HomeMy WebLinkAboutord1997-058EIATCOM COUNTY COUNCIL AGENDA BILL NO. 97 -343
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
)nator: Carl Batchelor
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10/7/97
Council Introduction
Division Head: Sylvia Goodwin
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LP/21/97
P &D Council
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Dept. Head: Michael Knapp
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Prosecutor:
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Executive:
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SUBJECT: An Ordinance to amend the Official Whatcom County Zoning Map from Urban Residential Three Dwellings
Per Acre (UR3) to Urban Residential Four Dwellings Per Acre (UR4) for approximately 141 acres and from Rural
Residential Two Dwellings Per Acre (RR2) to UR4 for approximately 4 acres in the Chuckanut Lake Samish Subarea.
ATTACHMENTS: Proposed Ordinance
Agency Report with attached Staff Report
Draft Planning Commission Minutes
SUMMARYSTATEMENT.
Please complete sections of box as appropriate & explain the item below.
Related County contract #: n/a
Should Clerk schedule a hearing? NO /X / YES/ / Requested date:
Amount budgeted for this item/project: $ n/a
Is it (or will it be) within budget? YES / / NO / / (Please explain below) n/a
Padget line item number(s): n/a
The request is to amend the Official Whatcom County Zoning Map from Urban Residential Three Dwellings Per Acre
(UR3) to Urban Residential Four Dwellings Per Acre (UR4) for approximately 141 acres and from Rural Residential Two
Dwellings Per Acre (RR2) to UR4 for approximately 4 acres in the Chuckanut Lake Samish Subarea. At a public hearing
on September 25, 1997 the Planning Commission voted 7 to 0 in favor of the request.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council
accept this recommendation of the Planning Commission and approve the requested rezone.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN.
1997-343 10/7/97: Introduced
10/21/97: Adopted 7 - 0. Ord. #97 -058
- inance or Resolution Number (this item only):
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 10/7/97
1 ORDINANCE NO. 97 -058
2 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
3 FROM URBAN RESIDENTIAL THREE DWELLINGS PER ACRE (UR3) TO URBAN
4 RESIDENTIAL FOUR DWELLINGS PER ACRE (UR4) FOR APPROXIMATELY 141
5 ACRES AND FROM RESIDENTIAL RURAL, TWO DWELLINGS PER ACRE am) TO.
6 URBAN RESIDENTIAL, 4 DWELLINGS PER ACRE (UR4)' FOR APPROXIMATELY 4
7 ACRES
8
9 WHEREAS, Frank Muljat Jr., Gary and Tawna Baxter, Hillside Associates, Palmer
10 Road Associates, Yew Street Associates, Palmer Road Company, Clarence Coye, Jon
11 Dunham, and Leonard Calvin have requested that the Official Whatcom County Zoning Map
12 be amended from Urban Residential Three Dwellings Per Acre (UR3) to Urban Residential
13 Four Dwellings Per Acre (UR4) for approximately 141 acres and from Rural Residential Two
14 Dwellings Per Acre (RR2) to UR4 for approximately 4 acres in the Chuckanut Lake Samish
15 Subarea; and
16
17 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham
-18. Herald on Thursday, September 11, 1997; and
9
20 WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on
21 August 18, 1997; and
22
23 WHEREAS, the Planning Commission held a public hearing on the proposed
24 amendments on September 25, 1997 and considered all testimony; and
25
26 WHEREAS, the Council held a public meeting on October 21, 1997 to consider this
27 matter and approved the Planning Commission recommendation; and
28
29 WHEREAS, the Council found the amendments in the best interest of the public
30 health, safety, and welfare; and
31
32 WHEREAS, the Council has adopted the following Findings and Conclusions:
33
34
35 FINDINGS
36
37 1. The subject property is designated in the Whatcom County Comprehensive Plan as
38 part of the Urban Growth Area (UGA) for the City of Bellingham and is designated as
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1 being within the Short-Term Planning for Bellingham's UGA.
3 2. The proposed UR4 zoning is an appropriate zoning designation for an Urban Growth
4 Area, whereas the present RR2 zoning is not and the present UR3 zoning may not be
5 the most efficient in terms of meeting housing needs.
6
7 3. The property is presently characterized by a combination of vacant, forested, and
8 recently logged land with five residences. Surrounding uses include some vacant and
9 forested land; a radio station broadcast facility; 16 + homes on lots ranging from 1/4
10 acre to 2.3 acres; and a number of recently approved subdivisions and preliminary
11 subdivisions. Adjacent city zoning to the west is Residential Single 20,000 square feet
12 per lot.
13
14 4. The property is in Bellingham's Water Service Area. Future development may be
15 required to .participate in system upgrades to assure adequate service. Bellingham has
16 approved a Water and Sewer Service Zone Extension to 103 acres of the subject
17 property and the 16 acre Henifin property for 300 to 659 lots. Future urban
18 development of the subject property would also require an additional extension of
19 Bellingham sewer and water services to the 42 acres that were not included in the
20 service zone extension.
21
.22 5. Fire protection is provided by Fire Protection District No. 10. Hydrants and
93 impact /mitigation fees may be required for development.
25 6. Access to the property is from Governor Road via Samish Way and from Palmer Road
26 via Yew Street Road.
