HomeMy WebLinkAboutord2002-059WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2002 - 335
CLEARANCES Date Date Received in Council Office Agenda Date Assigned I
Orig. Dept: Hearing Examiner
9/12/2002
9/10/2002
Planning/Council
Division Head :
Requested Date:
9/24/02
Planning /Council
Dept. Head:
Prosecutor:
Budget.
Executive.
SUBJECT:
Ord. Adopting Hearing Examiner's Recommendation -Site Specific Rezone, Bay Crest
ATTACHMENTS
SUMMARYSTATEMENT:
Related County Contract k:
Should the Clerk
schedule a hearing? C(N) N
Requested Date:
The applicant requests approval for a site specific rezone of a 36.2 -acre parcel of land into a short term planning area. In
conjunction with the site specific rezone, the applicant also seeks approval of preliminary long subdivision application to
develop 131 single - family lots with an average size of 8,807 square feet each. The property is located at the northeast corner of
Jackson and Bay roads in Bircy Bay, Washington.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2002 -335 9/10/02: Introduced
9/24/2002: Adopted 7 -0, Ord, #2002 -059
Related File Numbers: Ordinance or Resolution Number (this item only):
o4- -* 2oDl- D5q
SPONSORED BY: PDS
PROPOSED BY: PDS
INTRODUCTION DATE: 97-10/ 02
ORDINANCE NO. 2002 -059
AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP FROM
LONG TERM PLANNING AREA (LTPA) TO SHORT TERM PLANNING AREA (STPA) FOR
36.2 ACRES IN THE BIRCH BAY URBAN GROWTH AREA TO FACILITATE A SITE -
SPECIFIC REZONE FOR A 131 -LOT SUBDIVISION
WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance
on July 31, 2002; and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham
Herald on June 12, 2002; and
WHEREAS, the Whatcom County Hearing Examiner held a public hearing on the proposed
amendment on September 4, 2002, and considered all testimony; and
WHEREAS, the Whatcom County Hearing Examiner recommended approval of the site
specific rezone request from LTPA to STPA for approximately 36.2 acres within the Birch Bay UGA
with associated conditions; and
WHEREAS, the Whatcom 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 Comprehensive Plan map be amended from Long Term
Planning Area (LTPA) to Short Term Planning Area (STPA) for Assessors Parcel Nos. 400131-
068071, 400131 - 008127, 400131 - 031128, and 400131 - 022112 as shown on Exhibit 1.
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.
ADOPTED this 24 day of September , 2002.
Dana Brown- avis,
Clerk of the Council
APP OVED as to form
Karen Frakes, Civil eputy Prosecutor
�WHATCO COUNTY COUNCIL
C , WASHINGTON
L. �e , I cil Chair
(L pprQyed O Denied
Pere Kre en, Executive
Date: R2? -del
Exioeir i.
WHATCOM COUNTY HEARING EXAMINER
RE: Site Specific Rezone
) ZONO2 -0002
Preliminary Long Subdivision
) LSS02 -0002
Application for
)
FINDINGS OF FACT,
JIJ Construction
) CONCLUSIONS OF LAW,
"Bay Crest Long Plat"
) AND RECOMMENDATION RE:
ZONO2 -0002 AND FINDS OF FACT,
CONCLUSIONS OF LAW AND
DECISION RE: LSS02 -0002 TO
WHATCOM COUNTY COUNCIL
SUMMARY OF APPLICATION, RECOMMENDATION, AND DECISION
Application: The applicant is requests a Site Specific Rezone to transfer an Urban Residential
Medium Density property from the Long Term Planning Area to the Short Tenn
Planning Area to facilitate a Long Subdivision Application for a 131 -lot residential
subdivision to be located on a parcel at the northeast comer of Jackson Road and Bay
Road, Birch Bay, Washington.
Recommendation: The Whatcom County Hearing Examiner recommends the Whatcom County
Council approve the Site Specific Rezone by adopting the attached ordinance.
