HomeMy WebLinkAboutord2006-012WHATCOM COUNTY COUNCIL AGENDA BILL NO,
2006 -129
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
2116106
2128106
Introduction
Originator: MatlAamo!
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Division Head: Troy
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Dept Head: Hal Hart
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Prosecutor:
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Executive: Pete Kremen
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TITLE OF DOCUMEIV17, Rezone long term planning area to short term planning area in the Ferndale Urban
Growth Area on the north side of Thornton Rd.
ATTACHMENTS:
(1) Proposed ordinance
(2) Planning Commission Findings of Fact & Reasons for Action, Conclusions and Recommendations
Nate: Background materials are available for review at the County Council office (Planning Commission minutes will be forwarded to Council
when they become available).
SEPA review required? ( x )Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( x ) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date:
1 A hearing must be held if the Council changes the Planning Commission
recommendation CC20.90.051.
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE:
Rezone approximately 59 acres from long term planning area to short term planning area in the Ferndale Urban
Growth Area. Short term planning areas can be developed at urban densities and/or annexed into the city. Long
term planning areas cannot be developed at urban densities and cannot be annexed. The proposed rezone site is
within the SW 1/4 of section 13, T39N, R1E, W.M., west of the Femdale City limits on the north side of
Thornton Rd. (Assessor's Parcel #'s: 390113 208201, 390113 261031 and 390113 228033).
COMMITTEE ACTION:
COUNCIL ACTION:
3/14/06: Forwarded to Council for adoption
2/28/06: Introduction
3/14/06: Adopted 6 -1, Nelson opposed
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Ord. 2006 -012
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.
2 -16 -06
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 2/28/06
ORDINANCE # 2006 -012
ADOPTING A SHORT TERM PLANNING AREA
ZONING OVERLAY DESIGNATION IN THE
FERNDALE UGA NORTH OF THORNTON RD
WHEREAS, John A. Friberg submitted an application rezone approximately 59 acres
from long term planning area (LTPA) to short term planning area (STPA) in the Ferndale Urban
Growth Area; and
WHEREAS, The proposed rezone site is located within the SW 1/4 of section 13, T39N,
R1E, W.M. West of the Ferndale City limits on the north side of Thornton Rd. Assessor's Parcel
#'s 390113 208201, 390113 261031 and 390113 228033; and
WHEREAS, Rezoning to STPA is a prerequisite to developing the site at urban densities
and/or annexation into the City of Ferndale; and
WHEREAS, Legal notice requirements have been met; and
WHEREAS, The Planning Commission held a public hearing on the proposal; and
WHEREAS, The Planning Commission has evaluated the proposed amendments for
consistency with the Whatcom County Comprehensive Plan; and
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact & Reasons for Action, Conclusions and Recommendations.
The Council makes the following findings of fact and conclusions:
FINDINGS OF FACT
Notice of the rezone application was sent to state agencies, including the Department of
Community, Trade and Economic Development (CTED), on July 8, 2005.
Notice that the County received the rezone application was sent to the City of Ferndale
and other governmental agencies on July 8, 2005.
P. 1
3. Notice that the County received the rezone application was published in the Bellingham
Herald on August 4, 2005.
4. Notice of the Planning Commission hearing for the rezone application was posted on the
County's website on January 25, 2006.
5. Notice of the Planning Commission hearing for the rezone application was sent to the
City of Ferndale, Ferndale School District, Tribal representatives and other agencies on
January 25, 2006.
6. Notice of the Planning
Commission hearing for the rezone application was
mailed to
surrounding property owners
within 300' of the subject
site on January 30,
2006.
Notice of the Planning Commission hearing was posted on the subject site on January 27,
2006.
8. Notice of the Planning Commission hearing for the rezone application was published in
the Bellingham Herald on January 27, 2006.
9. The Planning Commission held a public hearing relating to the rezone application on
February 9, 2006.
10. A determination of non - significance (DNS) was issued under the State Environmental
Policy Act (SEPA) on July 25, 2005.
11. Whatcom County Comprehensive Plan Policy 25 -1 contains criteria for rezoning property
from Long Term Planning Area to Short Term Planning Area.
12. Comprehensive Plan Policy 2S -1 addresses County /City cooperation relating to an
interlocal agreement, annexation issues and joint planning for land use. An " Interlocal
Agreement Between the City of Ferndale and Whatcom County Concerning Annexation
and Development Within the City of Ferndale UGA" (hereinafter " Interlocal
Agreement ") was signed by the Ferndale Mayor on May 20, 1999 and by the Whatcom
County Executive on June 3, 1999. This interlocal agreement addresses annexation
issues and joint planning for land use in the Urban Growth Area.
