HomeMy WebLinkAboutord1998-082WHATCOM COUNTY COUNCIL AGENDA BILL
NO._ 1998 - 171 C
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: Planning & Develop
11/12/98
11/10/98
Full Council
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT.-
Ord. adopting amendments to the Whatcom County Comp Plan & Title 20 Zoning Maps
ATTACHMENTS
SUMMARY STATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Y Requested Date: 11/24/98
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1998-171C 11/10/98: Introduced
11/24/98: Amended and adopted 6-1, Brenner opposed - Ord.
#98 -082
Related File Numbers: Ordinance or Reso�luttion Number (this item only):
td - '" 1,8- M2.
File Ref:18- 98:cmt SPONSORED BY: CONSENT
11 -24 -98 PROPOSED BY: Whatcom County PDS
INTRODUCTION DATE: 11/10/98
ORDINANCE NO. 98-082
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN TEXT AND MAPS AND TITLE 20 ZONING MAPS
WHEREAS, The Whatcom County Council passed Resolution 98 -023 on May 5, 1998 initiating 20
Comprehensive Plan amendments, and related amendments to the Official Whatcom County Zoning Ordinance
(Title 20), for review in 1998; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued determinations of non -
significance on April 15, 1992, March 31, 1994, July 2, 1997, November 10, 1997 and June 30, 1998; and
WHEREAS, Pursuant to RCW 36.70.390 and RCW 36.70.590, legal notice of Planning Commission
hearings was published in the Bellingham Herald on October 9, 1997, July 10, 1998, July 30, 1998, August
28, 1998, September 11, 1998 and September 26, 1998; and
WHEREAS, The Planning Commission held public hearings on the proposed amendments on
November 13, 1997, July 23, 1998, August 13, 1998, September 10, 1998, September 24, 1998, and October
8, 1998, and considered all testimony; and
WHEREAS, The Planning Commission held a work session on October 8, 1998 to consider all the
amendments concurrently, as required by WCC 20.10.100, WCC 20.90.070, and WCC 20.90.040; and
WHEREAS, The Planning Commission evaluated the merits of each amendment in relationship to
the County Wide Planning Policies and the goals, policies and objectives of the Comprehensive Plan, as
required by WCC 20.10.100 and WCC 20.90.070; and
WHEREAS, The Planning Commission issued Findings of Fact, Reasons for Actions, &
Recommendations on the amendments; and
WHEREAS, the County Council has considered the Planning Commission's Findings of Fact,
Reasons for Action, & Recommendations for all the amendments, as required by WCC 20. 10.110 and
WCC 20.90.090; and
WHEREAS, the County Council has considered all the amendments concurrently so that the
cumulative effect of the various proposals can be ascertained, as required by the Growth Management Act
(RCW 36.70A.130) and WCC 20.10.010; and
WHEREAS, the County Council finds that the Comprehensive Plan amendments recommended
by the Planning Commission conform to the Growth Management Act and that the amendments to the
Official Whatcom County Zoning Ordinance maps recommended by the Planning Commission are
consistent with and implement the Comprehensive Plan; and
WHEREAS, amendments to the zoning text will be adopted under a separate ordinance; and
WHEREAS, the County Council finds the Comprehensive Plan text and map and zoning map
amendments in the best interest of the public health, safety, and welfare, based on the following findings
and conclusions:
FINDINGS
The Whatcom County Council adopts the Planning Commission's findings relating to the Comprehensive
Plan text and map and zoning map amendments as set forth in their Findings of Fact, Reasons for Action,
& Recommendations, which is attached as Exhibit 1.
CONCLUSION
Amendments to the Whatcom County Comprehensive Plan text and maps and the Official Whatcom
County Zoning Ordinance maps should be adopted as set forth in the Planning Commission's Findings of
Fact, Reasons for Action, & Recommendations.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The text and maps of the Whatcom County Comprehensive Plan and the maps of the Official
Whatcom County Zoning Ordinance (Title 20) are hereby amended as shown in the attached Exhibit 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 24th day of November 1998.
ATTEST:
APPRO ED as to form:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robvert A. Imhof, Chairperson
2
() Denied
Kiemen, Executive
Date:
�1 1
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 1 of 32
WHATCOM COUNTY
PLANNING COMMISSION
FINDINGS OF FACT, REASONS FOR ACTION &
RECOMMENDATIONS
RE: THE MATTER OF AMENDING THE OFFICIAL WHATCOM COUNTY
COMPREHENSIVE PLAN MAP AND TEXT AND THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE MAP AND TEXT.
WHEREAS, The Whatcom County Council passed Resolution 98 -023 on May 5,
1998 initiating 20 Comprehensive Plan amendments for review in 1998; and
WHEREAS, Amendments to the Official Whatcom County Zoning Ordinance
map and text accompanied some of the Comprehensive Plan amendments; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued
determinations of non - significance on April 15, 1992, March 31, 1994, July 2, 1997,
November 10, 1997 and June 30, 1998; and
WHEREAS, Pursuant to RCW 36.70.390 and RCW 36.70.590, legal notice was
published in the Bellingham Herald on October 9, 1997, July 10, 1998, July 30, 1998,
August 28, 1998, September 11, 1998 and September 26, 1998; and
WHEREAS, The Planning Commission held public hearings on the proposed
amendments on November 13, 1997, July 23, 1998, August 13, 1998, September 10,
1998, September 24, 1998, and October 8, 1998, and considered all testimony;
WHEREAS, The Planning Commission held a work session on October 8, 1998
to consider all the amendments concurrently, as required by WCC 20.10.100 and WCC
20.90.070; and
WHEREAS, The Planning Commission has evaluated the merits of each
amendment in relationship to the County Wide Planning Policies and the goals, policies
and objectives of the Comprehensive Plan, as required by WCC 20.10.100 and WCC
20.90.070;
NOW THEREFORE BE IT RESOLVED:
THE PLANNING COMMISSION ENTERS THE FOLLOWING
FINDINGS OF FACT, REASONS FOR ACTION AND
RECOMMENDATIONS ON THE 20 AMENDMENTS UNDER
CONSIDERATION:
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 2 of 32
I. File # 20 -91; CZH — Haskell
APPLICANT: Robert Haskell
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Rural to
Crossroads Commercial and the Zoning map from Rural one dwelling/five acres (R5A) to
Tourist Commercial for approximately 20 acres located east of I -5, about a mile north of
Lake Samish in sections 14 and 23, T37N, R3E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The subject property is presently planned and zoned Rural Five Acres, while
approximately 22 acres within 500 feet to the west is designated Tourist
Commercial. There is a Neighborhood Commercial area approximately 1,000
feet south of the subject property.
2. The subject property is presently vacant forested land with an oil pipeline right of
way crossing through it.
3. Surrounding uses include a county rifle range, vacant forested land, a grocery
store with gasoline sales, a fire district building to house fire fighting. equipment,
a WSDOT park and ride lot, a ceramics shop, and 18 acres of undeveloped land
zoned Tourist Commercial.
4. The area is presently served by individual wells and septic systems. A small
portion of the subject property is inside the boundaries of Whatcom Water district
Number 12 although water and sewer are not presently available from the district.
5. Fire protection is provided by Whatcom County Fire Protection District Number 9
(Lake Samish).
6. Access to the property is from Old Highway 99 ( Samish Way).
7. The site consists entirely of Squalicum gravelly loam soils; slopes range from
steep (30 %) to moderate (5 to 10 %) with few level areas; and elevation ranges
from 800 feet to 520 feet.
8. The site is in the Samish River watershed; a stream crosses the property, draining
to Finney Creek and Lake Samish; and National Wetlands Inventory maps show
no wetlands on the property.
