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HomeMy WebLinkAboutord2011-051 WHATCOM COUNTY COUNCIL AGENDA BILL . Na 2011 - 345 CLEARANCES _ Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: n f 10/13/2011 10/25/2011 Introduction t. ` • Gary Davis Division Head: l ' 11 i7:' = 1 11/9/2011 P&D /Council Roxanne Michael ` u _ J I . Dept. Head: Vet Sam Ryan c � 1p � i jti :' 2011 12 / 6 / 2011 Public Hearing 1 S Prosecutor: r r f ahy j/ Royce Buckingham 1 Purchasing/Budget: w HA'' CUM COUNTY COUNCIL Executive: Pete Kremen f� 10^ e 0 if TITLE OF DOCUMENT: v Caitac Rezone R- 10A to 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 . Hearing Examiner' s Recommendation SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ' ) 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 /WCC 2. 160.100(2)1. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: aphis item is an ordinance or requires a public hearing, you must provide the language for use hi 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 10 acres (R- 10A) to Rural 1 dwelling unit per 5 acres (R-5A) . File #PLN2010-00024 . COMMITTEE ACTION: COUNCIL ACTION: 11 / 9 / 2011 : Committee recommends that the 10 / 25 / 2011 : Introduced Council hold a public hearing 11 / 09 / 2011 : Council Held for Public Hearing on December 6 , 2011 12 / 06 / 2011 : Council accepted substitute & Adopted 5 - 2 , Mann & Weimer opposed Ord . 2011 - 051 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2010-00024 Ord . 2011 -051 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 'swebsite at: www. co. whatcom. wa. us/council. SPONSORED BY : Consent PROPOSED BY : PDS INTRODUCTION DATE : October 25 , 2011 ORDINANCE NO , 2011 -051 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP IN THE SMITH ROAD / GUIDE MERIDIAN AREA FROM R10A TO RSA WHEREAS, Caitac USA Corp (" Caitac") filed a Petition for Review with the Western Washington Growth Management Hearings Board on or about January 25 , 2010 , challenging Whatcom County Ordinance No . 2009 - 07 which is pending before the Board . Caitac USA Corp et al. v. Whatcom County, Case No . 10 - 2 - 0009c ; and WHEREAS, Caitac is the owner of approximately 580 acres of property located immediately southwest of the intersection of Smith Road and Guide Meridian Road " Property"; and WHEREAS, the County received an application from the property owner, Caitac USA, to rezone approximately 552 acres from R- 10A to R- 5A ; and WHEREAS, the Whatcom County Planning Commission held a public hearing on September 8 , 2011 . The Planning Commission recommended approval of the rezoning following a work session on September 22 , 2011 ; and WHEREAS, the Whatcom County Hearing Examiner held an open record public hearing for the development agreement on September 28 , 2011 and forwarded his recommendation for approval of said development agreement to the County Council ; and WHEREAS, notice of the Whatcom County Planning Commission public hearing was published August 26 , 2011 ; and WHEREAS, notice of the Whatcom County Hearing Examiner public hearing for the development agreement was published in the Bellingham Herald on September 15 , 2011 ; and WHEREAS, notice of the Whatcom County Hearing Examiner public hearing was posted on the subject site on September 14 , 2011 ; 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 Page Commission and Hearing Examiner recommendations ; and WHEREAS, the County Council finds the proposed amendment to be in the best interest of the public health , safety and welfare ; 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 an application for the 552 - acre zoning map amendment from R- 10A to R- 5A, a legal description of which is attached at Exhibit A and a depiction of which is attached at Exhibit B (" Rezone Site ") . The Zoning application was given the file number PLN2010 - 00024 . 2 . On January 18 , 2011 a 60 Day Notice of 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 . 3 . On January 20 , 2011 the Department of Commerce notified Whatcom County that the 60 - day notice was received and the proposal was forwarded to public agencies for comment . 4 . The County Council approved a settlement agreement with Caitac on or about February 25 , 2011 . 5 . As required by WCC 20 . 90 . 050 ( 2 ) environmental review through the State Environmental Policy Act was required . The Whatcom County SEPA official gave this non - project action a SEPA determination of non - significance ( DNS ) on June 1 , 2011 . Two comments were received on the determination . 6 . Notice of the Whatcom County Planning Commission public hearing was published August 26 , 2011 . 7 . The Whatcom County Planning Commission held a public hearing on September 8 , 2011 on the proposed rezoning . 8 . Comprehensive Plan Policy 2GG -4 states : " Uses and densities within the Rural designation should reflect established rural character. Rezones within the Rural designation should be consistent with the established rural character and densities in the general area of the proposed rezone . " Page 2 9 . Comprehensive Plan Policy 2GG -.7 states : " Ensure that flexible development patterns such as cluster subdivisions effectively preserve open space and agricultural land and do not create the need for more intensive rural services . " 10 . The Growth Management Act ( RCW 36 . 70A . 070 ( 5 ) ( b ) ) states in part : "To achieve a variety of rural densities and uses , counties may provide for clustering , density transfer, design guidelines , conservation easements , and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban sprawl and are consistent with rural character . " 11 . The proposed use of the Rezone Site may include residential cluster subdivisions surrounding the existing golf course . 12 . The Whatcom County Comprehensive Plan map depicts the proposed Rezone Site with a Rural designation and the proposed zoning to R5A is consistent with this designation . 13 . The Official Whatcom County Zoning Map depicts the zoning for the Rezone Site as R1 OA . 14 . An amendment from R10A to R5A is consistent and compatible with the current uses and zoning of the surrounding land . The proposed Rezone Site is mostly surrounded by R5A zoning , it abuts the city limits for the City of Bellingham , and the Guide Meridian Road . 15 . The proposed amendment to the Official Whatcom County Zoning Map is consistent with the Whatcom County Comprehensive Plan goals and policies and is consistent with the rural character as the proposed use constitutes cluster development and maintenance of open space . These goals and policies in addition those cited above , are as follows : a . GOAL 2A states : Ensure provision of sufficient land and densities to accommodate the growth needs of Whatcom County and protect the qualities that make the county a desirable place to live . Comprehensive Plan at 2 -5 (2011) . b . Policy 2A-4 states : Designate land uses that reflect the best use of the land . Comprehensive Plan at 2-5 (2011 ) . c . GOAL 3B states : Support residential housing near employment opportunities and transit . Comprehensive Plan at 3- 9 (2010) . d . Policy 3C - 1 states : Support lot clustering , varied lot sizes , small - scale multi -family dwellings , accessory housing and reductions in infrastructure requirements for subdivisions as incentives for development of housing obtainable by purchasers with the greatest Page 3 possible mix of household incomes . Comprehensive Plan at 3- 10 (2010) . e . Policy 2GG - 1 states : Provide a variety of residential choices at rural densities which are compatible with the character of each of the rural areas . Comprehensive Plan at 2 - 64 (2011 ) . f. Policy 2GG - 8 states : Development within Rural designations should be consistent with rural character as described in this chapter. Comprehensive Plan at 2 -64 (2011 ) . 16 . The rezone is also consistent with the Urban Fringe Subarea Plan ( which mostly applies to land within the urban growth area ) and directs development outside the urban growth area in close proximity to transportation corridors . 17 . The Rezone Site is not utilized for agricultural purposes . Furthermore , the subject property is not suitable for agricultural production . Currently, a principal use of the Property is for a golf course . A rezone of a portion of the Property to R5A reflects the best use of the land , will help address Whatcom County's needs for additional housing , be located in close proximity to the Guide Meridian and employment opportunities . Therefore , the proposed amendment to the zoning bears a substantial relationship to the public health , safety, morals , general welfare or community needs , and will not adversely affect the surrounding neighborhood as a whole . 18 . A rezone of the Rezone Site will establish rural zoning on the Property at the same density currently in place for most of the surrounding property . 19 . The recently adopted Ordinance 2009- 071 does not include the Property within the urban growth area . Whatcom County is increasingly in need of single family detached homes and will benefit from economic stimulation from the development of residential uses facilitated by the proposed amendments to the Zoning map and Comprehensive Plan Map . CONCLUSION The proposed R- 5A zoning and the proposal to develop in a cluster pattern , is consistent with the character of the surrounding area , and is consistent with the Growth Management Act and the Whatcom County Comprehensive Plan 's objective of preserving rural character . NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that : Page 4 Section 1 . The Official Whatcom County Zoning Map is hereby amended as shown in Exhibit C . Section 2 . The Development Agreement as shown in Exhibit D is approved and Whatcom County shall enter into said Agreement . Development of the rezoned property shall be consistent with the Development Agreement as shown in Exhibit D . 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 6th day of December 2011 . `���%% � I u , ,,,� '1 • • . T C o ?• t0v8�^( 41 • •; = WHATCOM COUNTY COUNCIL A}T Co A- rrs. WHATCOM COUNTY, WASHINGTON -7- ' etz : E i % • . .. e •1 : ! %! Dana %r,pwn - Davisioduncil Clerk Sa Crawford , Coun I Chair APPROVED as to form : ( ) Approved ( ) Denied • ivi'IID eputy Prosecutor Pete Kremen , Executive Date : /J 73`,'l Page 5 EXHIBIT A Caitac Property to be Zone R5A Parcel A 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 Judgment and Decree of Appropriation, under Whatcom County Superior Court Cause No. 04-2-01581 -9, filed on July 18, 2005 . 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. EXHIBIT A - Page 1 of 3 Caitac Property to be Zone RSA Parcel B 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 BIocks 81 and 82, Nat of Bakeiview 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. EXCEPT LOTS 10, 11 , 12, AND 13 OF BLOCK 2 OF SAID PLAT OF BELDON ACRES. EXCEPT THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 36, T 38 N, R 2 E, W.M. BEING RESERVED FOR TC ZONING DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE S 01 ° 1 9'05 " W ALONG THE EASTERLY LIMITS OF SAD NORTHEAST QUARTER, SAID BEARING PER RECORD OF SURVEY RECORDED UNDER WHATCOM COUNTY AUDITOR' S FILE NO. 2011102191 , A DISTANCE OF 2654.75 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 36; THENCE N 88°36 ' 10" W ALONG THE SOUTHERLY LIMITS OF SAID QUARTER A DISTANCE OF 1994.88 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 150 FEET, THE CENTER OF WHICH BEARS S 62°34'43 " E, THOUGH A CENTRAL ANGLE OF 23 °03 ' 20", AN ARC DISTANCE OF 60 .36 FEET; THENCE S 04°2P57 " W A DISTANCE OF 312.58 FEET; THENCE S 17°55 ' 16" W A DISTANCE OF 334. 13 FEET; THENCE S 24° 11 ' 19" W A DISTANCE OF 479.94 FEET; THENCE N 89°43 '29" W A DISTANCE OF 241 .35 FEET; THENCE N 30°48 '06" E A DISTANCE OF 80.04 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200 FEET THROUGH A CENTRAL ANGLE OF 30°39 ' 05" AN ARC DISTANCE OF 106.99 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 130 FEET THROUGH A CENTRAL ANGLE OF 71 °30'25" AN ARC DISTANCE OF 162.24 FEET; THENCE N 10°03 ' 14" W A DISTANCE OF 52.08 FEET; EXHIBIT A - Page 2 of 3 Caitac Property to be Zone R5A THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 70 FEET THROUGH A CENTRAL ANGLE OF 48°07' 08" AN ARC DISTANCE OF 58 .79 FEET; THENCE N 38°03 ' 54" E A DISTANCE OF 95.31 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 100 FEET THROUGH A CENTRAL ANGLE OF 55° 18 '29" AN ARC DISTANCE OF 96 . 53 FEET; THENCE N 17° 14' 35" W A DISTANCE OF 59.73 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 120 FEET THROUGH A CENTRAL ANGLE OF 66°44 '02" AN ARC DISTANCE OF 139 .77 FEET; THENCE N 49°29 '27" E A DISTANCE OF 46. 13 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 180 FEET THROUGH A CENTRAL ANGLE OF 38° 11 ' 50" AN ARC DISTANCE OF 120.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 120 FEET THROUGH A CENTRAL ANGLE 38° 11 ' 50" AN ARC DISTANCE OF 80 .00 FEET; THENCE N 26°54 ' 13 " W A DISTANCE OF 136.00 FEET; THENCE S 70°52'40" W A DISTANCE OF 197.91 FEET; THENCE N 19°07 '20" W A DISTANCE OF 61 .28 FEET: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 150 FEET THROUGH A CENTRAL ANGLE OF 90° AN ARC DISTANCE OF 235 . 62 FEET; THENCE N 70°52'40" E A DISTANCE OF 102 . 57 FEET; THENCE N 84°41 ' 17" E A DISTANCE OF 144.35 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 180 FEET THROUGH A CENTRAL ANGLE OF 83 ° 19 '22" AN ARC DISTANCE OF 261 .77 FEET; THENCE N 01 °21 ' 55" E A DISTANCE OF 74.55 FEET; THENCE S 88°38 ' 05" E A DISTANCE OF 143 .00 FEET; THENCE S 01 °21 ' 55" W A DISTANCE OF 48 . 14 FEET; THENCE S 88°38 ' 05" E A DISTANCE OF 40.00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 430 FEET, THE CENTER OF WHICH BEARS N 88°38 '0S" W, THROUGH A CENTRAL ANGLE OF 49°28 '25" AN ARC DISTANCE OF 371 .30 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 150 FEET THROUGH A CENTRAL ANGLE OF 23 °25 ' 03 " AN ARC DISTANCE OF 61 .31 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 9.028 ACRES. SITUATE IN WHATCOM COUNTY, WASHINGTON STATE. END OF DESCRIPTION EXHIBIT A - Page 3 of 3 EXHIBIT B i • i I SgQ * _ f % ei ill' liii ) R g 1 ! ' I i 3 ¢ � • 1 i I II I I & i i • $ § 2� � m. 1 i 1 g : g 1Y U e _m 5 Pil 1 I ll 1 9 1 4 1 ( ( A--- X : ;? W • t „ - ' 111K _ __ . ,v,, , . . !MD _ I I_. , , , , . r .,,,,,, „ , , -, , .. I / , i .„1- .,.. 4 „,,,, W ' i a 6� t\ iU „ o K 1I pK' F 1 Q 'Q c "tI U ' t i. ..1��.` • i. � ! ■ CF.: I J V 1 • - J.— L ,h IP A �mI = lII t ■ 41 I m 9 t I S . y d r I g ,..... + R i St � 9 to _ c'$_m "+] ii,u I evii..syciat_ 741 ,4 i L'- 1 t i1 ia . 1ti %, — v .a> In Y 0 I: t -3- 0 Q iral 'I _.._..!- " = _ . _. . �.. ■ .._ .. �._.»..._..�. ....._ ._.._.. j.�.. I - aig I I I iii ►Mi 0 WV IY4I':6 IIOZ/6I/t iSe014-4tl-7-0-1104'3\sflWP P'SiriVpO+-IIOt\OIP30-0 66\66-N.