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HomeMy WebLinkAboutord2003-024WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -104 CLEARANCES Initial Date Dare Received in Council Office Agenda Date Assi ned m: Origi,aror: ,Nirhae(6obbi "k IL FEB 9 6 2003 _ �`.0ItN 1 2/25/2003 Introduction Mission Head: r 3/11/03 P & D / Council Dept. Head: Prasecuor ParchasvoBadgel: Executive: SUBJECT: Site Specific $`ezone Application by Al Jansen, `1 -5 Properties, "ZON2000- 0011IBSP2001 -0001 ATTACHMENTS: Hearing Examiner Recommendation to Council and BSP Decision, with attached Draft Ordinance; Hearing Examiner File, I-5 Properties /Al Jansen, ZON2000- 0011IBSP2001 -0001 SEPA reviero required? ( ) Yes ( ) NO SEPA reviero completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Dare: SUMMARY STATEMENT: This application requests approval for a Site Specific Rezone of an approximately 50.3 -acres from Rural Five Acres to Light Impact Industrial. In conjunction with the Site Specific Rezone, the applicant also seeks approval of a Preliminary Binding Site Plan Application to develop a 20 -site light industrial park and a two -site General Commercial area. The property is located at Atwood Road, north of I -5 Grandview Road interchange, Ferndale, Washington. The Whatcom County Hearing Examiner recommends the Whatcom County Council approve the requested Site Specific Rezone of 50.3- acres from R5A to LII, by adopting the attached ordinance. In conjunction, the Hearing Examiner approves a Preliminary Binding Site Plan for the proposed development of a 20 -site light industrial park and 2 -site General Commercial area. Distribution Request h,dicate those who should recetve a copy after Council action. ra rparnrnan,esm 1/ta right. AS Facilities Management As Finance Asemnan Resources ASInfo Sereice: Assessor Auditor caaeaadve £xmnai ^^ District Court Execmim Heaah Hearing Examiner Jail COUNCIL ACTION TAKEN: 2003 -104 2125/2003. Introduced 3/1112003. Remanded back to Hearing Examiner 418/2003: Adopted 5 -1 -0, Fleetwood opposed, Nelson absen Ord. #2003-024 Related County Contract #: Javentie Parks Planning Prosecutor Public Works sheriff Superior court Treasurer other Re /aced File Numbers: Ord, oce or Reso[ iown Number (this item): QR A 2m • 0Z+ SPONSORED BY: PnS PROPOSED BY: PDS INTRODUCTION DATE:2 /25/03 ORDINANCE NO. 2003 -024 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR 50.3 ACRES ON ATWOOD ROAD NORTH OF THE 1- 5 /GRANDVIEW INTERCHANGE. WHEREAS, the Whatcom County Deputy SEPA Official for Whatcom County issued a Determination of Non - significance on May 10, 2001; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on March 28, 2001 and January 2, 2003; and WHEREAS, the Whatcom County Hearing Examiner held a public hearing on the proposed amendment on January 15, 2003, and considered all testimony; and WHEREAS, the Hearing Examiner recommended approval of the Site Specific Rezone for approximately 50.3 acres from Rural (R5A) to Light Impact Industrial (LII) with associated conditions; and WHEREAS, the County Council finds this map amendment in the best interest of the public health, safety and welfare, based on the Whatcom County Hearing Examiner's Findings of Fact and Conclusions of Law, attached as Exhibit 2. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Map will be amended from Rural (R5A) to Light Impact Industrial (LII) for approximately 50.3 acres of Assessor's Parcel No. 390206 - 458154 as shown on Exhibit subject to the terms and conditions included in the Hearing Examiner's Findings of Fact and Conclusions of Law. The Whatcom County Council hereby adopts the Hearing Examiners Findings of Fact and Conclusions of Law and incorporates them by reference herein. Section 2. The proposed project is provisionally approved. The zoning will revert to Rural, R5A, the original zoning designation, unless a general binding site plan and all specific site plans are submitted in proper form of approval, within the five years of the date of the preliminary binding site plan approval. This expiration date may be extended pursuant to WCC 21.07.030(5). Section 3. 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. Page 1 ADOPTED this S day of April , 2003 i Dana Brown- Davis, Clerk of the Council APPR ED as to form Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHA OM CO UNTY, , WASHINGTON [OrMcShane, Council Chair ( Approv ) Denied TKremen. Executive MA Date:-/- /,§ - C-3 . Exhibit 1 . & - �'���, �. <y .. w 7. ..2y. � . ��f© 4 .r y� Site Specific Rezone -File #: ZON2000-000is -File #: BSP2001 -0001 Legend --i Subject Site Ferndale City Limits - 2003 Ferndale UGA /'IN/ Zoning Boundary Ferndale Short-term UGA - 0 0.126 0.2150 0,375 O.bM MILES EXHIBIT 2 WHATCOM COUNTY HEARING EXAMINER - RE: Site Specific Rezone ) ZON00 -0011 Binding Site Plan ) BSP01 -0001 Application for ) FINDINGS OF FACT, Al Jansen ) CONCLUSIONS OF LAW, %5 Properties" ) AND RECOMMENDATION TO WHATCOM COUNTY COUNCIL SUMMARY OF APPLICATION AND RECOMMENDATION Application: The applicant is requesting a Site Specific Rezone and Preliminary Binding Site Plan approval. The proposal is to rezone approximately 50.3 acres from Rural Five Acres (R5A) to Light Impact Industrial (LII), and to obtain Preliminary Binding Site Plan approval for subdivision of the 50.3 -acre property rezoned Light Impact Industrial and the adjacent approximately 11.8 -acres zoned General Commercial into 22 development sites. Recommendation: The Whatcom County Hearing Examiner recommends the Whatcom County Council approve the request for a Site Specific Rezone. Decision: The Whatcom County Hearing Examiner grants Preliminary Binding Site Plan approval for the proposed 20 -site Light Industrial Park and two -site General Commercial area, subject to conditions, including, the approval of the Site Specific Rezone by the adoption of the attached ordinance by Whatcom County Council. FINDINGS OF FACT INTRODUCTION The following Findings of Fact and Conclusions of Law are based upon consideration of the exhibits admitted and evidence presented at the public hearing. I. Applicant: I -5 Properties /AI Jansen 801 West Orchard Drive Bellingham, Washington 98225 Agent: Al Jansen 801 West Orchard Drive Bellingham, Washington 98225 Property Location Atwood Road north of I -5 /Grandview Road Interchange Legal Description Located within the E V2 the SE %< of Sec6, T39N, R2E, W.M. Assessor's Parcel No: 458154 Zoning: Rural Five Acres (R5A) Subarea: