts on the I-5 corridor, and on the I‑5/West Bakerview and I-5/Northwest interchanges.

See Attachments 2 and 3 – Residential Density Bonus System for Area 4.

See design standards for Areas 3, 4, 5, 6, 7, and 8.

ATTACHMENT 3 TO MERIDIAN ZONING CODE – Area 4

Residential Density Bonus System

RM2000 (21 UNITS/ACRE)

In addition to the standard design guidelines in the neighborhood plan, the project must include two of the following:

1. More than two building types.

2. Provide a covered parking to unit ratio of at least 1:2 but not more than 1:1. Garages and carports must be integrated with the building design, using similar materials, colors and design elements.

3. Provide at least 35 percent open space.

4. A minimum site area of at least four acres.

RM1500 (29 UNITS/ACRE)

The project should incorporate design features in excess of the amount required at the RM2000 density level and exhibit a high degree of conformance with the goals and policies of Visions for Bellingham and the comprehensive plan. The site area must contain at least four acres or the project must receive design review approval from the planning commission. To receive planning commission approval, projects must provide equivalent design features but may offer alternative solutions consistent with these goals. Projects not using the planning commission design review process must include two credits from the following in addition to two of the features listed under the RM2000 density:

1. Group Recreational Facilities.

a. A recreational building containing recreational facilities such as sport courts, kitchen and assembly area, spa, pool or other similar features. The recreational portion of the building should be proportional to the number of units at 10 square feet per unit (one credit).

b. A tot lot or play yard with playground equipment (one-half credit).

c. Swimming pool (one credit).

d. Outdoor sport court (half a regulation basketball court or a regulation tennis court (one credit).

e. Other recreational facilities determined to be equivalent to those listed.

2. A significant portion of the site abutting and oriented to a private or public open space protected by covenant, easement or public ownership. (0.5 credit for some use of this provision, one credit for significant use of this provision, or two credits for dedication of space to the public.)

3. At least 80 square feet of private useable space provided for ground floor units. The space shall be screened from view from abutting yards and windows by fences, walls or trellises. Permanent landscaping shall be included to supplement the screen or provide screening from upper stories, but the primary screening materials shall be permanent structures. Each space should have some solar access (north sides of buildings are discouraged) and a ground surfacing suitable for patio furniture. (0.5 credits for at least 50 percent of the ground floor units and one credit for all ground floor units.)

4. Use of transferable development rights based on a city adopted program. (Variable credit to be determined based on features of a city adopted program.)

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

5

Industrial/
Commercial

Planned, mixed, uses listed in Attachment 4 are allowed, as well as uses permitted in the city’s planned industrial and planned commercial zones (Attachment 5). (Attachment 4 is intended to include all uses allowed in Whatcom County’s gateway industrial zone as of April 1996.) Heavy industrial uses are not allowed. Adult entertainment uses are prohibited in this area.

N/A

Internal circulation; access; preservation of mature trees and vegetation whenever possible; required yards may be reduced to achieve pedestrian orientation; landscaping buffer between industrial/commercial and residential.

Utilities; contiguous road from Dover St. to Pacific Highway.

Development standards

a. The building masses, open spaces around them, landscaping, and signage are integrated in a manner that recognizes the area’s visibility from I‑5.

b. Portals, service loading areas, automobile access points, exterior public activity locations, parking areas and similar features are located in a manner that both maximizes the efficient use of these facilities and recognizes and addresses the development’s visibility from I-5, Bakerview, and Northwest Ave.

c. Individual developments are designed to accommodate additional development on adjacent property in an integrated manner.

See design standards for Areas 3, 4, 5, 6, 7, and 8.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

ATTACHMENT 4 TO MERIDIAN ZONING CODE – Areas 3 and 5

Whatcom County Gateway Industrial Zone (Chapter 20.65 WCC) April 1996

User Note: References to any section of the Whatcom County Code (WCC) are subject to interpretation and adaptation to city of Bellingham regulations and procedures as determined by the city of Bellingham planning director.

