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Home My WebLink Aboutord1998-045WIIATCOM COUNTY COUNCIL AGENDA BILL NO. 98 -224 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Introduction Originator: Al I V He y MAY 2 71999 WHATCOM COUNTY COUNCIL °J8 ivision Head: Sylvia Goodwin Dept Head: Michael Knapp Prosecutor Z Purchasing/Budget. Executive. S a�_Y SUBJECT. File Reference: 07- 98.ZMAn Ordinance to amend the Official Whatcom County Zoning Map from Rural Ten Acres RIGA) to Rural Five Acres(RSA) for approximately 229 acres in the Birch Bay Blaine Subarea. ATTACHMENTS: Agency Report Proposed Ordinance Draft Planning Commission Minutes Staff Report Related County Contract #: Should Clerk schedule a hearing: NO / / YES / / Requested Date: SUMMA.RYSTATEMENT.- The request is to amend the Official Whatcom County. Zoning Map from Rural Ten Acres (RIOA) to Rural Five Acres (RSA) for vproximately 5&1' acres in the Birch Bay - Blaine Subarea. a Ordinance and Resolution Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right ADS Facilities Management ADS Finance ADS Haman Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN. 1998 - 224 6/2/98: Introduced 6/16/98: Adopted 7 - 0, Ord. #98 -045 Prosecutor Public Works Sheriff Superior Court Treasurer Other Ordinance or Re luti n Number - (this item): F) r LIplaeningl eWnd&7- 98Zm.ab! 1 2 SPONSORED BY: Consent PROPOSED BY: Consent INTRODUCTION DATE: 6 / 2 / 9 8 ORDINANCE NO. 98 -045 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL (R10A) TO RURAL (R5A) FOR APPROXIMATELY 229 ACRES IN THE BIRCH BAY BLAINE SUBAREA WHEREAS, The Whatcom County Planning and Development Services Department has requested that the Official Whatcom County Zoning Map be amended from Rural (R10A) to Rural (R5A) for approximately 14.3 acres in the Birch Bay Blaine Subarea;. and WHEREAS, The. Whatcom County Planning Commission requested that the area under consideration be .expanded to include the surrounding 581 acres; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, March 26 and Monday, April 27, 1998; and . WHEREAS, the Deputy SEPA Official issued a Determination`of Nonsignificance on April 21, 1998; and WHEREAS, the Planning Commission held public hearings on the proposed amendment on April 9 and May 7, 1998, considered all testimony, and recommended approval of the rezone 229 acres from R10A to R5A; and WHEREAS, the Council held a public meeting on June 16, 1998 to consider this matter and approved the Planning Commission recommendation; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. The request is to rezone approximately 581 acres from R10A to R5A in the Blaine Birch Bay Subarea. 2. The current uses of the subject site are: single family residential with related Page 1 appurtenances; open space; agriculture, including dairy, ranches and livestock; vacant - asture and woodlands. 3. Subdivision of lands that are currently in agricultural use or in Open Space Agriculture taxation, would be subject to the provisions of the Agriculture Protection Overlay Zone (WCC 20.38) which requires clustering of residential lots on 20 to 30% of the site. 4. Surrounding uses include mostly residential, marginal pasture land, and woodlands and the surrounding zoning is R10A and GI. 5. The area is presently served by individual wells and septic systems. 6. Fire protection is provided by Whatcom County Fire Protection District Number 13. The nearest fire station is approximately one and one - quarter mile west-of the subject property on Birch Bay - Lynden Road. 7. The subject site is served by Birch Bay - Lynden Road, Kickerville Road, Holtzheimer Trail, Ham Road, Pierce Road, Birch Terrace Drive, Birch Terrace Place, and is approximately one - quarter mile west of the intersection with Portal Way and Interstate 5. Birch Bay Lynden Road and Kickerville Road are constructed to all- weather standards and the smaller County Roads are not improved to County Road Standards. 8. Soils on the site and the surrounding area are generally poorly drained with slow permeability and are not Prime I or LESA I -IV agricultural soils. The topography of the site is characterized.as flat to gently rolling. 9. California Creek flows through the site. This creek flows into Drayton Harbor and is designated Rural Shoreline under the Whatcom County Shoreline Management Program. 10. NWI wetlands have been identified within the subject area, but site specific wetland mapping may be required prior to development. There are several small, drainage courses and associated wetlands which flow into California Creek from the surrounding area, including a large -wetland areas east of the site along Portal Way. 11. Whatcom County Comprehensive Plan goals and policies provide general support for Rural Ten Acre or Rural Five Acre zoning on the subject site. 12. The Birch Bay Blaine Subarea Plan Zoning Density Criteria calls for density of one unit per five acres (R5A) where existing density is less than or equal to one dwelling unit per ten acres and average parcel size is greater than or equal to five acres and for one - unit per ten acres (R10A) where existing density is less than or equal to one dwelling unit per twenty acres and average parcel size is greater than or equal to ten acres and Page 2 where agriculture and silvaculture are, or possibly could be, viable economic enterprises; 13. Within the proposed rezone area north of Birch Bay. Lynden Road, east of the Holtzheimer parcel, there is a pattern of predominantly five acre parcels in residential land use. This area meets the subarea plan locational criteria for R5A zoning: 14. To the north. and west of the Holziemer parcel, there is a pattern of larger parcels: Nine of the 18 parcels in this area are 10 to 40 acres, and the other nine range from .9 to 9.8 acres. Average parcel size in the area north and west of the. Hotlzeimer is 13 acres. 138 of the 238 acres in this area is in Agricultural Open Space - Agriculture taxation and are used for hay field or pasture. The parcel size and land uses in this area are not . consistent with the subarea plan' criteria for R5A zoning (less than or equal to 10 acres), but are consistent with the criteria for R10A zoning. 15. In the portion of the proposed rezone area which lies south of Birch Bay Lynden Road, parcel sizes range from 2 acres to 39:60 acres. The average parcel size in this area is 15.76 acres. Based on average lot size, this area does not meet the subarea plan locational criteria for R5A zoning CONCLUSIONS The 229 acres which is north of Birch Bay Lynden Road and east of the Holtzheimer parcel (shown on Attachment 1) meets the Birch Bay Blaine Subarea Plan Zoning Density Criteria for R5A zoning and this designation would be also consistent with the Comprehensive Plan designation of Rural. The remainder of the proposed rezone'area meets the Birch Bay Blaine Subarea Plan Zoning Density Criteria for R10A zoning and is appropriately zoned R10A at this time. 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 Acre (R10A) to Rural Five Acre (R5A) for approximately 229 acres in the Birch Bay Blaine Subarea, in Sections 21,22,35 and 28, Twp. 40N, R1E, as shown in Attachment 1. 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 16 day of June Page 3 , 1998. ATTEST: i Dana Brown- Davis, Clerk of the Council M WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON APPR ED as to form Approv O Denied Karen Frakes, Civil Deputy Prosecutor Pete Kremen, Executive is planning \rezone \07 -98b : zm. ord. Page 4 I :E• ITAI NO :