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Home My WebLink Aboutord1998-035WIIATCOM COUNTY COUNCIL AGENDA BILL NO. 98- 175 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator: Sylvia Goodwin 4/9/98 9 V E ® �y APR 1 $1995 WMA1 TOM COUNTY � ®UN o ,CIL 4/21/98 Introduction Division Head: Sylvia Goodwin 394 4/9/98 5/5/98 P & D / Council Dept. Head: Michael Knapp Prosecutor: Purchasing/Budget: Executive: ��' 1 S— SUBJECT. File Reference:22- 91:CZM An ordinance amending the. Official Whatcom County Zoning Map from Rural Five Acres (R5A) to Urban Residential Four Units per Acre (UR4) for approximately 412 acres in the Birch Bay - Blaine Subarea. ATTACHMENTS. Proposed Ordinance with Exhibit "A" (Location Map). Whatcom County Planning Department Agency Report with attached staff report Excerpt from Draft Planning Commission minutes, March 26, 1998 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 /X/ NO / / (Please explain below) n/a Budget line item number(s): n/a The request is to amend the Official Whatcom County Zoning Map from Agriculture Rural Five Acres . (R5A) to Urban Residential Four Units per Acre (UR4) for approximately 412 acres in the Birch Bay - Blaine Subarea. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council adopt the proposed ordinance. COMMITTEE ACTION TAKEN., COUNCIL ACTION TAKEN. 1998 - 175 4/21198: Introduced 515198: Adopted 7 - 0; Ord. #98 -035 J. SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 4/21/98 1 ORDINANCE NO. 98 -035 2 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM 3 RURAL FIVE ACRES (135A) TO URBAN RESIDENTIAL FOUR UNITS PER ACRE (UR4) FOR 4 APPROXIMATELY 412 ACRES IN THE BIRCH BAY - BLAINE SUBAREA. 5 6 WHEREAS, The Whatcom County Planning and Development Services Department has 7 requested that the Official Whatcom County Zoning Map be amended from Rural Five Acres 8 (R5A) to Urban Residential Four Units per Acre (UR4) for approximately 412 acres in the Birch 9 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 19; 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 20 amendment on March 26, 1998 and considered all testimony ; and 21 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 the City of Blaine's Urban Growth Area and is within 33 the Short 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 38 Whatcom County Comprehensive Plan. 39 40 3. The subject 412 acre area is partially developed with an 18 hole golf course, 41 clubhouse, restaurant and existing single family residences with related Page 1 1 appurtenances. 2 3 4. Surrounding Uses include large lot residential. uses and pasture land, California 4 Creek and the Burlington Northern Railroad right -of -way. Preliminary Plat 5 approval was granted on April 22, 1997 for a 124 lot residential subdivision and 6 golf course on 315 acres of the site and adjacent-UR4 zoned property to the 7 west. 8 9 5. The subject properties are presently served with water and sewer service from 10 the Birch Bay Water and Sewer District. 11 12 6. Fire protection is provided by Whatcom County Fire Protection District Number 13 13 which has .a mutual aid agreement with the City of Blaine. The nearest fire 14 station is located approximately two miles southwest of the subject property on 15 Birch Bay - Lynden Rd. 16 17 7. The subject property is adjacent to Blaine Road which is a State Highway and is 18 constructed to all- weather standards. 19 20 8. The USDA Soil Survey maps indicate Skipopa - Blainegate complex soils with 0 to 21 8 percent slopes on the site. Twenty seven wetlands, totalling 30.6 acres were 22 delineated in a report prepared for the Loomis Trail Planned Unit Development 23 EIS, which includes the majority of the proposed rezone site. The wetlands will -'4 be adequately protected by the County Critical Areas Ordinance. _5 26 9. The Whatcom County Comprehensive Plan designation for the subject property 27 is "Urban Growth Area." This area is within the City of.Blaine Short Term 28 Planning Area, which was recently found by the Growth. Management Hearings 29 Board to be in compliance with the Growth Management Act. The goals and 30 policies in the Land Use and Housing Chapters of the. Comprehensive Plan 31 support increased densities within Urban Growth Areas where urban services are 32 available. 33 34 10. An error in the present classification is the rural zoning inside an Urban Growth 35 Area. 36 37 11. A changed condition is Inclusion in an Urban Growth Area. 38 39 CONCLUSIONS' 4.0 41 In view of the fact that the subject property is in Blaine's Urban Growth Area and is 42 within the.Short Term Planning Area as adopted by Whatcom County, the proposed 43 rezone appears to be appropriate.: 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 26 27 28 29 30 31 32 33 34 35 36 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Map is hereby amended from Rural Five Acres (R5A) to Urban Residential Four Units per Acre (UR4) for approximately 412 acres in the Birch Bay- Blaine Subarea, in Section 17, T40N, R1 E, as shown on Exhibit "A ". (Map), Assessors parcel numbers as shown on Exhibit "B ". 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: Dana Brown- Davis, Clerk of the Council Ma WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Robert APPRO D as to form: ( Approved ( ) Denied Karen Frakes, Civil Deputy Prosecutor Pete Kremen, Executive Date: C—_ r%' 29 Page 3 ::. r, '4 Cs lh 4111.1 Loomis Trail 400108278020 400117034302 400117051232 400117072423 400117074133 400117094125 400117104125 400117111191 400117200498 400117205328 400117245104 400117263073 400117265065 400117270047 400117271049 400111280420 400117286353 400117286378 400117286390 400117286484 400117298062 400117298310 400117302028 400117308458 400117310406 400117313356 400117316389 400117317485 400117321176 400117343062 400117345445 400117347008 400117348492 400117350412 400117373470 400117379305 400117379358 400117380444 400117383062 400117383406 400117384419 400117391501 400120332440 EXHIBIT B Page 1 I