-0\'b Exhibit C - Map s I _ ,rS >r . N, r.: iiY S , . t i ns Pt iC rC. 3 iiik.: :; ,.:( /all \ll .I.. ' _r ,. . SMITH RD. , - *4. »: ,�,„ ...... .. ., , trtr MITH RD. _ (RIUA) ® , ; a:../ . ..-il:411! R t:e a II.2:: • r. :wcw,. g ni urallj .' J.:, . ,f %�% i • i µ T %/�� . , tARSON RD _L i- ,�' Rural Tourism 4f, Øy$ !�� ( ural} — :mom ...Inc r R A RURPi.. s . E::r71r-° :. A. : it : u. � � (f/tAt//tAI III 0 City of Bellingham , I 1111 I I File #: PLN 2010-00024, PLN 2010-00025 b i t G:tni(rs Gil OMa0.111 M t uanY rY OM cow Proposed Rezoning and Comprehensive Plan Designation change IMPART tq*sisF(UIittlYM i(,\,tMfii �a0 . coo jA :::71x:1 cco Ensen Zoning Boundary waae.etit:N ...gwrwat roster w ilnyrn & *a 20"1 4 * g )) ry gaPOgwJ*m3 !lg9NwilHq[rnl.*in.zo auA still Zupi. s MtlNgwa'edtl t isus Reposed Rezone Area aeneg ns. •'�� a lythst“g.M"rat" .>' 4,y--4..1 r4 02 Wwq inn land WU6an COW Wean acv 341400W M Proposed Zoning - R-5A (not in parenthesis) Mal Mu.aCganMawanis.m Ms Mlaaut Existing Zoning - (R-10A) 0 165330 660 990. 1320 Ct sor;GO Proposed Comprehensive Plan Designation - Rural Tourism (not in parenthesis) 1 Feet Existing Comprehensive Plan Designation • (Rural) August MI by pk 1 t tr?0/2 $ 121 . 00 After recording return document to : Whatcom County . WA ZENDER THURSTON, P.S. Request of ZENDER THURSTON ATTN: ROBERT A. CARMICHAEL P.O. BOX 5226 BELLINGHAM, WA 98227 DOCUMENT TITLE: DEVELOPMENT AGREEMENT/R10A to R5A REFERENCE NUMBER OF RELATED DOCUMENT: N/A 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 1/4 in Sec 36, T39N, R2E Nn of NW 1/4 of Sec 1 , T38N, R3E ADDITIONAL LEGAL DESCRIPTION ON PAGE(S) 11 - 12 OF DOCUMENT. ASSESSOR' S TAX PARCEL NUMBER(S) : 390236 200270 0000 390236 445440 0000 380201 074504 0000 380201 202508 0000 EXHIBIT D DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this /Clay of „Thec.eg..se r , 2011 , 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, County has the authority under the laws of the State of Washington to enter into development agreements subject to the requirements of RCW 36 .70B ; and WHEREAS, Caitac owns real property identified as tax parcel numbers 390236 200270 0000, 390236 445440 0000, 380201 074504 0000, and 380201 202508 0000, consisting of approximately 579 acres, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (Caitac Property) ; and WHEREAS, County rezoned a portion of Caitac Property from R10A to R5A pursuant to Ordinance No. 2011 -051 , which is legally described in Exhibit B attached hereto and incorporated herein by this reference ("Rezone Property"); and WHEREAS, County held a public hearing on September 28, 2011 regarding this Development Agreement as required; and WHEREAS, Parties desire to enter into this Agreement in order to set forth in greater detail the provisions for: 1 . PERMIT REVIEW to ensure that Rezone Property is developed in a manner consistent with Caitac ' s land use entitlements, and County' s applicable codes, and design standards; 2. Retention of County VESTING status including submittal of subsequent subdivision, binding site plan, development permits, and/or building permit applications to County; 3 . CONSTRUCTION OF ROAD IMPROVEMENTS ; WHEREAS, County rezoned a portion of the Caitac Property from R10A to Tourist Commercial pursuant to Ordinance No. 2011 - 052 ("TC Rezone"); and WHEREAS, the parties are entering into a separate development agreement in connection with this TC Rezone, contemporaneous with this Agreement; and 1 WHEREAS, many of the obligations set forth in the development agreement associated with the TC Rezone are substantially the same or identical with obligations set forth in this Agreement; and WHEREAS , satisfaction of the obligations set forth in said development agreement associated with the TC Rezone shall be deemed satisfaction of obligations which are substantially similar or identical in this Agreement; and WHEREAS, satisfaction of the obligations set forth in this Agreement shall be deemed satisfaction of obligations which are substantially similar or identical in the TC Rezone development agreement; and WHEREAS , the foregoing recitals are a material part of this Agreement; NOW THEREFORE, for and in consideration of mutual covenants and agreements contained in this Agreement, the parties hereby covenant and agree as follows : Agreement 1 . Introduction. Upon County approval to rezone the Rezone Property from R10A to R5A, this Agreement shall govern development of Rezone Property described in Section 3 . 1 . 2. Property. Rezone Property subject to the rezone from R10A to R5A is located at 205 West Smith Road, Bellingham, Washington and is legally described at Exhibit B . 3 . Future Development of Property. 3 . 1 . Amount of future development: Caitac may develop up to One Hundred Fourteen ( 114) residential units within the Rezone Property, subject only to further State Environmental Policy Act "SEPA" review per Section 5 .3 and applicable County ordinances at the time project specific development application is filed. Caitac acknowledges that the number of residential units allowed in cluster subdivision(s) within Rezone Property could be reduced depending on site limitations discovered during the future project specific application process and SEPA review. Notwithstanding the foregoing, nothing herein shall be construed as a waiver of any of Caitac' s legal rights in connection with future SEPA review or project specific development applications. 3 .2. Rezone Property may remain in County and be developed under County jurisdiction, or the Rezone Property may be annexed to a city and developed under city jurisdiction. 2 3 .3 . County Review: County shall continue to review all land use permit applications for development of the Rezone Property that are filed before the effective date of annexation into a city. County review shall occur in accordance with the regulations to which applications are vested or provided for in this Agreement. 4. Permitted Uses. 4. 1 All uses currently allowed in the Rural zone (WCC 20.36) as shown on Exhibit C. 4.2 Caitac, in its discretion, may utilize the existing golf course and may further expand the existing golf course on Caitac Property to satisfy the reserve area requirements set forth at WCC 20.36.253 for the cluster development. The existing golf course and any expansion thereof will satisfy- the reserve area requirements set forth at WCC 20 .36.253 . The rezone from R10A to R5A shall not affect the right of Caitac to expand the golf course under the current conditional use permit. 5 . Environmental Review. 5 . 1 DNS Issued. Environmental review as required by SEPA was conducted per RCW 43 .21C. County issued a determination of non-significance (DNS) for the action to create Rezone Property on June 1 , 2011 , which became final on June 15 , 2011 . A true and correct copy of the DNS is attached hereto as Exhibit D and incorporated herein by reference. County will require further phased environmental review when a specific development project is proposed. WAC 197- 11 -060(5); WAC 197- 11 -776 . 5 .2 Critical Areas. The methodology that County will use to determine the boundaries, classifications, and required buffers 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 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. 5 .3 SEPA Review for Site Development Permits. Additional environmental review under SEPA will be required by County when Caitac submits its application(s) for site development. As part of such future environmental review in connection with application(s) for project development, it is expected that County will require a Traffic Impact Analysis, except as limited in Section 6. 1 , and a updated wetland delineation for that portion of the Rezone Property to which such future project development application applies. Any additional environmental review shall supplement the environmental review completed for the,rezone and will focus on impacts resulting from the specific development proposal not covered by the environmental review for the rezone. 3 6. Caitac Development Commitments and Mitigation Requirements If County rezones the Rezone Property to R5A, Caitac shall comply with the following development commitments and mitigation requirements if it decides to develop Rezone Property under the terms of this Agreement. These development commitments and mitigation requirements are consistent with, and more specific than, the requirements of the generally applicable County development regulations. 6. 1 . Roads 6 . 1 . 1 New Road Construction, Standards and Location. Before, or as a requirement of, project development, Caitac shall construct a new road servicing the existing clubhouse on the Caitac Property ("Clubhouse") from the south boundary of the Caitac Property (hereafter "New Rural Major Collector Arterial Road"). This New Rural Major Collector Arterial Road shall be constructed to the County' s functional classification of rural major arterial and collector road standards as set forth in Table 1 , Chapter 5 of County Road Standards, as modified to the design standards shown in Exhibit E (hereafter "Modified Rural Major Collector Arterial Road Standard"). The New Rural Major Collector Arterial Road shall be constructed to the Modified Rural Major Collector Arterial Road Standard. The New Rural Major Collector Arterial Road may connect with the existing north- south private road and will serve Rezone Property. Road construction of the New Rural Major Collector Arterial Road shall be subject to environmental review under County ordinances at the time of application for construction of said road, except as limited in Section 6. 1 .2. The New Rural Major Collector Arterial Road shall be considered a public road at the time of construction (prior to dedication) for purposes Chapter 16. 16 WCC. In the event Caitac exercises its right to construct the New Rural Major Collector Arterial Road prior to development of the Rezone Property or development of the Caitac Property associated with the TC Rezone (see Section 6. 1 .2 below), the County shall not require further upgrade or improvement to the New Rural Major Collector Arterial Road at the time of such development. Caitac shall have the right to build the New Rural Major Collector Arterial Road to standards exceeding the County' s rural major arterial and collector road standards and exceeding the Modified Rural Major Collector Arterial Road Standard; subject to prior consent of the County Engineer, which consent shall not be unreasonably withheld, and subject to any additional required environmental review. 6. 1 .2 Timing of New Rural Major Collector Arterial Road. Caitac shall have the right, without the necessity of a Traffic Impact Analysis, to construct the New Rural Major Collector Arterial Road between the south boundary of the Caitac Property and the Clubhouse, prior to development of the Rezone Property or prior to development of that portion of Caitac Property associated with the TC Rezone. Road construction will be subject to applicable County approval requirements, as 4 modified herein. Timing of construction of this New Rural Major Collector Arterial Road between the south boundary of Caitac Property and the Clubhouse shall be determined by County at time of future development permit application(s), unless the New Rural Major Collector Arterial Road is constructed earlier at Caitac' s discretion. The New Rural Major Arterial Collector Road will be constructed to align with an existing or city planned arterial-type road, or an existing or city planned arterial-type right-of-way, located south of the Caitac Property. 6. 1 .3 Dedication of New Rural Major Collector Arterial Road. Caitac shall dedicate a minimum sixty (60 ' ) foot wide public right-of-way to the County for the entire length and necessary width of the New Rural Major Collector Arterial Road plus any extension thereof to its connection with a public road, and the County shall accept same, when the following events occur: (a) Caitac completes construction of, with County approval, improvement of the existing north-south private road located north of the existing parking lot and Clubhouse which shall connect to the southern boundary of the Caitac Property, or in the alternative, Caitac completes construction of, with County approval, a connection to Guide Meridian which shall connect to the southern boundary of the Caitac Property; and (b) the New Rural Major Collector Arterial Road connecting to the south boundary of the Caitac Property has been constructed and approved by the County. Approval of proposed construction of the road improvements described in subsection (a) above may, in the discretion of the County, require a Traffic Impact Analysis and additional lawful conditions and requirements . The connection of the New Rural Major Collector Arterial Road with the south boundary of Caitac Property shall be at a location determined by Caitac. Land area dedicated to the County for public right-of-way pursuant to this Agreement shall be included in authorized gross density for the Caitac Property in the same manner as computed for adjoining road rights-of-way on parcels five acres or greater pursuant to WCC 20.97 . 170. 6. 1 .4 Existing North-South Private Road. The New Rural Major Collector Arterial Road construction requirement and rights associated therewith applies only to construction of a new road from the southern boundary of the Caitac Property to service the Clubhouse and the southern terminus of the existing north-south private road on the Caitac Property. Construction of the New Rural Major Collector Arterial Road shall not by itself be considered project development. The existing north-south private road may remain in its current condition, subject to the County' s right to require improvements thereto at the time of project development. Improvements to the existing north-south private road may be required by the County so long as the required improvements are consistent with state law, county ordinances, and county development standards at the time application is filed for project development. The Modified Rural Major Collector Arterial Road Standard identified in Section 6. 1 . 1 shall be used if improvements to the existing north-south private road are required by the County, so long as consistent with state law. 5 6. 1 . 5 Additional Road. Caitac may construct at least one (1) private road to connect with the New Rural Major Collector Arterial Road plus any extension thereof . Construction of such private road(s) shall be in accordance with County private road standards in effect at the time of project development, subject to Sections 6 .2 and 6.3 , and shall be subject to additional environmental and traffic review as described in Section 5 . 6. 1 .6 Relationship with TC Rezone Development Agreement. Satisfaction of the terms in this Section pertaining to road construction shall also be deemed satisfaction of the terms set forth in Section 6. 