Decision: The Wbatcom County Hearing Examiner grants Preliminary Long Plat
Approval to the proposed subdivision, subject to approval of the Site Specific
Rezone by the Whatcom County Council, and to Conditions of Approval.
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.
Aonlican : JIJ corporation
Site Location/Address: NE comer of Jackson Road and Bay Road in Birch Bay, Washington
Legal Description: Located within a the SW '/4 of the SW '/4 of Section 31, T40N, RI E, W.M.
Assessor's Parcel No: 068071
Zoning: Urban Residential Medium Density (URM -6)
Comprehensive Plan: Birch -Bay Blaine UGA
Subarea: Birch Bay - Blaine
Number of Lots: 131
Total Acreage 36.2 -Acres
Roads: Public
Water Supply: Birch Bay Water & Sewer District
Sewage Disposal: Birch Bay Water & Sewer District
Fire Protection: Whatcom County Fire District No. # 13
Law Enforcement: Whatcom County Sheriffs Office
Public Schools: Blaine School District No. 503
Topography: Flat
Vegetation: Pasture grass
Adjacent Land Use: Single- family residences, RV park, summer cottages and open hay fields
Utility Easements: Necessary utility easements will be established prior to recording the final plat.
Variances: Engineering variances requested and approved
SEPA Review: Determination of Non - significance, issued July 31, 2002
Authorizing Ordinances:
I ) Revised Code of Washington Chapter 58.17
2) Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance
3) Whatcom County Code Title 21, Subdivision Regulations
4) State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-11
Ii
Whatcom County Environmental Policy Administration Chapter 16.08
5) Whatcom County Code Chapter 12.08, Development Standards
Legal Notices: Posted — August 19, 2002
Mailed — August 14, 2002
Published — June 12 and August 22, 2002
Hearing Date: September 4, 2002
Parties of Record
Skip Jansen
JIJ Corporation
4071 Hannegan Road, Suite Q
Bellingham, WA 98226
Craig Parkinson
David Evans and Associates, Inc.
119 Grand Avenue, Suite D
Bellingham, WA 98225
Craig Baker
John L. Scott Realtor
2930 Newmarket Street, Ste l I I
Bellingham, WA 98226
Hollis and Joy Moore
Sunset Drive
Blaine, WA 98230
Patrick Alesse
4825 Alderson Road
Birch Bay, Blaine, WA 98230
Roger McCarthy
Division of Engineering
Amy Pederson and Kraig Olason
Planning Division
Marilyn Bentley
Planning and Development Services
Exhibits:
1
Long Plat Application
2
Legal Notice, dated June 12, 2002
3
DNS, dated July 31, 2002
4
Certificate of Mailing, dated August 14, 2002
5
Legal Notice, dated August 22, 2002
6
Staff Report, dated August 20, 2002
7
Memorandum from Amy de Vera, dated August 9, 2002
8
Memorandum from Sylvia Goodwin, dated August 20, 2002
9
Agency Comments
10
Letter dated August 8, 2002 from David Evans and Associates
11
Wetland Reconnaissance Letter Report: Surrounding Properties, dated July 17, 2002
12
Preliminary Plat
13
Phasing Plan
14
Revised Plan
15
Wetland Assessment and Report for Sparbrook Project Site, dated February 8, 1996
16
Preliminary Stormwater Proposal
17
Preliminary Traffic Analysis
18
Aerial Map
19
Zoning Map
20
Vicinity Map
21
Rezone Application
4
22 Lot of Record Confirmation
23 Memo dated August 29, 2002 from Mary White
24 Certificate of Posting, dated August 19, 2002
25 Letter of Authorization, dated August 19, 2002
26 Revised Plans
27 Adjoining Parcels Authorization Letters
28 Written Authorization for JIJ Corporation from the Property Owners
29 Letter dated June 26, 2002 from David Evans and Associates
30 Memo from Craig Parkinson dated September 9, 2002 re: condition language
11.