9 Comprehensive Plan goals and policies do not support the proposal.
10. There is no apparent error in the present classification.
11. There are no changed conditions that support the proposed amendments.
PLANNING COMMISSION RECOMMENDATION: Denial
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 3 of 32
11. 13 -94: CZM - Weden
APPLICANT: G. Darrel Weden
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Rural
Forestry to Rural and the Zoning map from Rural Forestry to Rural one dwelling/five
acres (R5A) for approximately 75 acres located south of Old Samish Rd., in section 21,
T37N, R3E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to change the Comprehensive Plan designation from Rural Forestry
to Rural and the zoning from Rural Forestry, which allows one dwelling/20 acres,
to Rural one dwelling/five acres (R5A), for approximately 75 acres in the
Chuckanut -Lake Samish Subarea.
2. The proposal could result in an additional 16 homes and 42 more people in the
area.
3. There is no public road access to the proposed rezone.
4. Only the easterly thirty -five acres is in Fire District #9, the remaining forty acres
has been approved to annex but no attempt to formally submit a petition to the
Boundary Review Board has yet been made since February 10, 1992.
5. Critical Areas would be significantly impacted. These include steep slopes,
wetlands and streams, fish habitats and an aquifer recharge area. There are very
few sites that could be built upon without impacting Critical Areas.
6. The site is not served by public water or sewer.
7. The westerly forty acres are in Designated Forest tax status classification.
8. A Class 3 Forest Practice Application was applied for in March 1997, for a timber
harvest in a forested wetland, as well as on the hillside. At present, there is no
"Conversion Option Harvest Plan" or "Conversion to a use other than commercial
timber operation" plan filed. WAC 222 -20 -050 Conversion to Nonforest Use (3)
states:
"If the application does not state that any land covered by the application
will be or is intended to be converted to a specified active use
incompatible with commercial timber operations and except as provided in
subsection (2) of this section, the local government entity may, for six
years after the date of the application, refuse to accept, process, or approve
any or all applications for permits or approvals, including building permits
and subdivision approvals, relating to nonforestry uses of the land subject
to the application."
9. There are no changed conditions that support the rezone and Comprehensive
Plan amendment.
PLANNING COMMISSION RECOMMENDATION: Denial
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 4 of 32
III. File # 15 -96. CZMT — Lummi Island Scenic Estates
APPLICANT: Whatcom County Planning Commission (at the request of Lummi Island
Scenic Estates Community Club, Inc.)
DESCRIPTION OF PROPOSAL: Amending the Whatcom County Comprehensive Plan
from Rural Forestry to Rural and the zoning map from Rural Forestry to Rural
Residential - Island District for the Lummi Island Scenic Estates subdivision.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The subject request is to change the Comprehensive Plan designation from Rural
Forestry to Rural and the zoning from Rural Forestry to Rural Residential - Island
District for the Lummi Island Scenic Estates subdivision.
2. The Lummi Island Scenic Estates subdivision is already administered under the
Rural Residential- Island District zoning pursuant to WCC 20.83.140.
3. The subject site is located within the Ferndale School District and Fire District #
11. It is accessed by Seacrest Dr. and other roads located throughout the
subdivision. Water is provided by Lummi Island Scenic Estates Community Club
Inc. The site is not served by public sewer.
4. Critical Areas on the site include steep slopes, wetland buffers, aquifer recharge
area, wildlife habitat conservation areas, and shorelines.
5. The subject site and areas to the north, west and south are currently designated
Rural Forestry. There is a mineral resource lands designation to the southeast.
There are no designated agricultural lands in the area.
6. Neither changed conditions nor further studies have been identified that would
warrant changing the Rural Forestry Comprehensive Plan designation, which was
just adopted in May of 1997, to Rural.
7. An error was not made when the Rural Forestry Comprehensive Plan designation
was adopted.
PLANNING COMMISSION RECOMNIENATION: Denial
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 5 of 32
IV. File # 17 -96: CZM — Ochoa
APPLICANT: Andy Ochoa
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from
Suburban Enclave to Urban Growth Area and the zoning map from Residential Rural one
dwelling/acre to Urban Residential three dwellings/acre for a 1.1 acre parcel located on
the NW corner of West Smith Rd. and Bel -West Dr., in section 28, T39N, R2E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to change the Comprehensive Plan designation from Suburban
Enclave to Urban Growth Area and the zoning from Residential Rural one
dwelling unit per acre to.Urban Residential three dwelling units per acre.
2. The parcel meets the locational criteria for a Suburban Enclave, which include
areas characterized by development at densities averaging one unit per acre and
served by public roads, sewer or water, or other public services or facilities.
3. Appropriate public services are available to accommodate urban development on
the site.
4. Critical Areas would not be significantly impacted.
5. The proposal would not create a significant impact on population or employment
growth.
6. There are no changed conditions that support the rezone and Comprehensive Plan
amendment.
PLANNING COMMISSION RECOMMENDATION: Denial
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 6 of 32
V. File # 9 -98: CZMT — E. Pole Rd. /Powers
APPLICANT: Whatcom County Planning & Development Services
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan and zoning to
apply a new Rural Industrial Overlay zone and/or apply new criteria that would allow
rural industrial uses to a 20 acre parcel located on the north side of East Pole Road, east
of Hannegan Road, in section 4, T39N, R3E, W.M. The site's current Light Impact
Industrial zoning designation would be eliminated.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. On May 20, 1997, Whatcom County adopted the official Whatcom County
Comprehensive Plan. The official Comprehensive Plan map designation assigned
to this site is Agriculture.
2. The Growth Management Act requires that zoning must comply with the
Comprehensive Plan. The existing Light Impact Industrial zone on the Whatcom
County Zoning map is not consistent with the Comprehensive Plan.
3. The properties have prime agricultural soils and 75% of the subject property is in
agricultural use; approximately five acres of the site is occupied by industrial uses
which existed prior to the adoption of the Growth Management Act.
4. The 17.84 acre parcel is in Agricultural Open Space, a tax deferral designation.
5. There are goals in the Growth Management Act, Comprehensive Plan and
County -wide Planning Policies which support retention of the agricultural uses on
this parcel and there are also goals which support expansion or infill of the
existing industrial uses on the parcel.
6. Under existing County regulations, a legally established non - conforming use is
allowed to continue and is allowed to expand under a conditional use permit.
However, the requirement to obtain a conditional use permit for each new or
expanded use is time consuming and expensive and can result in difficulty in
obtaining bank financing for improvements or sale of property.
7. The proposed text change to the Agricultural zone would allow the expansion of
existing legally established industrial uses without allowing conversion of
agricultural land on other parcels to non - agricultural uses.
8. There are no changed conditions impacting the site or surrounding area since the
adoption of the Comprehensive Plan to justify an amendment to the
Comprehensive Plan designation for this site.
PLANNING COMMISSION RECOMMENDATION: (1) Retain the Agricultural
Comprehensive Plan designation and rezone the site from Light Impact Industrial to
Agriculture as shown on Exhibit A, and (2) Amend the Agriculture zoning text as
follows:
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 7 of 32
20.40.130 Administrative approval
.134 Pre - existing, light industrial/manufacturing sites
Light industrial/manufacturing uses that were legally permitted and compliant with
subarea comprehensive plans and/or zoning districts -prior to the effective adoption date
of the county's comprehensive plan 5/20/97 will be considered legal uses and will be
allowed to continue operations of substantially the same type and intensity. Expansion of
facilities or construction of additional facilities may be allowed by administrative
approval, but will be limited to a total developed area of not more than 20 acres and
expansion or construction proposals must comply with the permitted uses of the zoning
as the zoning existed at the time of adoption of the Comprehensive Plan (5/20/97).