1 of the TC Rezone development agreement. 6. 1 .7 Effect of Road Construction. In no event shall construction of the New Rural Major Collector Arterial Road or other road at any time require or obligate Caitac to proceed with development of the Rezone Property pursuant to this Agreement. 6.2 Caitac shall cluster residential development on the Rezone Property so long as Rezone Property is zoned RSA; except that, Caitac may establish residential parcels of twenty (20) acres or more in size by exempt subdivision or other means of land division outside of . a cluster subdivision process. Caitac is under no obligation to cluster residential development should said property be annexed into a city or included within County' s urban growth area. Lot Clustering requirements shall be consistent with the applicable lot clustering, minimum lot size and minimum reserve area language in the county code at the time the project specific development application is filed; except as provided herein. Caitac also agrees to the additional obligation that lot clustering shall be accomplished so that there will be a minimum reserve area of ninety percent (90%), so long as all public and private arterials and roads, stormwater ponds, water tanks, water lines, septic, drainfield and wastewater infrastructure, and other utilities, may be located and included within said ninety percent (90%) reserve area. 6.3 The design of all roads and/or stormwater systems as related to development of the Caitac Property pursuant to this Agreement shall be consistent with the Department of Ecology Stormwater Management Manual for Western Washington ("DOE Manual"), that is in effect at the time Caitac submits a complete development permit application that proposes to construct said road and/or stormwater systems. Caitac shall incorporate site- appropriate low impact development ("LID") techniques from the DOE Manual. Caitac shall construct interior roads on the Caitac Property in accordance with county special district road LID standards shown on Drawing 505 .0-2 or 505.0-4 in Chapter 5 Road Standards of the Whatcom County Development Standards, attached as Exhibit F; or in the alternative, to other LID standards mutually agreed upon by the parties. 6.4 All landscaping in the public right-of-way for the New Rural Major Collector Arterial Road and immediately adjacent to the pedestrian pathway whether within or outside of said right-of-way shall be subject to approval of County prior to planting. The County shall be responsible for maintenance of landscaping and vegetation within the public 6 right-of-way up to and including the pedestrian pathway and its edges, and also for any portions of the pedestrian pathway outside the public right-of-way; except that, the County shall not be responsible for maintaining vegetation beyond the pedestrian pathway (opposite side of path from road) even for such areas within the public right-of- way. 7. Vesting. Existing County ordinances and regulations and other existing laws and regulations administered by County as of the date of execution of this Agreement will apply to govern development of Rezone Property for the duration of this Agreement; except that, this provision shall not apply to, and there shall be no vesting of rights for, the following: County Health Code, Title 24 WCC; County Building Code, Title 15 ; Whatcom County Development Standards, (all chapters thereof, except as otherwise provided for the New Rural Major Collector Arterial Road under Section 6. 1 ); County concurrency requirements and service levels associated with off-site roads and traffic impacts. Further, County reserves the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. In the event current limitations on the number and spacing of clustered lots are removed from County ordinance subsequent to the date of execution of this Agreement, said limitations shall not apply to future development. In addition, in the event stormwater, wastewater, or related facilities are added as permitted uses, accessory uses, administratively approved uses, or conditional uses in the rural zone by a County ordinance subsequent to the date of execution of this Agreement, said uses shall be allowed as provided in any such subsequently adopted ordinance(s). 8 . General Provisions. 8 . 1 . Notices. Notices, demands, and correspondence to County and Caitac and/or then current Landowner shall be sufficiently given if dispatched by pre-paid first-class mail to the addresses of the Parties as designated. The Parties hereto may, from time to time, advise the other of new addresses for such notices, demands, or correspondence. Caitac Whatcom County Planning & Development 205 West Smith Road 5280 Northwest Drive Bellingham, WA 98226 Bellingham, WA 98226 8 .2. Recording; Binding on Successors and Assigns. This Agreement and any amendment thereto shall be filed for recording with the Whatcom County Auditor at Caitac' s expense following approval of (a) the rezone as described in the third paragraph in the Recitals section herein; (b) a LAMIRD designation for the Rezone Property; and (c) final expiration of any and all possible appeal periods related to said approvals. The terms and conditions of this Agreement are intended to be and shall constitute covenants running with the land and shall be binding upon and benefit the successors in interest and assigns of the Parties, for the benefit and burden of Rezone Property. 7 8 .3 . Amendments. This Agreement may be changed, modified, or amended only by written agreement executed by the Parties hereto. 8 .4. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 8 .5. Dispute Resolution. All claims, disputes and other matters in question between Caitac and County shall, in the first instance, be subject to a non binding mediation proceeding. In the event that the Parties fail to reach an agreement after mediation, the Parties agree to submit the matter in question to arbitration under RCW 7. 04A. 8 . 5 . 1 Either Party may notify the other, by certified mail, of the existence of a claim or dispute. If such claim or dispute cannot promptly be resolved by the Parties, Caitac shall promptly contact the Judicial Arbitration and Mediation Service, Inc. , or any other recognized mediation service agreed to by the Parties, to arrange for the engagement and appointment of a mediator for the purpose of assisting the parties to amicably resolve the claim or dispute. The cost of the mediator shall be borne equally by the Parties. Mediation shall take place within (60) days following issuance of the written notice of a claim or dispute. The Parties shall cooperate fully with the appointed mediator's attempt to resolve the claim or dispute, and also agree that arbitration may not be commenced, by either Party, until at least one mediation session has taken place. This mediation provision may be asserted by either Party as grounds for staying such arbitration. 8 .5 .2 The Parties mutually agree to submit to private binding arbitration under the provisions of RCW Chapter 7.04A upon receipt of written notice of intent to arbitrate. All costs including compensation of the arbitrator are payable by each Party separately in equal shares. If the Parties cannot agree on an arbitrator the arbitrator shall be selected by the presiding superior court judge of Whatcom County. 8 . 6. Duration. This Agreement shall expire and /or terminate upon the earliest of the following : (a) fifteen ( 15) years from the date of this Agreement; (b) the date upon which Rezone Property has been fully developed as described herein and all of Caitac' s obligations in connection therewith are satisfied as determined by County; (c) annexation into a city; (d) Caitac completes and the County approves a development materially different than and in lieu of the development described in Section 3 . 1 ; or (e) upon mutual agreement of the Parties. 8 .7. Applicability. Notwithstanding any other provision in this Agreement, County may not require Caitac to develop any or all of Rezone Property within the term of this Agreement. Under no circumstance shall Caitac be liable for its failure to do so. In addition, nothing in this Agreement shall prohibit Caitac from seeking and obtaining approval for a development project materially different from what is described in Section 3 . 1 herein. 8 8 . 8 . No Third Party Beneficiaries. This Agreement is between the County and Caitac and is not intended to be for the direct or indirect benefit of any third parties. The County and Caitac hereby declare their intent that this Agreement shall not give rise to any third party enforcement right of any kind. 8 .9. Severability. If any section, subsection, sentence, clause, or phrase in this Agreement is for any reason held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 8. 10. Effective Date. This Agreement shall be effective on the date noted at the top of page 1 . All costs of recording shall be borne by Caitac. 8 . 11 . Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the Parties. No understanding, verbal or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the Parties hereto. AGREED as of the date first set forth above. WHATCOM COUNTY, a political CAITAC USA CORP, a Washi • • • subdivisio of the state of Washington ;;70ti0;ra By: Agri Executive Its : arnigrar 1450/se I ATTEST: Its : Deputy Prosecu g Attorney APPROVED AS TO FORM By. 1am ` � Its: De ut Prosecu m tto 4, p Y g 9 STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) O this day personally appeared before me ?w7/'t-. &earn tr.) , to me known to be the yes) 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 A is authorized to execute said instrument. GIVEN under my hand and official seal this / 3116 day op ye c •nnhtr , 2011 . E °°• �:•• • pN °• Air,*. I Print Name o. ° As l: 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. 11 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. 12 Caitac Property to be Zone R5A Parcel A 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 Judgment and Decree of Appropriation, under Whatcom County Superior Court Cause No . 04-2-01581 -9, filed on July 18, 2005 . 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. EXHIBIT B - Page 1 of 3 Caitac Property to be Zone RSA Parcel B 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. EXCEPT LOTS 10, 11 , 12, AND 13 OF BLOCK 2 OF SAID PLAT OF BELDON ACRES. EXCEPT THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER AND THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 36, T 38 N, R 2 E, W.M. BEING RESERVED FOR TC ZONING DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE S O1 ° 19'05 " W ALONG THE EASTERLY LIMITS OF SAID NORTHEAST QUARTER, SAID BEARING PER RECORD OF SURVEY RECORDED UNDER WHATCOM COUNTY AUDITOR' S FILE NO. 2011102191 , A DISTANCE OF 2654.75 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 36; THENCE N 88°36' 10" W ALONG THE SOUTHERLY LIMITS OF SAID QUARTER A DISTANCE OF 1994. 88 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 150 FEET, THE CENTER OF WHICH BEARS S 62°34'43 " E, THOUGH A CENTRAL ANGLE OF 23 °03 '20", AN ARC DISTANCE OF 60.36 FEET; THENCE S 04°21 '57" W A DISTANCE OF 312. 58 FEET; THENCE S 17°55 ' 16" W A DISTANCE OF 334. 13 FEET; THENCE S 24° 11 ' 19" W A DISTANCE OF 479.94 FEET; THENCE N 89°43 '29" W A DISTANCE OF 241 .35 FEET; THENCE N 30°48' 06" E A DISTANCE OF 80.04 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200 FEET THROUGH A CENTRAL ANGLE OF 30°39'05" AN ARC DISTANCE OF 106.99 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF. 130 FEET THROUGH A CENTRAL ANGLE OF 71 °30'25" AN ARC DISTANCE OF 162.24 FEET; THENCE N 10°03 ' 14" W A DISTANCE OF 52.08 FEET; EXHIBIT B - Page 2 of 3 Caitac Property to be Zone RSA THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 70 FEET THROUGH A CENTRAL ANGLE OF 48°07 ' 08" AN ARC DISTANCE OF 58 .79 FEET; THENCE N 38°03 ' 54" E A DISTANCE OF 95.31 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 100 FEET THROUGH A CENTRAL ANGLE OF 55° 18 '29" AN ARC DISTANCE OF 96 .53 FEET; THENCE N 17° 14' 35" W A DISTANCE OF 59.73 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 120 FEET THROUGH A CENTRAL ANGLE OF 66°44 ' 02" AN ARC DISTANCE OF 139.77 FEET; • THENCE N 49°29 '27" E A DISTANCE OF 46. 13 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 180 FEET THROUGH A CENTRAL ANGLE OF 38° 11 ' 50" AN ARC DISTANCE OF 120.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 120 FEET THROUGH A CENTRAL ANGLE 38° 11 ' 50" AN ARC DISTANCE OF 80.00 FEET; THENCE N 26°54' 13" W A DISTANCE OF 136.00 FEET; THENCE S 70°52 ' 40" W A DISTANCE OF 197.91 FEET; THENCE N 19°07' 20" W A DISTANCE OF 61 .28 FEET: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 150 FEET THROUGH A CENTRAL ANGLE OF 90° AN ARC DISTANCE OF 235.62 FEET; THENCE N 70°52 '40" E A DISTANCE OF 102.57 FEET; THENCE N 84°41 ' 17" E A DISTANCE OF 144.35 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 180 FEET THROUGH A CENTRAL ANGLE OF 83 ° 19'22" AN ARC DISTANCE OF 261 .77 FEET; THENCE N O1 °21 ' 55" E A DISTANCE OF 74.55 FEET; THENCE S 88°38 ' 05" E A DISTANCE OF 143 .00 FEET; THENCE S O1 °21 ' 55" W A DISTANCE OF 48 . 14 FEET; THENCE S 88°38' 05" E A DISTANCE OF 40.00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 430 FEET, THE CENTER OF WHICH BEARS N 88°38 ' 05" W, THROUGH A CENTRAL ANGLE OF 49°28 '25" AN ARC DISTANCE OF 371 .30 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 150 FEET THROUGH A CENTRAL ANGLE OF 23 °25 ' 03 " AN ARC DISTANCE OF 61 .31 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 9.028 ACRES. SITUATE IN WHATCOM COUNTY, WASHINGTON STATE. END OF DESCRIPTION EXHIBIT B - Page 3 of 3 20.36 . 050 Permitted uses. Subject to the provisions of Chapter 20 . 38 WCC , Agriculture Protection Overlay Zone , 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) . .051 One single-family detached dwelling per lot. . 052 Agriculture including animal husbandry, horticulture , viticulture , floriculture and beekeeping ; and the cultivation of crops . . 053 Sod farming ; provided , that removal of such material does not exceed 500 cubic yards of soil per year. .054 Fish farms , and aquaculture and mariculture projects ; provided , that no new seafood or fish-raising facilities or ponds shall be located within 1 , 000 feet of agricultural operations requiring pesticide , and/or herbicide applications as part of their normal farm practices . .055 Small wood lot management, tree farming , commercial forestry and reforestation , including the temporary use of portable management harvesting or processing equipment. . 