27
28 7. The proposal is consistent with the Whatcom County Comprehensive Plan and with the
29 locational criteria for the UR4 zone density in the Chuckanut -Lake Samish Subarea
30 Comprehensive Plan.
31
32 8. The present zoning is in error because it does not efficiently provide for affordable
33 housing needs.
34
35 9. Changed conditions include continuing development and service zone extensions and
36 the adoption of the Whatcom County Comprehensive Plan.
37
38 CONCLUSIONS
39
40 The proposed rezone is consistent with the subarea plan, the Growth Management Act, and the
41 adopted Urban Growth Areas whereas the present plan designation and zoning are not. The
42 proposal is also consistent with applicable amendment criteria.
43
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1 NOW, THEREFORE,. BE IT ORDAINED by the Whatcom County Council that:
3 Section 1. The Official Whatcom County Zoning Map is hereby amended from Urban
4 Residential Three Dwellings Per Acre (UR3) to Urban Residential Four Dwellings Per Acre
5 (UR4) for approximately 141 acres and from Rural Residential Two Dwellings Per Acre (RR2)
6 to UR4 for approximately 4 acres Exhibit "A" (Map) and Exhibit "B" (Assessor's Parcel
7 Numbers and legal descriptions).
8
9 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
10 Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part
11 thereof other than the part so declared to be invalid.
12
1 -3
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15
16 ADOPTED this 21 day of October , 1997.
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20 WHATCOM COUNTY COUNCIL
21 ATTEST: WHATCOM COUNTY, WASHINGTON
22
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26 Dana Brown - Davis, Clerk of the Council LWard Nelson, Cou cil Chair
27
28
29
30 APPRO ED as to form ( pproved () Denied
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32
33
34
35 Civil Deputy Prosecutor Pete Kremen, Executive
36
37 Date: O lc2
k:\ users \common\ planning \=Rrezones\16- 96.ord
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16- 96:CZM
Exhibit "B"
OWNERS LIST - MULJAT ET AL
PARCEL MULJAT ET. AL.
Tax Parcel #370308361475
Address 2583 N. Shore Rd., Bellingham, WA 98226
Lot 4A, Amended Muljat Short Plat, according to the Plat thereof, recorded in volume 32 of Short
Plats, Pages 52 -53, in the Auditors Office of Whatcom County, Washington.
PARCEL HILLSIDE ASSOCIATES:
Tax Parcel 937030533607 3
Address 510 Lakeway Dr., Bellingham, WA "98225
West half of southwest quarter of the southeast quarter, Section 5, Township 37 North, Range 3
East, WM, Whatcom County, Washington, together with a road easement over the northerly 30
feet of the east half of the southwest quarter of the southeast quarter.
PARCEL BAXTER AND BAXTER:
Tax Parcel # 370305397065
Address 723 17' St., Bellingham, WA 98225
East half of the southwest quarter of the southeast quarter, except the west 200 feet of the north
435 feet, Section 5, Township 37 North, Range 3 East, WM, Whatcom County, Washington.
Subject to Easement AF #1118042.
PARCEL PALMER ROAD ASSOCIATES:
Tax Parcel # 370305377118
Address 510 Lakeway Dr., Bellingham, WA 98225
West 200 feet of the north 435 feet of the east half of the southwest quarter of the southeast
quarter, Section 5, township 37 North, Range 3 East, WM, Whatcom County, Washington.
Subject to right -of -way easement over the northern 30 feet.
PARCEL YEW STREET ASSOCIATES:
Tax Parcel # 370305479036
Address 510 Lakeway Dr., Bellingham, WA 98225
South half of the southeast quarter of the southeast quarter, Section 5, Township 37 North, Range
3 East, WM, Whatcom County, Washington.
PALMER ROAD COMPANY LLC
Tax .Parcel # 370305441101
Address 33 Strawberry Pt., Bellingham, WA 98226
The west half of the northwest quarter of the southeast quarter of the southeast quarter of section
5, Township 37 North, Range 3 East, WM, in Whatcom County, Washington, less 30 feet on the
north and 20 feet of the east of said tract for Public Roads. Subject to easements AF# 1471410 and
AF #940927143.
COYE CLARENCE M.
Tax Parcel # 370308410449
Address 2005 Governor Rd., Bellingham, WA 98226
The south 350 feet of the east 360 feet of the northwest quarter of the northeast quarter of Section
8, Township 37 North, Range 3 East of W.M., EXCEPT ROAD.
DUNHAM, JON E.
Tax Parcel # 370308486520
Address 2006 Governor Rd., Bellingham, WA 98226
The northeast quarter of the northeast quarter, except the East half of the southwest quarter of the
northeast quarter of the northeast quarter of Section 8, Township 37 North, Range 3 East of W.M.,
LESS ROADS. SITUATE IN COUNTY OF WHATCOM, STATE OF WASHINGTON.
CALVIN, LENORD L.
Tax Parcel # 370308474468
Address 2010 Governor Rd., Bellingham, WA 98226
The East half of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section
8, Township 37 North, Range 3 East of W.M., reserving an easement for ingress and egress over
and across the South 30 feet hereof, LESS roads, situate in Whatcom County, Washington.