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Home My WebLink Aboutord2004-030ll'HATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -146 CLEARANCES im 'al Date Dam Received in Council 0 ice Arcane Date Assiunim: Originator: Amy de Vera Pederson 3111104 r qp Vl� V MAR 16 2004 WHATCOM COUN COUNCIL 3123104 Introduction Division Head: Sylvia Goodwin .yLhL y{ 20 04 Planning and DevelopmentICounc Dept Head: Ha! H Hart, A.4CP. 3111 4 Prosecutort Karen Frolics ol, 1 -11.64 Purchasing /Budget 7114161 Executive: Peter Aremen SUBJECT: To amend the Official Whatcom County Zoning Map from Point Roberts Transitional (RRI) for approximately eight acres Zone (TZ) to Residential Rural —I dwelling per acre ATTACHMENTS: (1) Proposed Ordinance (2) Agency Report with Attached Map (3) Staff Report SEPA review required? ( x ) Yes ( SEPA review completed? ( x ) Yes ( ) NO ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO Requested Date: 'The Council must hold a hearing ifthey want to change the Planning Commission's recommendation (WCC 20.90.051). SUMMARY STATEMENT: The request is to amend the Official Whatcom County Zoning Map from Point Roberts Transitional Zone OZ) to Residential Rural — I dwelling unit Pet acre (RRI) for approximately eight acres within the Point Roberts Subarea Distribution Request Indicate those who should receive a copy Per Connell action Lin specific names to the right . ADS Facilities Management ADSFinance ADS Human -Resources ADS Info Services Assessor Auditor Cooperative Extemton boards Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2004 -146 323 12004'. Adopted 420/2004: Atloptetl ] -0, Ord, #2004 -030 R Related File Numbers: File #ZON2003 -00002 Juvenile Parks Planning HaI H. HaH, A.LCP. Prosecutor Public Works Sheri Superior Court Treasurer Other Ordinance or Resolut O, Number (this item): W =4 030 SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 1/21/04 ORDINANCE NO. 2004 -030 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM POINT ROBERTS TRANSITIONAL ZONE (TZ) TO RESIDENTIAL RURAL -ONE DWELLING UNIT PER ONE ACRE (RR1) FOR APPROXIMATELY EIGHT ACRES WITHIN THE POINT ROBERTS SUBAREA. WHEREAS, pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, a Determination of Non - Significance (DNS) was issued under the State Environmental Policy Act (SEPA) on December 22, 2003; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Thursday, February 26, 2004; and WHEREAS, eighty -five notices of public hearing were mailed to property owners within 300 feet of the subject properties on February 24, 2004; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendments on Thursday, March 11, 2004, and considered all testimony; and WHEREAS, the W hatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, the County Council has adopted the following Findings and Conclusions: FINDINGS AND CONCLUSIONS 1. The subject properties were designated Urban Residential - 4 dwelling units per acre (UR4) under the Point Roberts Subarea Plan adopted in May 1990. 2. In conjunction with the 2000/2001 update of the 1990 Point Roberts Subarea Plan, the Point Roberts Steering Committee recommended associated zoning /Comprehensive Plan map amendments that included amending the subject properties from UR4 to Residential Rural - 1 dwelling unit per acre (RR1). 3. At a regularly scheduled work session on June 28, 2001, the Whatcom County Planning Commission recommended that the subject properties be rezoned from UR4 to TZ, concurrent with a recommendation that a third maximum development density option be added to the provisions of the TZ District that would allow property owners to maintain their existing zoning [UR3 and UR4] until such time as sewer is available. 4. On October 21, 2001, Council Planning and Development Committee recommended 3 -11 -04 Page 1 removing the third TZ density option, but did not recommend commensurate zoning map amendments. 5. On December 11, 2001, County Council adopted the 2001 Point Roberts Sub -Area Plan and associated zoning/ Comprehensive Plan map amendments which designated the subject parcels as Point Roberts Transitional Zone (TZ). 6. On June 12, 2003, the applicant submitted a paid application requesting a zoning map amendment from TZ to RR1 for the subject properties. 7. The land use of the subject properties consists of one single - family residence. The remainder of the property is vacant and was cleared in 1995196 and 1999. 8. Existing land uses surrounding the subject properties consist primarily of single - family residences developed at densities averaging approximately 3.5 dwelling units per acre. 9. The proposed zoning map amendments have been developed consistently with the Growth Management Act, County-Wide Planning Policies, Whatcom County Comprehensive Plan, and the Point Roberts Subarea Plan. 10. No affects to critical areas or resource lands are anticipated as a result of the proposed zoning map amendment. 