Cherry Point- Femdale Comprehensive Plan City of Ferndale - Short Term, Urban Growth Area Number of Lots: 20 Warehouse & Industrial Storage Lots; 2 General Commercial Lots Acreage: 72.1 -acres Roads: Private Water SnpplV: Public Utility District # 1 Sewage Disposal: On -site septic systems Fire Protection Fire District # 7 Law Enforcement: Whatcom County Sheriff Public Schools: Femdale School District 502 Topography' Flat Vegetation: Pasture, trees and brush Adiacent Land Use: Industrial, Residential and General Commercial undeveloped land East: Pasture, wooded area West: Residential property and a pond (formerly a gravel pit) North: Residential Development South: Interstate 5 and Industrial Uses 2 Utility Easements: All utility easements to be shown on the face of the final mylar. Variances: None requested Authorizing Ordinances: 1) Revised Code of Washington Chapter 58.17 2) Whatcom County Code Title 21, Subdivision Regulations 3) State Environmental Policy Act (SEPA), Washington Administrative Code Chapter 197 -11; Whatcom County Environmental Policy Administration Chapter 16.08 4) Whatcom County Code Chapter 12.08, Development Standards 5) Whatcom County Code Chapter 20.90.063, Site - Specific Rezones, and Chapter 20.66, Light Impact Industrial District. Legal Notices: Posted — December 26, 2002 Mailed —December 19, 2002 Published — March 28, 2001 and January 2, 2003 Hearing Date: January 15, 2003 Parties of Record Al Jansen 801 West Orchard Drive #1 Bellingham, WA 98225 John Sarich 7090 Atwood Road Femdale, WA 98248 Robert Verhoeven 7098 Atwood Road Ferndale, WA 98248 Franklin and Mila Evantoff 7086 Atwood Road Femdale, WA 98248 91 Brian and Nita Likkel 7104 Atwood Road Femdale, WA 98248 Boyd and Ellen Kiel 7012 Atwood Road Femdale, WA 98248 David McVinny /Cathy Freeman 7072 Atwood Road Femdale, WA 98248 Anthony Dano 7084 Atwood Road Femdale, WA 98248 Elizabeth Olsen Planning Division Roger McCarthy Division of Engineering Marilyn Bentley Planning and Development Services Exhibits: 1 Application for Land Use Permit 2 Legal Notice, dated March 28, 2001 3 DNS, dated 10/29/02 4 Staff Report, dated December 19, 2002 5 Materials attached to staff report: including, I -5 Industrial Center: Phasing Plan, Agency Comments, Maps used in staffs analysis 6 Memo from Marilyn Bentley, dated 12/19/02 7 Certificate of Mailing, dated 12 -19 -02 8 Certificate of Posting, dated December 26, 2002 9 9 Legal Notice, dated January 2, 2003 10 Aerial Map 11 Vicinity Map 12 Zoning Map 13 Site Plan 14 Letter of opposition to request from neighboring property, Nita Fital, dated April 1, 2001 15 Traffic Impact Study Addendum, dated July 24, 2001 16 Traffic Impact Study Final Report, dated November 15, 2000 17 Preliminary Traffic Analysis 18 Site Photos (a, b, c) 19 Atwood Road Community Amiable Conditions List 20 Memo dated January 13, 2003 from Pule Dano 21 Folder of Site Photos presented at the hearing by Robert Verhoeven 22 Large Aerial Photo of Site 23 Large Graphic Site Drawing 24 Large Graphic Drawing Showing Project Proposed Access 25 Notice to Applicants Outside of Approved Urban Growth Areas 26 Letter from Department of the Army, Corps of Engineers, dated November 27, 2002 27 I -5 Industrial Center Drainage Report, by Reichhardt & Ebe, dated January 13, 2003 28 Wetland Delineation Report, by Cantrell & Associates, Inc. dated August 28, 2001 29 Large Site Drainage Maps 30 Memo dated January 17, 2003 from Perot Sim 5 31 Letter dated January 10, 2003 from Ferndale Planning and Building Department 32 Memo dated January 21, 2003 from Michael Bobbink with attachments 33 Memo from Boyd Kiel dated January 25, 2003 opposing rezone t. The applicant, I -5 Properties /AI Jansen, owns a 72.1 acre parcel abutting Atwood Road and lying just north of the Grandview /Interstate 5 interchange. The southern 11.8 -acre portion, abutting Atwood Road acrd I -5 is currently zoned General Commercial and the remaining 60.3 acres are currently zoned Rural Five Acre by Whatcom County. All, but the westerly ten acres of the 60.3 - acres, zoned Rural Five Acre (R5A), is located within the Femdale Short Term Urban Growth Area and is designated Industrial in the Femdale Comprehensive Plan. The ten acres along the western boundary of the parcel, located outside of the Femdale Short Term Urban Growth Area will remain Rural Five Acre. The west ten acres will be enhanced by planting and a mitigation plan covering the entire ten -acre site, which contains a tributary of California Creek, and will be protected by a permanent Conservation Easement. The enhancement and mitigation plan for this ten -acre parcel includes enhancement work aimed at creating salmon habitat in this portion of the headwaters of Califomia Creek. This ten -acre area will provide a natural and treed buffer approximately 330 -feet in width, which will permanently buffer the Rural Residential five -acre area to the west and northwest from the proposed Light Industrial Park. Staff has recommended and the applicant has agreed to 50 -foot wide vegetation buffers, to be landscaped in accordance with Whatcom County Landscape Requirements, along the northern and eastern boundaries of the site. The southern boundary of the site consists of Atwood Road, its right - of -way, and the I -5 corridor. Zoning along the westem, northern, and the northern part of the eastern boundary of the portion sought to be rezoned is currently zoned R5A by Whatcom County. Property to the south and southeast is currently zoned General Commercial with the properties due south, across I -5 zoned Tourist Commercial. Properties across I -5 to the southwest of the subject property are currently zoned Light Impact Industrial. Potential significant negative impacts from the proposal would be limited to the Rural Five Acre areas along the north and portions of the east boundary of the parcel. As indicated above, R5A zoned areas to the west would be well protected by the ten -acre conservation area to be enhanced and planted as part of the mitigation plan protecting the headwaters of Califomia Creek. The nearest residences in the R5A zoned area to the northwest and east are located approximately 400 feet from the boundary of the area to be rezoned. These existing residences, located some distance from the property line, will be protected by a 50 -foot vegetative buffer screen along these sides of the applicant's property. This should be a sufficient buffer, when combined with existing regulations