056 Private , noncommercial , recreation occupancy of a recreational vehicle ; provided , that the following minimum requirements and standards are met and/or followed : ( 1 ) Maximum length of stay of any recreational vehicle on a lot shall not exceed a total of 120 days per calendar year; provided , that no accessory guest RV shall remain on the subject lot for more than 14 consecutive days nor more than 30 days total per calendar year. (2) If the subject lot is located within : (a) Rural , one dwelling unit per two acres (R2A) , one recreational vehicle and one accessory guest RV per lot shall be allowed . (b) Rural , one dwelling unit per five acres (R5A) , or rural , one dwelling unit per 10 acres (R10A) , one recreational vehicle and one accessory guest RV may be allowed per each additional two acres of the subject lot. The total number of recreational vehicles on a single lot at one time shall not exceed five. EXHIBIT C — Page 1 of 17 (3) In the case of a special event or occasion : (a) Any proponent of a temporary special event which requires a total allowable number of RVs that exceeds the standard maximum allowed , shall file an affidavit with the department of planning and development services which specifies the nature of the special event, location , the specified days of the proposed use and the sanitation and wastewater disposal facilities proposed for the event. (b) The duration of the temporary special event shall include the days the use is being set up and established as well as when the event actually takes place. (c) A parcel shall host no more than three temporary special events within a calendar year; provided , that the time periods specified in subsection ( 1 ) of this section are not exceeded . (4) All recreational vehicles that remain on the site for more than 14 consecutive days shall be connected to .a permitted on-site sewage system or public sewer or shall provide documentation that wastewater was removed by a licensed sanitary disposal service . (5) All recreational vehicles shall be screened from neighboring properties not using RVs and from public roads . Such screening may consist of landscaped buffer areas , suitable native vegetation or a fence. (6) Lots shall not be leased or rented out on a daily or overnight basis for recreational use. (7) The locations of parked RVs on vacant lots shall observe normal building setback standards for a single-family residence . (8) All recreational vehicles shall be supported by their own wheels or camper jacks , and not be fastened to accessory structures . Placement of a recreational vehicle on a foundation or removal of the wheels of a recreational vehicle, except for temporary purposes for repair, is prohibited . . 057 Noncommercial extraction of sand , gravel or both for farm enhancement purposes ; provided all materials extracted remain on land owned or leased by the farmer for agricultural purposes . .058 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program . EXHIBIT C — Page 2 of 17 .060 Public uses associated with government office buildings ; public works maintenance yards or facilities , such as shops ; storage buildings ; and athletic fields and associated facilities if located within the current county complex at Northwest and Smith Roads . Other government or quasi-government uses of similar or complementary types would also be allowed if such uses are compatible with the character of existing facilities and the surrounding neighborhood . Facilities that do not conform to the current pattern of use , including , but not limited to , jail facilities or hazardous waste facilities , that could reasonably be expected to arouse the concern or alarm of the public, or that are incompatible with the surrounding neighborhood , shall require normal conditional use review. .061 One one-story detached accessory storage building per lot; provided , that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting . .064 Public parks and recreation facilities included in an adopted city or county. Comprehensive Plan or Park Plan . .065 Trails , trailheads , restroom facilities and associated parking areas for no more than 30 vehicles . .088 Adult family homes as defined in Chapter 70 . 128 RCW. .089 Boarding homes that are similar in size , facilities and occupancy to other residential structures permitted in the zoning district. .090 Mental health facilities that provide residential treatment and are similar in size , facilities and occupancy to other residential structures permitted in the zoning district. . 091 Substance abuse facilities that provide residential treatment and are similar in size , facilities and occupancy to other residential structures permitted in the zoning district. .092 Within rural communities and short-term planning areas only, public schools ; and parochial or private schools ; provided such schools shall be approved by the State Superintendent of Public Instruction . (Ord . 2011 -013 § 2 Exh . B, 2011 ; Ord . 2005-079 § 1 , 2005 ; Ord . 2004-026 § 1 , 2004 ; Ord . 2004-014 § 2 , 2004; Ord . 2000-040 § 1 , 2000 ; Ord . 99-068, 1999 ; Ord . 99-062 , 1999 ; Ord . 99-035 § 1 , 1999 ; Ord . 98-083 Exh . A § 38 , 1998 ; Ord . 97-069 , 1997 ; Ord . 92-079 , 1992 ; Ord . 88-29 , 1988) . 20.36. 100 Accessory uses. EXHIBIT C — Page 3 of 17 . 101 Home occupations pursuant to WCC 20 . 84 . 150 . . 102 Private noncommercial boat docks , launches , ramps , floats , moorages and boathouses pursuant to the Whatcom County Shoreline Management Program . . 103 Other accessory uses incidental to the primary permitted uses . . 104 Temporary dwelling units which have full living accommodations including sleeping , self-contained cooking , bathing , and toilet facilities where the plumbing is connected to permanent site sewage and water systems , including those travel trailers and recreational vehicles that meet the above description , for use by owners during the period of construction of a permanent dwelling while building permit is valid , not to exceed two years . . 105 ( 1 ) The usual wholesale marketing activities associated with the agricultural , aquacultural , forestry, and mineral resource uses permitted in this district. (2) Retail marketing , by the operator, of Whatcom County products which originate from the permitted uses stated in WCC 20 . 36 . 052 and 2036 . 055 provided : (a) Only one stand containing not more than 500 square feet of floor area shall be permitted ; (b) Such stand shall be subject to the setback requirements of WCC 20 . 80 . 200 ; and (c) Such stand shall be provided with a sufficient area to permit at least five automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward motion . . 106 Utilization of sewage sludge on land when regulated by a utilization permit issued by the Bellingham-Whatcom County district department of public health in accordance with WAC 173-304-300 . This would apply to any land owned or leased by the same operator. . 107 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 . . 108 Family day care homes subject to the requirements of WCC 20 . 84. 150 for home occupations . EXHIBIT C — Page 4 of 17 . 109 Bed and breakfast establishments. (Ord . 2010-030 § 1 (Exh . A) , 2010 ; Ord . 2009- 034 § 1 (Att. A) , 2009 ; Ord . 2009-033 § 1 (Att. A) , 2009 ; Ord . 96-056 Att. A § H1 , 1996 ; Ord . 89- 10 , 1989 ; Ord . 87-84, 1987; Ord . 87-23 , 1987 ; Ord . 87- 12 , 1987 ; Ord . 87- 11 , 1987) . 20 . 36. 130 Administrative approval uses. The following uses are permitted subject to administrative approval pursuant to WCC 20 . 84 . 235 . . 131 A temporary second dwelling unit of no more than 1 , 248 square feet in floor area , in the form of a manufactured home, a fully serviced travel trailer or motor home , to provide : ( 1 ) A temporary dwelling space for family members who , due to professionally documented physical or mental disorders, or risks of such disorders, require supervision and care where such care is provided by members of the family who reside on the property; or (2) A temporary dwelling space for a person providing care for the resident owner of the subject property when said owner needs supervision and care as described in ( 1 ) above . Approval Requirements : Administrative approval for temporary second dwelling units shall be approved if it is determined that the proposal meets the following requirements : ( 1 ) Temporary second dwelling units shall only be permitted on fully serviced parcels on which the applicant can meet setback, ingress , egress , height restrictions , and lot coverage requirements . (2) The size of the temporary shall be appropriate to the use and size of the parcel and shall be limited so as to comply with the standards set forth in ( 1 ) above. (3) The temporary home shall be connected to an approved water supply and adequate capacity sewage disposal system approved by the Whatcom County health department. (4) When care is no longer necessary, the temporary home shall be removed within 60 days . EXHIBIT C — Page 5 of 17 (5) The permit shall be valid for one year. The permit may be extended on a yearly basis ; provided , that an affidavit is furnished by the permittee affirming that the circumstances allowing the original permit remain in effect. (6) A covenant shall be filed that restricts sale of the property while the temporary dwelling is in place . (7) The use will not be hazardous or disturbing to existing or future neighboring uses . (8) Evidence of adequate off-street parking space shall be provided . (9) There shall be no occupancy of the temporary dwelling outside the conditions under which the temporary dwelling is permitted pursuant to this section . ( 10) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with current Washington Administrative Code (WAC) . Penalties : False statements on supporting documentation submitted with the application or failure to comply with any of the approval requirements may be cause for revocation of the permit and prosecution . . 132 Accessory apartments or detached accessory dwelling units to single-family dwellings ; provided , that all of the following requirements are met: ( 1 ) In addition to an existing or permitted dwelling , there shall be no more than one accessory apartment or detached accessory dwelling unit per lot; (2) The owner(s) of the single-family lot upon which the accessory apartment or detached accessory dwelling unit is located shall occupy as their primary domicile at least one of the dwelling units on that lot; (3) Proof that adequate provisions have been made for potable water, wastewater disposal , and stormwater runoff for the additional dwelling unit must be obtained prior to application for a building permit; (4) There shall be only one front entrance to the house visible from the front yard and street for houses with accessory apartments and only one additional entrance visible from the front yard for detached accessory dwelling units ; (5) Accessory apartments and detached accessory units shall be clearly a subordinate part of an existing residence; EXHIBIT C — Page 6 of 17 (6) In no case shall an accessory apartment or detached dwelling unit be larger than 1 , 248 square feet in floor area ; (7) Long plats and short plats which are granted after January 25 , 1994 , shall be marked , specifically designating lots allowed to be developed with accessory apartments or detached accessory dwelling units at the option of the developer for future individual owners . Accessory apartments and detached accessory dwelling units shall be prohibited on : (a) All lots in long plats which received preliminary plat approval after January 25 , 1994 , unless those lots have been specifically marked for such use through the long plat process ; (b) All lots within short plats which received approval after January 25 , 1994 , unless those lots have been specifically marked for such use through the short plat process; (c) All reserve tracts within long plats and short plats created by the cluster subdivision method ; (8) A common driveway serving both the existing unit and any accessory unit shall be used to the greatest extent possible; (9) A deed restriction is recorded with the Whatcom County auditor prior to building permit issuance , stating : (a) Detached accessory dwelling units and associated land cannot be financed or sold separately from the original dwelling , except in the event the zoning permits such a land division ; and (b) One of the dwellings must be the primary domicile of the owner; ( 10) Outside of an urban growth area , the minimum lot size for detached accessory units shall be on a lot of record no less than 4 . 5 acres , unless the parcel is large enough to accommodate two dwelling units consistent with the underlying zoning density; (11 ) Accessory apartments and detached accessory dwelling units to single-family dwellings are allowed within the Lake Whatcom watershed , only under the following circumstances: • (a) Development of the parcel with the primary residence and accessory apartment or detached accessory dwelling shall conform to the density of the EXHIBIT C — Page 7 of 17 zoning district in which it is located . Adjacent properties in the same ownership may be bound by covenant to comply with the underlying zoning density; and (b) All of the above approval requirements shall be met for so long as the accessory unit remains ; ( 12) Detached accessory dwelling units shall be located so as to minimize visual impact to the public right-of-way and to adjacent properties . Location in immediate proximity to the primary residence is preferred . Location closer to property lines than to the primary residence may be considered by the administrator when such location serves the goal of reducing overall visual impact to public right-of-way and adjacent properties , and such location still meets the setback requirements as stated in Chapter 20 . 80 WCC . To minimize environmental and visual impact the applicant may be required to provide fencing and/or planting to screen the unit from public right-of-way and adjacent properties ; ( 13) All mobile homes must demonstrate compliance with minimum HUD Fire Safety Standards and compliance with Washington Administrative Code (WAC) . . 133 Surface mining subject to Washington State's Surface Mining Act (Chapter 78 .44 RCW) , and accessory washing and sorting , when within a Mineral Resource Land Special District subject to the requirements of Chapter 20 . 73 WCC and all other applicable regulations . . 134 Mini-day care homes . . 135 Cottage industries employing no more than two on-site people other than family members residing on the premises ; provided , that in addition to the criteria found in WCC 20 . 84 . 220 and 20 . 97. 