11. Based upon comments received from service providers within the Point Roberts Subarea, it is not anticipated that the proposed zoning map amendment will have any affect on the ability of the Districts /County to effectively serve the area. 3 -11 -04 Page 2 NOW, THEREFORE, BE IT ORDAINED by the W hatcom County Council that: Section 1. The Official Whatcom County Zoning Map be amended from Point Roberts Transitional Zone (TZ) to Residential Rural — 1 dwelling unit per acre (RR1) for Assessor Parcel Nos. 415335- 115110 and 415335- 069104 as shown in Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof other than the part so declared to be invalid. ADOPTEDthis 20thdayof April 2004. Y •COr�t: =�i. WHAT MCOUNTY brown -1.7Jvi* . of t6'lfCD p 4 OF 9„ n� APPFFLIVED49Idlt6ri{ —i' � (cylipprove�cT= Karen Frakes, Civil Deputy Prosecutor Pe a Krerren, Executive Date: 3 -11 -04 Page 3 rue #:ZON2003 -00002 TZ to RR1 - Point Roberts Legend Q Zoning Boundary Applicant Parcels - Proposed RR1 Zoning Exhibit A January 2004 - sbw. !FOq - k WM _ g��y <� IVW'°fir. �. 9'I; 2004 0 135 na w 910 1Can WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION & RECOMMENDATIONS AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM POINT ROBERTS TRANSITIONAL ZONE (TZ) TO RESIDENTIAL RURAL — ONE DWELLING UNIT PER ONE ACRE (RR1) FOR APPROXIMATELY EIGHT ACRES WITHIN THE POINT ROBERTS SUBAREA WHEREAS, Pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, A Determination of Non - Significance (DNS) was issued under the State Environmental Policy Act (SEPA) on December 22, 2003; and WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Thursday, February 26, 2004; and WHEREAS, Eighty -five notices of public hearing were mailed to property owners within 300 feet of the subject properties on February 24, 2004; and WHEREAS, The Planning Commission held a public hearing on the proposed amendments on Thursday, March 11, 2004, and considered all testimony. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION AND RECOMMENDATION: I. FINDINGS OF FACT AND REASONS FOR ACTION 1. The subject properties were designated Urban Residential — 4 dwelling units per acre (UR4) under the Point Roberts Subarea Plan adopted in May 1990. 2. In conjunction with the 2000/2001 update of the 1990 Point Roberts Subarea Plan, the Point Roberts Steering Committee recommended associated zoning /Comprehensive Plan map amendments that included amending the subject properties from UR4 to Residential Rural — 1 dwelling unit per acre (RR1). 3. At a regularly scheduled work session on June 28, 2001, the Whatcom County Planning Commission recommended that the subject properties be rezoned from UR4 to TZ, concurrent with a recommendation that a third maximum development density option be added to the provisions of the TZ District that would allow property owners to maintain their existing zoning [UR3 and UR4] until such time as sewer is available. 4. On October 21, 2001, Council Planning and Development Committee recommended removing the third TZ density option, but did not recommend commensurate zoning map amendments. 5. On December 11, 2001, County Council adopted the 2001 Point Roberts Sub -Area Plan and associated zoning/ Comprehensive Plan map amendments which designated the subject parcels as Point Roberts Transitional Zone (TZ). 6. On June 12, 2003, the applicant submitted a paid application requesting a zoning map amendment from TZ to RR1 for the subject properties. 7. The land use of the subject properties consists of one single - family residence. The remainder of the property is vacant and was cleared in 1995/96 and 1999. 6. Existing land uses surrounding the subject properties consist primarily of single - family residences developed at densities averaging approximately 3.5 dwelling units per acre. 9. The proposed zoning map amendments have been developed consistently with the Growth Management Act, County-Wide Planning Policies, Whatcom County Comprehensive Plan, and the Point Roberts Subarea Plan. 10. No affects to critical areas or resource lands are anticipated as a result of the proposed zoning map amendment. 