HomeMy WebLinkAboutres2003-026WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -104 A
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Ong. Dept.: County Council
3/17/2003
3/11/2003
Council
Division Head:
Dept. Head'.
Prosecutor
Budget
Executive
SUBJECT.
Resolution remanding site specific rezone at Atwood Rd. back to Hearing Examiner
ATTACHMENTS
SUMMARYSTATEMENT
Related County Contract k'. i Should the Clerk schedule a hearing? (Y/N) Requested Date:
Resolution remanding to the Hearing Examiner a request for a site specific rezone of 50.3 acres from Rural Five Acres to Light
Impact Industrial at Arwood Road North of the 1 -5 /Grandview Interchange. (Jansen rezone)
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
3/11/2003: Approved 7 -0, Res. #2003-026
Related File Numbers: Ordinance or Resolution Number (this item only):
R2003 -26
SPONSORED BY: Council
PROPOSED BY: Consent
INTRODUCTION DATE: 3/11/2003
RESOLUTION NO. 2003 -026
REMANDING TO THE HEARING EXAMINER A REQUEST FOR A SITE SPECIFIC
REZONE OF 50.3 ACRES FROM RURAL FIVE ACRES TO LIGHT IMPACT
INDUSTRIAL AT ATWOOD ROAD NORTH OF THE I- 5 /GRANDVIEW
INTERCHANGE
WHEREAS, the Whatcom County Hearing Examiner forwarded to the
Whatcom County Council a recommendation for approval of a Site Specific Rezone
of 50.3 acres from R5A to -II on Atwood Road north of the I -5 /Grandview
interchange, Ferndale, Washington; and
WHEREAS, the Hearing Examiner's recommendation was considered by the
Whatcom County Council at its regularly scheduled meeting on March 11, 2003;
and
WHEREAS, said meeting was duly convened and took place in all respects in
accordance with law, and to the extent required by law, due and proper notice of
such meeting was given, and a legal quorum of the Whatcom County Council was
present throughout the meeting; and
WHEREAS, upon review of the facts and conclusions as presented by the
Hearing Examiner, and the record and file in this matter, the Council questions
whether the buffer areas along the northern boundary and the southwest boundary
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line above the creek or culvert which runs parallel and adjacent to I -5 are sufficient
to fulfill the requirements of WCC 20.90.063(2)(b) in light of the potential adverse
noise, light, traffic and visual impacts which the proposed land use may have upon
the surrounding neighborhood as a whole.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that
this matter is hereby remanded to the Hearing Examiner pursuant to WCC
20.90.051(6)(b)(III) for reconsideration. Upon remand, the Hearing Examiner is
directed to reopen the record in this matter to take additional evidence and
testimony solely on the issue of the adequacy of the buffers in the areas described
to the extent the Hearing Examiner deems necessary to fully reconsider his
previous recommendation to the Council on this aspect of the application.
NOW, THEREFORE, BE IT FURTHER RESOLVED that based upon the
additional evidence and /or testimony allowed, and the existing record and file
herein, the Hearing Examiner is directed to reconsider his recommendation as to
the adequacy of the buffers in light of the requirements of WCC 20.90.063(2)(b).
APPROVED this 11th day of March, 2003.
ATTEST:
Dana Brown - Davis, Clerk of the Council
AP ROVED AS TO FORM:
r m gLAQ�-
Civil De ty Prosecutor
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair