HomeMy WebLinkAboutord2000-002WILATCOM COUNTY COUNCIL AGENDA BILL NO. 1999 - 436 D
CLEARANCES Dace Data Received in Council Office Agenda Date Assigned To
Odg. Dept.: Planning &Develop
lV811999
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DEC 0 8 1999
WHATCOM COUNTY
COUNCIL
1 /11/2000
Hearing
Division Head:
Dept. Head:
Prosewlor:
Budget
Execave:
SUBJECT -
Ordinance amend Comp Plan- Commercial Forestry to Rural Forestry, Blue Canyon Rd
ATTACHMENTS
Ordinance
SUMMARY STATEMENT.
Related County Cm"ct N: I Should the Clnkschedulea heading?(Y/N Y Requested Date: 1/11/2000 1
This ordinance would amend the Whato"ACa aty Comprehensive Plan and zoning ordinance map designations from
Commercial Forestry to Rural Forestry torso 80 acre parcel in the Lake Whatcom Watershed. It would reduce the density on
Blue Canyon Road, which is adjacent to Lake Whatcom and farther from available public services, and moving it to the Y Road
area, which is further from the lake and 'closer to public services.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
1999 -436D 1WI99: Introduced
1/11/2000: Adopted 5-2. McShane, Hoag opposed, Ord.
#2000 -002
Related File Numbers: Ordinance or Resolution Number (this item only):
(AD * 20M - 002
File Re[CMN9u 1I SPONSORED BY: Consent
PROPOSED BY: Planning -
INTRODUCTION DATE: 12/7/99
ORDINANCE NO. 2000 -002
AMENDING THE WHATCOM COUNTY
COMPREHENSIVE PLAN MAP AND TITLE 20 ZONING MAP FROM
COMMERCIAL FORESTRY TO RURAL FORESTRY DESIGNATIONS FOR 80
ACRES IN THE LAKE WHATCOM SUBAREA
WHE$fjAS, The Whatcom County Council passed Resolution 99 -012 on March 23, 1999
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 mend the Comprehensive
Plan and Zoning Ordinance map designations from Commercial Forestry to Rural Forestry for an
80 acre parcel in the Lake Whatcom Watershed; 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 June 27, 1999; and
WHEREAS, The Planning Commission held a public hearing on the subject amendment on
July 8, 1999,and considered all testimony, and recommended denial of the proposed rezone and
Comprehensive Plan amendment;
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 confirmed their earlier decision to recommend denial of the proposal; and
WHEREAS, the County Council has considered the Planning Commission's Findings of
Fact & Reasons for Action, Conclusions, and Recommendations for the proposed amendment,
and after holding their own public hearing and adopting their own findings, has concluded that
the proposed rezone and comprehensive plan amendment, when conditioned by a concomitant
agreement, is in the public interest; 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 the Comprehensive Plan and zoning amendments
in the best interest of the public health, safety, and welfare, based on the following findings and
conclusions:
FINDINGS
1. Notice was mailed to the owners of the subject property, as shown on the records of the County
Assessor, and to owners of properties within 300' of the subject property on June 25, 1999,
published in the Bellingham Herald on June 24, 1999 and posted on June 25, 1999.
2. A determination of nonsignificance was issued by the SEPA Official on May 11 1999.
3. The request is for an amendment to the Comprehensive Plan and Zoning Ordinance map
designations from Commercial Forestry to Rural Forestry for an 80 acre parcel in the Lake
Whatcom Watershed.
4. A concomitant agreement proposed for adoption with the rezone and Comprehensive Plan
amendment woulaicurict residential development on another 37 acre owned by the applicant
and located on Blue Canyon Road, with a net result of decreased residential density in the Lake
Whatcom watershed.
5. The subject property is located within Fire District #4.
6. The property adjacent to the proposed rezone has been short platted into five acre parcels and
is developing as a single family residential area.
7. A Rural Forestry designation on the subject property would provide a buffer between the Rural
residential area and the Commercial Forestry designation.
8. Imposition of a concomitant agreement and restrictive covenant regarding forest practices on the
subject property will provide a forested backdrop for the residential uses in the adjacent Rural
zoned area and minimize impacts from commercial forest practices on the properties to the east.
9. The reduction in density on the Blue Canyon property provided for in the concomitant agreement
will result in an overall decrease in density in the Lake Whatcom watershed and eliminate
potential development near the shores of the lake.
CONCLUSION
1. The proposal, and its related concomitant agreement, complies with the Comprehensive
Plan and the overall intent of the Growth Management.Act by reducing density on Blue
Canyon road, which is adjacent to Lake Whatcom and further from available public
services, and moving it to the Y road area, which is further from the lake and closer to
public services.
2. The location of the property within a Fire District and adjacent to an area developed at
rural residential density is consistent with the criteria for Rural Forestry zoning.
