The URL can be used to link to this page

Home My WebLink Aboutord1997-074WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97- 401 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: inator: Carl Batchelor Division Head: Sylvia Goodwin G ; �, -� Kt 1991 �a,p� �� ' �a HAT�..iOM GOUT COUNCIL 11/25/97 COUriCll IritrOdUCtlOri 12/9/97 Council - Dept. Head: Michael Knapp �� Prosecutor: Purchasing/Budget: Executive: li -/ -erg SUBJECT: File Reference: 08- 93:CZM An Ordinance to amend the Official Whatcom County Zoning Map from Rural Five Acres (R5A) to Light Impact Industrial (LII) for approximately 92 acres in the Cherry Point - Ferndale Subarea. ATTACHMENTS: Proposed Ordinance Agency Report with attached Staff Report Draft Planning Commission Minutes SUMMARY STATEMENT: Please complete sections of box as appropriate & explain the item below. Related County contract #: n/a Should Clerk schedule a hearing? NO A / 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 Budget line item number(s): n/a request is to amend the Official Whatcom County Zoning Map from Rural Five Acres (R5A) to Light Impact Industrial (LII) for approximately 92 acres in the Cherry Point - Ferndale Subarea. At a public hearing on November 13, 1997 the Planning Commission voted 6 to 1 in favor of the request subject to receiving additional information regarding future sewer and water service from the City of Ferndale. 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. 1997-401 11/25197: Introduced 12/9/97: Adopted 7 - 0. Ord. #97 -074 Related File Numbers: 08 -93: CZM Ordinance or Resolution Number (this item only): &&.4� 9 -) --0-7'� SPONSORED BY: Consent PROPOSED BY: Consent INTRODUCTION DATE: 1 2 ORDINANCE NO. 97 -074 3 4 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP 5 FROM RURAL FIVE ACRES (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR 6 APPROXIMATELY 92 ACRES IN THE CHERRY POINT - FERNDALE SUBAREA 7 8 9 WHEREAS, Robert and Myrna Brandt have requested that the Official Whatcom 10 County Zoning Map be amended from Rural Five Acres (R5A) to Light Impact Industrial 11 (LII) for approximately 92 acres in the Cherry Point - Ferndale Subarea; and 12 13 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham 14 Herald on Thursday, October 9, 1997; and 15 16 WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on 17 August 2, 1995; and 3 19 WHEREAS, the Planning Commission held a public hearing on the proposed 20 amendment on November 13, 1997 and considered all testimony; and 21 22 WHEREAS, the Council held a public meeting on December 9, 1997 to consider this 23 matter and approved the Planning Commission recommendation; and 24 25 WHEREAS, the Council found the amendments in the best interest of the public 26 health, safety, and welfare; and 27 28 WHEREAS, the Council has adopted the following Findings and Conclusions: 29 30 31 FINDINGS 32 33 1. The subject property is in Ferndale's Urban Growth Area and is within the Short Term 34 Planning Area. Ferndale's plan designates the property for industrial use. 35 36 2. Existing uses of the subject property include vacant, undeveloped agricultural land; two 37 single family residences; a grange hall; and some wooded area. Page 1 3. Surrounding Uses include single family residences, a mobile home park, a partially developed industrial park, vacant land, small scale agriculture, and a power substation. 4. The area is presently served by individual wells and septic systems, with the potential for limited quantities of industrial consumptive water and potable water provided by Whatcom County Public Utility District No. 1. Ferndale's Comprehensive Plan assumes that the area will be served by City utilities within the planning period (by 2015) although Ferndale's six year capital facilities plan does not include any project to extend utilities to this area. 5. Fire protection is provided by Whatcom County Fire Protection District Number 7 and the nearest fire station is approximately one mile east, at Grandview and Enterprise Roads. 