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Home My WebLink Aboutord1998-050WHATCOM COUNTY COUNCIL AGENDA BILL NO. 98 -212, CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: iginator: Elizabeth K Olsen 6r�0 7114198 ( ZI 0 P & D Council Division Head: Sylvia Goodwin O (Yi 7114198 Dept. Head: Michael Knapp 7114198 Prosecutor 1_'_Gy l PurchasingBudget: Executive: / _ 49 ii `` �o SUBJECT: File Reference: 08:98B ZM: An Ordinance to amend the Official Whatcom County Zoning Map from Rural Ten Acres (RIGA) to Rural Five Acres (RSA) for approximately 240 acres in the Foothills Subarea. (Substitute) ATTACHMENTS: Proposed Ordinance with Attachment "1 " Whatcom County Planning Department Agency Report with attached Staff Report and Supplemental Staff Report Excerpt from Planning Commission minutes, April 23, 1998 and draft minutes, July 9, 1998 Related County Contract #: Should Clerk schedule a hearing. NO / X / YES / / Requested Date: WMARYSTATEMENT, The request is to amend the Official. Whatcom County Zoning Map from Rural Ten Acres (RIGA) to Rural Five Acres (RSA) for approximately 240 acres in the Foothills Subarea. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council adopt the proposed ordinance. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension: District Court Executive Health Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN. 1998 - 212 A 8/11/98: Adopted 5 - 1, Hoag opposed, Brown abstained, Ord. #98 -050 Re Prosecutor Public Works Sheriff Superior Court Treasurer Other Ordinance or Resolution Number (this item): *qs • "o is Iplanningl rezone)abtI form.abi 1 2 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 8/11/98 ORDINANCE NO. 98-050 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL (R10A) TO RURAL (R5A) FOR APPROXIMATELY 240 ACRES IN THE FOOTHILLS 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 240 acres in the Foothills Subarea; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, April 9, 1998; and WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on April 14, 1998; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on April 23, 1998, considered all testimony and recommended approval; and WHEREAS, the Council held a public meeting on June 2, 1998 to consider this matter and returned the proposed rezone to the Planning Commission for further review; and WHEREAS, the Planning Commission reconsidered this matter and adopted additional findings to support approval of the rezone; 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. Mr. Feathers, a property owner in the R10A zone, has requested a rezone of 29.34 acres from R10A to R5A in the central area of this zone district, which was approved on April 21, 1998, by the Whatcom County Council. During the deliberations, the Planning Commission initiated a request for planning staff to review the remaining R10A zone district surrounding Mr. Feather's property. 2. The current use of the property is residential, forest, open woodland and cleared pastureland. 3. The subject property is partly wooded and partly cleared, with some Agriculture Open. Space taxation parcels and includes seventeen single family residences, some with outbuildings. 4. Surrounding uses include mostly residential, marginal pasture land in Agriculture Open Space, a gravel pit and forestry. 5. The area is presently served by individual wells and septic systems. 6. Fire protection is provided by Whatcom County Fire Protection District # 14. The nearest fire station is approximately one mile west at Kendall at the intersection of Mt. Baker Highway (SR.542) and Kendall Road (SR547). 7. The subject property has approximately one and a quarter miles of frontage on Mt. Baker Highway, which is a State Highway. 8. The northern eighty acres on the southern sidehill of Red Mountain has an average slope of 22% which, together with the deep, well- drained Blethen soils, may pose septic tank absorption field limitations unless engineered and installed on the contour. 9. Whatcom County Comprehensive Plan goals and policies provide general support for. Rural Ten Acre or Rural Five Acre zoning on the subject site. 10. The following changed conditions support rezone of these parcels: ► There is increased population in Whatcom County. ► Adoption of the Comprehensive Plan and Development Regulations ► Designation of agricultural lands, forestry lands, mineral lands and critical areas. This area does not include resource or critical areas and is therefore an appropiate area for rural development. ► The designation of 56 acres adjacent as MRL will reduce land availability for rural land. ► The Comprehensive Plan Designation "Small Town" at Kendall and Maple Falls to provide services for additional rural development. ► Improvements to Mt. Baker Highway to provide better, safer access. 1 ► New school at Kendall. 2 3 CONCLUSIONS 4 5 In view of the fact that the subject properties are designated as Rural in the Whatcom 6 County Comprehensive Plan, have highway frontage, do have stable, well drained 7 soils, adequate water. supply, public services and access to rural fire services, the 8 proposed rezone appears to be appropriate. 9 10 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 11 12 Section 1. The Official Whatcom County Zoning Map is hereby amended from Rural Ten 13 Acre (R10A) to Rural Five Acre (R5A) for approximately 240 acres in the Foothills Subarea, 14 in Sections 25,26,35 and 36, Twp. 40, R5E, as shown in Attachment 1. 15 16 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this 17 Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part 18 thereof other than the part so declared to be invalid. 19 20 21 22 ADOPTED this 11 day of A, 7g,7Rt 1998. `3 24 25 26 ATTEST: 27 28 29 30 —� 31 Dana Brown- Davis, 32 Clerk of the Council 33 34 APPROVED as to form 35 36 37 +++✓✓✓ 38 tarffil=", 39 Civil Deputy Prosecutor 40 41 42 43 44 i:planning \rezone \08- 98b:zm.ord. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Imhof, Council (4 Approved () Denied Pete Kr�_/,>_ eemen, Executive Date: 01181 ATTACH, 1.L _ • 1 O f ' •' • i x cgt•'s 31 un IL u• Sf. 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