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 8 of 32
VI. File # 11 -98: CZMT — The Logs
APPLICANT: Whatcom County
DESCRIPTION OF PROPOSAL: Amending the Whatcom County Comprehensive Plan
map from Rural to Rural Forestry and the zoning map from Resort Commercial to Rural
Forestry for approximately 82 acres, including The Logs Resort. As an alternative to the
Rural Forestry zoning, a Rural one dwelling/five acre zoning designation will be
considered. Recreational uses in the Rural Forestry or Rural one dwelling/five acre zones
may also be expanded.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The subject site was designated "Rural" and "Multiple Use — Forestry" under the
original Whatcom County Comprehensive Plan in 1970.
2. The site was re- designated "Valley Region" in the Mt. Baker Foothills Plan, which
was adopted in 1976.
3. The site was re- designated "Resort Commercial" under the Foothills Subarea Plan,
which was adopted in 1988.
4. The site was re- designated "Rural' under the Whatcom County Comprehensive Plan,
which was formulated pursuant to the Growth Management Act, in 1997.
5. The site has been zoned Resort Commercial since 1988.
6. The Growth Management Act, at RCW 36.70A.040(3), requires that zoning
regulations must be consistent with and implement the Comprehensive Plan.
7. The Whatcom County Comprehensive Plan (1997) indicates that the Rural
designation "Allows one dwelling unit per two, five, or ten acres, but encouraging ten
acre development ..." (p. 2 -80). However, the Resort Commercial zoning allows
residential development at a density of one dwelling/acre when neither public water
nor sewer is available and two dwellings /acre when public water is provided.
Densities for multi - family housing go up to 22 units /acre when public water and
sewer are provided. Therefore, a conflict was identified between the Rural
Comprehensive Plan designation and the Resort Commercial zoning designation.
8. No changed conditions have been identified which would warrant amending the
Comprehensive Plan designation from Rural to Rural Forestry. Changed conditions
do not have to be shown when a zoning designation is amended to implement a
previously adopted Comprehensive Plan designation.
9. Amending the zoning from Resort Commercial to Rural one dwelling/five acres in
order to implement the existing Rural Comprehensive Plan designation is generally
consistent with the Growth Management Act, Comprehensive Plan and County Wide
Planning Policies. The Whatcom County Comprehensive Plan (1997) Rural
Employment Opportunities Policy 2EE -5 is to "Retain existing tourist/resort
commercial designations throughout Whatcom County." However, the subject site
was not given an Urban Growth Area, Small Town, or Resort and Recreational
Subdivisions designation, which apply to areas zoned Resort Commercial in other
parts of Whatcom County. Rather, a Rural designation was adopted. The existing
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 9 of 32
Resort Commercial zoning is inconsistent with the Rural Comprehensive Plan
designation.
10. Rezoning the subject site from Resort Commercial to Rural one dwelling/five acres
would not preclude all reasonable use of the property. Whatcom County has
approximately 76,310 acres of land zoned Rural one - dwelling/five acres. Property
owners in the Rural one dwelling/five acre zone can submit applications for the
various uses allowed in that zone (WCC 20.36). Additionally, the original owner of
The Logs Resort stated that the first rental cabin constructed at The Logs Resort has
been rented out since 1958. The last (fifth) rental cabin constructed at The Logs
Resort has been rented out since 1968. The cabins have been rented out continuously
to the present day and are still in use. Additionally, under a text amendment to the
Rural zone, the owners could submit an application for a conditional use permit to
construct more rental cabins.
11. The subject site is located within the Mt. Baker School District and Fire District 19.
It is accessed by Mt. Baker Highway. A public water supply serves The Logs Resort
property. Sewer does not serve the site
12. Critical areas on the site include an alluvial fan, wildlife habitat conservation area
(including utilization of Canyon Creek by Spring Chinook), floodplain, aquifer
recharge area, and steep slopes. Comprehensive Plan Goal 11D is to: "Minimize
potential loss of life, damage to property, the expenditure of public funds and
degradation of natural systems resulting from development in hazardous areas such as
... dangerous alluvial fans ..." (p. 11 -11). Flood events on the Canyon Creek
alluvial fan occurred in 1989 and 1990. The Whatcom County Environmental
Resources Report Series — Alluvial Fan Hazard Areas (1992) indicates: " ... During
the 1990 events, numerous channels flowed across the terrace isolating The Logs
Resort and causing considerable damage. A major channel shift to the west onto the
flood terrace could destroy The Logs ..." A dike was constructed along a portion of
Canyon Creek in 1994, but was damaged in several places in 1995 by floodwaters.
This damage includes a breach in the dike just upstream of The Logs Resort.
13. Designated forest lands abut the northern and eastern boundaries of the subject site.
Forest lands also abut a small portion of the western boundary of the site. There are
no designated agricultural or mineral resource lands abutting the site
14. Amending the zoning map so that it is consistent with and implements the
Comprehensive Plan and limiting development on alluvial fans is in the public
interest.
15. Amending the Rural zoning text to allow rental cabins and associated conference
centers as a conditional use in the Foothills subarea is consistent with Comprehensive
Plan Rural Employment Opportunities Goal 2EE, which is to "Provide employment
opportunities in the rural parts of Whatcom County." Potential impacts associated
with such development can be addressed through the conditional use permit process.
16. Amending the Rural zoning text to allow rental cabins and associated conference
centers as a conditional use in the Foothills subarea is consistent with Comprehensive
Plan Economics — Geographic Diversity Policy 7K -4, which is to "Consider
establishing more resource and tourism based industrial and commercial uses to
create economic opportunity in the eastern part of the county."
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 10 of 32
PLANNING COMMISSION RECOMMENDATION: (1) Retain the existing Rural
Comprehensive Plan designation and rezone the site from Resort Commercial to Rural
one dwelling/five acres (RSA) as shown on Exhibit B, and (2) change the Rural zoning
text as follows:
Add a section to WCC 20.36.150 (Conditional uses) as follows:
.176 Rental cabins and associated conference centers in the Foothills Subarea,
provided the following are met:
1) Densitv shall not exceed three sleeDin2 units Der five acres and shall be
determined by site plan approval;
(2) Legally established resorts or rental cabins existing as of the date of the
adoption of this ordinance which meet the criteria in subsection (1) shall
be permitted outright. However, expansions shall only be allowed by
conditional use and shall be bound by the density above; and
(3) Each cabin shall have a maximum of three sleeping units.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 11 of 32
VII. File # 30 -98: CT — Ag Statistics Text
APPLICANT: Whatcom County Planning & Development Services
DESCRIPTION OF PROPOSAL: Amending the text of the Comprehensive Plan to
ensure that acreage figures for agricultural, forestry, industrial and other uses are
consistent and correct.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. Acreage statistics have changed since the adoption of the Comprehensive Plan on
May 20, 1997.
PLANNING COMMISSION RECOMMENDATION: Approval as shown on Exhibit C.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 12 of 32
VIII. File # 31 -98: CZM — Manthey et al./West Smith Rd.
APPLICANTS: Bill & Daisy Manthey, et al.
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from
Agriculture (AG) to Rural and the Zoning map from Agriculture to Rural, one
dwelling/five acres (R5A) or Rural, one dwelling/ten acres for approximately 200 acres
near the NE corner of Smith and Aldrich Roads, in section 26, T39N, R2E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to change the Comprehensive Plan Map and Zoning from
Agriculture to Rural Five Acres for approximately 200 acres.
2. The subject property is largely in agricultural use, as are the surrounding
properties.
3. Water shares are not available from the Deer Creek Water Association. There is
no public sewer.
4. County Engineering stated that Aldrich and Manthey roads would have to be
improved to their functional classification for that portion that serves the potential
rezone.