PERMITTED USES:

– Office buildings;

– Business firm headquarters;

– Professional offices;

– Hotels, motels;

– Custom brokerage houses;

– Freight terminals;

– Indoor warehousing and storage;

– Parcel delivery service;

– Freight forwarding, inspection weighing services;

– Indoor packaging and crating;

– Wholesale trade or sales of industrial equipment;

– Light impact industrial uses related to services, distribution, manufacture and assembly of finished products contained within buildings, and do not require an EIS;

– Tourist commercial uses listed in WCC 20.63.050 through 20.63.062, 20.63.101, and 20.63.151 through 20.63.154;

– Uses permitted and conditionally permitted in the neighborhood commercial zone district as listed in WCC 20.60.050 through 20.63.153 that are not dependent upon attracting freeway motorists;

– Agriculture, commercial horticulture, tree farming, excluding intensive animal husbandry, and public uses necessary in the gateway industrial district.

ACCESSORY USES:

– Employee recreation facilities;

– Temporary buildings for construction purposes;

– Screened outdoor storage;

– Retail sales and repair of merchandise manufactured, assembled, or stored on the site;

– Security and caretaker residences;

– Treatment and storage of hazardous wastes associated with permitted uses.

ATTACHMENT 5 TO MERIDIAN ZONING CODE – Areas 3 and 5

PLANNED COMMERCIAL.

(1) For all land designated commercial, the following standards shall apply:

(2) Range of Uses Possible. Any of the following uses may be permitted in a planned proposal within a commercial general use type designation; provided that any of such uses shall not be permitted where prohibited within the applicable neighborhood plans. Certain uses may also be excluded from a particular planned area by the commission if such use(s) are found to be incompatible with the surrounding area or unsuitable to the particular site. The final decision shall set forth the uses permitted for the subject property.

Range of Uses

(1) Retail facilities of all kinds except 1 and 2 below:

a. Heavy farm and/or construction equipment sales;

b. Feed, grain and/or farm supply sales.

(2) Branch; post office, banks, financial institutions and libraries (including drive-through financial facilities).

(3) Offices of all kinds.

(4) Personal service facilities, such as:

a. Barber and beauty shops;

b. Consumer credit agencies;

c. Laundry and dry cleaning establishments;

d. Computer data service;

e. Small animal care shops (keeping of three or fewer animals overnight is permitted as an accessory use if animals are kept in an enclosed structure).

(5) Commercial recreation facilities.

(6) Eating and/or drinking establishments.

(7) Repair shops for small equipment and items.

(8) Public uses and facilities when similar in nature to other permitted uses.

(9) Private clubs and lodges.

(10) Vocational and trade schools.

(11) Motels.

(12) Public utilities, exclusive of storage yards.

(13) Service stations for automobiles.

a. Complete minor auto repairs are permitted; however, engine overhaul, body and fender work, tire recapping and vehicle sales are prohibited.

(14) Publicly owned parks and playgrounds.

(15) Day care.

(16) Apartments in conjunction with other permitted uses.

(17) Neighborhood clubs and activity centers.

(18) Mini storage facilities which deal in the warehousing of personal residential goods.

(19) Warehousing and wholesaling of products, in conjunction with retail sales of the same product, offices and other nonretail permitted uses.

(20) Bed and breakfast facilities (subject to the standards found in BMC 20.34.040(F)).

(21) Mixed uses if specifically listed in the neighborhood land use plan.

(22) Any conditional use permitted in the commercial chapter for a neighborhood use qualifier.

(23) Adult entertainment uses shall be prohibited in the planned commercial district.

PLANNED INDUSTRIAL.

(1) For all land designated industrial, the following standards shall apply.

(2) Range of uses possible. (9173) Any of the following uses may be permitted in a planned proposal within an industrial general use type designation; provided, that any of such uses shall not be permitted where prohibited within the applicable neighborhood plan. Certain uses may also be excluded from a particular planned industrial area by the commission if such use(s) are found to be incompatible with the surrounding area or unsuitable to the particular site. The final decision shall set forth the uses permitted for the subject property.