13. Comprehensive Plan Policy 25 -1 addresses provision of public facilities. The City of
Ferndale, in a letter of August 10, 2005, stated ".. city water and sewer are readily
available. For the Friberg properties, city water and sewer lines are located immediately
adjacent to the property boundary, having been stubbed -out to this point by the adjacent
residential development (Pacific Highlands) ..." Additionally, a "Settlement
Agreement' ' between the City of Ferndale and Friberg dated October 5, 2005 states ".. .
The City agrees and confirms that it shall provide water and sewer utility services to the
Friberg Property... " subject to paying applicable assessments and fees.
P. 2
14. Comprehensive Plan Policy 2S -1 addresses whether the Short Term Planning Area in the
vicinity of the subject site is meeting UGA density objectives. The net density in the
Short Term Planning Area within 'Amile of the subject site is currently one
dwelling /13.33 acres, which does not meet the density objectives set forth in the
Whatcom County Comprehensive Plan. However, the Friberg Family LLC owns
approximately 50 acres of land in the long term planning area that, along with land owned
by others, is proposed to be rezoned to short term planning area. The Friberg Family LLC
also owns about 20 acres in the short term planning area immediately east of the subject
rezone site. While there are approximately 27 acres of undeveloped/underdeveloped land
in the short term planning area within 'Amile of the subject site, the Friberg Family owns
approximately 20 of these acres. Therefore, the Friberg Family LLC owns about 70 acres
in the area. The applicant, John A. Friberg, stated that if the subject rezone is granted, the
70 acres of Friberg Family property would be subdivided under one development plan,
which may be constructed in phases. In other words, while it is true that land immediately
to the east of the rezone site has not met the UGA density objectives, it is largely in the
ownership of the applicant, who intends to develop it, along with the rezone site, at urban
densities once annexed.
15. Comprehensive Plan Policy 2S -1 addresses the need for additional land in the local area.
A rapid increase in the price of houses and lots in the Ferndale area indicates a need for
additional developable land that is served by public water and sewer.
16. Comprehensive Plan Policy 2S -1 addresses consistency with the Comprehensive Plan.
The Whatcom County Comprehensive Plan states:
County goals encourage Ferndale to develop residentially zoned areas at average
net densities of six to eight units per net developable acre. Net developable
acreage is calculated by subtracting areas with development limitations such as
steep slope, flood areas, and other critical areas, and land needed for rights -of-
way, utilities, infrastructure, and open space... (p. 2 -35).
17. Growth Management Act Planning Goal 1 is to "Encourage development in urban areas
where adequate public facilities and services exist or can be provided in an efficient
manner" (RCW 36.70A.020(1)).
18. County -wide planning policy D -3 states: "... Short term and long term boundaries may
be used to facilitate provision of urban levels of service and to not preclude future urban
densities as defined within the Whatcom County Comprehensive Plan" (italics added for
emphasis).
19. County -wide Planning Policy J -3 is:
To encourage use of single occupant vehicle alternatives and development of
pedestrian scale neighborhoods, high density residential development shall be
encouraged in urban growth areas with particular attention to those locations
within cities and in close proximity to arterials and main transit routes.
P. 3
20. The subject site is within an urban growth area, where high density is encouraged by
County-wide Planning Policy J -3. There are three schools located southeast of the subject
site (Horizon Middle School, Eagleridge Elementary School, and Clearview High
School). Additionally, the site is about 1/2 mile west of Whatcom Transportation
Authority (WTA) bus route # 27. Establishing higher density residential developments in
proximity to schools and transit could facilitate greater use of alternative transportation
modes.
21. Section 2F of the Interlocal Agreement is entitled "Minimum Urban Densities." This
section states "The City agrees to adopt and maintain land use designations for
annexation areas consistent with the State GMA, City Comprehensive Plan, and policies
of the County Comprehensive Plan."
22. Section 2C of the Interlocal Agreement is entitled "Annexation Planning." This section
states "Annexations shall be based on policies adopted in the City's Comprehensive Plan,
be consistent with adopted County-wide Planning Policies and Comprehensive Plan
Goals 2N ..."
23. Whatcom County Comprehensive Plan Goal 2P is to "... encourage Ferndale to establish
new residential developments at densities averaging six to eight units per net residential
acre... while respecting unique characteristics associated with each city," This provision
was numbered Goal 2N in the May 1997 and the November 2000 versions of the
Whatcom County Comprehensive Plan. It was renumbered as Goal 2P in 2001 because
Ordinance 2001 -070 inserted a new Goal 2M and "Renumbered subsequent sections of
the Land Use Chapter" of the Comprehensive Plan. Therefore, what is now Goal 2P was
Goal 2N when the Interlocal Agreement was signed 1999 (changes to the Goal were
adopted in 2005 under Ordinance 2005 -016 to clarify that the goal refers to net density).
