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Home My WebLink Aboutord2000-001WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1999 - 476 C CLEARANCES Dam Date Received in Council Office Agenda Dale Assigned To Ori9.Dept.: Planning & Develop 12/6/1999 llLr" DEC U 8 1999 WHATCOM COUNTY COUNCIL /11/2000 Heading Division Head : Dept. Head: Prosecutor: Dud9e` Executive: SUBJECT. Ordinance amend Comp Plan Rural to URMX -Mt. Baker Hwy at Britton Road ATTACHMENTS Ordinance SUMMARYSTATEMENT. Related County Contract N: I Should the Clerk schedule a hearing? (YMY Requested Date: 1/11/2000 I This ordinanceiv nd the Whatcom County Comprehensive Plan map from Rural to Urban growth Area and amend the official Whatcom County zoning map from Rural District, R5A, to Urban Residential Milted District, URMX, for approximately seven acres at Sunset and Britton Road. RECOMMENDED MOTION (for final action): COUNCIL ACT!ONTAKEN: 1999 -436C 12/7/99: Introduced 11112000: Adopted r 2, McShane, Hoag opposed Do. #2000 -001 Related File Numbers: Ordinance or Resolution Number (this item only): File Ref: CMP99 -00009 SPONSORED BY: Planning 10 -15 -99 PROPOSED BY: Planning INTRODUCTION DATE: 12/7/99 ORDINANCE NO. 2000 -001 AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN AND URBAN FRINGE SUBAREA PLAN FROM RURAL TO URBAN GROWTH AREA AND THE WHATCOM COUNTY TITLE 20 ZONING MAP FROM RURAL TO URMX FOR APPROXIMATELY SEVEN ACRES IN THE URBAN FRINGE SUBAREA WHEREAS, The Whatcom County Council passed Resolution 99 -012 on Mach 2321999 initiating 13 Comprehensive Plan amendments, and related amendments to the Official Whatcom County Zoning Ordinance (Title 20), for review in 1999; and WHEREAS, One of the proposed amendments is a request to amend the Comprehensive Plan and Urban Fringe Subarea Plan map to expand the Bellingham UGA and amend the Whatcom County zoning map from Rural (R5A) to URMX for seven acres in the Urban Fringe Subarea; and WHEREAS, The Deputy SEPA Official for Whatcom County issued a determination of non - significance on May 11, 1999; and WHEREAS, Pursuant to RCW 36.70.390 and RCW 36.70.590, legal notice was published in the Bellingham Herald on May 27,1999; and WHEREAS, The Planning Commission held a public healing on the subject amendment on June 10, 1999 and considered all testimony; WHEREAS, The Planning Commission held a work session on October 14,1999 to consider all the amendments concurrently, as required by WCC 20.10.100, WCC 20.90.070, and WCC 20.90.040; and WHEREAS, The Planning Commission evaluated the merits of each amendment in relationship to the County Wide Planning Policies and the goals, policies and objectives of the Comprehensive Plan, as required by WCC 20. 10. 100 and WCC 20.90.070; and WHEREAS, The Planning Commission vote was three to approve, three to deny, and one abstention. Therefore, the Planning Commission made no recommendation on the matter; and WHEREAS, the County Council has considered the proposed amendment, after conducting a public hearing, and adopted Findings of Fact & Reasons for Action, in support of the proposed amendment; and WHEREAS, the County Council has considered all the amendments concurrently so that the cumulative effect of the various proposals can be ascertained, as required by the Growth Management Act (RCW 36.70A.130) and WCC 20.10.010; and WHEREAS, the County Council finds that the amendment to the Comprehensive Plan, Urban Fringe Subarea Plan and zoning map is consistent with the Growth Management Act and implements the Comprehensive Plan; and WHEREAS, the County Council finds the amendments in the best interest of the public health, safety, and welfare, based on the attached findings and conclusions attached as Exhibit 1. NOW, THEMMORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Comprehensive Plan map, Urban Fringe Subarea Plan map and Official Whatcom County Zoning map are amended as shown on Exhibit 2, subject to the approval of a Utility Service Zone Extension Agreement by the City of Bellingham. Section 2. The effective date of the Comprehensive Plan amendment, Subarea Plan amendment and rezone shall be the date an approved Utility Service Zone Extension Agreement is submitted to the County Council office. Section 3. If an approved Utility Service Zone Extension Agreement is not submitted to the County CouAC� within five years of the adoption of this ordinance, the conditional approval shall expire and the subject property shall retain the current R5A zoning and Rural Comprehensive Plan designation. Section 4. 