Range of Uses

(1) Warehousing and wholesaling of the following goods:

a. Motor vehicle and automotive parts and supplies exclusive of automotive wrecking and junk yards;

b. Furniture and home furnishings;

c. Lumber and other construction material;

d. Sporting, recreational, photographic, hobby goods, and toys and supplies;

e. Electrical goods;

f. Hardware, and plumbing and heating equipment and supplies;

g. Machinery, equipment and supplies;

h. Paper and paper products;

i. Drugs, drug proprietaries and druggists’ sundries;

j. Apparel, piece goods and notions;

k. Groceries and related products;

l. Beer, wine and distilled alcoholic beverages;

m. Miscellaneous nondurable goods, which do not constitute a fire, explosion or safety hazard.

(2) Manufacturing and assembly of the following products:

a. Dairy products;

b. Canned and preserved fruits and vegetables;

c. Bakery products;

d. Apparel and other products made from fabrics and similar material;

e. Furniture and fixtures;

f. Printing, publishing and allied industries;

g. Electrical and electronic machinery, equipment and supplies;

h. Measuring, analyzing and controlling instruments; photographic, medical and optical goods; watches and clocks;

i. Miscellaneous manufacturing industries which do not constitute a fire, explosion or safety hazard.

(3) Retail trade limited to the following:

a. Building materials, hardware, garden supply and mobile home dealers;

b. Automotive dealers and gasoline service stations;

c. Furniture, home furnishing and equipment stores;

d. Eating and drinking places;

e. Liquor stores;

f. Used merchandise stores;

g. Miscellaneous shopping goods stores;

h. Nonstore retailers;

i. Fuel and ice dealers, except fuel oil dealers and bottled gas dealers;

j. Other retail sales similar to the above.

(4) Service establishments dealing with the following:

a. Personal services (such as beauty and barber shops, shoe repair shops and laundry facilities);

b. Business services (such as advertising agencies, collection agencies, janitorial services, computer service and consulting);

c. Automotive repair, services and garages;

d. Miscellaneous repair services (such as radio, TV, watch, clock, and furniture repair);

e. Amusement and recreation services, except motion pictures (such as dance halls and bowling alleys);

f. Medical and dental laboratories;

g. Correspondence schools and vocational schools;

h. Membership organizations;

i. Small animal care shops (keeping of three or fewer animals overnight is permitted as an accessory use if animals are kept in an enclosed area);

j. Miscellaneous services (such as engineering, architectural and survey services);

k. Offices.

(5)  Agricultural nurseries.

(6) Advertising devices.

(7) Veterinary services.

(8) Transportation and public utilities (such as freight operations, terminals, communication services and utility generation and transmission systems).

(9) Construction operations (such as construction offices and storage yards).

(10) Mixed uses, if specifically listed in the neighborhood land use plan.

(11) Hazardous waste treatment and storage facilities upon legislative approval of a site plan and subject to the requirements of BMC 20.16.020(G)(1).

(12) Adult entertainment uses (including adult motion picture theaters) subject to the standards in BMC 20.12.080.

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

6

Commercial

Planned, residential units and mixed use buildings are encouraged

RM 2,500 may increase to RM 1,500 through density bonus.

Internal circulation; preservation of mature trees and vegetation whenever possible; required yards may be reduced to achieve pedestrian orientation, link adjacent developments, or accomplish usable and open space objectives. Landscaping buffer between commercial and residential.

Utilities; contribution of land or fees for neighborhood park and trail system.

See design standards for Areas 3, 4, 5, 6, 7, and 8

Residential above commercial is not counted against residential density.

See Attachment 6 – Residential Density Bonus System menu

7

Residential Multi

Planned

RM 2,500 – may increase to RM 1,500 through density bonus.

Internal circulation; development sensitive to hillside feature; required setbacks may be reduced to achieve pedestrian orientation, link adjacent developments, and consolidate usable and open space.

Utilities; land or fees for neighborhood park and trail system contribution.