regarding noise, air quality, and drainage, to protect these residences from significant adverse impacts from the proposed Light Industrial Park. Granting the rezone request of the applicant at this time has the added advantage of making it clear to persons intending to purchase or develop other surrounding properties in the future what the neighboring uses will be, thus allowing them to setback and buffer any new development appropriately. III. The proposed Binding Site Plan will result in 20 proposed Light Impact Industrial sites preliminarily ranging in size from 3.4 -acres to 1.4 acres. The applicant is also proposing two parcels in excess of five acres each within the area currently zoned General Commercial. The entire site will be served by a looped internal road system off of Atwood Road. The minimum lot size for future light industrial uses will be required to be sufficient to meet zoning requirements for building setbacks, lot coverage, buffers, and to comply with the development standards of the district. Lot coverage in this zone is limited to 60% of a parcel and there are 30 -foot setbacks from the front property line and 10 -foot setbacks from the side and rear property lines. In addition, there is a 50 -foot setback from any property line which abuts a Rural district, or County or State arterial roads. The applicant has agreed to a 50 -foot landscaped vegetation buffer abutting the Rural (R5A) properties on the east and north sides of the site. The properties to the west will be protected by the 330 -foot wide, ten -acre parcel covered by the conservation easement. IV. The subject site is flat, with vegetation consisting of pasture grass and areas of deciduous and coniferous trees and brush. Approximately two acres in the northern comer of the parcel will be set aside as a common drainfield area providing sewage disposal to all of the parcels until such time as sewer from the City of Femdale extends to within 200 -feet of the property boundaries. At such time, the applicant has agreed to hook -up to the City's system. Most of the property has been in agricultural and dairy production for the last half century. Portions of the property have a high water table and there have been incidences of standing water on the property in the past. The applicant has proposed a preliminary drainage plan which has been accepted by the Division of Engineering. The detention areas for stormwater generated by this development will lie within the ten acres set aside for enhancement of the headwater tributaries of California Creek. Drainage water leaving this site is required to be limited to pre - development flows by the Whatcom County Code. Drainage issues for individual sites will be addressed as each site develops. The applicant proposes to convey stormwater to this ten -acre site via naturally vegetated -wide drainage ditches or swales designed to convey the stormwater, at allowable velocities, to the detention ponds. A majority of the stormwater will infiltrate within the ditches and detention ponds and the remaining will be control- released to the enhanced tributary area. The drainage from each development site will be directed into the vegetated ditches designed to slow and clean the stormwater before it reaches the detention ponds. Specific drainage requirements for each site will be designed at the time specific development is proposed. V. The applicant has been working with the Whatcom County Critical Areas Specialist, the Washington State Department of Fish and Wildlife, and the Army Corps of Engineers regarding mitigation of potential impacts to critical areas through wide- ranging enhancement proposals designed on the ten -acre parcel forming the western boundary of the overall property. Conditions of Approval require the applicant to comply with the conditions of the Critical Areas Specialist. In that regard, a detailed Wetland Delineation Report was prepared for the applicant and a detailed Enhancement Plan was devised. Any work in the wetlands and headwaters of California Creek, proposed as enhancement, must receive Hydraulic Project Approval from the Washington Department of Fish and Wildlife. Applicable current regulation, combined with the required Conditions of Approval, should be adequate to ensure that there are no significant adverse environmental impacts on critical areas, resulting from this development proposal. VI. There is neighborhood opposition to and concern about this proposal. These neighboring property owners and residents feel that the proposal will adversely affect their quality of life. However, subject to compliance with the Conditions of Approval, including a requirement for vegetative buffers to be planted during the planting season this Spring, or next Fall, the project has been designed in a way which adequately minimizes the conflicts inherent between Light Impact Industrial zoning and Residential zoning boundaries. VII. The City of Femdale has included this property in its Short Term Urban Growth Area and designated it for industrial uses. The City has stated concerns about currently developing this property as a light industrial site due mainly to the current lack of City sewer and water to the site. The City suggests that it may be more appropriate to delay development of this site as a Light Impact Industry area until these services are available and the area has been annexed into the city. However, the applicant has provided a plan for on -site sewage disposal that meets the requirements of the Wbatcom County Health Department. Further, the applicant has a commitment for adequate water from Public Utility District No. 1. The applicant has agreed that all internal construction, including roadways, will be done to the more restrictive of the standards of either Whatcom County or the City of Femdale. In addition, the applicant has agreed to hook -up to Ferndale water and sewer services at the time these services have been extended to within 200 -feet of the project site. In a letter, dated January 10, 2003, to Philip Serka from the Planning and Building Department of the City of Femdale, the City has indicated a number of conditions that it feels should appropriately be attached to any approval. The applicant has agreed to the appropriateness of these conditions and any approval herein should be conditioned upon the applicant meeting any conditions Femdale has set forth in the January 10, 2003 letter. VIII. The subject property was