HomeMy WebLinkAboutord2004-0499948004
SPONSORED BY: Consent
PROPOSED BY: Consent
INTRODUCTION DATE: --9-i \ i, i 04
ORDINANCE 4 2004 -049
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP TO
IMPLEMENT THE BIRCH BAY COMMUNITY PLAN
WHEREAS, The Planning Commission held public hearings the Birch Bay Community Plan
on September 25, 2003 and January 8, 2004 and a work session on February 12, 2004 and
recommended approval of the revised plan; and
WHEREAS, On July 22, 2003, the SEPA Official issued a determination that the revised
Birch Bay Community Plan is not likely to have a significant adverse environmental impact, and that
no EIS is required and has further reviewed the additional revisions to the plan and associated zoning
amendments; and
WHEREAS, The County Council considered the Planning Commission's Recommendations
and held public hearings on June 29 and September 28, 2004 to consider additional public input on
amendments to the Birch Bay Community Plan and associated zoning amendments; and
WHEREAS, The County Council adopts the following findings of fact and conclusions:
FINDINGS OF FACT
1. Notice of the Planning Commission Hearing on the Birch Bay Community Plan was
published in the Bellingham Herald on September 11, 2003 and December 25, 2003.
2. The Planning Commission held public hearings on the Birch Bay Community Plan
September 25, 2003 and January 8, 2004.
3. On July 22, 2003, the SEPA Official issued a determination that the revised Birch Bay
Community Plan is not likely to have a significant adverse environmental impact, and
that no EIS is required, and has completed an additional review of the proposed changes
to reaffirm his Determination of Nonsignificance.
4. The Birch Bay Community Plan is consistent with County Comprehensive Plan, County-
wide Planning Policies and Growth Management Act (GMA) planning goals.
5. Amendments to the Official Whatcom County Zoning Map are necessary to implement
the revisions to the Birch Bay Urban Growth Area adopted in the Birch Bay Community
Plan.
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6. The provisional rezone as shown in Exhibit B is dependent on the conditions of approval
being fulfilled. These conditions include public sewer and water, application for a site
specific rezone, submittal of a site plan and utilizing transferable development rights.
The proposal will encourage the transfer of development rights from critical areas to an
area that is suitable for development.
CONCLUSIONS
The Birch Bay Community Plan and associated revisions to the Whatcom County
Comprehensive Plan and Official Whatcom County Zoning Map comply with the
approval criteria for Comprehensive Plan Amendments as stipulated in WCC 20.10.080
and the criteria for zoning amendments in WCC 20.90.
2. The proposed zoning map amendments are necessary to maintain consistency between the
zoning map, the final Birch Bay Community Plan and the revised Whatcom County
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Map is revised per Exhibit A.
Section 2. The Official Whatcom County Zoning Map is revised per Exhibit B. The effective
date of the rezones to URM 24, GC and UR 4 within the provisional rezone area shall be the date
when the following conditions are fulfilled:
1. Property owner(s) shall prepare a site plan showing the design and layout of
proposed lots, commercial structures, multi - family structures, road and
pedestrian connections to adjacent parcels, and protected critical areas, buffers
and open space.
2. Property owner(s) shall purchase or transfer sufficient development rights to
achieve the requested density increase, based on the TDR ratios established in
the Whatcom County Code.
3. The properties shall be serviced by public water and sewer.
4. Property owners shall apply to the County for a site - specific rezone
pursuant to Chapter 20.90 WCC in conjunction with submittal of a
subdivision or binding site plan application for the subject parcel or parcels.
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 28th day of September 2004
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APPROVED as to l �orn
Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
V' j
Dan McShane, Chairperson
/Approved O Denied
Pe a Kremen, Executive
Date: /L
192 Planning Dlvision\SUBAREAS\BB Blaine \Council Final Changes\ORD CMP2000 -00030 zoning dm .dm