089 : ( 1 ) The zoning administrator, at his or her discretion , may place limitations on the square footage in an existing or new structure used for a cottage industry and construction of new buildings to house said activity shall not, in any case , exceed 2 , 500 square feet of total floor area . The total land area used for buildings and outside storage or other uses related to the cottage industry shall not exceed 10 , 000 square feet or 25 percent of the site, whichever is less . (2) The parcel size shall not be less than one acre. EXHIBIT C — Page 8 of 17 (3) In the event materials will be stored outdoors , the zoning administrator shall require adequate landscaping , screening , or other devices in order that the material will not be visible by surrounding uses or roads . (4) One nonilluminated sign , not to exceed eight square feet in size , mounted on the property, is permitted . A larger sign up to 32 square feet may be approved by the hearing examiner as a conditional use . (5) Seasonal employees working less than 21 days per year will not be counted as employees if they are engaged in work directly related to agriculture or forestry. . 136 In R5A and R10A zoning districts , the processing of agricultural products that originate from the permitted uses in WCC 20 .40 . 050 , provided the following criteria are met: ( 1 ) The facility is not a slaughterhouse or mushroom substrate production facility. (2) The facility is supplemental and related to the primary permitted use . (3) The facility processes at least 50 percent agricultural goods produced in Whatcom County and which originate from permitted uses . (4) The facility employs no more than 10 permanent employees. (5) The facility does not exceed 10 , 000 square feet in proposed and existing buildings (as defined by WCC 20 . 97 . 035) devoted to agricultural processing . (Ord . 2010-016 § 1 (Exh . A) , 2010 ; Ord . 2009-034 § 1 (Att . A) , 2009 ; Ord . 2006-061 § 1 (Att. A) (7) , 2006 ; Ord . 2006-048 § 1 (Exh . A) , 2006 ; Ord . 2005-079 § 1 , 2005 ; Ord . 2001 -012 § 1 , 2001 ; Ord . 99-068 , 1999 ; Ord . 98-018 § 1 , 1998 ; Ord . 97-069 , 1997; Ord . 95-031 , 1995 ; Ord . 91 -009 , 1991 ; Ord . 87-12 , 1987 ; Ord . 87- 11 , 1987) . 20.36 . 140 Pre-existing multifamily farmworker housing exemption .1 This section recognizes the existence of multifamily farmworker housing located within the Rural Zone and the need to retain existing multifamily farmworker housing whenever possible to maintain the necessary infrastructure for the local farm economy. This section allows for the transfer of ownership of existing multifamily farmworker housing developments to recognized not-for-profit housing agencies or individuals or enterprises whose primary business is agricultural production by administrative approval when the following criteria are met: . EXHIBIT C — Page 9 of 17 ( 1 ) The structure(s) were constructed before January 1 , 1990 , within the Rural Zoning District, for the purpose of providing multifamily full-time or part-time accommodation of individuals and their families engaged in farm work as their primary employment. (2) The minimum parcel size shall comply with the specific Rural acreage designation (R5A, R10A) but shall not be less than five acres . (3) The parcel was created by short plat or exempt subdivision pursuant to the requirements of WCC Title 21 , Land Division Regulations . (4) The structure was constructed in accordance with all building , health , safety and land use requirements in effect at the time of original construction . (5) There is evidence of adequate potable water and sewage disposal . (6) The development shall retain all the specified components and amenities as identified in the original permit approval . Units originally approved as part-time units may be established as full-time units if the administrator finds that adequate services and local infrastructure are available to accommodate the conversion and the approval of such conversions will not seriously alter the existing or future neighborhood uses . (7) Restrictions on the title of the parcel containing the multifamily development which : (a) Restrict future use of the structure as multifamily housing for farmworkers and their families for the life of the structure; (b) Restrict sale of the structure to not-for-profit housing agencies , or individuals or enterprises whose primary business is agricultural production . (Ord . 2006-049 § 1 (Exh . A) , 2006 ; Ord . 2003-021 ) . 20. 36. 150 Conditional uses . Items indicated by an "*" are not allowed outside rural communities and short-term planning areas unless the applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal requirements or standards; or that the proposed location is the most efficient place for the proposed use with respect to providing needed services to the public. . 151 Public and community facilities including police and fire stations , libraries, community centers , recreation facilities, and other similar noncommercial uses, excluding correction facilities . * EXHIBIT C — Page 10 of 17 . 152 Outside rural communities and short-term planning areas only, public schools ; and parochial or private schools ; provided such schools shall be approved by the State Superintendent of Public Instruction . * . 153 Churches , educational and religious training institutions , summer camps and cemeteries. . 154 Retirement and convalescent homes ; social and health rehabilitation centers ; day care centers ; mini-day care centers ; and adult care centers not in a family dwelling ; and other health-related services consistent with the purpose of the district. * . 155 Animal hospitals and accessory kennels and stables provided : ( 1 ) No building or animal enclosure shall be located closer than 50 feet from the external property lines ; (2) Such facilities must have a waste disposal program approved by the county health department; and (3) Such facilities shall be operated at all times in a manner specifically designed to prevent the use of the facilities from becoming a nuisance, either public or private ; and the hearing examiner shall require of the applicant a detailed program to minimize potential annoying effects ; said program to be recorded as one of the conditions attached to the permit. . 156 Commercial kennels and stables intended for the boarding or training of domestic animals . . 157 Housing or camping facilities to accommodate seasonal or permanent agricultural employees provided : ( 1 ) Such facilities shall be located at least 50 feet from the external property lines; (2) Such facilities shall conform with applicable building and health regulations ; (3) Such facilities shall be occupied only by agricultural employees and their immediate families ; and (4) Permanent housing shall not exceed the density of the zone and a covenant shall be filed with the county auditor stating the residence cannot be sold or leased without proper subdivision approval . EXHIBIT C - Page 11 of 17 . 158 Aircraft landing areas when solely for personal (aircraft based at those landing areas are owned or controlled by the landowner or tenant and subject to any limitations deemed necessary by the hearing examiner) uses; provided the centerline of any such landing area shall not be located within 500 feet of any property line , building , or structure ; except that a legal affidavit from adjacent property owner(s) allowing all , or a portion , of that 500 feet as a recorded easement on their property, presented as part of a conditional use permit application , shall be acceptable . The surface of any such landing areas shall be grass or sod and not longer than 2 , 500 feet. It shall be unlighted and for daytime use only. Fuels and lubricants associated with the operation of personal use aircraft will be stored and handled in accordance with pertinent state and county codes . All aircraft and pilots must comply with all current Federal Aviation Regulations for the maintenance and operation of aircraft. Notification of conditional use permit application hearing shall go , by first class mail , to residents within 1 , 000 feet from any point on a proposed aircraft landing area ; the applicant shall pay the cost of such mailings . . 159 Surface mining and accessory washing and sorting outside of short-term planning areas; provided , that: . ( 1 ) The activity is not subject to Washington State's Surface Mining Act (Chapter 78 .44 RCW) . . (2) The activity will not result in excavation or equipment within 50 feet of county road rights-of-way. (3) The activity will not result in excavation or equipment within 50 feet of the exterior property lines of the site , except in the case of two contiguous operations in which case by mutual consent this setback can be zero . (4) Reclaimed side slopes shall not be steeper than three feet horizontal to one foot vertical for unconsolidated materials . (5) At minimum , the operations shall adhere to the development and performance • standards of WCC 20 . 73 . 650 and 20 . 73 . 700 . (6) All topsoil remains on site for use in subsequent reclamation . (7) No soil erosion or sedimentation will occur beyond the exterior property lines of the site . EXHIBIT C — Page 12 of 17 (8) No excavation shall occur within the five-year zone of contribution for designated wellhead protection areas . Excavations may occur within the 10-year zone of contribution outside of the five-year zone of contribution if they are not within 10 vertical feet of the seasonal high water table . Wellhead protection boundaries may be adjusted in accordance with WCC 20 . 73 . 131 (2) . (9) A cumulative maximum of three acres may be mined within the outer boundary of the parcel as it existed at the time of adoption of the amendment codified in this subsection . The intent of this provision is to prevent multiple conditional use permits for three-acre surface mines on a single parcel and prevent lots that were divided from a parent parcel after adoption of the amendment codified in this subsection from each having a three-acre surface mine . . 161 Cottage industries employing no more than four people on-site , other than family members residing on the premises , conducted in a structure(s) other than the dwelling unit; provided , that in addition to the criteria found in WCC 20 . 84 . 220 and 20. 97. 087 : ( 1 ) The hearing examiner, at his discretion , may place limitations on the square footage used in an existing or new structure used for a cottage industry and construction of new buildings to house said activity shall not, in any case , exceed 2 , 500 square feet of total floor area . The total land area used for buildings and outside storage or uses related to the cottage industry shall not exceed one acre or 25 percent of the site, whichever is less . (2) In the event materials will be stored outdoors , the hearing examiner shall require adequate landscaping , screening or other devices in order that the material will not be visible by surrounding uses or roads . (3) One nonilluminated freestanding sign , visible from the road , and not exceeding six feet in height, may be permitted . One additional nonilluminated sign may be attached to the building for a maximum total signage of 16 square feet. No portion of any sign shall extend above the lowest portion of the roof. (4) In the R- 10A zone , where the cottage industry involves production or processing of forestry or agricultural related products on parcels larger than 10 acres , the maximum number of employees outside the family may be increased at the rate of one additional employee for each additional 10 acres to a maximum of 10 employees outside the family. In the event that the property is reduced in size below the acreage used to qualify for additional employees under this section , the number of employees shall be proportionately reduced . EXHIBIT C — Page 13 of 17 (5) Seasonal employees working less than 21 days per year will not be counted as employees if they are engaged in work directly related to agriculture or forestry. . 162 Small scale commercial processing of forestry products on a permanent basis , utilizing permanently installed equipment, and provided the use is compatible and augments the economic viability of the forest community, appropriate provision is made of water to meet fire flow standards , and is consistent with applicable local , state and federal standards and regulations . . 163 In R5A and R10A zoning districts , the processing of agricultural products that originate from the permitted uses in WCC 20 . 40 . 050 , provided the following criteria are met ( 1 ) The facility is not a slaughterhouse or mushroom substrate production facility. • (2) The facility processes at least 50 percent agricultural goods produced in Whatcom County and which originate from permitted uses . (3) The facility employs over 10 permanent employees . (4) The facility exceeds 10 , 000 square feet in proposed and existing buildings (as defined by WCC 20 . 97. 035) devoted to agricultural processing . . 165 Private or public, commercial and noncommercial outdoor recreation facilities including golf courses , playing fields for outdoor sports and other facilities consistent with the purpose of this district. . 166 Hydroelectric projects of five megawatts or less . . 170 Bed and breakfast lodgings . . 171 Confinement feeding operations and feedlots; provided , however, that such uses shall not be allowed inside urban growth areas . . 172 Commercial operations that directly provide goods or services to agricultural operators with the intent of augmenting agricultural operations , including but not limited to hay sales and storage , sawdust sales and storage, farm equipment service and repair, and. farm chemical applicator establishments; provided , that the prospective commercial operation is limited to directly serving agricultural operators; does not include the manufacture of farm-related implements ; does not include livestock auction facilities; and is located on a parcel that is surrounded by agricultural operations or is in an area that is predominantly used for agriculture or forestry or mining . EXHIBIT C — Page 14 of 17 . 173 Rock crushing and asphalt and concrete batch plants , when within an MRL Special District. . 174 Plant nurseries and greenhouses for storage , propagation and culture of plants , including sales as an accessory use provided : ( 1 ) Must be located on a collector arterial or higher classified road . (2) Covered sales area and associated display areas must not exceed 10 percent of the total area of development. (3) There shall be fixed hours of operation . (4) Parking lot, indoor sales or other potential impacts related to operations shall be buffered from neighbors . (5) Signage shall be aesthetically compatible with the character of the neighborhood . (6) All other criteria for conditional use permits must be met. (7) Outdoor storage of fertilizer is prohibited . (8) No aerial application of chemical products shall be allowed within 50 feet of dissimilar uses. (9) This type of activity will be prohibited in the Lake Whatcom watershed and Lummi Island and in other areas deemed to be water quality sensitive , excluding retail nurseries operating chemical free . . 