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Home My WebLink Aboutord2007-074WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 -464 CLEARANCES Initial Date Date Received in Council Qfflce Agenda Date Assigned to: Elizabeth K' Olsen 11!1/07 Originator: L_ 1 L 1� L� l�� Gf `• LJ 11/10/07 Introduction P &D /Council Linda Peterson, AICP Division Head: I, b-7 12/4/2007 �' + f 5 } tl 13 21307 D did Stalheim Dept. Head: � � 1-07 Royce Buckingham Prosecutor: l 1 G �1 1 Purchasing/Budget: 66 d f N1 CU l i Peter Kremen Executive: 4W % p TITLE OF DOCUMENT. Ordinance amending the Whatcom County Comprehensive Plan map and the Whatcom County Zoning map from the designation of Agriculture to the designation of Rural Forestry for a 39.5 acre parcel of land, Assessor's Parcel # 370522- 199054. ATTACHMENTS: (1) Draft Ordinance (2) Agency Report with Recommended Map Amendments SEPA review required? (X) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (Y) NO SEPA review completed? (X) Yes ( ) NO Requested Date: 'The Council must hold a hearing if they want to change the Planning Commission's recommendation IWCC 20.90.05I(iv)J. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. An ordinance amending the Whatcom County Comprehensive Plan map and the Whatcom County Zoning map from the designation of Agriculture to the designation of Rural Forestry for a 39.5 acre parcel of land located in the southern reaches of the South Fork of the Nooksack River, 2 miles south of the town of Acme, Assessor's Parcel # 370522- 199054. COMMITTEE ACTION: COUNCIL ACTION: 12/4/2007: Forwarded to Council for approval 11/20/2007: Introduced Caskey - Schreiber opposed 12/4/2007: Council Adopted 6 -1 Caskey - Schreiber opposed Ord. 2007 -074 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: CMP2007 -00012 Ord. 2007 -074 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcomwa.us1counciL SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 11/20/2007 ORDINANCE # 2007 -074 AN AMENDMENT TO THE WHATCOM COUNTY COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM THE DESIGNATION OF AGRICULTURE TO THE DESIGNATION OF RURAL FORESTRY FOR A 39.5 ACRE PARCEL OF LAND, ASSESSOR'S PARCEL # 370522 - 199054. WHEREAS, Whatcom County Planning and Development Services received an application to amend the Whatcom County Comprehensive Plan Map and the Whatcom County Zoning Map from the designation of Agriculture to the designation of Rural Forestry for a 39.5 acre parcel of land; and WHEREAS, The site of the proposed amendment is located approximately 2 Y2 miles east of State Highway 9, and 2 miles south of the community of Acme. The address is 6324 Saxon Road. Assessor's parcel identity number is 370522 — 1 99054; and WHEREAS, Legal notice requirements have been met; and WHEREAS, The Planning Commission held a public hearing on the proposed amendment on Thursday, September 27, 2007; and WHEREAS, The Planning Commission has evaluated the proposed amendments for consistency with the Whatcom County Comprehensive Plan. WHEREAS, The Planning Commission voted to recommend approval of the proposed amendment to the County Council; and WHEREAS, the County Council has considered the Planning Commission's Findings of Fact, Reasons for Action, Conclusions and Recommendation for the amendment; and WHEREAS, the County Council finds the amendment to be in the best interest of the public health, safety, and welfare; and WHEREAS, the County Council has adopted the following Findings of Facts: FINDINGS OF FACT 1. Notice of the Planning Commission hearing was mailed to surrounding property owners within 300' of the subject site on September 14, 2007. 2. Notice of the Planning Commission hearing was posted on the subject property on September 14, 2007. 3. Notice of the Planning Commission hearing was published in the Bellingham Herald on Sunday, September 16, 2007. 4. Notice of the Planning Commission hearing was posted on the County's website on Thursday, September 13, 2007. 5. A Determination of Non - Significance (DNS) was issued by SEPA on July 20, 2007. 6. The Planning Commission held a public hearing relating to the subject amendment on Thursday, September 27, 2007. 7. The request is to amend a 39.5 acre parcel of land from the Comprehensive Plan designation of Agriculture to the Comprehensive Plan designation of Rural Forestry. 8. The existing primary uses of this property are residential, agricultural (pasture), timber and wildlife habitat. 9. Current zoning to the north, east and south is Commercial Forestry, with Agriculture to the west. 10. The actual area on the subject site used for agricultural purposes as pasture is approximately 8 or 9 acres in area. Physical limitations on the site restrict significant agricultural use; however three quarters of the property bears a healthy stand of timber. 11. The Rural Forestry designation does not preclude the use of the property for agricultural purposes. Agriculture is a primary permitted use in the Rural Forestry zone designation pursuant to Whatcom County Code Title 20.42.052. 12. The Rural Forestry designation will not be inconsistent with the existing land uses; it encourages the preservation and management of land for wildlife, aesthetics, and other non - commodity values. 13. The Rural Forestry zone designation applied to the subject property will serve to act as a "buffer' between Commercial Forest and Agriculture designations in that the subject property contains a variety of high quality habitats that provide an important refuge for area wildlife that are periodically displaced by industrial logging and agricultural activities. 14. The amendment conforms to the requirements of the Growth Management Act, and is consistent with the Goals and the County -Wide Planning Policies of the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan Map and Official Whatcom County Zoning Map are 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. ADOPTFRtthlgifi 4th Osage r �: o coU%" day of December , 2007 'i.- wN• Cq 'hcil Clerk APPROVED as-,to form', Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chairperson ( Approved () Denied Pete Kremen, Executive Date: �°? /'�,f2 Exhibit A A f f`} CL ;r' �_ -�.' I �+ �' I'� � 'r1 `'•�• i;',i jlljj�f 1�,, is r' I'r 1 RE, j t 1. ,J Parcel #370522 199054 �\ 39.5 Acres AG✓ J ' � i � it J I •'� � \ f ` C:F- �. -RI '.ice - - - _ — _ _- •.t— _- _ 7 77 �. -\ _ :�.a��' • - File #: CMP2007 -00012 a,�,9 -M P6 ��G sh O4p4pS�ON1 ° � Agriculture to Rural Forestry -Saxon Rd. 2 " "' r 1 !�� LU . subject Parcel -,Q `� °¢`lEa�y�� '.. fVELOPM... Existing Zoning /comprehensive Plan Boundary awuuenvfrwixe mfiuwn° naf am: M *-C I dwWal wr.ww+[ Ifa,w.Aam rrPPai a mwq rm.q rr.r wawa. rnw. w.[ufPP r AI NIPI�MPf IPwtr I[ Pq[ ®[nip0[ PM ary.MtY��YLaxl�unly M��44YM�w �. Y gnwY IwNYI ■i[uif[ \4Y1[P NP UI gtlW of d[V [.Yr_ uaaYlgaWq °[P qr -a WI Pp. November 2007 sbw. Feet 0 250 500 1,000 1,500 2,000