JIJ Corporation is seeking a Site Specific Rezone and Preliminary Long Plat Approval for a
proposed 131 -tot residential development on a 36.2 -acre parcel, located at the northeast intersection
of Jackson Road and Bay Road, Birch Bay, Washington.
The Whatcom County Hearing Examiner, on April 15, 1997, approved a Binding Site Plan
(BSP1996- 00001) and a Zoning Conditional Use Permit (CUP1996- 00047), approving a 107 -unit
mobile home park on the subject 36.2 -acre parcel. This approval had no expiration date. The mobile
home park was not constructed. Therefore, this applicant has a valid vested permit for a 107 -unit
mobile home park on the subject property.
After the above referenced approvals were granted, the project site was placed in the Long
Term Planning Area adjacent to the Short Term Planning Area, but retained an Urban Residential
Medium Density (URM -6) designation. -
The maximum density allowed for property, outside the Short Term Planning Area (STPA) is
limited to one dwelling unit per five acres. The maximum density for properties in the Short Term
Planning Area is the density allowed in the Urban Residential Medium Density zone, six dwelling
units per acre.
Staff has concluded that, since this property had approval for a 107 -unit mobile home park,
and had shown water and sewer availability, this project site should have been included in the Short
Term Planning Area. Staff has recommended approval of a Site Specific Rezone to place the
property within the Short Term Planning Area, and thereby allow the proposed long plat to proceed.
The Technical Committee has reviewed the proposed long subdivision, has made Findings of Fact
and Conclusions of Law in regards to the proposed subdivision, and has recommended approval of
the proposed subdivision subject to conditions. Staff s findings and recommendations are set forth in
Exhibit #6, a copy of which is attached hereto. The factual findings made by staff in regards to the
proposed long plat are hereby adopted as Findings of Fact by the Hearing Examiner and incorporated
into this decision as though fully set forth herein.
III.
The subject 36.2 -acre site has approximately 1,320 -feet of frontage on Bay Road and
approximately 1,010 -feet of frontage on Jackson Road. The site would incorporate an approximately
40 -acre nearly square site but for the existence of four small parcels abutting the northwest corner of
the parcel. These parcels are within the Williamson Short Plat and include a parcel of roughly two
acres, a parcel of roughly one acre, and two parcels of approximately one -half acre each. Staff has
recommended that these four parcels be included in this Site Specific Rezone. If these parcels are not
included, they will create a small island designated as being with a Long Term Planning Area, but
being surrounded by developed Urban Residential tracts all within the Short Term Planning Area.
However, only three of the parcel owners have agreed in writing to be included within the Site
Specific Rezone. These are the owners of Assessor's Parcel No. 031128, 008127, and 022111 The
owner of Assessor's Parcel No. 017127 declined inclusion in the Site Specific Rezone, even though
the parcel will be surrounded on all sides by Urban density development and by properties within the
Short Term Planning Area.
The subject property is flat, cleared, and currently undeveloped. Vegetation consists of
pasture grass only.
IV.
The property is abutted by properties within the Short Term Planning Area and short platted
into single - family residential lots on both its westerly and northwest border. These properties are also
zoned URM -6 and the proposed development of 131- single- family lots on the subject parcel will be
consistent with the existing development to the west and northwest.
The properties located to the west, north, and east are all located within URM -6 zone. The
property to the south is zoned Rural Five Acre. The subject site abuts Urban Residential development
to the west and northwest. The extension of the Short Term Planning Area to include this property
will promote phased development from the Urban core outward and will not result in sprawl.
V.
'Phis proposal has been reviewed for consistency with the Comprehensive Plan by the Long
Range Planning Division staff (see Exhibit 47), and by the Land Use Division Senior Land Use
Specialist (see Exhibit #6 Staff Report). Both of these staff members have discussed in detail the
Goals and Policies of the Comprehensive Plan that would apply to this proposal, have concluded that
the proposal is consistent with the Whatcom County Comprehensive Plan, and have recommended
approval of the Site Specific Rezone. In addition, the Technical Committee of Planning and
Development Services has recommended preliminary approval of the Long Plat Application.