175 Indoor and outdoor, live commercial entertainment; provided , that: ( 1 ) The use is located within a Rural 10 Acre (R10A) District, and upon at least a 10 acre parcel . (2) The use requires a rural setting to be compatible with its entertainment theme. (3) Maximum attendance is limited to 1 , 000 persons per day. (4) Accessory food service and gift shop activity is limited to five hours per day, liquor service is prohibited . (5) The use shall not exceed maximum environmental noise levels established by state law (Chapter 173-60 WAC) . EXHIBIT C — Page 15 of 17 (6) The use will not generate primary traffic flows on local access roads where adjacent residential density exceeds one unit per five acres . (7) Minimum buffering shall be required as established in WCC 20 . 80 . 345 ; provided , that minimum side and rear yard buffers are at least 50 feet. (8) Limited hours and seasons of operation are established . (9) One on-premises freestanding sign is permitted only, not to exceed 10 feet in height and 24 square feet in surface area per face , and not exceeding two faces per sign . ( 10) Off-street parking is provided for, consistent with WCC 5.40 . 040 ; overnight RV parking and/or camping is prohibited . . 176 Rental cabins , together with associated meeting facilities and other customary accessory uses , including but not limited to cooking and dining facilities , retail sales of meeting supplies and gifts, swim pools and exercise rooms in the Foothills Subarea , provided the following standards are met: ( 1 ) Density shall not exceed five sleeping units per five gross acres . (2) Legally established resorts or rental cabins existing as of the date of the adoption of the ordinance codified in this section which meet the criteria in subsection ( 1 ) of this section shall be permitted outright. However, expansions shall only be allowed by conditional use and shall be bound by the density standards above ; and (3) Each cabin shall have a maximum of three sleeping units . . 177 Activity centers . . 178 Public or private parks that are not included in an adopted city or county Comprehensive Plan or Park Plan . . 179 Public campgrounds. . 180 Trailheads with parking areas for more than 30 vehicles . . 183 State education facilities . . 185 Type I solid waste handling facilities . A86 Type II solid waste handling facilities . EXHIBIT C - Page 16 of 17 . 187 Type III solid waste handling facilities only in those areas specified as suitable for solid waste sites in the applicable subarea Comprehensive Plan . . 189 Boarding homes that are larger than other residential structures permitted in the zoning district. * . 190 Mental health facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district? . 191 Substance abuse facilities that provide residential treatment and are larger than other residential structures permitted in the zoning district. * . 192 Mental health facilities that provide crisis care . * . 193 Substance abuse facilities that provide crisis care . * . 194 Outpatient mental health facilities ? . 195 Outpatient substance abuse treatment facilities , including opiate substitution treatment clinics . * . 196 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16 . 16 WCC ; provided , applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20 . 88 WCC . (Ord . 2011 -013 § 2 Exh . B , 2011 ; Ord . 2009-034 § 1 (Att. A) , 2009 ; Ord . 2009-033 § 1 (Att. A) , 2009 ; Ord . 2006-048 § 1 (Exh . A) , 2006 ; Ord . 2005-068 § 2 , 2005 ; Ord . 2004-026 § 1 , 2004; Ord . 2004-014 § 2 , 2004; Ord . 2001 -047 § 1 , 2001 ; Ord . 2001 -012 § 1 , 2001 ; Ord . 99-068 , 1999 ; Ord . 98- 083 Exh . A § 39 , 1998 ; Ord . 98-078 Exh . A, 1998 ; Ord . 98-018 § 1 , 1998 ; Ord . 97-069 , 1997; Ord . 96-056 Att. A §§ H2 , H3 , 1996; Ord . 95-031 , 1995 ; Ord . 94-056 , 1994 ; Ord . 94-028 , 1994 ; Ord . 94-002 , 1994 ; Ord . 93-076 , 1993 ; Ord . 92-079 , 1992 ; Ord . 91 -013 , 1991 ; Ord . 90-41 , 1990 ; Ord . 88-93 , 1988 ; Ord . 88-29 , 1988 ; Ord . 88- 13 , 1988 ; Ord . 87- 84 , 1987; Ord . 87-64 , 1987 ; Ord . 87- 12 , 1987; Ord . 87- 11 , 1987; Ord . 86-42 , 1986 ; Ord . 85- 17 , 1985 ; Ord . 82-58 , 1982) . EXHIBIT C — Page 17 of 17 WHATCOM COUNTY oM J. E. "Sam" Ryan Planning & Development Services .a? I `- Director _�- ,A 5280 Northwest Drive q4 Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 MoiNGi°a 360-738-2525 Fax Distribution List SEP2010-00085 Please review this determination . If you have further comments, questions or would like a copy of the SEPA checklist, phone the responsible official at (360) 676-6907 . Please submit your response by the comment date noted on the attached notice of determination . SEPA Unit, WA State Department of Ecology, Olympia SEPA Review, WA State Department of Ecology, Bellingham WA State Department of Fish and Wildlife WA State Department of Archaeological and Historic Preservation WA State Department of Natural Resources WA State Department of Transportation Natural Resource Conservation Service (NRCS) Lummi Nation Attn : Natural Resources Department Attn : Cultural Resources Department Nooksack Indian Tribe Attn : Natural Resources Department Attn : Cultural Resources Department City of Bellingham Attn : Greg Aucutt City of Ferndale Attn : Jori Burnett Whatcom County Fire District #7 Meridian School District #505 Applicant — Caitac USA Corp Attn : Bob Carmichael • Wendy Harris' Harold and Donna Macomber' • Sent by Email • EXHIBIT D - Page 1 of 24 • WHATCOM COUNTY ° „ e J. E. `Sam" Ryan Planning & Development Services r?4< _`_.ya Director 5280 Northwest Drive, Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 & I)N��°r 360-738-2525 Fax NOTICE OF SEPA DETERMINATION OF NONSIGNIFICANCE (DNS) AND USE OF PHASED SEPA DECISION (WAC 197-11-060(5) ) File: SEP2010-00085 Proposal Description: A Non-project action to rezone (PLN2010-00024) approximately 550 acres from R10A to RSA. This amendment will require a zoning map amendment and will have an associated development agreement. The development agreement is intended to vest the status of the rezone and subsequent development applications to the land use entitlement, and to certain applicable codes, and development standards in place today. Proponent: Caitac USA Corp. Location : The site is located at 205 West Smith Road, which is north of the City of Bellingham, east of Guide Meridian (SR 539), and south of Smith Road. The rezone proposal encompasses approximately 550 acres and includes a portion of APN # 390236 200270, 390236 445440, 380201 074504, and 380201 202508, within Township 39, Range 2 E, Section 36 and Township 38, Range 2 E, Section 1, W. M . Whatcom- County. Lead Agency: Whatcom County Planning and Development Services Zoning : Rural ( 10) Comp Plan : Rural The lead agency for this proposal has determined that no significant adverse environmental impacts are likely. Pursuant to RCW 43. 21C. 030(2) (c), an environmental impact statement ( EIS) is not required. This decision was made following review of a completed SEPA environmental checklist and other information on file with the lead agency, which is available to the public on request, and includes; . • Wetland Delineation MRM Consulting ( 2003) . • Preliminary Traffic Assessment Transpo. Group (04. 05. 2011) • Letter re CAO Charles J. Newling (09 . 29. 2010) • Stormwater Proposal for RSA Development, Ryan Long ( 10. 13. 2010) • Draft RSA Development Agreement (05. 16 .2011 ) • Traffic Assessment, Transpo Group (10. 01 . 2010) This threshold determination is a phased SEPA decision pursuant to WAC 197-11 -060( 5) . Phased review is appropriate when the sequence is from a non-project document to a document of a narrower scope such as a site specific analysis for subsequent development applications (ex. Long Subdivision and/or Commercial Building Permit). This threshold determination shall be supplemented with site specific environmental review at the time of a development application and a new threshold determination shall be issued prior to issuance of any underlying permits. The site specific environmental review will address probable adverse environmental impacts from the proposal, including but not limited to issues related to traffic, groundwater, water quality, utilities and archaeological resources. . EXHIBIT D - Page 2 of 24 SEP2010-00085 I June 1, 2011 _ There is no comment period for this DNS . X Pursuant to WAC 197- 11-340(2), the lead agency will not act on this proposal for 14 days from the date of issuance indicated below. Comments must be received by Wednesday, June 15, 2010 and should be sent to : Responsible Official : Tyler Schroeder ' Title: Current Planning Supervisor Telephone: 360 . 676.6907 Email: PDS @co.whatcom .wa .us Address: 5280 Northwest Drive Bellingham, WA 98226 �'tj Date of Issuance: Wednesday, June 1 , 2011 Signature: J An aggrieved agency or person may appeal this determination to the Whatcom County Hearing Examiner. Application for appeal must be filed on a form provided by and submitted to the Whatcom County Current Planning Division located at 5280 Northwest Drive, Bellingham, WA 98226, during the ten days following the comment period, concluding June 27, 2010 . You should be prepared to make a specific factual objection . Contact Whatcom County Current Planning Division for information about the procedures for SEPA appeals. • • • 2 • EXHIBIT D - Page 3 of 24 • WHATCOM COUNTY . co David Stalheim Planning & Development Services r"=` :v Director 5280 Northwest Drive, :j4"z: Bellingham, WA 98226-9097 , . • r J. E. "Sam" Ryan 360-676-6907, TTY 800-833-6384 46• ni ° Assistant Director 360-738-2525 Fax 401610- 00005 SEPA Environmental Checklist tgs ew gots Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43 . 21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required . Instructions for Applicants : This environmental checklist asks you to describe some basic information about your proposal . Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can . You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply. " Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can . If you have problems, the governmental agencies can assist you . The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land . Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of Checklist for Non-Project Proposals : Complete this checklist for non-project proposals, even though questions may be • answered "does not apply." in addition, complete the supplemental sheet for non- project actions (part C) . For non-project actions, the references in the checklist to the words "project, " "applicant, " and "property or site" should be read as "proposal," "proposer," and "affected geographic area, " respectively. SEPA Environmental Checklist Form PL4-83-005A - i - . - EXHIBIT D - Page 4 of 24 To Be Completed Evaluation For By Applicant Agency Use Only A Background 1 Name of proposed project, if applicable : +4118 N/A 2 Name of applicant : Caitac USA Corp Applicant phone number: 360-398-8300 Applicant address : 205 West Smith Road Bellingham, WA 98226 3 Contact name : Robert A. Carmichael Contact phone number: 360-647- 1500 Contact address : 1700 D Street Bellingham WA 98225 4 Date checklist prepared : 7.20. 10; 10. 14. 11; 05. 13. 11 ; 05.20. 11 5 Agency requesting checklist : Whatcom County • 6 Proposed timing or schedule (including phasing, if applicable) : 7 Do you have any plans for future additions, expansion , or further activity related to or connected with this proposal ? Yes ✓ No ❑ If yes, explain : Potential future use is to develop a subdivision of approximately 114 single family residences, in two or more separate duster developments. The golf course may be expanded to satisfy the reserve area requirements set forth at WCC 20. 63. 253 y % 8 List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal : See Attachment 1 'V> 9 Do you know whether applications are pending for governmental approvals of other proposals directly affecting the , property covered by your proposal? Yes ■ No ❑ If yes, explain . Zoning Amendment Application PLN2010-00024. 1725 Draft Development Agreement for R5A Rezone. 10 List any government approvals or permits that will be needed for your proposal, if known. For RSA map amendment: Rezone Approval from Rural - One dwelling unit per 10 acres (R10A) to Rural - One dwelling unit per 5 acres (R5A) ; If development occurs : Cluster subdivision; Development Agreement for R5A Rezone; Approvals may . include without limitation: fill and grade permit, building permit. . SEPA Environmental Checklist Form PL4-83• 005A - 2 - EXHIBIT D - Page 5 of 24 To Be Completed Evaluation For By Applicant Agency Use Only 11 Give brief, complete description of your proposal, including the proposed uses and the size of the project and site . There are several questions later in this checklist that ask you to describe certain aspects of your proposal, You do not need to repeat those answers on this page. (Lead agencies may modify - this form to include additional specific information on project description . ) Zoning Map Amendment from R10A to RSA. Potential future development is expected to include approximately 114 single family residences, in two or more separate cluster developments In the R5A zone. The golf course may also be fj expanded. Applicant may construct one or more private roads, which may later become public, to connect with public roads. Total area of map amendment is 550 acres, total of R5A on the property is approximately 570 acres. 12 Location of the proposal . Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known . If a proposal would occur over a range of area, provide the range or boundaries of the site(s) . Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available . While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Property is located at 205 West Smith Road, Township 39 North Range 2 East Section 36, and Township 38, Range 2 East, Section 1, W. M., Whatcom County. Approximately 570. 06 acres, including portions of parcel nos. 390236 200270; �tvl, 390236 445440; 380201 074504; 380201 202508 . Total area of map amendment " `/ is 550 acres. B Environmental Elements 1 Earth a . General description of the site : ✓ Flat Rolling ❑ Hilly ❑ Steep Slopes ❑ Mountainous ❑ Other be What is the steepest slope on the site (approximate percent slope) ? The maximum slope is approximately 30-50% within drainages. 