5. Five of the seven soils on site are 'Prime Farmland" as defined by the Soil
Conservation Service. With moderate conservation practices the area has potential
for a variety of crops and hay /pasture.
6. Soils provide limitations to home -site development and particularly to septic tank
absorption fields.
7. The request would isolate a 59 acre property which is zoned Agriculture and is
not consistent with the Whatcom County Comprehensive Plan and the County -
Wide Planning Policies regarding the protection of agricultural land.
PLANNING COMMISSION RECOMMENDATION: Denial
SPECIAL NOTE: At its meeting of September 10, 1998, the Planning Commission
proposed initiation of a Comprehensive Plan and zoning amendment to reconsider this
proposal again next year, with the addition of the 59 acre parcel referenced in finding # 7.
This amendment will be placed on the docket of proposed 1999 Comprehensive Plan
amendments.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 13 of 32
IX. File # 32 -98: CMT — Knight/Custer Provisional UGA
APPLICANT: Maurice A. Knight
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Rural to
Provisional Urban Growth Area for approximately 18.5 acres in the Custer area in section
27, T40N, R1E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to include the west half of assessor tax parcel number 400127
168060 in the Custer Provisional Urban Growth Area ( CPUGA).
2. The subject site is located within Fire District #13 and the Ferndale School
District. It is accessed from Arnie Road. No significant impacts to service
provider or public facilities have been identified.
3. The proposal conforms to the requirements of the GMA, the Whatcom County
Comprehensive Plan and the County -Wide Policies.
4. Under current zoning two additional lots could be created. However, under the
current Comprehensive Plan Designation, one of the lots would be partially in the
CPUGA and partially outside.
5. The number of residents would not significantly change with the proposed
change.
6. The subject property was inadvertently left out when the boundaries for the
CPUGA were determined.
PLANNING COMMISION RECOMMENDATION: Approval as shown on Exhibit D.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 14 of 32
X. File # 33 -98: CZM — Century Holdings /Point Roberts
APPLICANT: Century Holdings
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Rural to
Urban Growth Area (UGA) or Resort & Recreational Subdivisions and the Zoning map
from Rural one dwelling/five acres (R5A) to Urban Residential three dwellings /acre
(UR3) for approximately 52 acres located east of Tyee Dr. in Point Roberts in section 34,
T41N, R3W, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to change the Comprehensive Plan designation from Rural to
Urban Growth area or Resort and Recreational Subdivision and the Zoning map
from Rural, one dwelling per five acres, to Urban Residential, three dwellings per
acre.
2. The site is currently vacant and wooded.
3. A relatively small quantity of a Prime Farmland Soil (LESA I -IV or Prime 1) has
been identified on the site. The topography is flat to rolling.
4. Surrounding uses include rural residences, vacant and wooded land and a former
gravel quarry.
5. Point Roberts Water District #4 has a surplus of water, but there is no centralized
sewer or storm water system in Point Roberts.
6. Water lines and fire hydrants were installed throughout the subject site in the
early 1970's to serve 191 single family residences. These lines may or may not
be useable after sitting unused for 28 years.
7. If the site were designated, or included in, an Urban Growth Area and rezoned
UR3, the permitted density of the site would remain at the current R5A density of
one unit per five acres until public sewer service is available and it is included
within a Short Term Planning Area.
8. As an individual site, the subject site does not meet the locational criteria for
Urban Growth Areas or Resort and Recreational Subdivisions, however it does
meet the criteria for Resort and Recreational Subdivisions if considered along
with the surrounding area. The site is similar to other areas within Point Roberts
which are designated Resort Recreational Subdivision and zoned UR3.
9. There was an error made in the original 1990 zoning designation of R5A.
PLANNING COMMISSION RECOMMENDATION: Amend the Comprehensive Plan
designation from Rural to Resort & Recreational Subdivisions and amend the zoning
from Rural one dwelling/five acres to Urban Residential three dwellings /acre as shown
on Exhibit E.
SPECIAL NOTE: At its meeting of October 8, 1998, the Planning Commission proposed
initiation of a Comprehensive Plan amendment to consider making all of Point Roberts
an Urban Growth Area. This amendment will be placed on the docket of proposed 1999
Comprehensive Plan amendments.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 15 of 32
XI. File # 34 -98: CM — Lynden AG UGA
APPLICANT: City of Lynden
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from
Agriculture (AG) to Urban Growth Area (UGA) for approximately 20 acres near Lynden
on the east side of Double Ditch Rd., north of E. Main St., in section 18, T40N, R3E,
W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to change the Comprehensive Plan designation from Agriculture to
Urban Growth Area for approximately 20 acres in the Lynden- Nooksack Valley
Subarea. The applicant is not requesting a change to the underlying Agriculture
zoning.
2. Current usage of the site is agricultural and the subject parcel is currently in
Agriculture Open Space taxation.
3. Soils on the site and in the surrounding area are moderately permeable and are
Prime 1 or LESA I -IV agricultural soils. The topography of the site is flat.
4. Surrounding uses include farms, residences and rural land uses and the
surrounding zoning is AG and RS 100.
5. The Whatcom County Comprehensive Plan policies and County -Wide Planning
Policies support preservation and protection of agricultural resource lands.
6. Annexation of the subject site into the City of Lynden under the current city
zoning (RS100) would result in a potential of 80 lots. Eighty potential single
family residential lots may generate 280 residents and 640 to 800 vehicle trips per
day on Double Ditch Road.
7. The subject site is designated Agricultural Resource Land.
8. The subject site meets the criteria established for Agriculture designation and
does not meet criteria for Urban Growth Areas. The Whatcom County
Comprehensive plan discourages conversion of productive agricultural resource
land to incompatible non - agricultural land uses.
9. Neither changed conditions nor further studies have been identified that indicate a
need to amend the current Comprehensive Plan designation.
PLANNING COMMISSION RECOMMENDATION: Denial
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 16 of 32
XII. File # 35 -98: CZM — Brandorff MRL
APPLICANT: Ted Mischaikov for the Brandorff family
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Mineral
Resource Lands (MRL) to Rural and the Zoning map by eliminating the MRL overlay
zone for approximately 23 acres. The underlying zoning is Rural one dwelling/five acres
(R5A). This site is located NE of the City of Nooksack and NW of Breckenridge Rd., in
section 28, T40N, R4E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. This proposal was withdrawn by the property owner's representative on July 14,
1998.
RECOMMENDATION: NIA
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 17 of 32
XIII. File # 36 -98: CZM — Gold Star Resorts /Gateway
APPLICANT: Gold Star Resorts, Inc.
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Rural to
Transportation Corridors and the Zoning map from Rural one dwelling/five acres (R5A)
to Gateway Industrial for approximately 32 acres on the east side of I -5, north of Birch
Bay - Lynden Rd., in section 22, T40N, R1E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. File No. 36- 98:CZM involves 32 acres of land (herein the "Property ") which is
presently designated Rural in the Comprehensive Plan (CP) and zoned R5A. This
matter was considered by the County Council and referred to the Planning
Commission for further study at the time the Council adopted the CP1. Pursuant
to that recommendation, this matter was docketed with the Planning Commission,
notices were published and sent to property owners within 300 feet, and a public
hearing before the Planning Commission was held on September 10, 1998.
2. The Property is generally located on the northeast quadrant of the I -5 /Birch Bay
Lynden Road interchange. The Property is bounded on the south by Gateway
Transportation Corridor Comprehensive Plan Designation ( "Gateway ") and
Gateway Industrial ( "GI ") zoning, and on the west by Interstate 5 and Gateway
and GI zoning. Lands to the east and north of the Property are Rural and R5A.
