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HomeMy WebLinkAboutord2004-018WHATCOAl COUNTY COUNCIL AGENDA BILL NO. 2003 -075F CLEARANCES initial ived in Council 0 ic A endaDUte Assi neal originaror: EI(mbeth K Olsen 1021 /03 Introduction r Lr= - Dh idon Head: Stivm Goodwin 11/5/03 P & D / Council CReceived 9 2603 Dept Head: Hal Hart 1 Pu.Rl - RI Prosecutor: Karen Franker < t +n` lisori v Purchasingllbuse. Executive: Pete severe JVDJZLI: The request is to amend the Whatcom County Comprehensive Plan Map to extend the Crossroads Commercial designation for a property in the Hinote's Corner location of Whatcom County. I ATTACHMENTS: (1) Proposed Ordinance with Attachment "A (2) Agency Report (3) Staff Report March 27, 2003 SEPA review required? ( X ) Yes ( ) No Should Clerk schedule a hearing? ( ) Yes ( Xt) No SEPA review completed? ( X) Yes ( ) No Requested Date: 'A hearing must be held ifthe Council changes the Planning Commission recommendation (WCC20.10.110. SU'MMARYSTATEMENT: Distribution Request The request is to amend the Whatcom County Comprehensive Plan Map Indicate those who should receive a copy after Council to rezone 0.76 acre from Rural (R2A) to Crossroads Commercial (General action. List specific names to the right. Commercial) in the Hinote's Corner location of Whatcom County. ADS Facilities management Assessor District Court Executive Health Hearing Examiner Jail COLA CIL ACTION TAKEN: Juvenile 2003 -75F 10/21/2003: Introduced Parks 111512003: Public Hearing to be held on 11/18 Planning Hal Hart 11/18/2003. Forwarded to concurrency meeting Prosecutor 31912004: Adopted 4 -1 -1, Crawford opposed, Casket'- Pubic Works Schreiber recused, Nelson absent, Ord. #2004 -018 Sher Superior Court Treasurer Bell, other Ordinance item) Resolution *7umber � N�� Related File Numbers: File NCMP2003 -00010 (this item SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 10/21/03 ORDINANCE NO. 2004 -018 AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP FOR 0.35 ACRES IN THE CROSSROADS COMMERCIAL DESIGNATION OF HINOTE'S CORNER WHEREAS, The request is to amend the official Whatcom County Comprehensive Plan Map for roughly 3 acres of a parcel of land from Rural, (132A), to Crossroads Commercial, (General Commercial), located in the northeast portion of Hinote's Corner; and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on Thursday, March 13, 2003; and WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non - significance on March 13, 2003, notice mailed to surrounding property owners and the site posted; and WHEREAS, The Whatcom County Planning Commission held a public hearing on the proposed amendment on Thursday, March 27, 2003, and considered all testimony; and WHEREAS, The Whatcom County Planning Commission recommended denial of the applicant's proposed map amendment on Thursday, March 27, 2003; and WHEREAS, The Whatcom County Planning Commission recommended that the General Commercial zoning line be adjusted 105 feet easterly of the present location, to a point 425 feet east of the western section line of Section 4, Township 39 North, Range 3 East of Willamette Meridian, (an area of approximately 0.76 acre); and WHEREAS, The Whatcom County Council at its regularly held meeting on November 5, 2003, recommended an amendment to the Planning Commission's recommendation and recommended holding a public hearing on Tuesday, November 13, 2003; and WHEREAS, The County Council recommended reducing the area of the proposed rezone of the Faber property to an area of 0.35 acre as shown by the dimensions on the attached Exhibit "A "; and WHEREAS, the County Council finds the amendment in the best interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS OF FACT 1. Legal notice was published in the Bellingham Herald on Thursday, March13, 2003, notice mailed to surrounding property owners and the site posted on March 10, 2003. 2. A Determination of Non - significance was issued under the State Environmental Policy Act (SEPA) on March 13, 2003. 3. The Whatcom County Planning Commission held a public hearing on the proposed amendment on Thursday, March 27, 2003, and considered all testimony. 4. The property is flat, with a residence, a converted storage /garage building and a personal storage Coverall building. A Group B water system and a 42' diameter non - potable water tank have been constructed onsite. 5. The soil is prime soil, permeability is moderately rapid and available water capacity is moderate. The area is situated in a Critical Aquifer Recharge Area. 6. A changed condition that indicates a need for an amendment in the Whatcom County Comprehensive Plan Official Map is the conversion of the existing 60 year old chicken battery into a fully renovated 161 foot long storage /garage building that straddles two zone designations. 6. The applicant for the Comprehensive Plan Amendment has provided no evidence to support the rezone of the entire +/- 3 acres from Rural, R2A, into General Commercial, GC. 7. The Planning Commission recommended denial to the applicant's proposal and recommended a further adjustment to the zone line put forward by the Planning staff at the March 27, '03, public hearing. 8. The Whatcom County Council recommended an amendment of the Planning Commission's recommendation on November 5, 2003, and recommended a readjustment to the zone line and a public hearing for November 18, 2003. 9. County Council finds that a readjustment in the extension of the zoning line 105 feet easterly of the existing location of the Crossroads Commercial (General Commercial) zoning line on the south portion of the applicant's property, thence running the zone line at right angles north 147 feet, thence running the zone line at right angles west 105 feet to meet with the present location of the zone line, will be sufficient to allow access to the rear (or easterly end) of the renovated storage building. CONCLUSION The Whatcom County Council concludes that its recommended amendment, based upon the above analysis and findings of fact, is consistent with the goals and policies of the Growth Management Act, the Whatcom County Comprehensive Plan and the County -wide Planning Policies. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Comprehensive Plan Map for the Crossroads Commercial at the Hinote's Corner is hereby amended as shown on Attachment "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 9 day of March , 2004 „H� -� -- WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON too n z Dan McShane, Council Chair APPROVED as to form Karen Prakes Civil Deputy Prosecutor ( Approved ( )) Denied Pete Kremer, Executive Date: 3 _ /J-Ivyr RASPBERRYFIELD Attachment "A" ZIIX G f s o f} LL Q d o 33 a W Y LL C r Y3 R s $x . A Qqw WQ o ; so > W Og ! 0 UO � Ctll 2! HANNEOAN ROAD w w W W O� W O LL MEN N V O fl- W m N N w c U Z 0 n 0 N LL tUA m O C rn Z Z O z X a W w X `o W U m N , N O N U) Q ' ' 3 i ��'S_4al�ASIEC�rr R ae Qqw WQ o ; so > W Og ! 0 UO � Ctll 2! 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