originally zoned Rural Five Acre in 1980. The 50.3 -acre portion subject to the rezone request was again designated Rural Five Acre on adoption of new zoning, pursuant to Growth Management in the 1990s. Subsequent to this time, the area has been designated for future industrial use pursuant to Femdale's Comprehensive Plan, and made a part of Femdale's Short Term Urban Growth Area. This action constitutes substantial change in circumstances that supports the current rezone request. Granting the Site Specific Rezone will make Whatcom County's zoning designation for this parcel consistent with the City of Femdale's Short Term Urban Growth Area/Industrial designation. IX. The Binding Site Plan application submitted with the Site Specific Rezone application has been reviewed by the Technical Committee. The Technical Committee has recommended approval of the Preliminary Binding Site Plan, subject to conditions. The Whatcom County Division of Engineering has recommended approval of the Preliminary Binding Site Plan subject to eighteen conditions. Subject to these conditions, the Technical Committee concludes that the proposal makes provisions for adequate roadways and facilities. The Technical Committee also concluded that subject to the Division of Engineering conditions, the proposed General Binding Site Plan would make adequate provisions for drainage facilities. Fire protection for this site is provided by Whatcom Fire District No. 7. No comments or concerns were received from the district. The Whatcom County Deputy Fire Marshal recommended Preliminary Binding Site Plan approval, subject to two conditions. The Technical Committee concluded that, subject to these conditions, the proposal makes adequate provision for fire protection. The Technical Committee also concluded that subject to conditions requiring a fifty foot perimeter buffer to be landscaped in accordance with WCC 20.80.300, together with a Conservation Easement and enhancement on the ten -acre parcel abutting the west side of the property, and with a parking plan, signage, and outside lightning consistent with the specific requirements of the Whatcom County Zoning Ordinance that the proposed Light Industrial Park will be compatible with the adjacent Rural zoned districts. The Technical Committee also recommended a condition requiring a maintenance agreement to provide for maintenance of any areas in common ownership, including common drainage facilities, to be submitted and approved by Planning and Development Services prior to the recording of the General Binding Site Plan (see Engineering Division Condition of Approval #12). The Technical Committee reviewed the applicable Comprehensive Plan Policies and concluded that the proposal is consistent with the applicable Goals and Policies of the Whatcom County Comprehensive Plan. The Technical Committee noted that the Comprehensive Plan specifically states: "Growth is to be encouraged within Urban Growth Areas and discouraged outside of them." The Technical Committee also noted that all future uses on specific parcels will be required to comply with all of the applicable development standards of the Whatcom County Zoning Ordinance. X. The proposed Preliminary Binding Site Plan was examined by the Chief Plans Examiner for Whatcom County, who had no objection to preliminary approval, subject to five conditions. The Technical Committee recommended that these conditions be made a condition of General Binding Site Plan approval. XI. The Whatcom County Health and Human Services Department reviewed the proposal and had no objection to preliminary approval, subject to five conditions. The Technical Committee has recommended approval of the proposal be conditioned upon the applicant complying with the conditions of the Health Department. XII. The Whatcom County Critical Areas Administrator has approved a Final Critical Areas Mitigation Plan and has requested that any Preliminary General Binding Site Plan approval be subject to the final plan and conditions #10 — 13 of the Critical Areas Administrator letter, dated November 14, 2002. XIII. The Whatcom County Natural Resources Geologists submitted comments and recommended Conditions of Approval, including a condition to be placed on the face of the plat requiring a hazard assessment be conducted for each development proposal prior to building permit issuance. The 10 purpose of the hazard assessment is to identify mitigation measures to be included in the project to mitigate or minimize the potential for hazardous materials entering into the aquifer. The Technical Committee has recommended that Preliminary General Binding Site Plan approval be conditioned upon compliance with the Natural Resource Geologist's conditions. XIV. The Technical Committee has also recommended conditions requiring proper inscriptions on the face of the plat to enforce appropriate conditions and development standards and to require compliance with all appropriate conditions during the final review processes for the General and Final Binding Site Plans. The Technical Committee concluded that subject to appropriate conditions, the project would comply with the applicable County and State regulations and recommended approval for the proposed Preliminary General Binding Site Plan and the proposed Site Specific Rezone, subject to sixteen conditions. XV. The Long Range Planning Division of Whatcom County Planning and Development Services reviewed the proposed Site Specific Rezone and Map Amendment, concluded that the proposed rezone conformed to the requirements of the Growth Management Act, is internally consistent with the Whatcom County Comprehensive Plan, is consistent with County-wide Planning Policies, and with the Interlocal Planning Agreements. Long Range Planning concluded that no adverse effects on County or other service providers would result from the proposed map amendment; that subject to appropriate Conditions of Approval, the proposal would not have more than a negligible effect upon critical areas and resource lands; that the proposed amendment is based on changed conditions, including the population increase in Femdale from 1990 through 2000, the designation of this property as being within the Industrial/Commercial designation of Femdale's Short Tenn Urban Growth Area, and concluded that the proposed zoning map amendment was consistent with the public interest and recommended approval of the Site Specific Rezone. XVI. Any Conclusion of Law which