The Hearing Examiner has reviewed the applicable Goals and Policies, and staffs' written
evaluation of their applicability to this proposal, and concurs that the proposal is consistent with the
Whatcom County Comprehensive Plan.
VI.
The Birch Bay Water and Sewer District has indicated that they will provide both Urban water
and sewer services to this site. County staff indicates that they have worked extensively with the
Birch Bay Water and Sewer District regarding the provision of Urban services within their
jurisdiction, and, that while there is no Interlocal Agreement between the County and the District, the
proposed subdivision and urban density residential development is consistent with the recently
completed Birch Bay Plan.
The record indicates that other Urban services, including police, fire, and other emergency
medical, and schools are available to this proposal.
No County agency has indicated an objection to the proposed rezone and preliminary long
subdivision. All County agencies with jurisdiction have recommended preliminary approval subject
to conditions. The conditions requested by all County agencies are set forth in the staff report,
Exhibit #6. The applicant has indicated no objections to the Conditions of Approval recommended
by staff.
VII.
The proposed density of this project is 3.7 -units per acre. This is close to the target density of
four units per acre set forth in the Goal 2N of the Comprehensive Plan.
Vlll.
The proposed subdivision will provide residential housing for both permanent, full -time
residents and for part-time, recreational residents. It will provide residential and recreational housing
near the Cherry Point Industrial Area and the Birch Bay Recreational Area.
The original placement of this parcel outside the Short Term Planning Area in 1997 was based
at least in part on growth projections. New census data, population data, and the updated Birch Bay
Community Plan, all project a population considerably higher than that contemplated in 1997. A new
water contract between the City of Blaine and the Birch Bay Water and Sewer District assures
adequate water supply for Urban density development. These changed conditions all support the
applicant's request for a Site Specific Rezone.
The proposed amendment to the zoning for this property will allow development of single -
family residences in place of the previously approved mobile home park on this site. Conditions of
Approval required for the residential development will ensure that the development itself promotes
the Public Health, Safety, and General Welfare. The proposal is consistent with orderly urban growth
and will not adversely impact the surrounding neighborhood as a whole.
IX.
The developer will be providing the required infrastructure in the form of internal roads, and
the water and sewer improvements necessary to serve the development. In addition, the developer
will be contributing in excess to S 130,000 to road improvements on the abutting public roads serving
this proposal. There is no evidence that the proposal will create excessive additional requirements, at
public cost, for public facilities and services.
The proposal will enhance the economic welfare of the community by providing housing and
construction - related jobs within a designated Urban growth area.
X.
The applicant has requested development of the proposed subdivision in two phases. Phase I
will include the accessory tracts and Lots I through 48. Phase 2 will encompass proposed Lots 49
through 131. The applicant has requested five years to obtain Final Plat Approval for Phase l and ten
years to obtain Final Plat Approval for Phase 2.
XI.
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
The applicants are requesting approval of a Site Specific Rezone to change the zoning overlay
designation on this Urban zoned property from the Long Term Planning Area to the Short Term
Planning Area. Developments within the Long Term Planning Area are restricted to one unit per five
acres while developments within the Short Term Planning Area may developed to the Urban density
allowed in that zoning classification. This property is in an Urban Residential Medium zone
designation and the Site Specific Rezone would allow a density of up to six residential lots per acre.
Amendments to the zoning map are controlled by WCC 20.90. Requirements for a Site
Specific Rezone are set forth in WCC 20.90.063. In order for this Site Specific Rezone to be granted,
it must be consistent with the requirements of WCC 20.90.063.
Planning staff has concluded that the application is consistent with the application
requirements of WCC 20.90.063 (1). Staff has recommended approval of the Site Specific Rezone
after concluding that it is consistent with all of the applicable requirements of WCC 20.90.063 (2
through 4).
