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Home My WebLink Aboutord2015-001 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-331 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GD 9/29/2014 10/14/2014 Introduction;P&D Committee Division Head: 10/28,2014 Council / Hearing Mrk Pe rsonius q-30-01/ r v Dept.Head: Sam Ryan w r14() 11/12/14 Introduction Prosecutor: OCT U 7 2014 Royce Buckingham 7 //1- 2_ (6/ l l/9/14 P&D/Public Hearing Purchasing/Budget: (C/ WHATCOM COUNTY 1/13/2015 Public Hearing Executive: COUNCIL Jack Louws of /0.06-/ TITLE OF DO J ' ENT: Application to rezone 5 acres from Neighborhood Commercial (NC)to Rural General Commercial (RGC)zoning district. ATTACHMENTS: 1. Staff Memo 2. Proposed Ordinance and Exhibit 3. Staff Report 4. Planning Commission minutes SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? (X') Yes ( ) 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(B)). SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A proposal to rezone approximately five acres from Neighborhood Commercial (NC)to Rural General Commercial (RGC), located at the northwest corner of Slater and Elder Roads, about five miles west of Interstate 5. COMMITTEE ACTION: COUNCIL ACTION: 10/14/2014: Held in Planning Committee until October 10/14/2014: Withdrawn from introduction and held in 28, withdrawn from Introduction Committee until October 28 or a later 11/12/2014: Discussed in Planning and Develpment 10/28/2014: Held until 11/12/14 as per Gary Davi$ PDS Committee 11/12/2014: Introduced 7-0 12/9/2014: Approved recommendation to hold open the 12/9/2014: Public Hearing held open to future date Public Hearing 1/13/2015: Adopted 6-0-1, Browne abstained. .2/13/2015: Discussed,additions made t'o thelagreement Ord. 2015-001 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: PLN2014-00008 Ord. 2015-001 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 8-6-2014 SPONSORED BY: Consent PROPOSED BY: INTRODUCTION DATE: 11/12/2014 ORDINANCE NO. 2015-001 REZONING FIVE ACRES AT THE INTERSECTION OF SLATER ROAD AND ELDER ROAD WHEREAS,The property owners submitted an application to rezone two parcels totaling about five acres from Neighborhood Commercial(NC) district to Rural General Commercial (RGC) district at the northwest corner of Slater Road and Elder Road; and WHEREAS,The Whatcom County Planning Commission held a public hearing on July 10, 2014; and WHEREAS,The Whatcom County Planning Commission made no recommendation at its July 10, 2014 hearing; and WHEREAS,The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The subject property was rezoned from Rural to Neighborhood Commercial (NC) in 1988 (Ord. 1988-043) 2. Whatcom County staff has notified the property owners that the ongoing sales of automobiles is a prohibited use in the Neighborhood Commercial (NC) zoning district. 3. The property owners have submitted an application to rezone two parcels from NC to Rural General Commercial(RGC)zoning district, which allows automobile sales, among other uses. 4. The Planning Commission held a public hearing on July 10, 2014 and the County Council held a public hearing on October 28, 2014. 5. Notice of the public hearings was issued in accordance with WCC 20.90.045, including publication in the official county newspaper,mailed notices to property owners within 1,000 feet, and posting of signs on the subject property at least ten days before the hearing. 6. A State Environmental Policy Act(SEPA) determination of non-significance(DNS) was distributed May 29, 2014. 7. Notice of the proposed rezone was submitted to the Washington State Department of Commerce on May 29, 2014. 8. Per Whatcom County Code 20.90.020(3), a rezone may use a concomitant agreement to impose conditions on, or limitations on uses and may also require performance by the applicant(s) which is/are directly related to mitigation of probably on-and off-site impacts to adjacent uses,public services and the environment. The agreement may be 1 in the form of a covenant running with the land. The provisions of the agreement will be in addition to all other pertinent Whatcom County Code requirements. CONCLUSIONS 1. The proposed rezone is consistent with the Comprehensive Plan, and is in the public interest. 2. A concomitant agreement, in the form of a covenant running with the land,will ensure that new uses be limited to automobile sales and single family dwelling in addition to those permitted in the NC zoning district, and that automotive sales are permitted only after County approval of a site plan that assures compliance with County development regulations and after the required improvements are installed. 3. The proposed rezone with the concomitant agreement should not result in any significant environmental impacts. NOW,THEREFORE,BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County official zoning map is hereby amended as shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 13th day of January , 2014. \\\\\\►ll{IIIIIIftf�',r, 4 C 0(� �, WHATCOM COUNTY COUNCIL _ E1 A Z r`.• = WHATCOM COUNTY, WASHINGTON 0 •. TY v.°.r icr • Dana$down-fl i/gacil Clerk. Carl Weimer, Chairperson rjf •• n • 4 • ,\ \-\\\\\ APPROVED APPROVED as to form: Approved ()Denied 0 , ..• • 'rosecutor Jack Lou Executive Date: 4'/51/1 2 EXHIBIT A PLN 2014-00008 Slater Road Rezone - 1 a 0 GI F2GC R-5A cNcf 4 �t�\\ SLATE E R:R O- Rile#: PLN2014-00008 Proposed Rezone to Tom" ,�-=. ' �of9 ®Proposed Rezone Area - Proposed Zone- RGC 0 is w NO aroma iavA?a Existing Zone- MC) *v al.ad 3