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Home My WebLink Aboutord2011-039 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011 - 274 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: PIG 08/22/11 09/13/11 Introduction Ori: inator: Peter Gill Division Head. 09/27/11 Planning & Roxanne Michael RECEIVE -3 Development Committee Dept. Head: al& So 09/27/11 County J.E. "Sam " Ryan ) ' ' SEP 0 6 2011 Council Prosecutor: Royce Buckingham 441 Fe- 11 i ) It WHATCOM COUNTY 10 / 11 / 2011 Hearing Purchasing/Budget: �I COUNCIL Y / Executive: Pete Kremen q - 1 1 i TITLE OF DOCUMENT.• Drayton ayton Harbor Rezone R( 10 ) to R ( 5 ) . ATTACHMENTS: ( 1 ) Proposed ordinance ( 2 ) Staff Report and Planning Commission Findings and Recommendations ( 3 ) Planning Commission meeting summary from 07/ 28/ 2011 SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 9/27/11 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Request to amend the Official Whatcom County Zoning Map for approximately 470 acres south of Drayton Harbor Road and north of Lincoln Rd , from the designation of Rural 1 unit per 10 acres [ R( 10 ) ] to Rural 1 unit per 5 acres [ R( 5 ) ] . COMMITTEE ACTION:: COUNCIL ACTION:: 9 / 27 / 2011 : Committee recommends having a 9 / 13 / 2011 : Introduced public hearing on the ordinance that is in 9 / 27 / 2011 : Held in Council for a public packet (which is the Planning Commission hearing on 10 / 11 / 2011 recommendation) 10 / 11 / 2011 : Council Adopted 5 - 2 , Mann & Weimer opposed Ord . 2011 - 039 Related County Contract #: Related File Numbers: Ordinance or Resolution PLN2011 -00014 Number: Ord . 2011 -039 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 : Sam Crawford PROPOSED BY: Whatcom County Planning & Development Services INTRODUCTION DATE : September 13 , 2011 ORDINANCE # 2011 -039 WHATCOM COUNTY ZONING MAP AMENDMENT FROM THE DESIGNATION OF RURAL 1 UNIT PER 10 ACRES [R(10)] TO RURAL 1 UNIT PER 5 ACRES [R(5)] . WHEREAS, The proposed amendment would amend the Whatcom County Title 20 Zoning Map for approximately 470 acres from Rural 1 unit per 10 acres [R( 10)] to Rural 1 unit per 5 acres [R(5)] . WHEREAS, the application was submitted by a member of the County Council to amend the official Whatcom County Zoning Map; and WHEREAS, County Council initiated the amendment with the approved docket on March 15 , 2011 in Resolution 2011 -009 ; and WHEREAS, Notice of the proposed zoning amendment was submitted to the Washington State Department of Commerce on June 29, 2011 . WHEREAS, a State Environmental Policy Act Determination ofNonsignificance was issued July 12, 2011 ; and WHEREAS, testimony was given at the Planning Commission public hearing related to the subject amendment on July 28, 2011 ; and WHEREAS, the Whatcom County Planning Commission makes the following findings of fact and conclusions : Planning Commission FINDINGS OF FACT AND REASONS FOR ACTION 1 . This amendment was initiated with the approved docket on March 15 , 2011 in Resolution 2011 - 009 . 2 . Notice of the proposed zoning amendment was submitted to the Washington State Department of Commerce on June 29 , 2011 . 3 . Notice of Planning Commission hearing was mailed to the 245 surrounding property owners within 1000 feet of the subject site on July 8 , 2011 . 4 . Notice of the Planning Commission hearing was posted on the subject property on July 8 , 2011 and published in the Bellingham Herald on July 15 , 2011 . 5 . A State Environmental Policy Act Determination of Nonsignificance was issued July 12 , 2011 . P. 1 6 . The proposed amendment would amend the Whatcom County Title 20 Zoning Map for 472 acres from Rural 1 unit per 10 acres [ R( 10 ) ] to Rural 1 unit per 5 acres [ R( 5 ) ] . 7 . On November 24 , 2009 , the Whatcom County Council adopted Ordinance 2009 - 071 which rezoned the subject parcels from Urban Residential zoning to Rural 1 unit per 10 acres [ R( 10 ) ] . 8 . The existing use of this area is primarily large- lot residential , shoreline residential , and limited non - commercial agricultural use . 9 . Current zoning to the east is R( 10 ) ; to the south is part of the Birch Bay UGA and is zoned Urban Residential [ UR(4 ) ] and a small area of GC ; to the west is the City of Blaine ; to the north is Drayton Harbor. 10 . Whatcom County Comprehensive Plan Rural Land goals focus on retaining rural character and service levels . Its policies do not provide any distinction in rural character between R( 10 ) and R( 5 ) zoning . The existing infrastructure is adequate to provide rural services consistent with other parts of the County . 11 . The Critical Areas Ordinance and Shoreline Management Program development regulations are vital to protecting the significant natural resources and wildlife habitat in the subject area , consistent with Comprehensive Plan Environment goals . 12 . In a similar rezone in 2010 , the Whatcom County Council found that "the downzone of all the properties removed from the Birch Bay Urban Growth Area from UR-4 to R10A constituted a substantial hardship which should be mitigated by this rezone to R5A . " (Whatcom County Ordinance 2010 - 065 ) . Planning Commission CONCLUSIONS This proposal is consistent with the Whatcom County Comprehensive Plan as summarized in the above Findings of Fact and Reasons for Action and in the Analysis Section of this staff report . Based on the evaluation criteria established in the Whatcom County Code 20 . 90 . 050 ( 2 ) ( a ) , the proposed amendment should be forwarded to the County Council with a recommendation of approval from the Planning Commission . WHEREAS, the Whatcom County Planning Commission recommended approval by a vote of 5 -3 ; and WHEREAS, the proposed amendment meets the approval criteria for comprehensive plan amendments, as required by Whatcom County Code (WCC) 20 .90 .050; and WHEREAS, on September 17 , 2011 , legal notices were published for the County Council public hearing on this amendment; and WHEREAS, on October 11 , 2011 , the County Council held a public hearing on the proposed amendment and considered all testimony. P. 2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 1 . The Official Whatcom County Zoning Ordinance map is hereby amended from Rural 1 unit per 10 acres [R( 10)] to Rural 1 unit per 5 acres [R(5)] for the "subject area" shown on Exhibit A . Section 2 . 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 . ADOP t�/ thrb "Plitt itt day of October , 2011 •c, . %1AT66 •� H C' C; WHATCOM COUNTY COUNCIL greEitt • LINTY • •: < = WHATCOM COUNTY, WASHINGTON • OIL • 4ts , 'g = IS2pa Efrola vif;,•�t unci atlerk am Crawford , Cou cil Chair mot. . • • • • . :'' APP1 G%4p"a To �1941&?. (9proved ( ) Denied 4‘,/ Civil Deputy Prosecutor Pete Kremen, Executive Date : /"13-- P. 3 5 5C. c Cka y'e I� t 0V. 'd / r, 4 i �s "L b c r\ a.. : 4 . . s-uY s �� .„......, \ N , h% _Alp L > _• bilk I „..:..,c. litiLiti„ k.: _ a iihhh. 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