is deemed a Finding of Fact is hereby adopted as such. Based on the foregoing Findings of Fact, now are entered the following CONCLUSIONS OF LAW I. In order to approve a Site Specific Rezone and Map Amendment, the proposal must be 11 consistent with the criteria set forth in WCC 20.90.060. The Growth Management Act requires that the comprehensive plans of counties and cities be coordinated with and consistent with each other. The proposed Site Specific Rezone would bring Whatcom County's zoning designation of this site into conformity with the Comprehensive Plan designation of Femdale, which has designated this site as a commercial/industrial area within Femdale's Short Term Growth Area. The proposed Site Specific Rezone coordinates the designations of the City and the County for this site and provides current notice to neighboring property owners of the intended future use of this property. Approval of this proposal is consistent with the Growth Management Act, and with the Comprehensive Plans of both Whatcom County and the City of Femdale. The proposed Site Specific Rezone will have negligible effect on critical areas and resource lands and, in fact, the proposed mitigation and enhancement project should have an overall beneficial impact on the headwaters of California Creek and its tributaries located in this area. The proposed zoning map amendment is based on changed conditions, including Femdale's inclusion of this site within its Short Term Urban Growth Area and on -going rapid growth in the City of Femdale. The proposed map amendment would make Whatcom County Zoning compatible with Femdale's Urban Growth Area planning, and its Comprehensive Plan, would give notice to neighboring property owners of the ultimate use proposed for this property, and would provide an area for light industrial warehousing uses immediately adjacent to the I -5 corridor, thereby enhancing the economic vitality of the City of Femdale and the County, while at the same time locating these kinds of uses in an area which would allow immediate access to and from the freeway system without traveling through areas set aside for Rural and Residential uses. The proposed amendment is in the long -term public interest and is consistent with the Growth Management Act, the Whatcom County Comprehensive Plan, the Femdale Comprehensive Plan, and the criteria for Site Specific Rezones set forth in the Whatcom County Zoning Ordinance, WCC 20.90.063. The Whatcom County Hearing Examiner should recommend that the Whatcom County Council approve the Site Specific Rezone. II. WCC 20.92.205 makes Site Specific Rezone requests a matter on which the Hearing Examiner holds an open record hearing and then makes a recommendation to the Whatcom County Council, who then makes the final decision. However, this section does not include accompanying project approvals as matters to be sent to the County Council as a recommendation. A Preliminary General Binding Site Plan comes before the Hearing Examiner as a final decision, pursuant to WCC 20.92.210. The specific criteria for Preliminary Approval of a Binding Site Plan is set forth in WCC 21.07.030(1)(h). The Technical Committee reached a conclusion that the applicant's proposal is consistent with these criteria, subject to conditions. WA Subject to the conditions recommended by the Technical Committee, as modified herein, the Hearing Examiner concludes that the criteria for Preliminary Binding Site Plan approval set forth in WCC 21.07 have been met and that Preliminary Binding Site Plan approval should be granted. III. The Hearing Examiner should recommend the Whatcom County Council grant the Site Specific Rezone request and the Hearing Examiner should grant Preliminary General Binding Site Plan approval, subject to conditions, including a condition that the Site Specific Rezone be approved by the Whatcom County Council. IV. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on the foregoing Findings of Fact and Conclusions of Law, now is entered the following RECOMMENDATION The Whatcom County Hearing Examiner recommends that the Whatcom County Council grant I -5 Properties a Site Specific Rezone approving ZON2000 -0011, by adopting the attached ordinance, rezoning approximately 50.3 acres from Rural Five Acre to Lightlmpact Industrial zoning, subject to the Conditions of Approval set forth below. DECISION The Whatcom County Hearing Examiner grants Binding Site Plan approval to the proposal ofl -5 Properties seeking Preliminary General Binding Site Plan approval for the proposed development of 62.1 acres of Assessor's Parcel No. 458154, for General Commercial or Light Industrial uses consistent with the underlying zoning designation, subject to the following Conditions of Approval: 1. The Site Specific Rezone, ZON01- 00101, be approved by the Whatcom County Council. 2. The applicant shall comply with the Conditions of Approval requested by the City of Ferndale in a letter dated January 10 2003 (Exhibit #31). 3. The applicant shall comply with the requirements of the Whatcom County Division of Engineering as presented in the memorandum, dated November 26, 2002, unless modified by the Division of Engineering or appealed to the appropriate agency. 13 4. The applicant shall comply with the requirements of Whatcom County Health and Human Services Department as presented in the memorandum, dated April 18, 2001, unless modified by the Health and Human Services Department or appealed to the appropriate agency. 5. The applicant shall comply with the requirements of the Deputy Fire Marshal as presented in the memorandum, dated May 3, 2001, unless modified by the Deputy Fire Marshal, or appealed to the appropriate agency. 6. The applicant shall comply with the requirements of the Whatcom County Division of Solid Waste, unless modified by the Division of Solid Waste or appealed to the appropriate agency. 7. The applicant and/or any future developer on the site shall comply with the conditions of the Chief Plans Examiner as presented in the memorandum, dated April 5, 2001, unless modified by the Chief Plans Examiner or appealed to the appropriate agency. 