HomeMy WebLinkAboutord1998-032WIIATCOM COUNTY COUNCIL AGENDA BILL
NO. 98-
ILEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
—riginator: Carl Batchelor
U3
3/30/98
4/7/98
Division Head: Sylvia Goodwin
3/30/98
Dept. Head: Michael Knapp
Prosecutor:
Purchasing/Budget:
Executive:
SUBJECT. File Reference: 04 -98:ZM An ordinance amending the Official Whatcom County Zoning Map from
Agriculture (AG) to Rural Ten Acres (R1OA) for approximately 60 acres in the Lynden - Nooksack Valley Subarea.
ATTACHMENTS. Whatcom County Planning Department Agency Report
Excerpt from Draft Planning Commission minutes, March 12, 1998
SUMMARYSTATEMENT.
Please complete sections of box as appropriate & explain the item below.
Related County contract #: n/a
Should Clerk schedule a hearing? NO / / YES /x /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.J.e request is to amend the Official Whatcom County Zoning Map from Agriculture (AG) to Rural Ten Acres (R10A)
for approximately 60 acres in the Lynden - Nooksack Valley Subarea; consistent with the Comprehensive Plan designation
of Rural. On a 4 to 3 favorable vote, the Planning Commission failed to attain a sufficient majority to forward a
recommendation for a zoning map amendment (RCW 36.70.600).
ORIGINATOR'S RECOMMENDED ACTION: Phis matter was discussed at the Council meeting on March 24, 1998
(Agenda Bill # 98 -130) and the Council decided to hold its own hearing before taking action.
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN:
1998-130 3/24/98: Held in Council for a Public Hearing at a later date.
417/98: Introduced
4/21/98: Withdrawn from agenda. Held for Public Hearing on
May 5,1998
5/5/98: Public Hearing Held. Adopted 5 - 2, Hoag & Brenner
opposed. Ord. #98 -032
Related File Numbers: #04 -98:ZM
Ordinance or Resolution Number (this item only):
1
SPONSORED BY: consent
PROPOSED BY: Planning
INTRODUCTION DATE: 4/7/98
ORDINANCE NO. 98 -032
AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
AGRICULTURE (AG) TO RURAL TEN ACRES (R10A) FOR APPROXIMATELY 60
ACRES IN THE LYNDEN - NOOKSACK VALLEY SUBAREA
WHEREAS, The Whatcom County Planning and Development Services
Department has requested that the Official Whatcom County Zoning Map be amended
from Agriculture (AG) to Rural Ten Acres (R1 OA) for approximately 60 acres in the
Lynden - Nooksack Valley Subarea; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
Bellingham Herald on Thursday,. February 26, 1998; and
WHEREAS, the Deputy SEPA Official determined in a memorandum dated
March 3, 1998 that SEPA requirements have been met by the Draft and Final
Environmental Impact Statements prepared in conjunction with the adoption of the
Whatcom County Comprehensive Plan in 1997 and that no further SEPA review is
required for the rezone; and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendment on March 12, 1998 and considered all testimony; and
WHEREAS, at the regular meeting on March 12, 1998, the Planning
Commission voted 4 to 3 to approve the requested rezone which was not a sufficient
majority to recommend approval of the proposed change; and
WHEREAS, the Council held a public hearing on May 5, 1998 to consider this
matter and considered all testimony; and
WHEREAS, the Council found the amendment in the best. interest of the public
health, safety, and welfare; and
WHEREAS, at the regular meeting on May 5, 1998, the Council voted to approve.
the proposed rezone; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
Page 1
1
2 FINDINGS
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1.
"rhe subject property was changed from an Agriculture designation to a Rural
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designation when the Whatcom County Comprehensive Plan was adopted in
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May, 1997.
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2.
The Whatcom County Council requested that the Planning and Development
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Services Department initiate rezones of parcels that were approved for
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comprehensive plan map changes to make -the zoning consistent with the
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Whatcom County Comprehensive Plan. The Council also provided specific
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direction to consider Rural 10 Acre zoning for the subject parcel.
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3.
The subject property is partly wooded and partly cleared, in Agriculture Open
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Space taxation and includes a single family residence with outbuildings near.
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4.
Surrounding uses include mostly agriculture to the north and west and forested
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parcels to the east and south, predominantly in current use taxation and in
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parcels larger than ten acres, with many larger than 30 acres.
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5.
The area is presently served by individual wells and septic systems..
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3
6.
Fire protection is provided by Whatcom County Fire Protection District Number 3.
/_4
The nearest fire station. is approximately one and a quarter miles west at Badger
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Road and Northwood Road.
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7.
The subject property has approximately 1,000 feet of frontage on E. Badger road
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which is a State Highway.
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8.
The USDA Soil Survey maps indicate Bellingham silty clay loam and . Skipopa
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silt loam soils which are considered prime agricultural soils but are not included
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on the Whatcom County LESA grouping of soils of local importance for
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agriculture Category I through IV.
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9.
The site has rolling channeled topography with some bands of wetlands, some of
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which are accessible fish habitat. The site borders on the 100 -year floodplain for
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the Nooksack River.
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Whatcom County Comprehensive Plan goals and policies provide general
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support for Rural 10 Acre zoning for the subject site.
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11.
An error in the present classification is the Agriculture zoning in an area
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designated as Rural in the comprehensive plan.
Page 2
12. Changed conditions include adoption of the comprehensive plan and compilation
of the LESA soil categories.
CONCLUSIONS
1. In view of the fact that the subject property is designated as Rural in the
Whatcom County Comprehensive Plan, the proposed rezone appears to be
appropriate.
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 Ten Acres (R1 OA) for approximately 60 acres in the Lynden-
Nooksack Valley Subarea, in Section 14, T40N, R3E; as shown on Exhibit "A" (Map),
Assessor's parcel number 400314_ 476402.
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 5 day of
ATTEST:
Ma
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
i.\planning\rezones\04- 98zm2.ord
Date: � f� 39s-"
Page 3
File # 04 -982M
Exhibit "A"
Q a
W. Baffaet Rd R 546
10A. o
AG
dsa d.
Pierson & Ann Dykstra #04 -98:ZM
AG to R5A
® Subject Property N
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0 400 000 1200 1600 2000 FEET