24. The Whatcom County Comprehensive Plan states that "The Short Term Planning Area
(STPA) is designed to promote urban levels of density and cost - effective provision of
services and avoid sprawl..." (p. 2 -16).
25. The City of Ferndale, in a letter of August 10, 2005, stated that the "... properties being
considered for rezone could be logically added to the city's STPA..." However, the City
of Ferndale also stated that they would not support imposing a condition on the subject
rezone that would require the site to be developed at a net density of 6 to 8
dwellings /acre.
26. The subject site is immediately west of the Pacific Highlands development, which is
within the City of Ferndale. The density of this development, which received final
approval from the City of Ferndale in 2004 and 2005, exceeds six - dwellings /net
developable acre. The average lot size in Pacific Highlands is approximately 6,036 square
feet.
P. 4
27. Whatcom County has an important interest in ensuring that appropriate urban densities
are achieved on land that the City of Ferndale annexes from unincorporated Whatcom
County. A substantial amount of the land surrounding the City of Femdale and its UGA is
designated either Rural or Agriculture by the Whatcom County Comprehensive Plan. The
City of Femdale Buildable Lands Inventory (April 2005) indicates that there is more than
enough land in the Ferndale UGA to accommodate the projected 20 -year population
growth. However, inefficient lower density residential land uses in the UGA will place
more pressure to convert rural and/or agricultural lands to UGA at some point in the
future.
28. Whatcom County's important interest in ensuring appropriate urban densities is expressed
in Whatcom County Comprehensive Plan GOal 2A, which is to "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." Additionally,
Comprehensive Plan Policy 2P -1 is to "Ensure that cities have adopted mechanisms
which will encourage densities at desired levels."
29. Whatcom County's important interest in protecting rural and agricultural lands in the
County (including those rural and agricultural lands surrounding Urban Growth Areas) is
also expressed in the Comprehensive Plan. Specifically, Policy 2A -9 is to "Retain
existing rural and heavy industrial areas in the northwestern region of the county."
Additionally, the Comprehensive Plan states "... The urban growth area identified for
Femdale attempts to provide the best balance among encouraging growth within the
cities, maintaining low density rural areas outside of UGAs, and recognizing the desires
of Whatcom County residents... " (p. 2 -35). It also indicates "... Maintaining the rural
character and lifestyle is very important to Whatcom County residents... " (p. 2 -62).
Additionally, Comprehensive Plan Goal 8A is to "Conserve and enhance Whatcom
County's agricultural land base for the continued production of food and fiber."
30. The " Interlocal Agreement Between the City of Femdale and Whatcom County
Concerning Annexation and Development Within the City of Ferndale UGA" must be
amended every time an annexation is proposed (Section 1). Whatcom County
Comprehensive Plan Policy 2W -6 is to "Review and update the interlocal agreement with
Femdale, as needed, to provide for ... zoning designations and density within the UGA.
31. Therefore, Whatcom County, which has authority to grant or deny applications to rezone
property in the UGA prior to annexation, finds that development on the subject site
should occur at a minimum net density of six dwellings /acre to ensure compliance with
the Interlocal Agreement, to ensure compliance with the Whatcom County
Comprehensive Plan, to provide appropriate urban densities in the UGA and to preserve
rural and agricultural lands surrounding Ferndale over the long term.
CONCLUSION
The subject amendment is consistent with the Whatcom County Comprehensive Plan.
P. 5
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Ordinance map is hereby amended from long
term planning area to short term planning area for the subject site shown on Exhibit A.
Section 2. This amendment to the Official Whatcom County Zoning Ordinance map is subject to
the condition shown on Exhibit B.
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 14 day of March 52006
APPROVED as to form:
Civil DepufyProsecutor
P. 6
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey - Schreiber, Chai erson
( pproved () Denied
Pete Kremen, Executive
Date: 3
Thornton
Rd.
Exhibit A
1)
m
File CON 2005-00006
Ferndale UGA - Thornton Rd, (!North) LTPA to STPA
® Subject Properties,;
Spnhi I],2A{ia
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O 410 l,IC0 19J
P. 7
Exhibit B
Whatcom County will not approve or sign an amendment to the "Interlocal Agreement
Between the City of Ferndale and Whatcom County Concerning Annexation and
Development Within the City of Ferndale UGA" agreeing to annexation of the subject
properties unless the amendment contains the following condition:
1. The City of Ferndale will require the subject properties to be developed at a
minimum density of six dwellings per net developable acre. Average lot size shall not
exceed 7,260 square feet.
A