HomeMy WebLinkAboutord2012-058 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012- 370
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 11/6/2012 11/20/2012
any Davis IWO Introduction
Division Head: (� �^�-
MarkPersonious . + D Vu (:1 ( ' 4IIv u v h D 12 / 4 / 12 P &D / Council
Dept. Head.
Sam Ryan To t i /fr/iL NOV 0 9 2012
Prosecutor:
ceRoyce Buckingham fir - g- ( Z WHATCOM COUNTY
Purchasing/Budget: _ COUNCIL
Executive: ,
Jack Lows 7
TITLE OFDO " t tf T:
Caitac Rezone R- Af o R-5A and Development Agreement
ATTACHMENTS:
1 . Proposed Ordinance with Attached Rezone Map and Development Agreement
2 . Planning Commission Findings of Fact and Reasons for Action
3 . Staff Report
SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X1 ) NO
SEPA review completed? ( X ) Yes ( ) NO Requested Date
'The Council must hold a hearing if they want to change the Planning Commission 's
recommendation IWCC 2. 160. 100(2)/.
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
A proposed zoning map amendment and development agreement to rezone approximately 552 acres south of Smith
Road and west of Guide Meridian, located in Section 36, T. 39 N. , R.2 E. and Section 1 , T. 38 N, R.2 E. ,
Assessor' s Parcels 390236200270 (portion), 390236445440 (portion), 380201074504, and 380201202508 , from
Rural 1 dwelling unit per 5 acres (R-5A) to Rural 1 dwelling unit per 10 acres (R- 10A) . File #PLN2010-00024 .
COMMITTEE ACTION: COUNCIL ACTION:
12 / 04 / 2012 : Forwarded to Council for approval 11 / 20 / 2012 : Introduced
12 / 04 / 2012 : Council Adopted 7 -0
Ord . 2012 - 058
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
PLN2010-00024 Ord . 2012-058
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: www. co. whatcom. wa. us/council.
SPONSORED BY : Consent
PROPOSED BY : PDS
INTRODUCTION DATE : , 2012
ORDINANCE NO . 2012 -058
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
IN THE SMITH ROAD / GUIDE MERIDIAN AREA FROM RSA TO R10A AND
APPROVING AN AMENDED DEVELOPMENT AGREEMENT
WHEREAS, the County has approved a settlement agreement that requires a
rezone of approximately 552 acres from R- 5A to R- 10A ( repeal of Ordinance 2011 -
051 ) and amendment of the development agreement recorded under Whatcom
County AFN 2111202337 .
WHEREAS, the Whatcom County Planning Commission held a public hearing
and recommended approval on October 25 , 2012 ; and
WHEREAS, the Whatcom County Hearing Examiner held a public hearing for
the development agreement amendment on November 13 , 2012 and issued a
recommendation of approval on November 15 , 2012 ; and
WHEREAS, notice of the Whatcom County Planning Commission public
hearing was published October 12 , 2012 ; and
WHEREAS, notice of the subject rezone and development agreement was
sent to state and local agencies , and property owners within 1000 feet of the site ;
and
WHEREAS, the Whatcom County Council has reviewed the Planning
Commission recommendations ; and
WHEREAS, legal notice requirements have been met ; and
WHEREAS, the Whatcom County Council hereby adopts the following findings
of fact and conclusion :
FINDINGS OF FACT
1 ) Whatcom County Planning and Development Services received applications
for a zoning map amendment . The Zoning application was given the file
number PLN2010 - 00024 .
2 ) On December 6 , 2011 , the County Council adopted Ordinance 2011 - 051 ,
rezoning 552 acres from R- 10A to R- 5A .
Page 1 of 3
3 ) On September 25 , 2012 , the County Council approved a Settlement
Agreement and Release under which the County would repeal the rezone
adopted in Ordinance 2011 - 051 and amend the development agreement
recorded under Whatcom County AFN 2111202337 .
4 ) On October 10 , 2012 a Request for Expedited Review was filed with the
Washington State Department of Commerce . As required by RCW
36 . 70A . 106 all proposals to amend development regulations must be
submitted to the Department of Commerce 60 days prior to adoption .
5 ) On October 11 , 2012 the Department of Commerce notified Whatcom County
that the Request for Expedited Review was received .
6 ) As required by WCC 20 . 90 . 050 ( 2) environmental review through the State
Environmental Policy Act (SEPA) was required for the original rezone . The
Whatcom County SEPA official gave this non - project action a SEPA
determination of non - significance ( DNS ) on June 1 , 2011 . WAC 197 - 11 -
600 ( 3 ) ( b) provides : "Any agency acting on the same proposal shall use an
environmental document unchanged . . . " The County satisfied the
requirements of the SEPA when it adopted Ordinance 2011 - 051 and no
further SEPA action is required for this rezone .