6. The subject property is located approximately 5,000 feet west of the Grandview Road /Interstate 5 interchange. The Washington Department of Transportation has identified the need for mitigating future impacts on the interchange as development occurs. A preliminary traffic study for the site recommends primary access from Delta Line Road and Vista Drive with improvements to county standards and WSDOT permits. 7. Approximately 94% of the site is comprised of LESA Class 1 through 3 agricultural soils; 87% is agricultural capability class 2 'and 3; and 96% is prime agricultural class 1 through 4. 8. The site is in the Drayton Harbor watershed and is traversed by California Creek. About 15% of ;the site is palustrine scrub and shrub type wetlands. California Creek and the associated "accessible wetlands" are anadromous fish habitat for cutthroat. The site is fairly flat, sloping very gently to the west. 9. Whatcom County Comprehensive Plan goals and policies address consideration of locational and market factors and required quantities of land; sufficient and appropriately located residential, commercial, and industrial lands; increasing light industrial uses along the Interstate -5 corridor; channeling growth to areas where adequate services can be provided; encouraging provision of serviced industrial sites by cities; ensuring adequate land supply to accommodate twenty years of growth within urban areas; preventing sprawl and promoting phased development from the urban core outward; distinguishing areas where final plans for urban services are not yet in place; assuring that adequate capacity in public facilities exists or is projected within ten years to serve the urban growth areas; and the need to provide serviced industrial land in Ferndale's Urban Growth Area. 10. An error in the present classification is the rural zoning inside an Urban Growth Area. Page 2 1 11. A changed condition is the inclusion in an Urban Growth Area and designation as Industrial in Ferndale's Comprehensive Plan. 3 4 5 CONCLUSIONS 6 7 1. In view of the fact that the subject property is in Ferndale's Urban Growth Area and is 8 within the Short Term Planning Area as adopted by Whatcom County, the proposed 9 rezone appears to be appropriate. Further support for this proposal is provided by the 10 goals and policies in the Whatcom County Comprehensive Plan that emphasize 11 providing adequate serviced land for industrial development. Ferndale's 12 Comprehensive Plan provides a land needs analysis to justify including this area as 13 industrial land. 14 15 2. The Whatcom County Council has received from the City of Ferndale sufficient 16 information as to the anticipated level of sewer and water service for the area, who will 17 provide those services and how those services will eventually be funded. Ferndale has 18 provided a projection of adequate capacity to serve development within ten years. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 21 22 Section 1. The Official Whatcom County Zoning Map is hereby amended from Rural Five Acres (R5A) to Light Impact Industrial (LII) for approximately 92 acres in the Cherry Point- -+ Ferndale Subarea Exhibit "A" (Map) and Exhibit "B" (Assessor's Parcel Numbers and legal 25 descriptions). 26 27 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this 28 Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part 29 thereof other than the part so declared to be invalid. 30 31 32 ADOPTED this c— day of DArember , 1997. 33 34 35 36 WHATCOM COUNTY COUNCIL 37 ATTEST: WHATCOM COUNTY, WASHINGTON 38 40 41 42 Dana Brown- Davis, Clerk of the Council LWard Nelson, Council Chair 43 Page 3 L APPROVED as to form 4 5 6 Ci it Deputy Prosecu or 7 i:\plannmg \rezones \08- 93.ord (/Approved () Denied Pete emen, Executive Date: Page 4 MIQ L 3/ 7- OLSON ROAD. --- �• a c e A sc ` -- - o - - -- - O s ` a. t. d: 01 tp o cD O < •` i �� . ' rca wow 5n RAT •, ` ' R =a �� •aY b _S6 �� e33 -fie : i s DELTA. LINE ROAD. c � i r L r ' a Exhibit "B" Assessor's Parcel Numbers: Parcel # Acres Owner 390101472334 30.94 ac. R. Brandt 390101480254 390101486144 390101398428 (east portion) 390101454104 390101526008 390102489398 7.12 ac. 45.20 ac. R. Brandt R. Brandt 8 ac. (approx.) Great Northern'Railway 0.63 John May Trust and Dorothy May Trust -0.37 ac. Orchard Grange Burlington Norther Railroad