The Property is owned by Gold Star Resorts, Inc., a Washington corporation
(herein "Gold Star").
3. Gold Star also owns the adjoining 26 acre tract (herein the "26 Acre Tract ") to the
south. Total Gold Star ownership is 58.8 acres. Because the 26 Acre Tract is
within one - quarter mile of the Birch Bay - Lynden Road/I -5 interchange, the GI
zoning permits tourist commercial uses on that site. The 26 Acre Tract has been
proposed as a travel plaza to be owned and operated by Flying J Oil Company
(herein "Flying Y). This use would take up a major portion of the 26 Acre Tract.
4. The Property has been proposed as a site for an Electronic Mall ( "E- Mall "). An
E -Mall is a relatively new concept of business /industrial operation. Companies
locating at an E -Mall operate warehouses from which stored products can be
distributed with orders originating on the internet. The warehouses are
complimented by office space for employees who take orders over the internet
which are then filled from the warehouses and distributed either via truck traffic
or air freight. An E -Mall on the property would be allowed by the GI zoning,
could operate with a private water supply and sewage disposal system, and would
strongly compliment the travel plaza proposed by Flying J. The E -Mall is
dependant on truck traffic and so is the Flying J travel plaza.
5. The Property is especially well suited for an E -Mall, justifying the proposed CP
and zoning changes. The Property is attractive to Canadian companies desiring to
locate in Whatcom County because of its proximity to the border, the Bellingham
1 The Comprehensive Plan was officially adopted on May 20, 1997.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 18 of 32
airport, and the Birch Bay - Lynden Road which provides a cross - country link for
truck traffic. Most importantly, the Property's location on I -5 and adjacent to the
access portal to the fiber optic cable which is directly across the freeway and is
necessary to carry the internet orders for the goods being sold. The Bellingham
Whatcom Economic Development Council Land Demand and Supply Report
dated July 30, 1997, which post dates the adoption of the CP indicates that there
may be insufficient industrial land in Whatcom County with a shortage of as
much as 1,782 acres. Expert testimony at the public hearing relating to the
availability of industrial lands in Whatcom County suggests and the Commission
finds that the Property is a unique location for the E -Mall, justifying the proposed
CP and zoning changes.
6. Much investigative work has been done in connection with the east side of the
interchange, the 26 Acre Tract, and the Property. Hundreds of thousands of
dollars have been spent over the last eight years to determine the feasibility of the
26 Acre Tract and adjoining lands for development. A wetland delineation and
soil investigations have been accomplished on the 26 Acre tract. Relatively few
wetlands were found. The soils were determined to be quite sandy and not
suitable for agriculture. Reconnaissance work on the Property indicates similar
soils exist which are also too sandy for agricultural purposes. The Property has
never been economically farmed. While wetland maps of the Property suggest
there may be substantial wetlands there, recent reconnaissance does not bear this
out. Some areas of high water table exist, but not significant enough to deter the
proposed E -Mall. The E -Mall concept here is one where any wetlands or other
important environmental features would be integrated into the overall site design
creating a "campus- like" atmosphere.
7. The proposal meets many of the policies of the CP, County Wide Planning
Policies and County Visioning Statements. Visioning Statements relating to
economic development numbers 1, 2 and 5 are particularly applicable. Number 5
even specifically references business and industrial development in the I -5
corridor.
County Wide Planning Policies related to economic development and
employment numbers 3, 6, 8 and 11 are also applicable.
The CP defines transportation corridors as follows:
"Transportation corridors are areas in demand for transportation related
services and improvements where planning is underway or is anticipated."
This proposal fits very well within the locational criteria for transportation
corridors, which states as follows:
"Land not used or suitable for natural resource use or residential
development. Areas characterized by existing transportation - related
development but lacking sufficient utility service to warrant an urban
designation at this time."
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 19 of 32
The ability to join two properties in the same ownership together so that the entire
property may be comprehensively planned is an important consideration.
CP discussion of the Gateway Industrial Area states as follows:
"The Gateway Industrial Area is a transportation related corridor
supporting transportation related warehouse and other uses, some of which
have located in the area between the rail line and Interstate 5. The
property is not used or suitable for resource use and is not particularly
suitable for residential development. The area is characterized by existing
development that lacks the sufficient utility service to warrant an urban
designation at this time."
While services are an issue, the Commission is satisfied that services at a
sufficient level can be provided for the types of uses proposed for the Property.
CP goal 2MM states as follows:
"Maintain the existing development in the Gateway Industrial area and
confine further development to warehouse and transportation/auto travel
related activities."
Policy 2MM -1 and 2MM -2 are not applicable.
Policy 2MM -3 states as follows:
"Allow in -fill in the Gateway industrial area subject to adequate road
capacity, water supply and sewer service or the ability to utilize septic
systems. Limit other services to rural service levels."
While this policy may not be totally met, the Commission finds it is overridden by
the uniqueness of the Property and importance of joining together properties in
common ownership so that they may be planned as a comprehensive unit.
Provision of on -site services by the owner of the Property is certainly a solution
contemplated by the CP.
Needed transportation improvements have already been planned and received
preliminary technical review by County staff in connection with Flying J's
proposal. Once again, joining the entire 58.8 acres in common ownership with
the same CP and zoning designation will enhance the completion of these
necessary transportation improvements.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 20 of 32 .
8. Support for the proposed CP and zone change for the Property is found in RCW
36.70A.070(5)(d)(i) through 36.70A.070(5)(d)(iv). These provisions, added to
the GMA by July 1997 amendments after the initial adoption of the
Comprehensive Plan, allow for limited areas of more intensive rural development.
The Property is logically included in the Gateway for the reasons mentioned
elsewhere herein. The limitations required by RCW 36.70A.070(5)(d)(iv) are
already included within the GI zoning, which does not allow tourist commercial
uses this far from the freeway interchange and limits industrial development to
those activities which do not require an environmental impact statement. The
logic of including the Property in the Gateway at this time is its uniqueness for the
use proposed, common ownership with adjoining land already in the Gateway and
its adjacency to Interstate -5.
PLANNING COMMISSION RECOMI"ENDATION: Approval as shown on Exhibit F.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 21 of 32
XIV. File # 37 -98: CM — Ferndale /South of Grandview
APPLICANT: City of Ferndale
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map to remove
approximately 469 acres from the Ferndale Urban Growth Area. The proposed new
Comprehensive Plan designation is Rural. The City of Ferndale amended the request on
August 6, 1998 to modify the size of the area under consideration from 469 acres to
approximately 429 acres, by deleting about 40 acres near the intersection of Grandview
Rd. and Vista Dr. from the request.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The City of Ferndale has submitted an application to change the Whatcom County
Comprehensive Plan designation from Urban Growth Area (UGA) to Rural for
approximately 429 acres in the area generally south of Grandview Rd., east of
Church Rd., north of Aldergrove Rd., and west of Malloy Rd.
2. There are no proposed changes to the existing Rural one dwelling/five acres
(R5A) zoning.
3. The subject area was not designated as a UGA under the City of Ferndale
Comprehensive Plan, which was adopted in October of 1996.
4. The Whatcom County Council received a copy of the Ferndale Comprehensive
Plan in 1996.
5. The subject site was designated as a UGA in the Whatcom County
Comprehensive Plan, which was adopted in May of 1997 under Ordinance 97-
023.
6. RCW 36.70A.110(2) indicates that, if the County and City cannot agree on the
location of a UGA, the County shall justify in writing why it designated the area
as a UGA. The Whatcom County Council stated, in the findings attached to
Ordinance 97 -023, that the deletion of the subject area from the Ferndale UGA
would leave an abnormally irregular future boundary. Therefore, the County
Council found that this area should be included in the UGA.