See design standards for Areas 3, 4, 5, 6, 7, and 8

See Attachment 6 – Residential Density Bonus System menu

8

Residential Single

Detached; mobile home park allowed (planned permit for expansion). Planned for density above 6,000 on parcel described herein.

6,000 sq. ft. minimum detached lot size. The 3.3 acres vacant parcel (south of Barnes Rd. and north of vacated 3rd St.) adjoining the convalescent center may be developed at greater density (up to RM 2,500) through a planned permit with approval by the planning commission.

None for 6,000 sq. ft. detached lots; contribution to parks/trail system for higher density development.

None

See design standards for Areas 3, 4, 5, 6, 7, and 8

9

Commercial

Planned, residential units allowed; small scale office, 2,500 sq. ft. or less per building.

Minimum planned permit – residential four acres, commercial eight acres. Establish residential density through planned review process; density greater than RM 2,500 will require underground parking or an alternative approved by the planning commission.

Internal and pedestrian circulation; dedication of 10 feet right-of-way along Cordata Pkwy.

Utilities

None

Design Standards for Areas 3, 4, 5, 6, 7, and 8

Mixed Housing Types – each development phase or building group has at least two different building types. (Exceptions may occur for smaller sites where objectives for environmental protection, retention of natural features, site design, or parks/open space are better met with a single building type, such as attached townhouse or multi-story garden apartments.)

Pedestrian connections to adjacent developments.

Natural features incorporated into site plan/development, including retention of significant vegetation and supplemented by planting of trees capable of reaching significant height and canopy, where appropriate.

Buildings arranged around usable open space such as squares, commons, courtyards, plazas.

Surface parking lots are dispersed or broken up by landscaping strips throughout site to avoid the appearance of large paved parking areas; under-building parking is encouraged where economically and physically feasible. Locating parking at the rear or side of the lot is encouraged rather than along the full length of the street front. Shared parking for uses with different peak periods is encouraged.

Building design – pitched roofs with dormers, skylights or other features; repetition with variety rather than monotonous and continuous flat facades; break facade plane at regular intervals; use upper story setbacks at corners or side-yards; articulate entries with canopies, porches or other weather protection forms. Applicable to residential, mixed commercial-residential and town center concepts.

Flexible property line setbacks in commercial and residential to achieve linked developments, pedestrian orientation and usable/open space objectives.

Zero setbacks on public streets or interior service roads encouraged for commercial buildings.

Appropriate buffering between residential and commercial.

Multiple use buildings encouraged (residential and retail or office mix) – Housing provided above commercial use in a planned development will not be considered in residential density calculations.

Signs: Planned residential standards shall apply to residential complexes. Planned commercial standards shall apply to commercial or mixed-use buildings with the following modifications:

•    

Monument signs are permitted up to 120 square feet and 12 feet high; pole signs are not allowed.

•    

Wall-mounted signs are limited to seven percent of the primary building facade with maximum four-foot-high letters; and to three percent of the secondary building facade with maximum two-foot-high letters. (Logos are included in these percentages.)

•    

Parapet walls may not be erected for the sole purpose of extending sign heights and when they are not in character with the rest of the building or complex.

Special Regulations – Attachment 6, Residential Density Bonus System for Areas 6 and 7

RM 2000 (21 UNITS/ACRE)

In addition to the standard design guidelines in this code, the project must include two of the following:

1. More than two building types.

2. Provide a covered parking to unit ratio of at least 1:2 but not more than 1:1. Garages and carports must be integrated with the building design, using similar materials, colors and design elements.

3. Provide at least 35 percent open space.

4. A minimum site area of at least four acres.

RM 1500 (29 UNITS/ACRE)

The project should incorporate design features in excess of the amount required at the RM 2000 density level and exhibit a high degree of conformance with the goals and policies of Visions for Bellingham and the comprehensive plan. The site area must contain at least four acres or the project must receive design review approval from the planning commission. To receive planning commission approval, projects must provide equivalent design features but may offer alternative solutions consistent with these goals. Projects not using the planning commission design review process must include two credits from the following in addition to two of the features listed under the RM 2000 density:

1. Group Recreational Facilities.

a. A recreational building containing recreational facilities such as sport courts, kitchen and assembly area, spa, pool or other similar features. The recreational portion of the building should be proportional to the number of units at 10 square feet per unit (one credit).

b. A tot lot or play yard with playground equipment (one-half credit).

c. Swimming pool (one credit).

d. Outdoor sport court (half a regulation basketball court or a regulation tennis court (one credit)).

e. Other recreational facilities determined to be equivalent to those listed.