1-t, c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland . Generally Whatcom silty loam ; approximately 25% of the site appears to be APO soils (No. 178 (Whatcom Silt Loam, 0-3% slopes), No. 179 (Whatcom Silt Loam, v 3-8% slopes), & No. 116 (Pangborn Muck-Drained,0-2% slope, not adequately drained to be considered ag. soil). Soil has been disturbed by development of the golf course. SEPA Environmental Checklist Form PL4-83-005A _ 3 - EXHIBIT D - Page 6 of 24 • To Be Completed Evaluation For By Applicant Agency Use Only d . Are there surface indications or history of unstable soils in the immediate vicinity? Yes ❑ No ✓ If so, describe . e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. rye See Attachment 1 T '"7 Indicate source of fill. Not anticipated . Not applicable to R5A zoning map amendment. fi715 f. Could erosion occur as a result of clearing, construction, or use? Yes ✓ No ❑ If so, generally describe . The potential for erosion exists only in future development phase(s). Potential erosion from storm water over exposed soil if development occurs pursuant to the R5A Development Agreement. g . About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? See Attachment 1 It Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Compliance with all applicable local and State guidelines. Not applicable to R5A zoning map amendment. 2. Air Ft, a . What types of emissions to the air would result from the proposal (i . e., dust, automobile, odors, or industrial wood smoke) during construction and when the project is completed? Not applicable to R5A zoning map amendment Typical emissions related to construction of residential property if development occurs. If any, generally describe and give approximate quantities if known. None at this time. If future development occurs, dust, carbon dioxide from l machinery, approximate quantities unknown at this time. SEPA Environmental Checklist Form PL4-83-00SA - 4 - • EXHIBIT D - Page 7 of 24 To Be Completed Evaluation For By Applicant Agency Use Only b. Are there any off-site sources of emissions or odor that may affect your proposal? Yes ❑ No ✓ - If so, generally describe. -ICS c. Proposed measures to reduce or control emissions or other impacts to air, if any : If development occurs, compliance with all applicable local and State guidelines. Not applicable to R5A zoning map amendment. tS 3 . Water a . Surface : ( 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands) ? Yes No ❑ If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Constructed golf course ponds. Larrabee Springs. Several drainages are unnamed tributaries to Silver Creek. (2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? Yes ✓ No • If yes, please describe and attach available plans. Not yet available. Future project may propose work within 200 feet of described waters. See attached site plans. Not applicable to R5A zoning . mao amendment. (3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected . Tim Indicate the source of fill material . Not anticipated. (4) Will the proposal require surface water withdrawals or diversions? Yes ❑ No ✓ fS SEPA Environmental Checklist Form PL4-83-005A - S - EXHIBIT D - Page 8 of 24 To Be Completed Evaluation For By Applicant Agency Use Only Give general description, purpose, and approximate quantities if known . 1#5 Does the proposal lie within a 100-year floodplain? Yes ❑ No Q It If so, note location on the site plan . (5) Does the proposal involve any discharges of waste materials to surface waters? Yes ❑ No © Ti4 If so, describe the type of waste and anticipated volume of discharge b . Ground Will ground water be withdrawn, or will water be discharged to ground water? Yes Q No ❑ Give general description, purpose, and approximate quantities if known . If development occurs, community well system with associated residential demand. Approximate quantities are not known. No water will bey withdrawn or discharged for the RSA zoning map amendment. (1) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example : Domestic sewage; industrial, containing the following chemicals... . . ; agricultural; etc. ) . Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system (s) are expected to serve. On site small community septic systems. General size of the systems, number of such systems and number of houses to be served is not known . Not applicable to RSA zoning map amendment. c. Water runoff (including stormwater) : (1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known) . See Preliminary Stormwater Proposal for RSA Development, Jones Eng ., 10. 13. 10. Not applicable to RSA zoning map amendment. 1}Lij SEPA Environmental Checklist Form PIA-83-005A - 6 - EXHIBIT D - Page 9 of 24 To Be Completed Evaluation For By Applicant Agency Use Only Where will this water flow? See Preliminary Stormwater Proposal; Not applicable to the R5A zoning map amendment. Will this water flow into other waters? Yes ✓ No n If so, describe. Silver Creek; Not applicable to R5A zoning map amendment. 5 (2) Could waste materials enter ground or surface waters? Yes ❑ No If so, generally describe. Typical septic discharge associated with residential use. Not applicable to R5A zoning map amendment. d . Proposed measures to reduce or control surface, ground, and runoff water impacts, if any : Roads and/or stormwater systems related to development of the Caitac Property shall be consistent with the Department of Ecology Stormwater Management Manual for Western Washington CDOE Manual"), that is in effect at the time in the future when Caitac submits a complete development permit application that proposes to construct said road and/or stormwater systems. Compliance with all applicable local and State guidelines. Not applicable to the R5A zoning map amendment. 4 Plants T15 a . Check types of vegetation found on the site : ✓ Deciduous tree : alder, maple, aspen, other ✓ Evergreen tree : fir, cedar, pine, other o Shrubs ✓ Grass it Pasture ❑ Crop or grain ✓ Wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ❑ Water plants : water lily, eelgrass, milfoil, other ❑ Other types of vegetation b. What kind and amount of vegetation will be removed or altered? If development occurs, pasture land may be removed or altered. Not applicable;)G� to RSA zoning map amendment. �•• �� c. List threatened or endangered species known to be on or near the site. None. rS SEPA Environmental Checklist Form PL483-005A _ 7 - EXHIBIT D - Page 10 of 24 To Be Completed Evaluation For By Applicant Agency Use Only d . Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any : Landscaping requirements are to be determined if future development occurs. Not applicable to R5A zoning map amendment. 5. Animals a . Check any birds and animals, which have been observed on or near the site or are known to be on or near the site : Birds : . -j,5 ✓ Hawk, ❑ Heron, {{ ,,__ ❑ Eagle, ✓ Songbirds; ❑ Other: Mammals : ✓ Deer, ❑ Bear, • Elk, ❑ Beaver; ❑ Other: Fish : ❑ Bass, ✓ Salmon, 10I Trout, ❑ Herring, ❑ Shellfish ; ❑ Other: b . List any threatened or endangered species known to be on or near the site. Unknown . c. Is the site part of a migration route? Yes U No I I If so, explain . Pacific Flyway encompasses most of western Washington. SEPA Environmental Checklist Form PL4-83-005A - 8 - EXHIBIT D - Page 11 of 24 To Be Completed Evaluation For By Applicant Agency Use Only d . Proposed measures to preserve or enhance wildlife, if any : Compliance with all applicable local and State guidelines. Not applicable to R5A zoning map amendment. argh 6 . Energy and Natural Resources a . What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing , etc. Electric, natural gas, and solar for typical future residential uses. Not applicable to R5A zoning map amendments b. Would your project affect the potential use of solar energy by adjacent properties? Yes ❑ No ✓ If so, generally describe. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any : . Solar orientation is anticipated for site plan if future development occurs. Not applicable to R5A zoning map amendment. Tnth 7 . Environmental Health a . Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? Yes ✓ No ❑ If so, describe. Typical construction hazards may exist if future development occurs. No environmental health hazards from the R5A zoning map amendment. (1) Describe special emergency services that might be required. Not anticipated. t (2) Proposed measures to reduce or control environmental health hazards, if any : Compliance with all applicable local and State guidelines if development occurs. Not applicable to R5A zoning map amendment. -c SEPA Environmental Checklist Form PL4-83-005A - 9 - EXHIBIT D - Page 12 of 24 To Be Completed Evaluation For By Applicant Agency Use Only b . Noise ( 1) What types of noise exist in the area which may affect your project (for example : traffic, equipment, operation, other)? Existing noise is from Guide Meridian and Smith Road, but Is not expected to exceed threshold levels. Not applicable to R5A zoning map amendment. wriG5 (2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example : traffic, construction, operation, other)? Indicate what hours noise would come from the site. Noise typically associated with potential future construction activities (short term) and residential activities In the long term. Not applicable to R5A zoning man amendment. (3) Proposed measures to reduce or control noise impacts, if any : Compliance with all applicable local and State guidelines at the time of future development. Not applicable to R5A zoning map amendment. its 8 Land and Shoreline Use a . What is the current use of the site and adjacent properties? See Attachment 1 'rj,5 b. Has the site been used for agriculture? Yes ✓ No U If so, describe . Marginal hay crops. c. Describe any structures on the site. There Is one single family home, an 18-hole golf course with clubhouse, and equipment storage sheds. TM d . Will any structures be demolished? Yes ❑ No ✓ If so, what? a What is the current zoning classification of the site? Rural 1/DU per 10 Acres (R10A) . f. What is the current comprehensive plan designation of the site? Rural and Transportation Corridor T SEPA Environmental Checklist Form PL4-83-00SA - i0 - EXHIBIT D - Page 13 of 24 To Be Completed Evaluation For By Applicant . Agency Use Only g . If applicable, what is the current shoreline master program designation of the site? None i h . Has any part of the site been classified as an "environmentally sensitive" area? Yes J No ❑ If so, specify. The Whatcom County CAO Environmentally and Biologically Sensitive Areas maps indicates that there are scattered wetlands and salmonid bearing streams near the site. i . Approximately how many people would reside or work in the completed project? Approximately 260 people based on 114 single family homes if future development occurs. Not applicable to RSA zoning map amendment. ,S j. Approximately how many people would the completed project displace? None. trh k. Proposed measures to avoid or reduce displacement impacts, if any : Not yet applicable. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any : To be determined if development occurs. Not applicable to R5A zoning map amendment. ¶ei 9 Housing a . Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing . 114 units if development occurs. Not applicable to R5A zoning map amendment. t Qn b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing . None. R High Middle ❑ Low-income SEPA Environmental Checklist Form PL4-83-00SA - 11 - EXHIBIT D - Page 14 of 24 To Be Completed Evaluation For By Applicant Agency Use Onfy c. Proposed measures to reduce or control housing impacts, if any : Unknown 10 Aesthetics a . What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? If development occurs, as allowed by zoning code. Principal exterior building materials are unknown at this time. Not applicable to RSA zoning map amendment. b. What views in the immediate vicinity would be altered or obstructed? Territorial views will be altered. Not applicable to R5A zoning map amendment. TA co Proposed measures to reduce or control aesthetic impacts, if any : To be determined if development occurs. Not applicable to R5A zoning map amendment. 11 Light and Glare a . What type of light or glare will the proposal produce? What time of day would it mainly occur? Typical residential light or glare may occur. Not applicable to RSA zoning map rah amendment. • b. Could light or glare from the finished project be a safety hazard or interfere with views? Not anticipated. Not applicable to RSA zoning map amendment. PIA c. What existing off -site sources of light or glare may affect your proposal? Unknown . Not applicable to R5A zoning map amendment. 5 d . Proposed measures to reduce or control light and glare impacts, if any : To be determined if development occurs. Not applicable to RSA zoning map amendment. 12 Recreation a . What designated and informal recreational opportunities are in the immediate vicinity? North Bellingham Golf Course P1/2 SEPA Environmental Checklist Form PL4-83-00SA - 12 - EXHIBIT D - Page 15 of 24 To Be Completed Evaluation For By Applicant Agency Use Only b . Would the proposed project displace any existing recreational uses? If so, describe . No. W c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any : North Bellingham Golf Course, and walking trails. Not applicable to R5A zoning map amendment. 13 Historic and Cultural Preservation a . Are there any places or objects listed on, or proposed for, national , state, or local preservation registers known to be on or next to the site? If so, generally describe . No. TAA b . Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. its c. Proposed measures to reduce or control impacts, if any : Not applicable. 4 14 Transportation a . Identify public streets and highways serving the site, and describe proposed access to the existing street system . Show on site plans, if any. The Smith Road currently serves as the primary access to the site. The Guide TO Meridian and Aldrich Road are in the immediate vicinity. Access proposed to the south via Cordata Parkway. Other secondary access may be identified in the future. b. Is site currently served by public transit? Yes No 11 If not, what is the approximate distance to the nearest transit stop? c. How many parking spaces would the completed project have? How many would the project eliminate? Typical for single family residences if development occurs. Not applicable to the R5A zoning map amendment. 't V$ SEPA Environmental Checklist Form PL4-83-005A - 13 EXHIBIT D - Page 16 of 24 To Be Completed Evaluation For By Applicant Agency Use Only d . Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? Yes ✓ No ❑ If so, generally describe (indicate whether public or private) . See Attachment 1 e . Will the project use (or occur in the immediate vicinity of) • Water, ❑ Rail, or -T,5 ❑ Air transportation? If so, generally describe . No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See Preliminary Traffic Assessment, Transpo Group (04. 05. 11) ; Not applicable to R5A zoning map amendment. Tab g. Proposed measures to reduce or control transportation impacts, if any : See Preliminary Traffic Assessment, Transpo Group (04.05. 