HomeMy WebLinkAboutord1998-028WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 98 -137
CLEARANCES
Ini ial
Date
Date Received in Council Office:
Agenda date
Assigned to:
riginator: Amy C. de Vera
Division Head: Sylvia Goodwin
3/13/98
1`1 E C E
MAR 1 81998
WHATCOM COUNTY
V U C
COUNCIL
/24/98
Introduction
3/13/98
4/7/98
P & D Council
Dept. Head: Michael Knapp
3/13/98
Prosecutor: Karen Frakes
Purchasing/Budget:
Executive:
- +��'%g
SUBJECT: File Reference: 03 -98:ZM An Ordinance to amend the Official Whatcom County Zoning Map from
Agriculture (AG) to Rural Five Acres (R5A) for approximately 33 acres in the Lynden- Nooksack Valley Subarea.
ATTACHMENTS: Proposed Ordinance
Agency Report with attached Staff Report
SUMMARY STATEMENT: 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 /X/ NO. / / (Please explain below) n/a
Budget line item number(s): n/a
.i..e request is to amend the Official Whatcom County Zoning Map from Agriculture (AG) to Rural Five Acres (R5A) for
approximately 33 acres in the Lynden - Nooksack Valley Subarea; consistent with the Comprehensive Plan designation of
Rural.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends
Council adopt the proposed ordinance.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN:
1998 - 137 3/24/98: Introduced
4/7/98: Adopted 5 - 2, Brenner & Hoag opposed. Ord # 98-
028
Related File Number: 03 -98.ZM . Ordinance or Resolution Number (this item only):
SPONSORED BY: Consent
PROPOSED BY: Consent
INTRODUCTION DATE:. 3/24X98
1 ORDINANCE NO. 98 -028
2 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
3 AGRICULTURE (AG). TO RURAL FIVE ACRES (115A) FOR APPROXIMATELY 33 ACRES IN
4 THE LYNDEN NOOKSACK VALLEY SUBAREA.
5.
6 WHEREAS, The Whatcom.County Planning and Development Services Department
7 has requested that the Official Whatcom County Zoning Map be amended from Agriculture
8 (AG) to Rural Five Acres (R5A) for approximately 33 acres in the Lynden Nooksack Valley
9 Subarea ; and
10
11 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
12 Bellingham Herald on Thursday, February 26, 1998; and
13
14 WHEREAS, the Deputy SEPA Official determined in a memorandum dated March 3,
15 1998 that SEPA requirements have been met by the Draft and Final Environmental Impact
16 Statements prepared in conjunction with the adoption of the Whatcom County Comprehensive
17 Plan in 1997 and that no further SEPA review is required for the rezone; and
18
19 WHEREAS, the Planning Commission held a public hearing on the proposed
0 amendment on March 12, 1998 and considered all testimony ; and
21
22 WHEREAS, the Council held a public meeting on April 7, 1998 to consider this matter
23 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 FINDINGS
31
32 1. The subject property is in the Lynden Nooksack Valley Subarea, in a rural location.
33
34 2. The Whatcom County Council requested that the Planning and Development
35 Services Department initiate rezones of parcels that were approved for
36 comprehensive plan map changes to make the zoning consistent with the Whatcom
37 County Comprehensive Plan.
38
39 3. The subject property presently contains an existing mobile home and barn,
40 approximately 13 acres of forest and 18 acres of pasture.
41
Page 1
1 4. Surrounding uses include agricultural production and farm operations, single - family
'. residences, small scale agricultural operations, and a partially wooded parcel in Open
3 Space Open 'Space taxation.
5. The area is presently served by individual wells and septic systems.
6. Fire protection is provided by Whatcom County Fire Protection District Number 1.
The nearest fire station is approximately three and one -half miles northwest of the
property at the intersection of Van Buren and South Pass Roads.
7. The subject property is adjacent to Goodwin Rd., a minor collector, and Gilmore Rd.,
a general or local access street.
8. The USDA Soil Survey maps indicate that Everson silt loam and a small amount of
Kline gravelly sandy loam is on the site. Everson silt loam is a hydric class Illw soil
that is considered a category 2 prime soil (prime when drained, subject to excessive
wetness) and a LESA category 2 soil.
9. The site does not appear to contain any significant hydrologic features, wetlands or
wildlife habitat.
10. Whatcom County Comprehensive Plan policies address incentives for lower density
development; cluster subdivision and requirements; Agricultural Protection Zones;
use of current -use taxation provisions; recognizing volunteer fire and emergency
services and police as appropriate services; installation, monitoring and maintenance
of on -site wells and waste -water disposal systems; and water quality protection.
11. An error in the present classification is the .Agricultural zoning inside an area that
-has been designated Rural in the May 1997 Whatcom County Comprehensive Plan.
12. A changed condition is the adoption of the comprehensive plan.
CONCLUSION
Rural Five Acre (R5A) or Rural Ten Acre (R10A) zoning would be consistent with the
Comprehensive Plan designation of "Rural'.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Official Whatcom County Zoning Map is hereby amended from Agriculture (AG)
to Rural Five Acres (R5A) for approximately 33 acres in the Lynden Nooksack Valley Subarea,
in Section 3, T39N, R4E, as shown on Exhibit "A" (Map), Assessors parcel number 390403-
076491.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Page 2
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
^5
_6
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 7 day of , 1998.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
P_ - -
APPR ED as to form & content:
ren Frakes, Civil Deputy Prosecutor
&I 7::�4
Robert Imhof, Chairper n
( Approved () Denied
Pete Kremen, Executive
Date.
Page 3
Cnnlol I H