7. RCW 36.70.410 states that "When changed conditions or further studies by the
planning agency indicate a need, the commission may amend . . . the
comprehensive plan ..." Neither changed conditions nor further studies have
been identified which indicate a need for the proposed Comprehensive Plan
amendment.
PLANNING COMMISSION RECOMMENDATION: Denial
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 22 of 32
XV. File # 38 -98: CM — Ferndale/North of Grandview
APPLICANT: City of Ferndale (Comprehensive Plan amendment)
Whatcom County/Property Owner (zoning amendment)
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Rural to
Urban Growth Area and amending the zoning from Rural one dwelling/five acres to
Light Impact Industrial for approximately 29 acres adjacent to Vista Dr., north of
Grandview Rd., in section 1, T39N, R1E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to change the Comprehensive Plan designation from Rural to
Urban Growth Area (UGA) for approximately 29 acres in the Cherry Point -
Ferndale Subarea and the Zoning map from Rural Five Acre (R5A) to Light
Impact Industrial (LII).
2. Current usage of the site is residential and agricultural. One of the subject parcels,
which is 27.7 acres, is currently in Agriculture Open Space taxation.
3. Soils on the site and the surrounding area are moderately permeable and arevii
1 or LESA I -IV agricultural soils. The topography of the site is flat to rolling.
4. Surrounding uses include rural residences and rural and agricultural land uses.
The surrounding zoning is R5A and LII.
5. The site was originally included in the adopted Ferndale UGA, but was
inadvertently left off of the final UGA maps in the published Ferndale
Comprehensive Plan.
6. The site is located directly adjacent to the existing Ferndale UGA. The zoning
located in the adjacent UGA is LII.
7. The Comprehensive Plan Policies and County -wide Planning Policies support
designation of additional industrial land along the I -5 corridor.
8. The Comprehensive Plan Policies and the County -wide Planning Policies support
attracting and expanding existing industries to Whatcom County and therefore
support designation of a land supply sufficient to provide a range of locations and
to last beyond the 20 year planning period.
9. On August 13, 1998, the Planning Commission preliminarily voted to approve
inclusion of the site into the Ferndale UGA.
10. Amending the zoning of the subject site from R5A to LII would make the site
consistent with the current LII zoning within the adjacent Ferndale UGA. Rural
zoning within an Urban Growth Area is not consistent with the purpose of a UGA
designation.
PLANNING COMMISSION RECOMMENDATION: Approval as shown on Exhibit G
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 23 of 32
XVI. File # 39 -98: CM - Ballinger
APPLICANT: Whatcom County
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from
Commercial Forestry to Rural Forestry for approximately 43 acres along Paradise Valley
Rd., SE of South Pass Rd., in section 17, T40N, R5E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The subject request is to change the Comprehensive Plan designation from
Commercial Forestry (CF) to Rural Forestry (RF) for two properties that total
approximately 43 acres.
2. There are no proposed changes to the existing RF zoning.
3. The proposal conforms to the requirements of the GMA, the Whatcom County
Comprehensive Plan and the County -Wide Planning Policies.
4. The proposed Comprehensive Plan amendment would not change the number of
potential residences that could be constructed upon the site nor employment
opportunities associated with use of the site, as the zoning designation would not
change.
5. The subject site is located within Fire District # 14 and the Nooksack School
District. It is accessed by South Pass Rd. and Paradise Valley Rd., both of which
are County rights -of -way. The site is not served by public water or sewer. No
significant impacts to service providers or public facilities have been identified.
6. Critical Areas on the site include steep slopes, a stream, and an aquifer recharge
area. There are areas on the. site that could be built upon without impacting
Critical Areas.
7. The subject site is currently designated forestry land. The Comprehensive Plan
amendment from CF to RF would not change its status as designated forestry
land. There is a mineral resource lands designation to the northwest, across South
Pass Rd. There are no designated agricultural lands in the area.
8. The subject site was designated CF under the Whatcom County Comprehensive
Plan, which was adopted in May of 1997.
9. The subject site was rezoned from CF to RF in November of 1997 (the CF zoning
had originally been adopted in 1992). This rezone constitutes a condition that
has changed since the adoption of the Comprehensive Plan.
10. The GMA requires consistency between the Comprehensive Plan and zoning
designations. The subject amendment would promote the public interest by
ensuring that the Comprehensive Plan and zoning designations are consistent.
PLANNING COMMISSION RECOMMENDATION: Approval as shown on Exhibit H.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 24 of 32
XVII. File # 40 -98: CT — Subarea Plans
APPLICANT: Whatcom County
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan text to integrate
the Birch Bay - Blaine, Cherry Point - Ferndale, Chuckanut -Lake Samish, Foothills, Lake
Whatcom, Lynden - Nooksack Valley, Point Roberts, and South Fork Valley Subarea
Plans into the Whatcom County Comprehensive Plan.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The proposal was withdrawn by the applicant.
PLANNING CONIlVIISSION RECOMMENDATION: N/A
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 25 of 32
XVIII. File # 4I -98: CM — Ferndale ROS
APPLICANT: City of Ferndale
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan map from Urban
Growth Area to Suburban Enclave for approximately 31 acres located east of I -5 and
south of West Axton Rd., just south of the Deer Creek Park subdivision, in sections 27
and 28, T39N, R2E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The request is to change the Comprehensive Plan designation from Urban Growth
Area to Suburban Enclave for approximately 31 acres in the Cherry Point -
Ferndale Subarea. The applicant is not requesting a change to the underlying
Recreational and Open Space zoning.
2. The site is vacant and is currently being used by the Washington State
Department of Transportation for off -site wetland mitigation purposes.
3. Soil on the site is Pits, gravel, which is not identified as a Prime Farmland Soil.
The topography of the site is flat to rolling with slopes of 15% to 35% along
approximately 800 ft. of the northern site boundary.
4. Surrounding uses include urban residential developments, rural residences and
large acre forested lots. The surrounding zoning is UR3, UR4 and RR I.
5. The appropriate locational criteria established by the Whatcom County
Comprehensive Plan for Urban Growth Areas and Suburban Enclaves are not met
by the subject site.
6. The proposal would not have a significant impact on employment or population
growth in the surrounding area.
7. The site is one of three identified Band - tailed Pigeon Concentration Areas
identified in Whatcom County. The mineral waters present on the site provide a
necessary dietary supplement for the pigeons during the breeding season. One
such source of mineral waters is the Ferndale Eternal Flame.
8. The subject site meets the criteria established for Public/Recreation designation
and does not meet the criteria for an Urban Growth Area or Suburban Enclave
designation. The Whatcom County Comprehensive Plan and County -wide
Planning Policies encourage protection and conservation of critical wildlife
habitat areas, including riparian and wetland areas.
PLANNING COMMISSION RECOMMENDATION: Amend the Comprehensive Plan
from Urban Growth Area to Public/Recreation as shown on Exhibit I.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 26 of 32
XIX. File # 42 -98: CZMT — Great Western Lumber
APPLICANT: Whatcom County
DESCRIPTION OF PROPOSAL: Amending the Comprehensive Plan and the zoning to
apply a new Rural Industrial Overlay zone and/or apply new criteria that would allow
rural industrial uses on a 41 acre site located south of the intersection of South Pass Road
and Goodwin Road, in sections 33 and 34, T40N, R4E, W.M. The site's current Light
Impact Industrial zoning designation would be eliminated.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. The Great Western Lumber Co. site was designated "Agricultural" in the original
Whatcom County Comprehensive Plan in 1970, and was re- designated Rural, R5A in
the Lynden - Nooksack Valley Subarea, which was adopted in 1986. The site was
rezoned to Light Impact Industrial (LII), with a concomitant agreement attached, on
December 7, 1993. When the Whatcom County Comprehensive Plan was adopted in
May 1997, the site was re- designated Rural, the zoning remaining LII.