7 ) Notice of the Whatcom County Planning Commission public hearing was
published October 12 , 2012 .
8 ) The Whatcom County Planning Commission held a public hearing on October
25 , 2012 on the proposed rezoning and recommended approval .
9 ) The Whatcom County Hearing Examiner held a public hearing for the .
development agreement amendment on November 13 , 2012 and issued a
recommendation of approval on November 15 , 2012 .
10 ) The Whatcom County Comprehensive Plan designates the subject property
as Rural .
11 ) The rezone action bears a substantial relationship to the public health ,
safety , morals , or welfare .
CONCLUSIONS
1 ) The proposed rezone action is consistent with the Whatcom County
Comprehensive Plan 's land use designation of Rural .
2 ) The proposed rezone action is required by a settlement agreement approved
by the County Council on September 25 , 2012 .
Page2of3
3 ) The proposed amendment to the development agreement is required by a
settlement agreement approved by the County Council on September 25,
2012 .
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that :
Section 1 . The Official Whatcom County Zoning Map is hereby amended as shown in
Exhibit 1 .
Section 2 . The development agreement recorded under Whatcom County AFN
2111202337 is amended per Exhibit 2 .
Section 3 . Adjudication of invalidity of any of the sections, clauses, or provisions of
this Ordinance shall not affect or impair the validity of the Ordinance as a whole or
any part thereof other than the part so declared to be invalid .
ADOPTED this 4th day of December 2012 .
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E%na &o Cound1 Clerk Kathy Kershner, Council Chair
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APPROVED as to form : (Approved ( ) Denied
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AV digi _
Civil IIPC• t ' osecutor Jack Lou s, Executi e
Date : /-/S // Z
Page3of3
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Exhibit 1 _® RIM ::3:_s•Ial—c5
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Bellingham GA
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File # : PLN2010-00024 . .
-etc or WHATC1}y4CUUNSY'S GIS UATApM PtitrR USCG'S Y,,,,, FOk2M1{hTl.Jf
Proposed Rezoning 40f1F Ml Tismsij: F011.3WI>€0ST fMfl1 t .sGOM . coo tt
' ' 2012 + dI
d H{n :ef Isf dirbatrne anyw&Y:Lht AIrarrthactt ocpy OF warranty ry y1 P
dminss M€3la 'On lar say pafleblsr y;E mae &Ike!.opense r e, '.S.
'tarred. tio ^,:prescataltor. nt wsrraly :E raadc msm:etnlnry the nepr
-�- -°g- Alf surre•tp, emap alenCascrl rtopfhl Cats fo- fa.* toiMa map
Existing Zoning Boundary Alf a zooms Qa 10.d Vinatcaa3 c;t y 2.tn eafroae.nd aat, 'SI
tiwarsgbu, tt`rss Clan r 13Gtomany n ,e of €!cS 1 I7 xgslui aft^f N
�/4%iii' p fi31"da?, I�S?. atl'pt lil% 3tlxlnit Etpm 11Y 31:A. of ;hit Eaah. $ ,
Proposed Rezone Area
0 330 660 1 , 320 1 , 980 2 , 640 55en'cA
Proposed Zoning - R10A (not in parentheses) Feet
Existing Zoning - (R5A) October 9, 2012 bygld
Exhibit 2
After recording return document to :
ZENDER THURSTON, P.S.
ATTN: ROBERT A. CARMICHAEL
P.O. BOX 5226
BELLINGHAM, WA 98227
DOCUMENT TITLE:
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT/ R10A to TC
REFERENCE NUMBER OF RELATED DOCUMENT:
2111202337 .
GRANTOR:
WHATCOM COUNTY, a political subdivision of the state of Washington
GRANTEE :
CAITAC USA CORP, a Washington corporation
ABBREVIATED LEGAL DESCRIPTION :
Ptns of the NE 'A, the SE 'A and all of NW 'A and SW 'A in Sec 36, T39N, R2E
Ptn of NW 'A of Sec 1 , T38N, R3E
ADDITIONAL LEGAL DESCRIPTION ON PAGES 5 -6 (Exhibit A) OF DOCUMENT.
ASSESSOR' S TAX PARCEL NUMBER(S) :
390236 200270 0000
390236 445440 0000
380201 074504 0000
380201 202508 0000
1
•
Exhibit 2 2121200797
Page : 1 of 6
1210612012 3 : 43 PM
AMAG $77 . 00
Whatcom County , WA
Request of : WHATCOM COUNTY COUNCIL
After recording return document to :
ZENDER TIIURSTON, P.S.