2. A significant portion of the site abutting and oriented to a private or public open space protected by covenant, easement or public ownership. (0.5 credit for some use of this provision, one credit for significant use of this provision, or two credits for dedication of space to the public.)

3. At least 80 square feet of private useable space provided for ground floor units. The space shall be screened from view from abutting yards and windows by fences, walls or trellises. Permanent landscaping shall be included to supplement the screen or provide screening from upper stories, but the primary screening materials shall be permanent structures. Each space should have some solar access (north sides of buildings are discouraged) and a ground surfacing suitable for patio furniture. (0.5 credit for at least 50 percent of the ground floor units and one credit for all ground floor units.)

4. Use of transferable development rights based on a city adopted program. (Variable credit to be determined based on features of a city adopted program.)

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

10

Commercial

Planned – Regional Retail Center (subject to the Concomitant Agreement with Res. 34-86 filed under AF 1518797 and 1555668).

See Meridian Commercial District Development Guidelines, Identity, Land Use subsection for a list of prohibited uses.

No max. density

Design guidelines*; internal circulation; stormwater management; fire flow; landscaping; access

None

*See Meridian Commercial District Development Guidelines

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

11

Commercial

Planned

See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

N/A

Access buffer; signs; water distribution design; flood; design guidelines*

None

*See Meridian Commercial District Development Guidelines

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

12

Commercial

Planned, mixed – residential units are encouraged.

See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

None for commercial; 2,400 sq. ft. per unit for residential

Access; drainage; wetlands; buffers

 

See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

13

Residential Multi

Planned

3,600 sq. ft. per unit. Density bonuses to RM planned, 2,400 sq. ft. may be achieved if the project includes at least three of the elements listed under Special Regulations*

Access; drainage; wetlands; buffers

Contribution of land or fees for neighborhood park and trail system.

*Project must include at least three of the following:

1. More than two building types.

2. Provide a covered parking to unit ratio of at least 1:2 but not more than 1:1. Garages and carports must be integrated with the building design using similar materials, colors and design elements.

3. Provide a min. of 35 percent open space.

4. Provide a tot lot or play yard with playground equipment.

5. Provide an outdoor sport court (half a regulation basketball court or a regulation tennis court).

6. Provide other recreational facilities determined to be equivalent to those listed.

14

Commercial

Planned, Mixed – residential units and mixed-use buildings are encouraged.

All uses allowed in the Whatcom County general commercial district as of August 1996 are allowed. Uses in the city’s planned commercial zone are allowed. See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

None for commercial; 2,400 sq. ft. per unit for residential development.

Internal circulation; access; right-of-way dedication; preservation of mature trees and vegetation whenever possible; landscaping buffer between commercial and residential. drainage; wetlands; buffers

 

*See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

15

Commercial

Planned, mixed, residential

All uses allowed and subject to the conditions specified in the Whatcom County general commercial zoning as of August 1996 are allowed. Uses identified in the city’s planned commercial zone are allowed. (Hotels, motels with convention facilities, permanent facilities for live and performing arts, and most types of government offices are prohibited as specified in more detail in the Meridian Commercial District* Development Guidelines.

None for commercial; 3,600 sq. ft. increasing to 2,400 sq. ft./unit for residential development subject to meeting design criteria.

Internal circulation; preservation of mature trees and vegetation whenever possible; vegetative buffer between commercial and residential development; drainage; wetlands; buffers

 

*See Meridian Commercial District Development Guidelines.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

16

Commercial

Planned, see Meridian Commercial District Development Guidelines, Identity, Land Use subsection for a list of prohibited uses.

