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HomeMy WebLinkAboutord1998-036,X HATCOM COUNTY COUNCIL AGENDA BILL NO. 98 -176 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: lginator: Carl Batchelor Division Head: Sylvia Goodwin 4/10/98 i 9 Ids Q� APR �••� WHAT`c O COUNTY COUNCIL 4/21/98 Introduction 5/5/98 P & D / Council Dept. Head: Michael Knapp l� �a4//10/98�r�/ 5` /Q %O Prosecutor: Purchasing/Budget: VIT Executive: :�S—Qg SUBJECT. File Reference: 15 -982M An ordinance amending the Official Whatcom County Zoning Map from Rural Five Acres (R5A) to Neighborhood Commercial (NC) for approximately 1. 18 acres of a 6.18 acre parcel in the Lynden- Nooksack Valley Subarea. ATTACHMENTS: Whatcom County Planning Department Agency Report Proposed Ordinance with Exhibit "A" (Location Map) Excerpt from Draft Planning Commission minutes, April 9, 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 Jget line item'number(s): n/a The request is to amend the Official Whatcom County Zoning Map from Agriculture Rural Five Acres (R5A) to Neighborhood Commercial (NC) for approximately 1. 18 acres of a 6.18 acre parcel in the Lynden - Nooksack Valley Subarea; consistent with the Comprehensive Plan designation of Crossroads Commercial. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council adopt the proposed ordinance. COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN: 1998 - 176 4/21/98: Introduced . 5/5/98: Adopted 7 - 0. Ord. #98 -036 Related File Numbers: #15 -98 :ZM Ordinance or Resolution Number (this item only):. 1 2 3 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 4/21/98 ORDINANCE NO. 98 -036 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL FIVE ACRES (R5A) TO NEIGHBORHOOD COMMERCIAL (NC) FOR APPROXIMATELY 1.18 ACRES OF A 6.18 ACRE PARCEL 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 Rural Five Acres (R5A) to Neighborhood Commercial (NC) for approximately 1. 18 acres of a 6.18 acre parcel in the Lynden - Nooksack Valley Subarea; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, March 26, 1998; and WHEREAS, SEPA requirements have been met by the Draft and Final. Environmental Irnpact Statements prepared in conjunction with the adoption of the Whatcom County Comprehensive Plan in 1997; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on April 9, 1998 and considered all testimony; and WHEREAS, the Council held a.public meeting on May 5, 1998 to consider this matter and approved the Planning Commission recommendation; and WHEREAS, the Council found the amendment in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. When the comprehensive plan was adopted in May, 1997, the subject property was changed from a Rural plan designation to a Crossroads Commercial plan Page 1 designation. 2. The subject 1.18 acres is presently developed with a single family residence and accessory buildings. 3. Surrounding Uses include single family residences and agriculture; a variety of commercial and community uses; and vacant and wooded property. 4. The area is presently served by individual wells. and septic systems. 5. Fire protection is provided by Whatcom County Fire Protection District Number 14 which has a fire station less than one - quarter mile to the east. 6. The property has approximately 125 feet of frontage on Lawrence Road (SR 9). Upon completion of the proposed widening of Mount Baker Highway (SR 542) and construction of a new bridge over the Nooksack River, the subject. property will front on the intersection of Lawrence Road and Mount Baker Highway. 7. The Puyallup fine sandy loam soil on the site is prime farmland when protected from flooding or not frequently flooded during the growing season. 8. The subject property is in the 100 -year floodplain of the Nooksack River. Whatcom County flood and building regulations would accommodate the anticipated commercial use of the property. 9. The site slopes slightly westward toward the Nooksack River and borders a shallow swale adjacent to the property to the south where the real'estate office is presently located. 10 The comprehensive plan goals, policies, purpose, definition and locational criteria for the Crossroads Commercial designation emphasize providing goods and services to local small rural populations. 11. An error -in the present classification is the rural zoning of an area designated as Crossroads Commercial in the comprehensive plan. 12. Changed conditions are Inclusion in a Crossroads Commercial plan designation and the most recent Western Washington Growth Management Hearings Board decisions for Whatcom County which continued their previous ruling of invalidity for the GC zone while leaving the NC zone intact. 13. The Neighborhood Commercial zone district is suitable for the uses anticipated for the subject property. 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 37 38 39 40 41 11 CONCLUSIONS. Although the initial request for the subject property was for General Commercial zoning, the foregoing analysis and findings lead to the conclusion that the Neighborhood Commercial zone is the more suitable choice. 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 Neighborhood Commercial (NC) for approximately 1.6 acres of a 6.18 acre parcel in the Lynden - Nooksack Valley Subarea, in Section 28, T39N, R4E, Assessor's Parcel Number 390428 - 456411, as shown on Exhibit "A" (Location Map). 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: iana• D. Clerk of the Council APP VED as to form aren Frakes; Civil Deputy Prosecutor i:�planninftezones \15-98zm. ord May . 1998. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Robert Imhof, Council Ch r (4,Approved () Denied Pete Kremen, Executive Date: S- '7 -?J Page 3 AG 0 Mark Anderson #15 -982M RSA to GC ® Subject Property R5A File #15 -982M Attachment #1 0000..... AG N W f' 0 200. 400 600 800 1000