ATTN: ROBERT A. CARMICHAEL
P.O. BOX 5226
BELLINGHAM, WA 98227
•
DOCUMENT TITLE:
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT/ R10A to TC
REFERENCE NUMBER OF RELATED DOCUMENT:
2111202337
GRANTOR:
WHATCOM COUNTY, a political subdivision of the state of Washington
GRANTEE :
CAITAC USA CORP, a Washington corporation
ABBREVIATED LEGAL DESCRIPTION: .
Ptns of the NE 1/4, the SE 1/4 and all of NW 1/4 and SW 'A in Sec 36, T39N, R2E
Nn of NW 'A of Sec 1 , T38N, R3E
ADDITIONAL LEGAL DESCRIPTION ON PAGES 5 -6 (Exhibit A) OF DOCUMENT.
ASSESSOR' S TAX PARCEL NUMBER(S) :
390236 200270 0000
390236 445440 0000
380201 074504 0000
380201 202508 0000
1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is
entered into this Pt day of 2 eetaib✓ , 2012, between Whatcom County, a political
subdivision of the state of Washington ("County"), and Caitac USA Corp. , a Washington
corporation ("Caitac") . County and Caitac are collectively referred to as the "Parties".
Recitals
WHEREAS, a Development Agreement ("Agreement") was entered into on December 15, 2011 ,
and recorded on December 20, 2011 , under Whatcom County Auditor' s File No . 2111202337;
and
WHEREAS, amendments to the Agreement may be made pursuant to Section 8 . 3 of the
Agreement; and
WHEREAS , the County held a public hearing on November 13 , 2012, regarding this
Amendment as required; and
WHEREAS, the County and Caitac desire to amend the Agreement pursuant to a Settlement
Agreement ("Settlement") entered into on October 10, 2012; and
WHEREAS, the foregoing recitals are a material part of this Amendment;
NOW THEREFORE, for and in consideration of mutual covenants and agreements contained in
this Amendment, the parties hereby covenant and agree as follows:
Amendment to Agreement
Section 5 .2 of the Agreement is hereby amended to read in its entirety as follows :
5 . 2 Critical Areas. Caitac has completed and County has accepted as accurate a wetland
report and delineation for the Rezone Property dated January 11 , 2011 (Exhibit E). Said
wetland delineation for the Rezone Property is attached as Exhibit E hereto
("Delineation") . The Delineation shall define the wetland classifications and boundaries
on the Rezone Property for up to five (5) years from the date of completion thereof, as
provided in county code . Applicable buffer requirements for wetlands shown in the
Delineation shall be in accordance with Whatcom County ordinances in effect on the
date of the Agreement. The County may in its discretion require an updated wetland
delineation for any subsequent development; provided that, for the duration of this
Agreement the methodology that County will continue to use to determine the
boundaries, classifications, and required buffers of on-site for streams and wetlands shall
be in accordance with Whatcom County ordinances in effect on the date of this
Agreement. Future development will be reviewed by the County following submittal of
2
a project specific permit application in conformance with SEPA and for compliance with
the Whatcom County critical areas ordinance (Chapter 16. 16 WCC) in effect on the date
of this Agreement.
Effect
The balance of the Agreement shall remain in full force and effect.
AGREED as of the date first set forth above.
WHATCOM COUNTY, a political CAITAC USA CORP, a Washington
subdivision • - 1 e state • f Washington corporation
By. By: i //_ - if
„,,,,
Its: Exec a Its. • , '42 ' d
ATTEST :
By:
Its:
APPROV AS TO FO „,,.
By:
Its: Deputy Prosecuting Attorney
3
•
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM )
On this day personally appeared before me V ai - k ,u3S , to me known to
be the &yeru4-1' ft- of WHATCOM COUNTY, a political subdivision of the
State of Washington that executed the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said county for the uses and purposes
therein mentioned, and on oath stated that V is authorized to execute said instrument.
GIVEN under my hand and official seal this S day of (ieZ`, , 2012.
-ctl.]w (� s
/ groOml , t Print Name
de gat ir
Ver
/ . :4 OAR )* art I,
'UBOGJ 1 NOTARY PUBLIC in and for t e tate of
" `, \0* Mt) �% Washington, residing at 1'V� oh.Sr��■ , k My commission expires 9 (25 (2-015
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM )
On this day personally appeared before me /40,90k Pith` to me known to be the
efi'v.e. (Ara fret of Caitac USA Corp, that executed the within and foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that kt
is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation. /
GIVEN under my hand and official seal this b day of Deamechtese , 2012 .
4'i:k;A '1M► P t Name
M° z
• ,,.... -
_ _ S —
+� PIO i1. .