11) ; Not applicable to R5A zoning map amendment. c„S 15 Public Services a . Would the project result in an increased need for public services (for example : fire protection, police protection, health care, schools, other)? Yes ✓ No ❑ 'C�-5 If so, generally describe . There is no project at this time. If future development occurs, typical residential demand for 114 homes; Not applicable to R5A zoning map amendment. b . Proposed measures to reduce or control direct impacts on public services, if any. Compliance with all applicable local and state guidelines at the time of any future development; Not applicable to RSA zoning map amendment. 16 Utilities a . Check utilities currently available at the site : ✓ Electricity, ✓ Natural gas, Q Water, 12 Refuse service, ✓ Telephone, ❑ . Sanitary sewer, arttS ✓ Septic system, • Other. SEFA Environmental Checklist Form PL4-83-005A - 14 - EXHIBIT D - Page 17 of 24 To Be Completed Evaluation For By Applicant Agency Use Only b . Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed . See Attachment 1 SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision . Signature : Date submitted : -S o l SEPA Environmental Checklist Form PL4-83-005A - 15 EXHIBIT D - Page 18 of 24 To Be Completed Evaluation For By Applicant Agency Use Only C Supplemental Sheet for Non-project Actions (Do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented . Respond briefly and in general terms. 1 How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? If future development occurs, typical impacts associated with residential development. Not applicable to R5A map amendment. Proposed measures to avoid or reduce such increases are : Compliance with all applicable local and State guidelines. Not applicable to R5A map amendment. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? If future development occurs, typical impacts associated with residential development. Not applicable to RSA map amendment. 5 Proposed measures to protect or conserve plants, animals, fish , or marine life are : Compliance with all applicable local and State guidelines. Not applicable to R5A map amendment U 3 . How would the proposal be likely to deplete energy or natural resources? If future development occurs, typical impacts associated with residential development. Not applicable to RSA map amendment. Proposed measures to protect or conserve energy and natural resources are : Compliance with all applicable local and State guidelines. Not applicable to RSA map amendment 111.4 SEPA Environmental Checklist Form PL4-83-005A - 16 - EXHIBIT D - Page 19 of 24 To Be Completed Evaluation For By Applicant Agency Use Only 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection ; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? If future development occurs, typical impacts associated with residential development. Not applicable to R5A map amendment. Proposed measures to protect such resources or to avoid or reduce impacts are : Compliance with all applicable local and State guidelines. Not applicable to R5A map amendment. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? If future development occurs, typical impacts associated with residential - y development. Not applicable to RSA map amendment. ' mil Proposed measures to avoid or reduce shoreline and land use impacts are : Compliance with all applicable local and State guidelines. Not applicable to R5A map amendment. ' 7 6 . How would the proposal be likely to increase demands on transportation or public services and utilities? If future development occurs, typical impacts associated with residential development. Not applicable to R5A map amendment. Proposed measures to reduce or respond to such demand(s) are : Compliance with all applicable local and State guidelines. Not applicable to RSA map amendment. KID 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Not anticipated. Not applicable to R5A map amendment. SEPA Environmental Checklist Form PL4-83-005A - 17 . EXHIBIT D - Page 20 of 24 ATTACHMENT 1 Answer to A.B.: Wetland Delineation, MRM Consulting LLC (2003); Preliminary Traffic Assessment, Transpo Group (04.05.11); Letter re CAO Charles J. Newling (09.29. 10); Preliminary Stormwater Proposal for R5A Development, Jones Eng. (10. 13 . 10); City of Bellingham, EIS, "Bellingham UGA Five Yr. Review Areas and Property Owners Requests" (07. 10.07); Traffic Assessment, Transpo Group, (10.01 . 10); Draft R5A Development Agreement (submitted 5. 13. 11), as modified 05. 16. 11 . Answer to B.1.e: No filling/grading is proposed for the R5A zoning map amendment. In later development phase(s), typical residential grading operations in the future. Specific quantities are unknown at this time. Private Road Construction. Answer to B.1.g.: No project construction is presently proposed. For future development phase(s), the answer is unknown. It may range between approximately 7 acres to 27 acres if development occurs. Not applicable to R5A zoning map amendment. Answer to B.8.a.: SF home, golf course, clubhouse, restaurant and office space (collectively "Clubhouse"), and associated parking and road. Surrounding land uses: LII, GC, Single & Multi-Family, storm water detention and power lines. Answer to B.14.d.: If development occurs, interior circulation system and access to the south via Cordata Parkway is possible. Possible improvement to existing private road (Private). Not applicable to R5A zoning map amendment. Answer to 13.16.b.: There is no project at this time. If future development occurs: electricity - Puget Sound Energy; natural gas - Cascade Natural Gas; telephone - GTE; refuse collection - Service Sanitary Service Co.; cable - T.C.I. EXHIBIT D - Page 21 of 24 • • r N • Z o 4; O4 In -� m EN M ;Ai 2 I AáA r- - ' . � � L _, ���y ,\d L �� ALDICH RD _< �• � f r / Z IOU .... C►/ M - ems' f ; '� :v. �';?. ate:, :• o co r J �, a r` :rrrr * i-!'iw01 4�:.16+YilZj'�� Z1(Ih ., CD air ' i ._.Mt an ■►.p4p ��d1 Ta 10111111111 icA • ..„.... , ____ s „, ,„, . . ..... --,-......-c -11 , _____ 6T, .,..... '�... �� f-+ z .---- t��aa�■■ ig, . y .�.-N-- C7 �,►ahk A NEGEN RD mon I - .�.... girl b SM. z 44 illial.. _ CD rn N 70 - ■`I O) 0 N a N. .1 te 'ad F1�121Q� t•: ' `= 9 „_ F 1 ~)"017 .1' �T�, / tar; 1� v v.W .� ' S � d \ �J` .5;.. Crld' Y � Qjr >��+ \�yl+i^...� , I f! ' ( It'll 4‘,4-%. �., l \ '`,.,� _T' TCCrJ bb. 14 -� - ---• _ .. 1 ttbmm. 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" ,1 ' Di', r1P Wl . �rf' ,I1� b'/i Y �S`y .l fjn k QF At 6' 'i I Lt4RR48 E SPRINGS - PROPOSED RS t4 DEVELOPMENT AREA N _ •— ,e,� . . 9 ROAD ■ I W i = E ° -cg a— OP b11 x lx 8 1 t G�f a � �J vt sA ' ' z'• �YS T' mg/LIZ `tJ.0L ,��. x„-..--_ 8 I1 1 al d f \ r 7. !T q ry {,Jy� 5 Yf'9 4 f F y . r �i>`''11B 6VMMARY E REA3 ra �{ i G a M `t4 x ` r1 . . S.aP� '{' lfi'h '3 v t a 7 r P�. 3 .'tetp,) . `O \e ,f + {,t` C.{d,V, 9 � .r ^'.5� A 1. 1 t( R r- . , +' ._A rick.. a ■% TOTAL sRE AREA. 62928 AG•t:( . t In vAllo �Aaf't Yf yt 4. 61r 7,t c . t . J f t•F 'ts 1; kt`• ' � ,f 'a Jr�y� 'i L5Y1 h',� r. ru A� %1 :7� A(i+. Lfa "\ EXISTING PoIR.AI. • R5 A 1956 AC t (' d ,i< t °7 f `� ^' PROPO6Ep FYIRAI. - R6 A 66Db9 AC. 1.F Lfjr �S} r. ; rp1 '�' T lr�^J°ri' � '�3t, ,` { + s - sT Y,tr Y •f f {�.a• z ` P dYi# TOTAL R6A Af�A 6'026 AC•'1 ''i.3r Y tr. � y Al. FrtFjF9'•t• i a $ '#Qqi • 1 c ,' r i �+ • t t4 '' w $ rS'�11,4431$. PROP09ED 1nOR16T/GO!•0'frROWL •• IC 9ID3 AG•la $Z 4Y • t i,94/ f �� J>1 } t •. t. .-. r'fit �z }fre. : : •,' : Iv p. ' x s �r L n• : ""• L6 yi (}a*�3��S{, At•r - 7�.7 0 r $ + r,{.r+ ,7`:S} L :ifta, � 4 . � �' r fist €rd ��a LEGEND rt s , it , 8 rMe : >,$, 4.1=t`t. t�'c�fd 11 10 � G � "8, t,�i - . kd ' a , 3 �r ' raTr" +"� �`` C¢'• EL s tPT a ,} P, .E Y" t ""jr426} 1 " ' + e;•� J'3 d a B 1 �, ., il5� 1 h aj�)'KI 1 144,1 yr. . 4.ii lP E,, f air yt fl` , • P s_ +n , �- at Gj' sF t ---- PROPOSED LOT tau illsil'd+�6( ,�', +Y. ' �'ifLi3 ,i'At"et ' totk ,af ante o k f t s.' . 9 ut s./ 12 •13 Ff=�o 1j ` jn Yay�t + tt�n+�+? 9 �af� J r 3 s r t 3 I_2 _ __ T^t� tammticstxamAys irl t 1�y ifi tetAti`c(attivi}Q,{ 4 �t ht. H f . r t`s t OCR ' I ,t ,?' Airl�xpL n tY'tk.. t t J" td q yS'sgt ' � n 0 ( 15' +•ab Y ' d1' ;! A B C. _ ' +/,M1"JS+JL411 r:' i .'t µ ilti' . a—" k _ yd '� s . ?>t1y'�x, __. wJ� ra'etrxe —�, .a\tWY1�'. `r=d. .�' ° ft"wi�JFaerjr,' F .;rt + Y�"gfr• �y . ,, ,^la-r g r d, u,,,t ,{141 d ,A „s -f 44, 4' ,., +1Yx'1+�3tt11i tl TSrp �°a' •r . ' x+r. 'y, ii ;E:::r,,.� .'sal . u'� L5A)li .ji t '41{�,t ? ,dfd•}"it1; �t S�',A' ). • Ffi¢T>'ft t , �r # J nne.>t' °'rEp f �'. / rer tF CSiJ Jjf;J� t.. d>f!}” „,,; '• v, _,qd � {ntlAii"• ie,p 4', g'rririo,, ,ntA, ' „ '"'1• . ; _. .• `r. ' •`'.asv �t 0 C T 5 ■ a ¢ t+ 1 4t,'+tx ,� (.111#047a14 . 2: j1t r 8" i'Y' . +�� r� /. b'� B L A fR 10'k5 (u'1�taF}t P t 1fia'4' •�, + • Ptrn'mra GU FtSd =tta `�' 1�'" 't, a ,.Er'� tm f ,, r . ,-f d t.� >a ,i E p EN 2 ram a ' I tit t 4dtl• 'P tr i r , u 3( .= at dx f,,'rver, ,• B ��i Pwx+xmP5 a�p''� y 1 fiyfr t. n xt aTmrt UmA•!t` 1J .11, 1 41^j� T. ' , . ° ". r EA r, . ,.I s as}rsJ I •. : 'la,l �tQr, 3 ' 901CAf ar'' lt ,Pi 4 4t �f ,` }`A+ tt r» ., p7f4 x; ,} t €PC C��r �:� Y p{ T �,�"L{ ' a �." ivn .ti11f` ?'ft� Ga`Ar g P � REPRESENT T AN IS PROJECT PRRIAL ONLY AND DOES NOT 'q t..fiti '�.) i • t �4 dt 't;..^,rk .': . ' x r7 "" i., li�yd j9": . A ,0jS. 4. 4 to .+ REPRESEM A PROJECT PROPOSAL. y tt l.} FD • 1 e . 1 .fit � ni rj4d ,y, � ) �`lt'''t}ffi" 3 _. r} ,}t����� ,plv TV dt'} t+�'t'� tr4a s ,. r.1 ,e 4.0 etr!"fl�rf tiZ l ° �.•611 ,J�i r �+. rCLLW + t �'per/ ,i =l Y . P f?,�, ^')) eta 'G .�' y �+1'i'i�: ` F't ±,}$� _ ° �`J,,�`}fi , e f rer . �l, At i`e,.1 ) ! rj'. z t 34i't.J'('Y 3•" i. tt' t. , rs , Y .�fr• ? Mr 't y ,�j f. :. JFI t 9r,P1-> Y•� t t- . , t " a"t • tial % Fx ? . ; . iv ,�d .: ..; ,Ati 114to 1 - # :'J • 6 d.'�fi 4 : aM. 3i; 3 tQ!L + "+t,Ta• F { ,x�Pd, t" a � r : ti. . Gj��c � fe ' a I dt . n .r r" ' r .Fgair r li fr. jv,'tr2 J)rr} t Y i°f1 '+ ' .1'..i,:a _�� a k )Ld, .$ttN't ga� 'aq't 4Tr )'fi jet,40.2 kp t'�-sfi ,T� f��+yJ .t.u:.0 } r w __ 1 t��t'yPt"t� t �t �('&7{y���'Y,rFJ n af`;P�t a�rdn �\1.Ay{, ;•Pyc 4-t dt�; .—_ ._: ?,SAtf�!!'3i��t�'('1•'YTyJ�f diP'}4t'tr'3,`�'� +t� absiy �"' t d t ,t'4 ,r .a.O 1,, ifrih�J,t Yr 1` r,{ d t t>rn. 4 I 1 ;t��i !;+,rSytFA,rYj•nyr ata • ,Ma';T} �J � tm` .s�'�Jgy?J.Jat }�R, [t>�a��..eree i ti 'T1aEPYk'"",fL ` Lr x rtt.4'3•i',r4KxJ,¢y: • _� �iJYIAw� dt Rwlrad. mJ, 7A . , •"--'�-�_ I a m o t et a a a s Ravnad. AYr ,n . i " Or'+�+•a..nt..n..•.r—werl d Ravk d. INL 2,yp . ..••..«....u,....•...�. to EXHIBIT D - Page 24 of 24 * 2' FLAT, GRASS OR 36' ROADWAY NATIVE VEG. SHOULDER SHOULDER 24' TRAVELED WAY SHOULDER ON EACH SIDE OF WALKWAY 6' 8'-12' V 5' 12' 12' 5' 1 ' 8'- 12' PAVED WALKWAY SEE ALSO 18" MIN. 18" MIN . NOTES 4, 5 & 6 DEPTH 2% 2% DEPTH 1 r•- nna A4a it itiC ,r"7 ? „ . � — Li e� ar . `( ` n n A� -i I n . , � r -. ce rla:i tt - M i� (5 2' MIN. SUBGRADE, SEE NOTE 5 WALKWAY PAVING COMPACTED ASPHALT PAVEMENT CLASS " B " , 2 MIN. 2" MIN. THICK SEE NOTE 2. COMPACTED CRUSHED COMPACTED ASPHALT COMPACTED CRUSHED SURFACING TOP COURSE SURFACE TOPCOURSE 2" COMPACTED CRUSHED COMPACTED AGGREGATE FOR GRAVEL BASE OR COMPACTED AGGREGATE OR SURFACING TOP COURSE CRUSHED SURFACING BASE COURSE CRUSHED BASE ROCK 6" COMPACTED AGGREGATE OR (SEE NOTE 1 & 3) CRUSHED SURFACING BASE COURSE GENERAL NOTES SUBGRADE, SEE NOTE 5 ALTERNATE WALKWAY PAVING A. All testing shall be as per approved plans. 4" PORTLAND CEMENT CONCRETE B. Clear zone and recovery zone per Whatcom County Development Standards. 2" WASHED ROCK C. Parking shall be discouraged along shoulder. SUBGRADE, SEE NOTE 5 D. Stormwater treatment swale shown here for illustrative purposes only. Stormwater design to be in accordance with DOE Stormwater Manual SPECIFIC NOTE for Western Washington . 1 . Actual roadway base, surfacing design and subgrade treatment shall be based on soils and traffic analysis as per Whatcom County Development Standards, Chapter 5, Road Standards. Minimum asphalt thickness shall be 3.5" (Class " B" ). Minimum road base shall be 6. 5" Asphalt Treated Base, or 13" granular base substitute. 2. Asphalt depths greater than 2 1 /2 inches shall be applied in separate lifts. . 3. An equivalent depth of compacted asphalt treated base may be substituted for the base and top course. 4. Minimum paved walkway thickness 4" concrete or 2" asphalt. ADAPTED FROM WHATCOM COUNTY DRAWING 505.8-3 5. Subgrade preparation shall be in accordance with WSDOT standard Specifications 2-06. 6. Paved walkway shall generally follow road alignment and be separated from RURAL MAJOR COLLECTOR ARTERIAL traveled portion of the road at a distance and location approved by the County. ROAD DETAIL (MODIFIED) Exhibit E } Q J i O Q d -' O a= U) • I 25. 0' 3.5' 25.0' 7. 5' F7.0' 7.0' F2.o' 5 °' 45' , 2.01 .0' 201 y2% � r- r SIDEWALK 3 0.5' 0.5' PLANTER STRIP 2' CONCRETE TYPICAL STREET SECTION RIBBON NO PARKING I' TRAVEL LANE . PARKING POCKET* 1 .0' �7.0' " 9. 0'- ► 7.0'y -i . 0' 2.0 E- 5•0� SIDEWALK 2% 2.01 � .' ( '0.5' 0.5' �— MN. 4' PLANTER STRIP 3 AT POCKET AREAS** TYP. DRIVEWAY CULVE 2' CONCRETE ( (12"DIA. MIN.) . RIBBON TYPICAL STREET SECTION POCKET OPPOSITE SWALE TRAVEL LANE . 01<7. 014. * PARKING POCKET 5. 0 1 .0'► 2.0' 2.0'-► r- 15.0`�l .o'2% 6" THICK P.C.G. SIDEWALK (TYPICAL) COMPACTED SUBGRADE PLANTER STRIP 2' CONCRETE TYPICAL PAVING SECTION RIBBON 2 1/2" CLASS "B" A.C. PAVEMENT 2" CRUSHED SURFACING TOP COURSE 10" AGGREGATE FOR GRAVEL BASE COMPACTED SUBGRADE TYPICAL - STREET SECTION POCKET SAME SIDE AS SWALE * No driveway access is allowed in pocket parking areas. ** No trees allowed within planting strips DRAWING 505.11-2 t adjacent to ribbon curb. SPECIAL DISTRICT ALTERNATIVE STREET SECTION LESS THAN 100 ADT 5/4/04 Not to Scale WHATCOM COUNTY DEPARTMENT OF PUBLIC WORKS EXHIBIT F - Page 1 of 2 J 3 . c 3 0: o co cc ti 1. 25.0'- 25.0'- 30. 0' 30. 0' 3.0' 10.0' 10.0'--{ VARIES VA IESj 0.58_1 I I1IN 5.0• 2% ' O —11111 SIDEWALK 41..... -/ !. : 3 PLANTER STRIP VERTICLE OR ROLLED CURB CONCRETE INLET TYPICAL STREET SECTION NO PARKING TRAVEL LANE PARKING 3.0' POCKET _9 A -- 0Oil Os o'�-17. 0l 0. 5 "' I 5,0' 2% _i . t� ' Y. jI 3 TYP, DRIVEWAY CULVERT TYP. DRIVEWAY TYPICAL STREET SECTION { (12"DIA. MIN.) CURB CUT POCKET OPPOSITE SWALE TRAVEL LANE-•-10.0=4--10A=-•• POCKET•-`7.O 0. 58-44- 3.0---- 2. 0 --• 4" THICK P.C.C. SIDEWALK NN jVERTICLE CURB\ - VARIES .. I IO' S 0 6" HICK P. C.C. SIDEWALK VARIES 2% � \ ,� (ROLLED CURB) I \ ;.r�� - \ WITH 4� THICK SIDEWALK ‘-• COMPACTED SUBGRADE STANDARD VERTICLE OR ROLLED CURB P.C.C. CURB TYPICAL PAVING SECTION AND GUTTER 2 1 /2" CLASS "8" A.C. PAVEMENT BOTH SIDES 2° CRUSHED SURFACING TOP COURSE 10" AGGREGATE FOR GRAVEL BASE COMPACTED SUBGRADE NOTE: TYPICAL STREET SECTION 1 . Storm drain and swale to be sized POCKET SAME SIDE AS SWALE for treatment and conveyance by engineered design. 2. Rolled curb may be used in lieu of DRAWING 505.0-4 verticte curb except in the pocket I. parking areas. SPECIAL DISTRICT TYPICAL STREET SECTION 100 - 500 ADT 5/4/04 Not to Scole WHATCQI4 COUNTY DEPARTMENT OF PUBLIC WORKS EXHIBIT F - Page 2 of 2