8. A detailed perimeter landscape buffering plan designed in accordance with WCC 20.80.300 and WCC 21.32.070 (5),(6)(7) shall be submitted to, and approved by, the Zoning Administrator prior to recording a Specific Binding Site Plan. All perimeter landscape buffering shall be installed per the approved plan during 2003, and a maintenancebond shall also be submitted to Whatcom County to ensure proper maintenance of the required buffering. The bond shall be submitted prior to issuance of Certificates of Occupancy for any of the proposed uses on the site. (WCC 20.80.375). The perimeter landscaping buffer along the north and east sides of the 50.3 -acre parcel rezoned to LII shall be at least 50 -feet in width. 9. A detailed parking plan designed in accordance with WCC 20.80.500 and WCC 21.32.070 (13) showing the above required buffering and including handicap parking areas shall be submitted to, and approved by the Zoning Administrator prior to recording of a Specific Binding Site Plan. 10. The applicant shall comply with any requirements of the WSDOT regarding impacts to the State higbway system in the area. 11. Any signage installed on the site shall comply with the general signage provisions of WCC 20.80.410 and the criteria of WCC 20.80.450. Building permits shall be obtained prior to the installation of any such sign on the site. 12. All outside lighting shall be installed pursuant to WCC 20.80.523 to reduce impacts to adjacent residential uses. 13. All future uses shall comply with the following requirements of the Official Whatcom County Zoning Ordinance: a) Minimum lot frontage in the LII zone shall be sufficient to provide adequate access and utility development, and meet applicable building setback, buffer, and 91 development standards of the district . In no case shall the frontage be less than 30- feet. WCC 20.66.255. b) Building setbacks in the LLI zone are limited to 30 -feet from the front property line and 10 -feet from side and rear property lines, per WCC 20.80.200 (.210). C) Although no maximum building height is established, when building height exceeds 35 -feet, the setback requirements of 20.80.200 (.210) shall be increased by one foot for each foot of building height in excess of 35 -feet as applicable to all setbacks. Height of structures shall also conform to, where applicable, the general requirements of the Federal Aviation Administration (FAA) per, WCC 20.80.675. d) Lot coverage in the LII zone is limited to 60 % of the overall lot size. C) Any development on the site shall comply with the heat, light and glare, ground vibration, odors, noise, toxic gases and fumes, and liquid pollutant restrictions outlined in WCC 20.66.702, .703, .704, .705, .706, and .707. 14. A maintenance agreement shall be drafted to provide for the maintenance of any areas in common ownership and where drainage facilities are shared by all of the various uses in the Binding Site Plan. A copy of this agreement shall be submitted to Planning and Development Services prior to recording of the General Binding Site Plan. 15. All appropriate deed, dedications and easements will be established on the face of the General and/or Specific Binding Site Plans during their respective review processes. 16. The applicant shall comply with requirements 10 -13 of the Critical Areas Administrator's letter of November 14, 2002, unless modified by the Critical Areas Administrator or appealed to the appropriate agency. The applicant shall comply with the Final Mitigation Plan, dated 12/10/02. 17. The applicant shall comply with all conditions of the Natural Resource Geologist's memorandum of November 14, 2002 unless modified by the Natural Resource Geologist, or appealed to the appropriate agency. 18. The applicant shall comply with the proposed phasing plan. This recommendation of the Hearing Examiner will be forwarded to the Whatcom County Council for Council approval, disapproval, or other action, within twenty -one days, as set forth in WCC 20.85.340. No land comprising any part of a proposed Planned Unit Development and subdivision to be established henceforth per this decision shall be sold, leased or offered for sale or lease until such plan or subdivision has been approved as provided by Whatcom County Code Title 15 21, and in the case of a subdivision, until the final plat thereof has been filed for record with the Whatcom County Auditor, except as provided in Section 21.20.130.6. Any person so selling, leasing or offering for sale any such lot, tract or portion thereof shall be guilty of a gross misdemeanor, and subject to a fine of not more than five thousand dollars ($5,000.00) or imprisonment for not more than ninety (90) days, or both. DATED this 11 m day of February 2003. ^. - 4 Michael Bobbink, Hearing Examiner 10 WHATCOM COUNTY HEARING EXAMINER RE: Site Specific Rezone ) ZON00 -0011 Binding Site Plan ) BSP01 -0001 Application for ) %5 Properties" ) DECISION ON REMAND Al Jansen Findings I. In a decision dated March 11, 2003, the Whatcom County Council remanded this matter to the Whatcom County Hearing Examiner. This order directed the Hearing Examiner to reconsider whether the buffer areas along the northern boundary and along the southwest boundary 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)(c) in light of the potential adverse noise, light, traffic and visual impacts which the proposed land use may have on the surrounding neighborhood as a whole. In carrying out the Council Remand, the Hearing Examiner sent a memorandum with the Remand Order attached to all Parties of Record. This memorandum notified parties that they could submit additional written comments and that there would be a public hearing to accept public testimony on March 31, 2003. The following exhibits have been added to the record in this matter since the date of the original Hearing Examiner Recommendation: Exhibits submitted after January 15, 2003 Public Hearing 30 Memo dated January 17, 2003 from Petur Sim 31 Letter dated January 10, 2003 from Femdale Planning and Building Department 32 Memo dated January 21, 2003 from Michael Bobbink with attachments 33 Memo from Boyd Kiel dated January 25, 2003 opposing rezone 34 Site Photos 35 Mem dated February 12, 2003 from Bobbink to Planning 36 Memo from Franklin Eventoff, dated March 28, 2003 37 Memo from Brian Likkel, dated Much 26, 2003 38 Letter dated March 17, 2003 from Silver Creek Business Group 39 Letter dated March 24, 2003 from Nita Likkel, with photos attached 40 Letter dated Much 31, 2003 from Gregory Elie 41 Brief submitted by Philip Serka re: I -5 Properties Buffers 42 Map Changes Proposed by the Applicant 43 Specific Buffer Recommendations from neighbors, dated March 31, 2003 44 Letter with attached photos from Robert Verhoeven 45 Site Photo, taken March 17, 2003, showing view