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Home My WebLink Aboutord2005-040WHATCOM COUNTY COUNCIL AGENDA BILL NO, 2005 -169 CLEARA,M1'CES Initial Date Date Received in Council Office Agenda Date Assigned to: Ort rnaroc xo Introduction Drvrsron Head: 4/12/05 P & D /Counci 7l v Dept, Head; 1 i - - ....... . Prosecutor: Q Purchastn . Bud et Executive: TITLE OF DOCUMENT: Zon2004- 00018, Amendment to the official Whatcom County Zoning map UGA - 7, Sumas Urban Growth Area, from Long -term planning area to short -term planning area. ATTACHMENTS: Proposed Ordinance, Planning Commission Motion, Staff Report and Planning Commission Minutes. Additional background material is available at PDS Office, 5280 NW Drive, Suite A. SEPA review required? ( X ) Yes ( J NO Should Clerk schedule a hearing ? ( ) Yes ( X J NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 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.) The proposed ordinance amends the official Whatcom County Zoning map, UGA -7, Sumas Urban Growth Area, from a Long -term Planning Area to a Short -term Planning Area and also corrects an error on the existing Comprehensive Plan Map UGA -7 which depicts a portion of the city limits as County UGA. Furthermore, an adjustment is being made to exclude the Burlington Northern Railroad and SR -9 road realignment right -of -way, since normally roads are included in the cities' UGAs to minimize the financial impact on the County to upgrade and maintain roads that provide primary service to a specific city. COMMITTEE ACTION: COUNCIL ACTION: 4/12/2005: Committee recommends adoption 3/29/2005: Introduced 4/12/2005: Adopted 6 -0r Nelson absent Ord. #2005 -040 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. #2005 -040 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 3/29/2005 ORDINANCE # 2005 -040 ORDINANCE TO AMEND A PORTION OF THE OFFICIAL WHATCOM COUNTY ZONING MAP UGA -7, SU?MAS URBAN GROWTH AREA, FROM LONG -TERM PLANNING AREA TO SHORT -TERM PLANNING AREA. WHEREAS, notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on February 28, 2005; and, WHEREAS, notice of the Planning Commission hearing was posted on the subject area and mailed to all landowners of record within 1,000 feet of the subject area; and, WHEREAS, notice of the subject amendment was sent to state agencies, including the Department of Community, Trade and Economic Development (CTED), on March 3,2005; and, WHEREAS, the SEPA Official has determined that the requirements for SEPA have been satisfied by the original SEPA review of the UGA established by the 1997 Comprehensive Plan and the SEPA review conducted by the City of Sumas on their Comprehensive Plan update adopted November 2004; and, WHEREAS, the Planning Commission held a public hearing relating to the subject amendment on March 10, 2005; and, WHERAS, the Planning Commission received testimony and deliberated the merits of the proposal and provided their findings and recommendations for Council review and consideration. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on February 28, 2005. 2. Notice of the Planning Commission hearing was posted on the subject area and mailed to all landowners of record within 1,000 feet to the subject area. Notice of the subject amendment was sent to state agencies, including the Department of Community, Trade and Economic Development (CTED), on March 3, 2005. 4. The SEPA Official has determined that the requirements for SEPA have been satisfied by the original SEPA review of the UGA established by the 1997 Comprehensive Plan and the SEPA review conducted by the City of Sumas on their Comprehensive Plan update adopted November 2004. 5. The Planning Commission held a public hearing relating to the subject amendment on March 10, 2005. 6. In reviewing the Sumas proposal, it was discovered that the existing County Comprehensive Map depicting the Sumas UGA (Map UGA -7) was incorrect. As a consequence a portion of the city was identified as County UGA. The boundary of the UGA should be at the southwest corner of the southern property line of parcel # 400403552372 and proceed eastward to the southeast corner of the southern property line of parcel # 400403575376 and splits parcel # 400403565376 (the abandoned railroad right of way. An additional adjustment is being made to exclude the Burlington Northern Railroad and SR -9 realignment right of ways. Normally, roads are included in the cities' UGAs to minimize the financial impact on the County to upgrade and maintain roads that provide primary service to specific city. In the case of both right -of ways, Burlington Northern and the State DOT would be responsible for the costs of maintenance and any upgrades. Leaving the area in adds unusable acreage to the overall total acreage attributed to the City. The proposed map amendment includes both changes. 7. The re- alignment of SR 9 in 2006107 will impact the existing rodeo grounds by eliminating access off what is now Easterbrook Road and will greatly reduce the overflow parking that traditionally occurred on Easterbrook Road. 8. Limited options for additional residential development occur due to the limited parcels available and the reluctance of some of those landowners to develop those properties. 9. Sumas has been working toward increasing the overall density of new residential development and is exceeding the 4 unit per acre prescribed by Goal 2P of the Comprehensive Plan. 10. Additional truck traffic is projected over the planning period, more than doubling over the planning period to in excess of 800 trucks per day. 11. Truck parking is occurring throughout the City of Sumas and is creating congestion and disruption to the residents in part due to the lack of any existing organized or commercial parking facilities. 12.The City of Sumas currently has no STPA and cannot annex any land within the UGA. This is contrary to the directive of the Comprehensive Plan that anticipates 90% of the UGA as the amount typically designated as STPA. 13. Future annexations within the proposed STPA provide another opportunity to evaluate the subsequent efforts of the City of Sumas to meet residential density goals and other compliance issues with the County's Comprehensive Plan and interlocal agreement provisions. CONCLUSIONS 1. The proposal complies with the Goals and Policies of the County Comprehensive Plan. 2. The development of a full service truck stop for the 25.8 acre property, identified as Parcel E, has access issues that should be resolved prior to any change in UGA designation. The realignment of SR -9 currently provides for no access from Parcel E to SR -9. Testimony provided by WDOT staff indicated that granting access rights, even for a city street as proposed by Sumas, would be highly unlikely. Therefore, without access to SR -9 the proposed full- service truck stop would not be viable. 3. The proposal provides for additional recreation opportunities to the community and resolves the permanent loss of parking and access to the park and rodeo grounds from Easterbrook Road that will result from the SR 9 realignment project. 4. Growth within Sumas and the surrounding area will continue and the provision of additional ball fields and park facilities will provide a highly desirable public amenity. 3 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning map, is hereby amended as shown in Exhibit 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 12 day of April 2005 ATTEST: ••• Dana Brd ivWavispC F cj Cl6rk • S'i ore O •• !yq G� APPRQVE & ,as t6siMle ��•` ivil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Chairperson, Laurie Caskey- Schreiber ( Approved ( ) Denied Pete Kremen, Executive Date: /�_o� 4 Exhibit A HIeV LON2004 -00018 "`TMfOgy,• DdD�S '�fs City of Sumas UGA -Long -Term to Short Term Planning Area N Legend =• ' 'e SO ab `DE�'ELDW� Sumas City Limits zoos Existing Urban Growth Area - Long Term Planning Area March 16, 2005 sbw. Feet Proposed Short Term Planning Area 0 275 550 1,100 1,650 21200