N/A

Access; buffer; design guidelines*

None

*See Meridian Commercial District Development Guidelines.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

Permitted Uses in Whatcom County General Commercial Zone

August 1996

Permitted Uses:

1. Automobile, motorcycle, marine and farm implement sales, repair and service; provided, that all repair services are conducted within an enclosed building.

2. Automobile service stations, car washes and public garages.

3. Mobile home and recreational vehicle sales.

4. Eating and drinking establishments.

5. Rental agencies.

6. Indoor commercial recreation facilities limited to bowling alleys, skating rinks, indoor theaters and physical fitness centers.

7. Passenger terminal facilities.

8. Service establishments 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.

9. Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music and pet stores.

10. Printing and publishing establishments.

11. Public facilities and utilities.

12. Rental storage establishments.

13. Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar noncommercial uses.

14. Hotels and motels.

15. One single-family dwelling per lot of record.

 

Area

Zoning

Use Qualifier

Density

Special Conditions

Prerequisite Considerations

Special Regulations

17

Commercial

Planned, parking facilities for adjacent uses may be allowed. See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

N/A

Access design; design guidelines*

Sanitary sewer improvement; Cordata Pkwy. widening for left turn storage; 10 feet right-of-way dedication for Cordata Pkwy.

*See Meridian Commercial District Development Guidelines.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

18

Commercial

Planned. See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

N/A

Access; flood; design guidelines*

None

*See Meridian Commercial District Development Guidelines.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

19

Residential Multi

Planned

3,600 sq. ft. per unit. Density bonuses to RM planned, 2,400 sq. ft. may be achieved if the project includes at least three of the elements listed under Special Regulations*

Access; internal circulation; drainage; wetlands; buffers

10-foot right-of-way dedication on Bakerview Rd. for future road improvements; contribution of land or fees for neighborhood park and trail system.

*Project must include at least three of the following to earn density bonus:

1. More than two building types

2. Provide a covered parking to unit ratio of at least 1:2 but not more than 1:1. Garages and carports must be integrated with the building design using similar materials, colors and design elements.

3. Provide a minimum of 35 percent open space.

4. Provide a tot lot or play yard with playground equipment.

5. Provide an outdoor sport court (half a regulation basketball court or a regulation tennis court).

6. Provide other recreational facilities determined to be equivalent to those listed.

20

Residential single

Planned

10,000 sq. ft. min. detached lot size or four units per acre.

Access; drainage; wetlands; buffers

10-foot right-of-way dedication on Bakerview Rd. for future road improvements; contribution of land or fees for neighborhood park and trail system.

None

Density bonuses, achieved through use of performance criteria for cluster development found in the Bellingham Subdivision Ord. can be used to increase the number of units to seven units per acre, or 6,200 sq. ft. per unit.

Transfer of development rights can also be used to further increase the number of units from seven to 10 per acre.

To use the TDR density bonus, a property owner can purchase development rights from a Lake Whatcom watershed land owner or use the “fee-in-lieu-of” option; a property owner/developer can purchase additional density by paying a fee to the city’s Lake Whatcom watershed acquisition program (LWWPAP).

The fee for a density bonus is calculated on a per dwelling unit basis according to a fee schedule established by the city council. One unit of additional density will be allowed for each unit purchased through use of this option.

 

 

An applicant’s submittal for planned development shall include a letter from the Bellingham finance department documenting the amount to be contributed to the LWWPAP.

 

 

 

21

Commercial

Planned – See Meridian Commercial District Development Guidelines, Identity, Land Use subsection for a list of prohibited uses.

None

Access; design guidelines*

None

* See Meridian Commercial District Development Guidelines.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

22

Commercial

Planned – Limited light industrial uses allowed**

See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

N/A

Access; buffer residential areas; design guidelines*

None

* See Meridian Commercial District Development Guidelines.

