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HomeMy WebLinkAboutord1998-031WHATCOM COUNTY COUNCIL AGENDA BILL NO. 98- 152 CLEARANCES Ini 'al Date. Date Received in Council Office: Agenda date Assigned to: Originator: Amy C. de Vera Division Head: Sylvia Goodwin 3/27/98:- 3/27/ �r Q A � F. �I APR ` !4 l( rt',f I HATCOM COUNTY COUNCIL 4/1/98 Introduction 4/21/98 P & D / Council Dept. Head: Michael Knapp 3/27/98 Prosecutor: Karen Frakes Purchasing/Budget: Executive: 3b/ SUBJECT: File Reference: 12- 94:CZM An Ordinance to amend the Official Whatcom County Zoning Map from Rural Ten Acres (R10A) to Urban Residential Medium Six.Units per Acre (U.RM6) for approximately 39.4 acres in the Birch Bay - Blaine Subarea. ATTACHMENTS: Proposed Ordinance Agency Report with attached Staff Report Excerpt from March 26, 1998 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 /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 Me request is to amend the Official Whatcom County Zoning Map from Rural Ten Acres (R10A) to Urban Residential Medium Six Units per Acre (URM6) for approximately 39.4 acres in the Birch Bay - Blaine; consistent with the Comprehensive Plan designation of Urban Growth Area. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council adopt the proposed ordinance. COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN: 1998 - 152 4/7/98: Introduced 4/21/98: Adopted 7 - 0. Ord. #98 -031 Related File Number: 12- 94.CZM Ordinance or Resolution Number (this item only): 94. -f W-031 SPONSORED BY: _consent- PRQPOSED BY: Planning INTRODUCTION DATE: 4/7/9a 1 ORDINANCE NO. 98 -031 2 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM 3 RURAL TEN ACRES (R10A) TO URBAN RESIDENTIAL MEDIUM DENSITY SIX UNITS PER 4 ACRE (URM6) FOR APPROXIMATELY 39.4 ACRES IN THE BIRCH BAY - BLAINE 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 Rural Ten 8 Acres (R1 OA) to Urban Residential Medium Density Six Units per Acre (URM6) for 9 approximately 39.4_ acres in the Birch Bay - Blaine Subarea ; and 10 11 WHEREAS., pursuant to RCW 36.70.590 legal notice was published in the 12 Bellingham Herald on Thursday, March 12, 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 1,0 amendment.on March 26, 1998 and considered all testimony ; and �1 22 WHEREAS, the Council held a public meeting on April 21, 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 Birch Bay's Urban Growth Area and is within the Short 33 Term Planning Area. 34 35 2. The Whatcom County Council requested that the Planning and Development 36 Services Department initiate rezones of parcels that were approved for 37 comprehensive plan map changes to make the zoning consistent with the Whatcom 38 County Comprehensive Plan. 39 40 3. The subject 38.3 acre parcel is currently vacant pasture and the subject 1.1 acre .41 parcel contains an existing single family residence with related appurtenances. Page 1 4. Surrounding uses include a number of large acre vacant, pasture and wooded lots; a County park; several single family residences on large acre lots; and several housing subdivisions. 5. The subject parcels are within the Birch Bay Water and Sewer District, however, the subject properties are presently served with public water and private septic systems. 6. Fire protection is provided by Whatcom County Fire Protection District Number 13 which has a mutual aid agreement with the city of Blaine. The nearest fire station is located approximately one and three quarter miles north of the property on Birch Bay - Lynden Road. 7. The subject property is adjacent to Blaine Road which is a State Highway and is constructed to all- weather standards. 8. The USDA Soil Survey maps indicate Labounty, Birch Bay and Whatcom - Labounty .silt loams on the site. The Labounty and Whatcom - Labounty soils, when drained, are category 2 Prime soils and the Whatcom-La bounty soils are a LESA class IV. The Birch Bay soil is a category 1 Prime and LESA class 1 soil. 9. The site is characterized as flat to gently rolling. 10. Whatcom County Comprehensive Plan policies address consideration of locational and market factors and required quantities of land; sufficient and appropriately located residential, commercial, and industrial lands; channeling growth to areas where adequate services can be provided; preventing sprawl and promoting phased development from the urban core outward; distinguishing areas where final plans for urban services are not yet in place; and assuring that adequate capacity in public facilities exists or is projected within ten years to serve the urban growth areas. 11. An error in. the present classification is the rural zoning inside an Urban Growth Area. 12. A changed condition is inclusion in an Urban Growth Area. CONCLUSION In view of the fact that the subject property is in Birch Bay's Urban Growth Area and is within the Short Term Planning Area as adopted by Whatcom County, URM6 zoning would be consistent. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Map is hereby amended from Rural Ten Acres Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 z7 28 29 30 31 (R1 OA) to Urban Residential Medium Density Six Units per Acre (URM6) for approximately 39.4 acres in the Birch Bay - Blaine Subarea, in Section 31, T40N, R1 E, as shown on Exhibit "A" (Map), Assessors parcel numbers 400131 - 466205 and 400131- 518210. 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 21 day of April , 1998. ATTEST: RAM APPROVED as to fo ren Frakes, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON _190. F IN I I VA 690 L, -A rete Kremen, Lxecutive Date: d j—!F Page 3