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 _LLday of January 2000. APPRO ED as to form: Civil Deputy Prosecutor Date: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, W HINGTON �� Marlene Dawson, Chairperson (JApprove () De nied Kremen, Executive ORDINANCE No. 2000 =001 EXHIBIT 1 FINDINGS OF FACT AND CONCLUSIONS 1. The request is for an amendment to the official Whatcom County Comprehensive Plan map from Rural to Urban Growth Area and an amendment to the official Whatcom County Zoning map from Rural District, R5A, to Urban Residential MixEd District, UR- MX, for approximately seven acres (Sunset and Britton Rd). 2. The proposed rezone is consistent with adopted city and county plans and policies. The UGA amendment/rezone process is outlined in the Urban Fringe Subarea Comprehensive Plan for Bellingham's Northern Urban Growth Area adopted by both Bellingham and Whatcom County in 1997. Testimony presented demonstrates that the criteria for a rezone /addition to the Urban Growth Area of Bellingham outlined in the Urban Fringe Subarea Plan has been met. 3. The proponent has demonstrated that conditions supporting the rezone are the result of substantial change since the original zoning leading to an irratifton the part of the City of Bellingham to meet its Growth Management responsibilities to accommodate assigned populations. 4. A land use need not currently met by Bellingham's existing plans has been demonstrated. 5. The proposal conforms with the requirement of the GMA regarding consultation with the city on the location of the urban growth areas. The City of Bellingham has provided both written and oral testimony on this amendment. 6. On granting of the proposed rezone, the land in question would become a part of the City of Bellingham's Urban Growth Area and, by definition, the city's Urban Service Area. City water service is already available to the site. Sewer service is nearby and is expected to be available throughout Bellingham's Urban Service /Urban Growth Area within the planning time frame all Urban Growth Area lands are subject to. 7. As part of its Urban Growth Area process the City of Bellingham demonstrated an ability to service the population expected within the UGAs between the adoption of the UGAs and 2015. Changing conditions have led to a restricted land supply and, thus, an inability to accept the expected population. Inclusion of the requested property within Bellingham's UGA enhances the city's ability to serve the population it is required to ORDINANCE No. ZOOO -001 EXHIBIT 1, p 1 OF 2 serve. As the proposed rezone will serve population already planned for in terms of utilities, transportation, schools, open space and other public services, the ability to provide services on an equal basis with other lands inside the city's UGAs is already demonstrated with no additional planning required. CONCLUSIONS Based on the above criteria, analysis, and findings, the Whatcom County Council concludes that the requested rezone application is appropriate and qualifies for a Comprehensive and Zoning Map amendment at this time. F� Britton /Baker Residential Area1�� 2 Recommended Zoning _l PROPOSED AMENDMENT TO THE WHATCOM Boundary of Existing Bellingham Water COUNTY COMPREHENSIVE PLAN,UR -MX REZONE, Service Zane anJ Area of Amendment EXPAND THE UGA (URBAN SERVICE BOUNDARY AND ♦ f to °ralnan<e No. 1O339 (600 feel each to or an Baker Highway). CITY OF BELLINGHAM URBAN FRINGE PLAN. UR —MX t - -t- - ri- - - - - -- ; (R5A) 5A UGA AND URBAN SERVICE BOUNDARY _- _.,r___i__________ii - - -_R_ 'r[F +zip +,b roc ±.+yet • _ -, F- I, i f UR4 - ai ;';ris ,',g' I �aA F- �X: a — - ; � r }} I ,f _T ? UR MX a� UR4 % ' (R5A) re — ¢ 1G „' - - --- 'I U -MX R4) / N¢t Sdad I _,Y' Belutglwn CItY hits 4 -F 1 � V7eRnZU.7l U�"��Y1 I' +._�'_1 iT iLegend: Planning Recommended Area Zane 1 ul awean prytlmns i • • pry UGA zone Andy. -- Pncol Met. =E Midi �--- hag Unit cravat O 6hgng Zone Location Map -N- i1�V 0 G00 1000 FEET