**The following uses compromise the category of limited light industrial uses:

Manufacturing of:

– Apparel and other products made from fabrics and similar material

– Furniture and fixtures

– Printing, publishing and allied industries

– Electrical and electronic machinery, equipment and supplies

– Measuring, analyzing and controlling instruments; photographic, medical and optical goods; watches and clocks

 

 

 

 

 

 

– Miscellaneous manufacturing industries which do not constitute a fire, explosion or safety hazard and are compatible with adjacent commercial development as determined by the director of planning and community development.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

23

Residential Multi

Planned

2,500 sq. ft. per unit

Clearing; flood; wetlands; protection of Spring Creek corridor; buffer; neighborhood parks contribution.

Dedication of 30 feet of right-of-way for Cory St. between Prince and Kellogg.

None

24

Residential Multi

Planned

2,500 sq. ft. per unit

Clearing; flood; drainage; wetlands; buffer; protection of Spring Creek corridor; stormwater management; transportation; access.

Development along the east side of Cory will require dedication of 30 feet of right-of-way and improvement of Cory to one-half standard as an arterial between Prince and Kellogg. Internal access roads shall be provided to property west and east of Spring Creek.

None

25

Commercial

Planned – Limited light industrial uses allowed.**

None

Access; interface between commercial and industrial uses; design guidelines.*

None

*See Meridian Commercial District Development Guidelines.

See Meridian Commercial District Development Guidelines – Identity, Land Use subsection for a list of prohibited uses.

*The following uses compromise the category of limited light industrial uses:

Manufacturing of:

– Apparel and other products made from fabrics and similar material

– Furniture and fixtures

– Printing, publishing and allied industries

– Electrical and electronic machinery, equipment and supplies

– Measuring, analyzing and controlling instruments; photographic, medical and optical goods; watches and clocks

– Miscellaneous manufacturing industries which do not constitute a fire, explosion or safety hazard and are compatible with adjacent commercial development as determined by the director of planning and community development.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

26

Commercial

Planned, Retail; Whatcom County PUD Ord., Chapter 20.85 WCC; Whatcom County Subdivision Ord., Chapter 21.30 WCC

Density as specified in the Cordata master plan and protective covenants.

All development shall comply with the Cordata master plan conditions, protective covenants, and all design and development guidelines; the Cordata design review committee shall review all proposals and give final approval prior to issuance of a building permit.

All stage 1 conditions of the Cordata master plan shall be met as required in the phasing schedule.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

27

Commercial

Planned

N/A

Access; drainage; buffers.

Internal access road; construction of Tull Rd.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

28

Residential Multi

Planned

2,500 sq. ft. per unit

Clearing; buffer; access; drainage.

Internal access roads.

None

29

Residential Multi

Planned

2,500 sq. ft. per unit

Clearing; flood; drainage; wetlands; buffer; protection of Spring Creek corridor; access.

Internal access roads to property west and east of Spring Creek.

None

30

Residential Multi

Planned

2,500 sq. ft. per unit

Clearing; buffer; access; drainage.

Internal access roads; construction of Tull Rd.

None

31

Industrial

Planned, light

N/A

Coordinated internal street and pedestrian circulation.

None

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

32

Industrial

Planned, light

N/A

Clearing; access; internal circulation; buffers.

Road improvements on Guide Meridian, Kellogg Ave.; internal circulation.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

33

Industrial

Planned

N/A

Clearing; buffers.

Road improvements to Meridian, Horton Rd., Van Wyck Rd., Deemer Rd.; vehicle access; internal circulation; drainage; construction of Deemer Rd.

This area is exempt from retail size limits subject to conditions in BMC 20.10.025.

34

Industrial*

Planned, mixed commercial.

N/A

Controlled access with joint driveways; internal circulation.

Sidewalk improvements on Meridian St.

*See Attachment 7 – Allowed Uses for Area 34.

1. Permitted uses shall be limited to those permitted and accessory uses allowed in Whatcom County’s light impact industrial (LII) zone as of the date of annexation; retail development not associated with industrial uses is prohibited; retail sales of merchandise manufactured, assembled or stored on site consistent with the definition of accessory uses as defined in Chapter 20.97 WCC (Definitions) is allowed.

ATTACHMENT 7 TO MERIDIAN ZONING CODE – Allowed Uses for Area 34