11. Based upon comments received from service providers within the Point Roberts Subarea, it is not anticipated that the proposed zoning map amendment will have any affect on the ability of the Districts /County to effectively serve the area. II. RECOMMENDATION Based upon the above findings of fact and reasons for action, the Whatcom County Planning Commission recommends approval of the proposed zoning map amendments as shown in Exhibit A. WHATCOM COUNTY PLANNING COMMISSION Hal H. Hart, Secretary �/fc/ y Date Vote taken Marchl1 2004 at a regularly scheduled Planning Commission meeting. Commissioners voting: DAVID PROS, ROBERT WIESEN, RON ROOSMA, JOHN STEENSMA, DAVID HUNTER, KENNETH MANN, JOHN BELISLE AND RABEL BURDGE. Ayes: 6, Nays: 2, Abstain: 0. Motion carried to adopt the above Findings of Fact and Reasons for Action, Conclusions and Recommendations. Attachments: EXHIBIT A: Recommended zoning map amendment from Point Roberts Transitional Zone (TZ) to Residential Rural — 1 dwelling unit per 1 acre (RR1) } 1 rile #:ZQN2003 -00002 TZ to RR1 - Point Roberts Legend Q Zoning Boundary Applicant Parcels - Proposed RR1 Zoning Exhibit A I January 2004 - abw. 1*�!:G "3S �N` iM mow . 2004 0 135 270 w 810 10 1 File # ZON2003 -00002 Rov Rezone TZ to RR1 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT BACKGROUND INFORMATION File # ZON2003 -00002 File Name: TZ to RRt - Pt. Roberts Applicant: John Roy P.O. Box 3 Point Roberts, WA 98281 March 3, 2004 Public Notice: On February 24, 2004, 85 notices of public hearing were mailed to property owners within 300 feet of the subject property. Legal notice for a Planning Commission public hearing, scheduled on Thursday, March 11, 2004, was published in The Bellingham Herald on February 26, 2004. SEPA: The Whatcom County SEPA Official issued a Determination of Non - significance Official for the proposed zoning map amendments on December 22, 2003. Summary of Request: The applicant requests a rezone of approximately 8.15 acres from Point Roberts Transitional Zone (TZ) to Residential Rural - one dwelling unit per acre (RR1). (See attached Exhibit A to staff report.) Location: The site is located at 1851 Province Road, Point Roberts, within the SW '% of Section 35, T41 N, R3W, W.M., Assessor Parcel Nos. 415335- 115110 and 415335- 069104. Site Description: The subject property consists of two parcels that are each approximately four acres in size. The western parcel, 1851 Province Road, contains an existing single - family residence. The remainder of the parcel was cleared in 1995/1996. The eastern parcel, approximately 4.15 acres, is undeveloped and was converted from forest to pasture in 1999. Description of Surrounding Land Uses: The area surrounding the subject property is zoned Residential Rural - one dwelling unit per acre (RR1) and the existing land uses are predominantly single - family residences that have been developed on lots averaging approximately .28 acre in size, or at densities of approximately 3.5 dwelling units per acre. Background: May 1990: Adoption of the 1990 Point Roberts Subarea Plan enacted the first official zoning designations in Point Roberts. Under the 1990 plan, the applicant's property was zoned Urban Residential — 4 dwelling units per acre (UR4), consistent with the UR4 zoning designation of surrounding properties. • 2000/2001 Point Roberts Subarea Plan update: In September 2000, the Point Roberts community began the process of updating the 1990 Point Roberts Subarea Plan. File # ZON2003 -00002 March 3, 2004 Roy Rezone (TZ to RR1) Staff Report, Pape 2 Through the 2000/2001 update process, the Point Roberts Steering Committee, Planning staff and consultants worked in conjunction with the Point Roberts community to develop an optimum land use (zoning /Comprehensive Plan) map. The recommended map (Draft Map Version 3.0) was, in part, developed in response to community input, goals and policies of the draft plan, analysis of environmental and infrastructure constraints, as well as identified land use demands. The proposed map was also intended to consolidate and simplify the "mosaic patterns of zoning designations' that existed under the previous subarea plan. Under Draft Map Version 3.0, the applicant's property was recommended to be zoned Residential Rural — 1 dwelling unit per acre (RRt), consistent with the RR1 zoning designation recommended for the surrounding neighborhood. • June 14, 2001: The Whatcom County Planning Commission held a public hearing in Point Roberts on the proposed 2001 Point Roberts Subarea Plan and associated map amendments. The applicant, Mr. Roy, testified at the public hearing and expressed an interest in retaining UR4 zoning on his property. • June 28, 2001: The Whatcom County Planning Commission continued the work session on the 2001 Point Roberts Subarea Plan and associated map amendments and, among other issues, discussed the conceptual development requirements and maximum density allowances for the proposed new Transitional Zone (TZ) District. The initial concept for the proposed TZ District, as recommended in the draft subarea plan, was to allow two development density scenarios: 1. One dwelling unit per five acres without public water or sewer; or 2. One dwelling unit per acre with public water and sewer, STEP, or a