°A'st.!' 4 +0't .�� NOTARY PUBLIC in and for the State of
/1' 0 f••w��1(►`���� Washington, residing at bt vni .
w��NIpig11N�� My commission expires 54/2-c11 ¢
4
Exhibit A
Caitac Property Description
Parcel Nos. 390236 200270 0000 and 390236 445440 0000 :
Lots 10, 11 , 12 and 13 , Block 2 ; Lot 3 , EXCEPT the South 110 feet of the East 150 feet thereof;
and. Lots 1 , 2 and 4 to 25 inclusive, and the East half of Lot 26, Block 3 , "Belden Acres, "
Whatcom County, Washington, as per the map thereof, recorded in Book 7 of Plats, page 87, in
the Auditor's office of said county and state. EXCEPT a portion conveyed to the State of
Washington for Guide-Meridian Road by deed recorded under Auditor' s File No. 523532 .
ALSO EXCEPTING the land described as Parcel A in Exhibit A of the Stipulated Order
Adjudicating Public Use and Necessity, under Whatcom County Superior Court Cause No. 04-2-
01581 -9, filed on September, 13 , 2004. ALSO EXCEPT a portion of Lot 10, Block 3 , "Belden
Acres, " conveyed to Whatcom County by deed recorded under Recording No. 1629385,
described as follows : Commencing at the Northeast corner of Section 36, Township 39 North,
Range 2 East of W.M. ; thence North 88° 10 ' 38 " west 291 feet along the Northerly line of said
section 36 ; thence at a right angle South 1 °49' 22" west 30 feet to the Southerly right-of-way line
of County Road No . 58 (West Smith Road) and the point of beginning; thence along said County
Road right-of-way line South 88 ° 10 ' 38 " East 251 feet to the intersection with the westerly right-
of-way line of SR 539 (Guide Meridian Road); thence Southerly along the Westerly right-of-way
line of SR 539 a distance of 110 . 80 feet; thence Northwesterly 74. 30 feet to a point lying 61 . 00
feet Westerly of the East line and 70 feet Southerly of the South line of said section 36; thence
running parallel to the Southerly right-of-way line of said County Road a distance of 90 .00 feet;
thence Northwesterly 145 .60 feet to a point on the Southerly right-of-way line of said County
Road, said point being the point of beginning.
ALSO the Southwest quarter of the Northeast quarter and that portion of the Northwest quarter
of the Northeast quarter of Section 36, Township 39 North, Range 2 East, lying South and West
of the Plat of "Belden Acres, " Whatcom County, Washington, as per the map thereof, recorded in
Book 7 of Plats, page 87, in the Auditor's office of said County and state . Also the East half of
the South half of section 36, Township 39 North, Range 2 East, EXCEPTING the Southeast
quarter of the Southeast quarter of said section 36; ALSO EXCEPTING the East 1322 .61 feet of
the North half of the Southeast quarter of said section 36 .
ALSO Lots 27 to 45 , inclusive, and the west half of Lot 26, Block 3 , "Belden Acres, " Whatcom
County, Washington, as per the map thereof, recorded in Book 7 of Plats, page 87, in the
Auditor's office of said county and state.
ALSO that portion of the Northwest quarter of Section 36, Township 39 North, Range 2 East,
lying South of Block 3 , "Belden Acres, " Whatcom County, Washington, as per the map thereof,
recorded in Book 7 of Plats, page 87, in the Auditor ' s office of said county and state. EXCEPT
the Southwest quarter of the Northwest quarter of said section 36 .
All situate in Whatcom County, Washington.
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Parcel Nos.380201 074504 0000 and 380201 202508 0000:
The west half of the South half of section 36, Township 39 North, Range 2 East, EXCEPT
Aldrich Road in the Southwest corner thereof And the Southwest quarter of the Northwest
quarter of section 36, Township 39 North, Range 2 East.
ALSO TOGETHER WITH all of Blocks 81 and 82, Plat of Bakerview Addition to the City of
Bellingham, as per the map thereof, recorded in Book 7 of Plats, pages 40 to 45 inclusive,
records of said county and state, EXCEPT that portion described as follows :
BEGINNING at the Southeast corner of said Block 82; thence North 00° 15'35 " East along the
Easterly line thereof 658 . 14 feet; thence South 89° 55'42" West 2586 . 13 feet to the westerly line
of said Block 81 ; thence South 00° 17'04" west along said westerly line 654.28 feet to the
Southwest corner thereof thence North 89°40 ' 52" East along the Southerly line of said Blocks
81 and 82 a distance of 2586.48 feet to the Point of: Beginning.
All situate in Whatcom County, Washington.
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