2. The Growth Management Act, at RCW 36.70A.040(3), requires that zoning
regulations must be consistent with and implement the Comprehensive Plan.
3. The Whatcom County Comprehensive Plan, 1997, indicates that the Rural
designation "allows one dwelling unit per two, five or ten acre development..." (p. 2-
80), however, in WCC 20.36 light industrial uses such as wood processing /
manufacturing plants are not permitted uses.
4. Staff review and analysis, together with a review of the existing comprehensive plan
designations, show that a compatible zoning option can be achieved through a rezone
to Rural Forestry for this site.
5. The subject site has public services and is adjacent to an all- weather major arterial
road.
6. Whatcom County Environmental Resources Report "Alluvial Fan Hazard Areas"
(1991) depicts the Swift Creek alluvial fan, upon which Great Western is built, as
having a maintenance plan in effect, although having had severe debris torrents pre -
1980s and sediment charged flooding up to 1990. Monitoring and regulating the
channel, now relegated to the south, and with the maintenance plan in effect, has
caused the risk factor of channel breaching and flooding to be very low with
improbable but possible flooding (communication with Doug Goldthorp, Geologist
with Whatcom County, September 11,1998).
7. Great Western Lumber Company is a resource based industry, has been in existence
for over 40 years, is a major employer for the northern part of rural Whatcom County
and has maintained steady, healthy growth.
8. Great Western Lumber's operation is bordered to the west, north and northeast by
designated Open Space Agricultural tax deferred lands.
9. Text amendments to the Rural Forestry zone will enable Great Western Lumber to
expand in the wood processing industry as the future needs dictate.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 27 of 32
10. Amendment of the Comprehensive Plan from Rural to Rural Forestry and rezoning
from Light Impact Industrial to Rural Forestry, with modified text changes, would
make the zoning consistent with the Comprehensive Plan. These changes would
allow Great Western Lumber Co., to continue their operations in compliance with the
comprehensive plan and zoning map. This would also satisfy the public interest in
maintaining overall consistency and compliance with the Growth Management Act
and Whatcom County's Comprehensive Plan.
PLANNING COMMISSION RECOMMENDATION: (1) Change the Comprehensive
Plan designation from Rural to Rural Forestry and change the zoning from Light Impact
Industrial to Rural Forestry as shown on Exhibit J, (2) Recommend that the County
Council modify the concomitant agreement filed under AF # 940107190 by deleting the
language that "Any violation of these limitations on the use of the Subject Property shall
be sufficient grounds for the County to initiate proceedings to rezone the Subject
Property back to Rural Five Acre (R5A) in accordance with Whatcom County rezone
procedures" as shown on Exhibit K, and (3) Amend the Rural Forestry Zoning text as
follows:
20.42.130 Administrative Approval Uses.
.134 Cottage industries as defined by WCC 20.97.87 and which employ not more than
four people outside the family conducted in structure(s) other than the dwelling unit.
Such activities will comply with all other provisions of 20.36.161(1 -9) except the review
and final decisions will be made administratively.
.135 Forestry related/wood based cottage industries which employ no more than 10 non -
family members including_ primary or low intensity secondary processing of timber not
permitted in WCC 20.42.053, including fabrication of furniture and fixtures, partitions,
shelves and lockers, manufacture, processing, treatment and fabrication of lumber,
millwork, miscellaneous wood products, and other wooden building and roofing
materials, excluding_ pulp, paper or plywood mills, conducted in structure(s) other than
the dwelling provided that:
(1) The administrator, at his discretion, in consideration of the surrounding
development patterns, property uses and size of the lot on which the proposed
cottage industry is locating, may place limitations on the square footage used in
an existing or new structure used for a cottage industry. The construction of new
buildings to house said activity shall not, in any case, exceed 4,000 square feet of
total floor area.
(2) The parcel must access from a collector arterial or higher standard street (this
could include shared access).
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 28 of 32
(3) Minimum parcel size is one -half acre. Minimum lot size is five acres for
buildings which exceed 2,500 square feet of total floor area, and/or are
constructed of materials which are not of similar materials or scale to a single
family residence.
(4) Minimum open space requirement is 40 %. Adequate buffering is required for
both visual screening and noise reduction and must comply with WCC 20.80.345.
The administrator may modify the required buffer widths, either reduction or
enlargement, on a site specific basis. A finding regarding the rational for such
modification will be entered into the record. Site development should maintain
the existing natural vegetation to the greatest extent possible.
(5) All work is conducted within a building, except that uses which are
complementary to the Rural Forestry District and which are determined to be
harmonious with adjacent parcels may be allowed outdoors.
(6) In the event materials will be stored outdoors, the administrator may require
adequate landscaping, screening or other devices in order that the material will
not be visible by surrounding uses or roads.
(7) For parcels visible from a state scenic highway, the administrator shall, at his
discretion, require additional measures or restrictions to protect scenic vistas.
(8) The operation of the business must comply with county /state noise, air quality
and all other applicable regulations.
(9) There is no polluting or hazardous industrial discharge to a public sewer or
septic system.
(10) One non - illuminated freestanding sign, visible from the road, and not
exceeding six feet in height, may be permitted. One additional non - illuminated
sign may be attached to the building for a maximum total signage of 16 square
feet. No portion of any sign shall extend above the lowest portion of the roof.
(11) Not more than 10 non - family members can be employed on site.
(12) An application packet shall be submitted on forms provided by county and
must provide a site plan, drawn to scale, which shows; the location of existing and
proposed structures, includes dimensions of new and proposed structures to
property lines, distance to adjacent structures, uses of adjacent parcels, existing
vegetative cover and proposed modifications to vegetative cover of proposed site
location of permanent buffers and proposed plant materials for the permanent
buffer, including species, sizes and spacing.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 29 of 32
20.42.050 Permitted Uses
.067 Light industrial/manufacturing uses that were legal under concomitant agreement
filed under Auditor File # 940107190, as revised under Auditor File #
, prior to the effective adoption date of the county's comprehensive plan 5/20/97 will be
considered permitted uses. Expansion will be allowed as a permitted use but will be
limited to the land area zoned Light I�pact Industrial on 5/20/97 and must comply
applicable conditions and with the requirements of the Light Impact Industrial zone
where there is conflict with the requirements of the Rural Forestry
20.42.150 Conditional Uses
.159 Primary or low intensity, secondary processing facilities of timber not permitted in
WCCC 20.42.053, including fabrication of furniture and fixtures, partitions, shelves and
lockers, manufacture, processing, treatment and fabrication of lumber, millwork,
miscellaneous wood products, and other wooden building, roofing and construction
materials and building material yards, if screened by a fence and/or vegetation as
specified in WCC 20.80.355; excluding pulp or paper mills. The conditional use
provision is applicable for proposals which include structures that exceed 4,000 square
feet and employ more than 10 non - family members.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 30 of 32
XX. File # 43 -98: CZM — Everett Rock Quarry (a. k. a. Ace Rock Quarry)
APPLICANT: Whatcom County
DESCRIPTION OF PROPOSAL: Reviewing and potentially eliminating the Mineral
Resource Lands Comprehensive Plan and Zoning overlay designations at the rock quarry
located on the eastern shore of Lummi Island, in section 24, T37N, R1E, W.M.
FINDINGS OF FACT AND REASONS FOR ACTION:
1. In May of 1997, the Whatcom County Council adopted the Whatcom County
Comprehensive Plan (Ordinance # 97 -023). This plan designated the Lummi
Island quarry as Mineral Resource Lands (MRL).