looking toward Ebe property 46 Letter dated March 31, 2003 from Renee Cheesman 47 Memo dated March 18, 2003 from Bobbink Re: Council Remand 48 Memo from Marilyn Bentley, dated March 20, 2003 49 Map showing City of Femdale Comprehensive Plan, December 1997 with subject property highlighted II. At the Public Hearing on Remand, the applicant offered to increase the buffer above the northern property line from 50 -feet to 100 -feet. The applicant also offered to plant a minimum of a 50 -foot buffer north of Atwood Road, along the entire southern and southwest boundary of the property. The area along the southwest boundary of the property that contains the stream is subject to Critical Areas review and regulation. The Critical Areas Specialist may require a buffer in excess of the 50 -foot buffer containing this portion of the stream. Critical Areas regulations are carried out administratively and any requirements imposed by the Critical Areas Administrator are in addition to any conditions attached to this approval. III. The property owners in this area remain concerned about potential adverse impacts on their residential lifestyle as a result of the proposed Light Impact Industrial Area. However, no new information was placed in the record that would support a finding that the original Factual Findings and Conclusions of the Hearing Examiner failed to adequately address these impacts. The increased buffer area offered by the applicant was deemed insufficient by the neighboring property owners who requested a 200 -foot buffer from the north property line. The Hearing Examiner found, and still believes, that a 50 -foot buffer planted according to the specific requirements of WCC 20.80.300 through .385 is sufficient to ensure complete screening of the interior property from the residential uses to the west, north, and east. Additionally, proposed screening along the property line with Atwood Road, subject to compliance with the above mentioned sections, will be sufficient to visually buffer the site along Atwood Road, except for the access point to the site from Atwood Road. Additionally, the applicant originally proposed street trees along the interior looped roadway section thereby improving the aesthetics of the interior of the site. IV. Whatcom County Planning and Development Services Staff responded to the Remand Order and the Hearing Examiner's request that they reconsider the adequacy of the buffers in regard to the potential impacts on neighboring properties. Staff reiterated their original conclusion that, subject to the Conditions of Approval required in the Hearing Examiner's decision, the proposed project would not result in adverse noise, light, traffic, and visual impacts to the surrounding neighborhood as a whole. Staff did not recommend any new changes to the Conditions of Approval the Hearing Examiner recommended to the Whatcom County Council. V. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on the foregoing Findings of Fact and Conclusions of Law, now is entered the following Conclusions of Law The original Hearing Examiner decision in this matter consisted of two parts. First, the Hearing Examiner granted conditional approval to the proposed Binding Site Plan, subject to Council's approval of the Site Specific Rezone. The applicant requested Binding Site Plan approval for the proposed subdivision of the 72.1 -acre parcel. The Hearing Examiner also recommended that the Whatcom County Council approve the Site Specific Rezone of approximately 50.3 -acres of the 72.1 -acre parcel, subject to conditions. The Site Specific Rezone did not include the westerly 10- acres of the parcel which is zoned Rural Five Acres and will remain zoned Rural Five Acres in the future. The Site Specific Rezone also did not include the southern 11.8 -acres of the site, which is currently zoned General Commercial by Whatcom County, and which will remain in the General Commercial zoning classification. Since the Binding Site Plan decision of the Hearing Examiner was not appealed to the Whatcom County Council, it was not before the Whatcom County Council. Since this portion of the property abuts the Atwood Road right -of -way and then the Interstate 5 right -of- way, the buffer plantings of WCC 20.80.345 are arguably not required because this area is not "... adjacent to a Residential or Rural zone, or another use of substantially different character where there is a demonstrable conflict in use." The potential general commercial use along this portion of the property could be required to provide buffering plantings at the time that a specific project were proposed if there appeared that there would be unsightliness or visual distraction from adjacent roadways. However, the applicant has agreed to a 50 -foot wide landscaping buffer along the Atwood Road boundary, and, for this reason, a 50 -foot wide buffer will be required along the southern boundary of the parcel. II. The County Council also requested the Hearing Examiner reconsider the buffer along the northern property line. The Hearing Examiner required a 50 -foot visual buffer designed to screen properties to the north as required by WCC 20.80.345. This section, a copy of which is attached hereto and incorporated herein by this reference, requires buffer plantings, which provide an all - season solid visual barrier to totally separate incompatible uses. This section also sets forth the size and planting materials which must be used, and the configuration for planting. Normally, this screening buffer is a 25 -foot buffer. However, the Hearing Examiner recommended a 50 -foot solid screening buffer along this property line to maximize visual protection for the residential properties to the north. An increase in size of this buffer would not further enhance visual protection to the properties to the north since the 50 -foot buffer was to be an all- season solid visual barrier protecting properties to the north from any unsightliness of the light industrial development which will take place in the future on specific sites. However, the applicant has offered to modify the condition to require a 100 -foot buffer along the northern property line, to be planted consistent with the requirements of WCC 20.80.345. The condition regarding the northern screening buffer should be modified to incorporate this increased screening buffer. III. The County Council Remand indicated concern about the potential impacts due to light and noise. The proposed