community wastewater facility; if cluster subdivided; and if a permanent open space reserve tract is dedicated. During their deliberations, the Planning Commission recommended adding a third TZ density option to: 3. Allow property owners to maintain their existing zoning [UR3 and UR4] densities until such time as sewer is available. Upon later review of property specific zoning requests, the Planning Commission subsequently recommended that Mr. Rot's property be rezoned from UR4 to TZ, in conjunction with the Planning Commission's recommended third TZ density option; therefore honoring his request to maintain the higher UR4 density potential on his property. • October 21, 2001: Council Planning and Development Committee proposed removing the third TZ density option that had been recommended by Planning Commission. However, Planning and Development Committee did not recommend commensurate zoning map amendments in conjunction with the proposed elimination of the third TZ density option. • December 11, 2001: County Council adopted the revised 2001 Point Roberts Sub -Area Plan and associated Zoning /Comprehensive Plan map. Under the adopted 2001 plan, Mr. Roy's property was rezoned from UR4 to TZ with a maximum potential density of 1 dwelling unit per acre. All of the neighboring properties were rezoned to RR1. • June 12, 2003: Mr. Roy submitted a paid application requesting a zoning map amendment from TZ to RR1 for the subject properties. File # ZON2003 -00002 March 3, 2004 Roy Rezone (TZ to RR1) Staff Report, Page 3 II. ANALYSIS OF THE PROPOSED AMENDMENT Factors to be considered when evaluating a rezone application are found in WCC 20.90.050 and case law. These factors are set forth and discussed below. Whether the initiated zoning map amendment conforms to the requirements of the GMA, is internally consistent with the Comprehensive Plan, and is consistent with County -Wide Planning Policies and any interlocal agreements executed pursuant to the GMA. Growth Management Act (GMA): Rural amendments to the Growth Management Act in 1997, under RCW 36.70A.070(5)(d) — Rural element, allow counties to delineate and infill areas characterized by pre- existing patterns of more intensive rural development. 1997 Whatcom County Comprehensive Plan: The Whatcom County Comprehensive Plan, adopted in 1997, designates the subject site and the surrounding area as a "Resort Recreational Subdivision." The purpose of the "Resort Recreational Subdivision" Comprehensive Plan designation is to: Recognize the existing mixture of recreational and residential development of resort and recreational subdivisions and ensure that future growth can be serviced appropriately. (WCCP P. 2 -79) 2001 Point Roberts Subarea Plan: Policy 3.1.2 - To support lower- density development outside of the Village Center and established residential areas, encourage uniformity in residential zoning classifications that promote rural density or cluster development which can be more efficiently served by wastewater and drainage systems. The proposed Residential Rural zoning designation is consistent with the purpose of the existing Resort Recreational Subdivision Comprehensive Plan designation and has been upheld under the Growth Management Act as an appropriate zoning designation for such areas of Whatcom County that are characterized by pre- existing patterns of more intense rural development. The proposed zoning map amendment is also consistent with the policies of the 2001 Point Roberts Subarea Plan in that its purpose is to "encourage uniformity in residential zoning classifications" by eliminating a zoning anomaly that is specific the applicant's property. Anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. Under TZ or RR1, the maximum build -out scenario of each zone district would yield the same maximum density of one dwelling unit per acre. Therefore, no effects on the rate or distribution of population, employment, development, or conversion of land are anticipated as a result of the proposed zoning map amendment. The only difference between the two zone districts would be the manner in which development would be required to occur in order to attain a maximum potential development density of 1 dwelling unit per 1 acre (i.e. required cluster development, a dedicated open space reserve tract, and public sewer, STEP, or File # ZON2003 -00002 March 3, 2004 Roy Rezone (TZ to RR1) Staff Report Page 4 community wastewater facility [TZ]; or conventional development with the option to cluster [RR1]). Residential Rural —1 unit per acre (111111): (Proposed) • The maximum allowable development density is 1 dwelling unit per 1 acre without public water or sewer. • The maximum development density is still 1 dwelling unit per 1 acre with public water and /or sewer. Point Roberts Transitional Zone (TZ): Current • The maximum development density is 1 dwelling unit per 5 acres without public water and public sewer, STEP, or a community wastewater facility. • The maximum development density is 1 dwelling unit per 1 acre • with public water and public sewer, STEP, or a community wastewater facility; • with cluster subdivision; and • with a dedicated open s ace reserve tract. • Anticipated effect upon the ability of the County and /or other service provider, as applicable, to provide adequate public facilities including transportation facilities. 