3. The short platting and residential development on properties adjacent to the subject
properties constitute a changed condition since the initial adoption of Commercial
Forestry zoning on the subject property.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. the map of the Whatcom County Comprehensive Plan and Official Whatcom County
Zoning Ordinance is hereby amended as shown on Exhibit 1, subject to the terns and conditions
of the Concomitant Agreement, attached as Exhibit 2.
Section 2. 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 1 L day of January 2000.
A ST:
Dana Brown- Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,1SHINGTON
tQ�
Marlene Daw ,- Chairperson
APPZD as to form: ( Approved ODenied.
1 �
Civil Deputy Prosecutor AcKremen, Executive
Date: /—Z / -00
AGREEMENT
This Agreement (herein "Agreement ") is made and entered into this 26 day of
JAN � by and between Nielsen Brothers, Inc., a corporation, herein "NBI,"
and West Side Logging, L.L.C., a Washington limited liability company, herein "WSL,"
and- WTIATCOM COUNTY, a subdivision of the State of Washington, herein "County."
RECITALS
A. NBI and W SL are the owners of certain real property, herein the
"Property," which is more particularly described on Exhibit "A," attached hereto and
incorporated herein, comprising approximately 80 acres and which is the subject of an
application for comprehensive plan change and rezone from Commercial Forestry (CF) to
Rural Forestry (RF). The Property is located in the Lake Whatcom Watershed
approximately 1.5 miles from the lake. This rezone proposal would permit four (4)
dwelling units on the Property.
B. A determination of nonsignificance for this comprehensive plan change
and rezone proposal was issued by the Deputy SEPA Official for County on May 11,
1999.
C. On July 8, 1999, the Whatcom County Planning Commission (the
"Commission ") held a public hearing and recommended to the Whatcom County Council
(the "Council ") that the proposed comprehensive plan change and rezone not be
approved, which recommendation was reaffirmed by the Commission on September 9,
1999, and forwarded to the Council for its review.
D. Subsequent to the Commission's recommendation, the proposal was
modified to include a density reducing conservation easement on other lands located in
the Lake Whatcom Watershed, owned by NBI, which are more particularly described on
the attached Exhibit "B," which is referred to herein as the "Blue Canyon Property," and
which would reduce the number of building sites allowed there from six (6) to one (1).'
E. On November 23, 1999 the Council elected to have its own public hearing
and referred the matter to the Lake Whatcom Forestry Forum (the "Forum ") for
consideration and recommendation.
Ir, On December 21 1999, the Forum considered NBI's proposal and
recommended that it be approved by the Council.
G. The purpose of this Agreement is to implement the Forum's
recommendation by adoption of a comprehensive plan change and rezone for the
Property which would have the effect of modifying the provisions of the RF district with
respect to the Property, and the Blue Canyon Property, implement a restrictive covenant
whkl&a uld limit forestry practices on the Property and the Blue Canyon Property, and
provide for conveyance of a conservation easement on the Blue Canyon Property which
would limit the overall development of the Blue Canyon Property to one (1) single family
home. It is not intended that this Agreement would modify or eliminate other non-
residential uses (except forest practices which would be modified) or other relevant
requirements imposed by other applicable ordinances and regulations.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, and in consideration of the amendment of the comprehensive plan and
rezone of the Property as discussed above, the parties covenant and agree as follows:
Comprehensive Plan Change and Rezone. Concurrently with the approval
of this Agreement, Council shall amend the comprehensive plan relating to the Property
to Rural Forestry and rezone the Property to RF district, subject to the terms and
conditions of this Agreement.
The Blue Canyon Property is approximately thirty -seven (37) acres. Ten (10) acres is presently zoned
R2A with the remainder zoned RP.
2. Use of the Prooert v. All permitted, accessory, administrative approval
uses and conditional uses authorized in the RF district ( Whatcom County Code (WCC)
Chapter 20.42) remain authorized, except as may be subsequently amended, and further
except forest practices are limited to a sustainable yield plan as identified in the
restrictive covenant which is attached hereto and incorporated herein as Exhibit "C,"
(herein the "Covenant ").
Blue Canyon Property Uses. All permitted, accessory, administrative
approval uses and conditional uses authorized in the RF district remain authorized, except
use of the Blue Canyon Property for residential purposes is limited to one single family
dwelling and accessory uses, and further except that forest practices conducted shall be
limited in accordance with the Covenant. NBI shall transfer the remaining single family
densities applicable to the Blue Canyon Property under existing zoning to the Whatcom
Land Trust, or other similar institution approved by Council, or alternatively, the
remaining . single family densities may be extinguished pursuant to the County's Transfer
of Development Rights Ordinance, if adopted.
4. Conditions. The effectiveness of this comprehensive plan change and rezone
is conditioned upon proper execution and recording of the Covenant and the transfer of
the remaining single - family densities discussed above.
5. Effective Date. This Agreement shall become effective on the effective
date of the ordinance adopted by Council approving the proposed comprehensive change
and rezone.