solid screening buffers around the property should ensure that there are no significant adverse impacts from light off - site." Additionally, the Supplemental Requirements of WCC 20.80.523 sets specific conditions for lighting around parking lots which are designed to protect off -site properties. In addition, the Hearing Examiner recommended a Condition of Approval requiring all lighting be installed consistent with the requirements of WCC 20.80.523, to reduce or eliminate impacts to adjacent residential uses. Any specific development proposals on this site in the future will be required to comply with all of the Supplemental Standards applicable to it set forth in WCC 20.80. Specifically, WCC 20.80.620 sets specific limitations on noise at the property line. Generally, buffers are not considered an adequate way to protect from noise. However, the requirement that noise not exceed a certain level at the property line boundaries is designed specifically to protect adjacent property owners from adverse noise impacts. There are also specific requirements limiting the size and type of signs in the Supplemental Requirements. Sign Regulations for the General Commercial District are found in WCC 20.80.430. Sign controls for the Light Impact Industrial District are found in WCC 20.80.450. IV. The matters before the Hearing Examiner were a Site Specific Rezone and General Binding Site Plan application. The General Binding Site Plan is only a method of approving preliminary subdivision of land for uses otherwise regulated and allowed within a zoning district. The Site Specific Rezone was only a request to rezone a portion of the property to a different zoning designation. Any specific project which is proposed for this site will need to meet the requirements for that zoning designation and the applicable Supplemental Requirements of WCC 20.80.230. The main concern in this matter is in regard to the Light Impact Industrial zone, which will be created should the Whatcom County Council approve this Site Specific Rezone. This zone is regulated by Chapter 66 of the Whatcom County Code. The Purpose Section, WCC 20.66.010 states that the purpose of the district is to allow for low impact industrial uses "... that have a relatively light impact on adjacent uses and districts." In furtherance of this purpose, a limited number of Permitted Uses allowed within this zone are set forth in WCC 20.66.050, with Permitted Accessory Uses set forth in WCC 20.66.100. All uses in this district are subject to the Supplemental Requirements of WCC 20.80. The Hearing Examiner has attached to this decision the Index of Sections covered by the Supplemental Requirements. Review of this index will help concerned citizens and the Council understand the wide range of regulation which will take place in the future when specific projects are proposed for this site. In addition, there are a limited number of Conditional Uses that are allowed within this zoning classification. These uses are allowed only if they meet all other regulatory requirements and are also consistent with the Conditional Use Criteria of WCC 20.84.220. Any Conditional Use Permit will require a public hearing and approval by the Hearing Examiner. All other uses are forbidden in this district. Uses allowed and regulation of these uses is designed to allow only low impact uses within the Light Impact Industrial (LB) District. The Hearing Examiner concludes that there are adequate specific regulations to ensure that projects within this zoning classification will be constructed and operated in a way which protects neighboring residential uses from significant impacts. V. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on the foregoing Findings of Fact and Conclusions of Law, now is entered the following RECOMMENDATION The Hearing Examiner recommends the Whatcom County Council grant Site Specific Rezone approval to application ZON01 -0001, subject to the Conditions of Approval originally recommended except as modified below: Condition #8 should be modified to read as follows: 8. A detailed perimeter landscape buffering plan designed in accordance with WCC 20.80.300 and WCC 21.32.070 (5),(6)(7) shall be submitted to, and approved by, the Zoning Administrator prior to recording a Specific Binding Site Plan. All perimeter landscape buffering shall be installed per the approved plan during 2003, and a maintenance bond shall also be submitted to Whatcom County to ensure proper maintenance of the required buffering. The bond shall be submitted prior to issuance of Certificates of Occupancy for any of the proposed uses on the site. (WCC 20.80.375). The perimeter vegetation screening buffer along the north side of the 50.3 -acre parcel rezoned to LII shall be at least 100 -feet in width. The vegetation screening buffer along all other sides of the property shall be at least 50 -feet in width. Street trees shall be planted along the interior looped roadway system. Condition #16 should be modified to read as follows 16. The applicant shall comply with requirements 10 -13 of the Critical Areas Administrator's letter of November 14, 2002, unless modified by the Critical Areas Administrator or appealed to the appropriate agency. The applicant shall comply with the Final Mitigation Plan, dated 12/10/02. The applicant shall comply with the set back and vegetation buffers of the Critical Areas Specialist regarding the portion of the stream along Atwood Road along the southwest portion of the property. The applicant shall comply with the requirements of the Critical Areas Administrator's memorandum of January 17, 2002 regarding clearing around the current ditched stream channel on the property. [Exhibit #30, attached]. DATED this 0 day of April 2003. %iWW0, �? hael Bobbink, Hearing Examiner Parties of Record At Jansen 801 West Orchard Drive #1 Bellingham, WA 98225 Philip Serka 400 North Commercial Bellingham, WA 98225 John Sarich 7090 Atwood Road Femdale, WA 98248 Robert Verhoeven 7098 Atwood Road Femdale, WA 98248 Franklin and Mila Evantoff 7086 Atwood Road Femdale, WA 98248 Brian and Nita Likkel 7104 Atwood Road Femdale, WA 98248 Boyd and Ellen Kiel 7012 Atwood Road Femdale, WA 98248 David McVinny /Cathy Freeman 7072 Atwood Road Femdale, WA 98248 Anthony Dano 7084 Atwood Road Femdale, WA 98248 Sylvia Goodwin and Elizabeth Olsen Planning Division Roger McCarthy Division of Engineering Marilyn Bentley, Petur Sim, John Guenther Planning and Development Services