1. Fire protection in Point Roberts is provided by Whatcom County Fire District No. 5. On January 29, 2004, staff sent a letter to the Chief of District No. 5 requesting an evaluation of the proposal's anticipated impact on the District's ability to provide adequate fire service. No response was received. However, given that the requested zoning map amendment would not increase the overall development potential of the parcels, there would be no increased demand for fire service beyond that which is already planned. Therefore, it is not anticipated that the proposal will have any affect upon the ability of the District to adequately service the Point Roberts Subarea. 2. Per a conversation with the Whatcom County Health & Human Services — Environmental Health Division, the existing house is currently served with public water from the Point Roberts Water District. On January 29, 2004, a letter was sent to Point Roberts Water District No. 4 requesting an evaluation of the proposal's anticipated impact on the District. In a letter dated February 12, 2004, the Water District No. 4 Manager states that: "The parcels involved in the zoning amendment have no water main infrastructure [to serve potential development]. A water main extension approximately 500 ft., and appurtenances, need to be installed in accordance with plans and specifications approved by the Point Roberts Water District No. 4... the District is currently approved by the Washington State Department of Health for 2050 service connections and currently serves 1860. The Board of Commissioners anticipates no impact on the District if the zoning amendment proceeds and supports this amendment." 3. A letter was sent to Blaine School District No. 503 on January 29, 2004 requesting an evaluation of the proposal's anticipated impact on the District. The School District Superintendent responded with a letter, dated February 2, 2004, requesting `that any development be asked to consult with the school district regarding appropriate school bus drop off and pullout areas... to review the development plan to assure appropriate and safe student bus transportation areas are included." File # ZON2003 -00002 March 3, 2004 Roy Rezone (TZ to RR1) Staff Report Page 5 4. With regard to transportation, the subject parcels may be accessed via Province Road to the north and via Kennedy Road to the south. The two parcels are separated by Kennedy Road, an unimproved road right -of -way, that, when improved, would connect Johnson Road to Province Road. A memorandum was sent to Whatcom County Public Works - Engineering Division on January 29, 2004 requesting an evaluation of anticipated impacts or road improvements that might be required to accommodate the proposed zoning map amendment. In a memo dated February 13, 2004, the County Engineering Division of Public Works stated that: "Future land division of this approximately 8+ acres will require further review and conditions of approval at the time of platting. One of the areas County Engineering would be looking at is the extension of Kennedy Road between Johnson Road and Province Road. Road frontage improvements for Province Road and stormwater improvements will also be reviewed at time of application for any land division." Based upon comments received from service providers within the Point Roberts Subarea, it is not anticipated that the proposed zoning map amendment will have any affect on the ability of the Districts /County to effectively serve the area. If future development of the subject properties is anticipated, then the provisions described in the above reference letters should be addressed at the time of project application. • Anticipated effect upon critical areas and resource lands. There are no anticipated effects as no critical areas, resource lands or known archaeological resources have been identified on the site. Note: In the case of inadvertent archaeological resource discovery, the provisions of WCC 20.72.652 will apply. • Evidence of changed conditions or further studies since the adoption of the original zoning. In the case of the applicant's property, the changed conditions occurred during the Planning Commission and County Council