6. Miscellaneous.
a. AApplicable Law. This Agreement shall in all respects be governed by
the laws of the State of Washington and the ordinances of Whatcom County.
b. Modification or Amendment. No amendment, change or modification
of this Agreement shall be valid, unless in writing and signed by all of the parties hereto.
c. Successors and Assigns. All of the terms and provisions contained
herein shall inure to the benefit of and shall be binding upon the parties hereto and their
respective heirs, legal representatives, successors and assigns.
d. Entire Agreement. This Agreement constitutes the entire
understanding and agreement of the parties with respect to its subject matter and any and
all prior agreements understandings or representation with respect to its subject matter are
hereby canceled in their entirety and are of no further force or effect.
e. Headings. The captions and paragraph headings used in this
Agreement are inserted for convenience of reference only and are not intended to define,
limit or affect the interpretation or construction of any term or provision hereof.
IN WITNESS WHEREOF the parties have executed this Agreement on the day above
first written.
NIE4S N B OTHERS, INC.
By: 11
Title: k65Lg6NT
ATTEST:
I&Iwn- avis,
Counc Clerk
Civil Deputy Prosecutor
WEST /IE LOGCrING, L.LC
By: /I.
Title: MANAGFIL
WHATCOM COUNTY COUNCIL
WHATC/OJM COY, WASHINGTON
2YP//t� t/
Chairperson
L 2
Pete Kremen, Executive
Date:
State of Washington)
)ss.
County of Whatcom)
2(DDD
On this 2(a day of .J , i999, before me personally appeared
ROBERT NIELSEN tome known to be the president of NIECSEN BROTHERS,
INC., a Washington corporation, the corporation that executed the within and foregoing
instrument to be the free and voluntary act and deed of said corporation for the uses and
purpe"93herein mentioned, and on oath stated that RE was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
d ' AN4,
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sJ 0) od .0 A P j
Notary Public i4pd for the State of
Washington, residing at BELU f 1FilEAM.
My Commission Expires
State of Washington)
)ss.
County of Whatcom)
On this?L day of JAN , }99�, before me personally appeared
P06 Zf N IElSE1.1 to me known to be an authorized member of WEST SIDE
LOGGING, L.L.C., a Washington limited liability company, the limited liability
company that executed the within and foregoing instrument to be the free and voluntary
act and deed -cf -said company for the uses and purposes therein mentioned, and on oath
stated that HE was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
,A"j tQ,Cl,n . � n �=
Notary Public i d for the State of
Washington, residing at BEWN644 H .
My Commission Expires 7,-29-0-3
EXHIBIT "A"
LEGAL DESCRIPTION:
The NorthwestApuader of Section 20, Township 38 North, Range 4 East of W.M.
Except therefrom the Northwest Half thereof.
The Easterly line of said Northwest Half is described as follows:
Beginning at point 660 feet West of the Northeast comer of said Northwest Quarter of Section
20; thence Southwesterly on a straight line to a point 660 feet East of the Southwest comer of
said Northwest Quarter of Section 20.
EXHIBIT "B"
LEGAL DESCRIPTION:
That portion of the Northeast Quarter of the Northwest Quarter of Section 22, Township37
North, Range 4 East, W.M., lying southerly of the 400 foot contour line.
Except therefrom, that portion being within the Blue Canyon County Road.
PROPOSED RESTRICTIVE
COVENANT
NOTE: This proposed amendment would be included with other covenants relating to use of
those lands in the Rural Forestry (RF) district as part of an effort to limit land use conflict
between RF and Rural. Other covenants which would be included could relate to common
road maintenance and assessments therefore, well restrictive areas, mutual easements, and
drain field location and operation. The term "Property" refers to the land subject to the
covenant.
1. Timber Harvesting.
a. Purpose. The purpose of this covenant is to ensure the perpetual maintenance of a
woodland setting for the Property, and tract created therefrom, and provide for a forested
backdrop for adjoining lands to the west, which are identified on the attached Exhibit "A,"
which is attached hereto. The further purpose of this covenant is to minimize land use conflict
between Rural Forestry zoning and Rural zoning, while at the same time causing the Property
to remain a part of the county's inventory of forest lands providing forest products to the
community over the long term.
-- U�nefit and Enforcement. This covenant is for the benefit of the owners and
residents of the property and the lands described on Exhibit "A" who shall have, together with
Whatcom_County, the standing to enforce the provisions hereof by any lawful means.
c. Timber Harvesting Limited. Timber harvesting is permitted on a select cut,
sustained yield basis only in accordance with all applicable rules and regulation then in effect
and this covenant. No greater than a twenty percent (20'%) harvest in any ten year period
using a selective harvest system may occur. As used herein, selective harvest system requires
selection of mature trees to be harvested on an individual basis. This harvesting rate provides
for a total harvest over a fifty year period at an economically feasible level.
d. Clear Cutting Prohibited. Clear cutting of timber from the Property is prohibited,
except for the preparation of home sites, road construction and maintenance.
e. Herbicides. Use of forestry herbicides as part of the forest management practiced
on the Property is prohibited.
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