The Hearing Examiner concludes that the proposed Site Specific Rezone is consistent with the
Whatcom County Comprehensive Plan, and bears a substantial relationship to the public health,
safety, and general welfare and community needs, and that the proposed Site Specific Rezone and the
proposed Preliminary Long Subdivision will not adversely effect the surrounding neighborhood as a
whole. The Hearing Examiner concludes that there are changed conditions, since the previous zoning
designation for this property became effective, to warrant its transfer into a Short Term Planning Area
designation.
Planning staff recommended four neighboring parcels immediately to the northwest of the
subject site be included in the Site Specific Rezone. The owners of three of these parcels requested in
writing that they be included within the Site Specific Rezone. These parcels all meet the criteria for
inclusion in the Site Specific Rezone. The owner of Assessor's Parcel No. 017127 declined to
request in writing inclusion in the Site Specific Rezone. Pursuant to WCC 20.90.060 only property
owners who concur with the rezone may be included in the rezone boundaries. Additionally WCC
20.90.063 (4) states as follows:
WCC 20.90.063
(4) Notwithstanding other language to the contrary, irregular
boundaries that would result from a site - specific rezone
proposal would not preclude the adoption of an otherwise
satisfactory site - specific rezone.
Therefore, Assessor's Parcel Nos. 008127, 031128, and 022112 should be included in the Site
Specific Rezone. Assessor's Parcel No. 017127 should not be included in the Site Specific Rezone.
The Hearing Examiner further concludes that this proposed amendment and the proposed
subdivision are consistent and compatible with current uses and with the current zoning of this
property and surrounding land. In this regard, the Hearing Examiner concludes that there are
adequate public services available for the proposal, that it will not create excessive additional
requirements at public cost for public facilities, that it is not detrimental to the economic welfare of
the community, and that the Site Specific Rezone should be approved.
In summary, this rezone would allow Urban density development on the subject parcel, which
is adjacent to already existing Urban development, and which has a vested permit for Urban density
development at this time. The proposal is consistent with the Comprehensive Plan and with the
recently adopted Birch Bay Community Plan.
II.
The purpose of the Site Specific Rezone is to facilitate a proposed Preliminary Long
Subdivision. The applicant proposes to subdivide the 36.2 -acre parcel into 131- single - family lots
with at least two open space tracts, and tracts set aside for stormwater facilities.
In order to grant Preliminary Long Plat Approval, the proposal requires approval of the Site
Specific Rezone from Whatcom County Council and additionally must be consistent with the
requirements of RCW 58.17; Whatcom County Code Title 20, the Official Whatcom County Zoning
Ordinance; Whatcom County Code Title 21, Subdivision Regulations; the State Environmental Policy
Act; and the Washington Administrative Code, Chapter 197 -11, and Whatcom County Environmental
Policy Administration, Chapter 16.08; and Whatcom County Code, Chapter 12.08 Development
Standards.
The Technical Committee of Planning and Development Services has reviewed the proposed
long subdivision for consistency with all of these State and local requirements. The Technical
Committee has concluded, based on the Findings of Fact set forth in the Staff Report, Exhibit 46, that
the proposed long subdivision is consistent with the applicable State and local regulations if
developed consistent with the recommended Conditions of Approval.
Members of the public and the Hearing Examiner discussed with the applicant the issue of
providing some recreational open space somewhere within the residential development. As a result
of this discussion, it was agreed that the applicant should provide at least 10,000 square feet of open
space area to be deeded to the community association and to be developed for recreational purposes
as deemed fit by the community association. In order for the Hearing Examiner to find that the
proposal makes appropriate provision for recreation and playgrounds, a condition requiring that at
least 10,000 square feet encompassing either one or two parcels, to be transferred to the community
association for recreational use, should be included as a Condition of Approval. Subject to this
condition and the remaining eight Conditions of Approval recommended by staff, the Hearing
Examiner concludes that the proposed Preliminary Long Subdivision is consistent with the
requirements of RCW 58.17; with the requirements of the State Environmental Policy Act, and WAC
197 -11; and with the applicable requirements of the Whatcom County Code. Preliminary Long Plat
Approval should be granted to the proposed subdivision subject to conditions.