recommendation and adoption phase of the 2001 Point Roberts Subarea Plan. (See the Background section above.) A third density option under the TZ district that had been recommended by Planning Commission, and the reason for which the applicant's property had been recommended to be rezoned to TZ, was amended by County Council between the time that the applicant's property was proposed as TZ and the time that County Council adopted the final 2001 Point Roberts zoning map and Comprehensive Plan map amendments. • The amendment must bear a substantial relationship to the public health, safety, morals, or welfare. Amending the official W hatcom County zoning map from TZ to RR1 for the subject properties would be in the interest of public health, safety, morals and welfare in that it would afford the applicant the same privilege of zoning as that already enjoyed by surrounding properties and would likely eliminate what might be considered a spot zone. File # ZON2003 -00002 March 3, 2004 Roy Rezone (TZ to RR1) Staff Report, Page 6 • Other anticipated effects on the Comprehensive Plan, its policies and objectives, that, in the opinion of the Department, warrant consideration by the Planning Commission. Planning staff has not identified any additional factors related to the proposed zoning map amendment that warrants consideration by the Planning Commission. III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1. The subject properties were designated Urban Residential —4 dwelling units per acre (UR4) under the Point Roberts Subarea Plan adopted in May 1990. 2. In conjunction with the 2000/2001 update of the 1990 Point Roberts Subarea Plan, the Paint Roberts Steering Committee recommended associated zoning /Comprehensive Plan map amendments that included amending the subject properties from UR4 to Residential Rum[ — 1 dwelling unit per acre (RR1). 3. At a regularly scheduled work session on June 28, 2001, the Whatcom County Planning Commission recommended that the subject properties be rezoned from UR4 to TZ, concurrent with a recommendation that a third maximum development density option be added to the provisions of the TZ District that would allow property owners to maintain their existing zoning [UR3 and UR4] until such time as sewer is available. 4. On October 21, 2001, Council Planning and Development Committee recommended removing the third TZ density option, but did not recommend commensurate zoning map amendments. 5. On December 11, 2001, County Council adopted the 2001 Point Roberts Sub -Area Plan and associated zoning/ Comprehensive Plan map amendments which designated the subject parcels as Point Roberts Transitional Zone (TZ). 6. On June 12, 2003, the applicant submitted a paid application requesting a zoning map amendment from TZ to RI for the subject properties. 7. The land use of the subject properties consists of one single - family residence. The remainder of the property is vacant and was cleared in 1995196 and 1999. 8. Existing land uses surrounding the subject properties consist primarily of single - family residences developed at densities averaging approximately 3.5 dwelling units per acre. 9. Notice of a Planning Commission public hearing on the proposed zoning map amendments was published in The Bellingham Herald on February 26, 2004. 10. Notice was mailed to the subject property owner on February 4, 2004 and to property owners within a 300' radius of the subject properties on February 24, 2004. 11. The Whatcom County SEPA Official issued a Determination of Non - Significance on December 22, 2003. 12. A Whatcom County Planning Commission public hearing is scheduled for March 11, 2004. File # ZON2003 -00002 March 3, 2004 Roy Rezone (TZ to RR1) Staff Report, Page 7 IV. PROPOSED CONCLUSIONS 1. The proposed zoning map amendments have been developed consistently with the Growth Management Act, County -Wide Planning Policies, Whatcom County Comprehensive Plan, and the Point Roberts Subarea Plan. 2. No affects to critical areas or resource lands are anticipated as a result of the proposed zoning map amendment. 3. Based upon comments received from service providers within the Point Roberts Subarea, it is not anticipated that the proposed zoning map amendment will have any affect on the ability of the Districts /County to effectively serve the area. V. Based upon the above findings of fact and conclusions, staff recommends approval of the requested rezone from Point Roberts Transitional Zone (TZ) to Residential Rural - one dwelling unit per acre (RR1). VI. EXHIBITS A. Map: Proposed zoning map amendment from TZ to RR1. �f File #:ZON2003 -00002 TZ to RR1 - Point Roberts Legend Q Zoning Boundary VX1,, Applicant Parcels - Proposed RR1 Zoning Exhibit A } January 22y0.,0,44- abw. 2004 0 135 210 540 910 10^61