III.
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 AND DECISION
Recommendation: The Whatcom County Hearing Examiner recommends that the Whatcom County
Council approve a Site Specific Rezone by adopting the attached ordinance, which would change the
designation on Assessor's Parcel No. 068071, 022112, 031128, and 008127, from inclusion in the Long
Term Planning Area to inclusion in the Short Term Planning Area, Birch Bay Urban Growth Area.
Decision: The "atcom County Hearing Examiner hereby grants Preliminary Long Subdivision
Approval to JIJ Corporation, approving a proposed subdivision of Assessor's Parcel No. 068071 into
131 -lots, plus additional tracts, subject to the following conditions:
1. The applicant shall obtain approval for the proposed Site Specific Rezone from the Whatcom
County Council.
2. Proposed Phase 1, consisting of Lots 1 -37, shall obtain Final Plat Approval within five years;
and proposed Phase 2, including Lots 49 -131, shall obtain Final Plat Approval within ten years.
3. The applicants shall include within Phase 1, one or two tracts, totaling at least 10,000 square
feet, to be deeded to the Community Association for recreational uses, to be developed in a
manner decided by the Community Association. Covenants recorded with the plat should set
such areas aside for recreational use and include language granting the Community Association
ownership and control of the areas.
4. The approved development of the site shall not be amended or changed in any significant way
without further approval of the Whatcom County Hearing Examiner.
5. The applicant shall comply with all of the conditions of the Whatcom County Division of
Engineering as outlined in the August 2, 2002 memorandum, unless modified by the Division of
Engineering or appealed to the appropriate agency.
6. The applicant shall comply with the requirements of the Whatcom County Health and Human
Services Department memorandum, dated August 16, 2002, unless modified by that
Department or appealed to the appropriate agency.
7. The applicant shall comply with all of the conditions of the Whatcom County Deputy Fire
Marshal memorandum, dated August 15, 2002, unless modified by the Deputy Fire Marshal or
appealed to the appropriate agency.
8. A note shall be placed on the face of the plat prohibiting accessory dwelling units on the
proposed lots.
9. Signage for the site shall be limited to the two site identification signs (one for each entrance)
proposed by the applicant, per WCC 20.80.470 (4). Each sign shall have a face of 3 -feet by
10 -feet and a maximum height for the supports of 10 -feet.
10. No sign shall be located closer than 10 -feet to any right -of -way, per WCC 20.80.410 (1), and a
building permit shall be obtained for each sign installed on the site.
11
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 the proposed 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 21, 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.
NOTICE OF APPEAL PROCEDURES FROM FINAL DECISIONS OF
THE WHATCOM COUNTY HEARING EXAMINER
The Preliminary Long Plat Approval of the Hearing Examiner is final. The following review
procedure is available from this decision and may be taken by the applicant, any party of record, or
any County department.
Appeal to County Council. Within ten business days of the date of the decision a written
notice of appeal may be filed with, and all required filing fees paid to, the Whatcom County
Council, Courthouse - I st Floor, 311 Grand Avenue, Bellingham, WA 98225. The appeal
notice must state either:
l) The specific error of law which is alleged, or
2) How the decision is clearly erroneous on the entire record.
More detailed information about appeal procedures is contained in the Official Zoning Ordinance at
Section 20.92.600 -.830. A copy of this document is available for review at the County Council
Office. After an appeal has been filed and the Council office has received the hearing record and
transcript of the public hearing, the parties will be notified of the time and date to file written
arguments.
DATED this I I" day of September 2002.
Michael Bobbins, Hearing Examiner
12