2. In February of 1998, the Whatcom County Council adopted permanent MRL
Special District zoning classifications throughout the County (Ordinance 98 -007).
This ordinance designated the Lummi Island quarry as an MRL.
3. In May of 1998, the Whatcom County Council adopted a resolution initiating 20
amendments to the Whatcom County Comprehensive Plan, and associated
changes to the Zoning Ordinance, for review in 1998 (Resolution # 98 -023). One
of these initiated amendments was to delete the MRL designation from the
Lummi Island quarry because of a conflict with criterion # 6 for designating
NIRLs in the Whatcom County Comprehensive Plan.
4. Criterion # 6 states that "MRL Designations must not be within or adjacent to
developed residential zones or subdivisions platted at urban densities" (Whatcom
County Comprehensive Plan, 1997, p. 8 -29).
5. The Whatcom County.Planning Department & Development Services Department
recommended against designating the site as an MRL during the process that led
to adoption of the Comprehensive Plan because of the Department's interpretation
that the subject site did not meet criterion # 6.
6. Area residents objected to designating of the site as an MRL based upon its
closeness to the Lummi Island Scenic Estates Subdivision during the process that
led to adoption of the Comprehensive Plan.
7. The County Council was aware of the issue of whether the subject site met
criterion # 6 and had maps in the record showing the relationship between the
subject site and the Lummi Island Scenic Estates subdivision.
8. The word "adjacent" as used in criterion # 6 is capable of multiple interpretations.
9. It cannot be concluded that the County Council erred because they choose a
different interpretation of criterion # 6 than that forwarded by the Planning and
Development Services Department and neighbors in the process that led to
adoption of the Comprehensive Plan.
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 31 of 32
10. Once a Comprehensive Plan is adopted, the terms of RCW 36.70.410 must be met
in order to re- designate the site. RCW 36.70.410 states that "When changed
conditions or further studies by the planning agency indicate a need, the
commission may amend ... the comprehensive plan ..." Neither changed
conditions nor further studies have been identified which indicate a need for the
proposed Comprehensive Plan amendment.
11. The intended MRL size was 20 acres (see p. 13 of the findings attached to
Ordinance 97 -023). The map erroneously shows a larger area in the MRL.
Therefore, the map should be amended so that the MRL is 20 acres.
PLANNING COMMISSION RECOMMENDATION: Denial of the request to eliminate
the MRL. Approval of a Comprehensive Plan and Zoning map amendment to make the
MRL 20 acres, as shown on Exhibit L.
WHATCOM COUNTY PLANNING COMMISSION
David Simpson, Via%
Date
6
Michael T. Knapd Secretary
o&
�2
Date
Commissioners Present at the October 8. 1998 meeting when the final vote was taken on
the packaL-e of 20 Comprehensive Plan amendments that were initiated for review in
1998: DANNA BEECH, SAM CRAWFORD, CHERYL FERRIER, RICHARD GILDA,
ROBERT NEY, GREG RUSTAND, DAVE SIMPSON, JOHN STEENSMA, and
ROBERT WIESEN.
Vote: Ayes: 9 Nays: 0, Motion carried to adopt the above Findings, Reasons for Action
and Recommendations.
Attachments: Index and Maps
Planning Commission Findings & Recommendations October 12, 1998
1998 Comprehensive Plan Amendments/Master File 18- 98:CMT Page 32 of 32
INDEX
Case
File # 20- 91:CZM — Haskell
File # 13- 94:CZM — Weden
File # 15- 96:CZMT — Lummi Island Scenic Estates
File # 17- 96:CZM — Ochoa
File # 9- 98:CZMT — E. Pole Rd./Powers
File # 11- 98:CZM — The Logs
File # 30 -98:CT — Ag Statistics Text
File # 31- 98:CZM — Manthey et al./West Smith Rd.
File # 32- 98:CMT — Knight/Custer Provisional UGA
File # 33- 98:CZM — Century Holdings/Point Roberts
File # 34 -98:CM — Lynden AG UGA
File # 35- 98:CZM — Brandorff MRL
File # 36- 98:CZM — Gold Star Resorts /Gateway
File # 37 -98:CM — Ferndale South of Grandview
File # 38 -98:CM — Ferndale North of Grandview
File # 39 -98:CM — Ballinger
File # 40 -98:CT — Subarea Plans
File # 41 -98:CM — Ferndale ROS
File # 42- 98:CZMT — Great Western Lumber
File # 43- 98:CZM — Everett Rock Quarry
(a.k.a. Ace Rock Quarry)
planning /rezone/ compp lan.98 /pc- recommendation.doc
Page #
2
3
4
5
6
8
11
12
13
14
15
16
17
21
22
23
24
25
26
30
Exhibit
A
B
C
D
E
F
G
H
I.
J, K
LN
Exhibit: A
E. Pale Fed. I Powers
Fl le: 89 -98: CZMT
0 500 FEET
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Fl le: 89 -98: CZMT
0 500 FEET
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Exhibit C
Chapter One - Introduction 1998 Comprehensive Plan Amendments
County in the 1850s. Small communities grew along Bellingham Bay and the Nooksack
River as more immigrants. arrived in Whatcom County. They began clearing the forests and
draining the wetland areas for farmsteads. Between 1890 and 1925, 130,000 acres of
lowland Nooksack Valley forests were cleared for farms. In addition, logging companies
sold logged -over land to their employees and to immigrants from the East Coast for small
farmsteads. As a result of the sale of small parcels of logged -over lands, the average farm
size in Whatcom County is relatively small - -about 86 acres -- compared to the statewide
average of 468 acres.
Many lumber and shake mills and other industrial plants were built in Bellingham, on Lake
Whatcom, and in other areas of the county, while new commercial and residential buildings
were being developed in all communities. Coal mining was taking place at several locations
in Whatcom County at this time, and major fish processing plants were constructed on
Bellingham Bay. Whatcom County's population in 1910 was 49,511.
Between 1925 and 1950, there was little change in the land use patterns that had been
developed during the previous fifty years. Some-land which had been cleared for agriculture
was abandoned and naturally regenerated into second - growth forests. Most areas that
were harvested for timber had reseeded and were growing mixed forests of conifers and
deciduous trees. Residential and industrial development continued to grow, but at a slower
pace than during the previous fifty years. Commercial centers remained within the core of
the major cities. By 1950, Whatcom County's total population had grown to 66,733, with
the majority of the growth occurring in the cities.
Between 1950 and 1990, the amount of land devoted to commercial activity gradually
increased in response to population growth. Expanded use of the automobile encouraged
commercial activities outside city centers. Coal mining ceased, but sand and gravel mining
grew in importance. Farming became increasingly competitive, and the economic pressure
tended to concentrate agricultural resources on the most productive soils. The trend toward
abandonment or conversion of farmland to other uses continued. - Some lands in the
Nooksack Valley which were formerly cleared for agriculture reverted back to native forest
cover. Residential, commercial, and industrial uses continued to expand into agricultural
areas. These changes picked up speed during the 1960s and 1970s as Whatcom County
experienced a population boom. The total population for Whatcom County in 1990 had
grown to 127,780, an increase of almost 100% in 40 years.
Current Land Use
Whatcom County covers 1,885,277 t 1 S`° .
2.1,acres, or a PP roximatel
93 ' ' " 5� 9 acres or 93-'9ir 2: °,�0, is either
square miles. Of that total area, about T 2:_ „ ,
covered with forest or is managed for forest resources. This total includes virtually all
federal lands and all state and private forest lands in unincorporated Whatcom County. A
significant portion of this total (891,859 874 ;D451 acres) is under federal management by
either the US Department of Agriculture Forest Service or the US Interior Department, North
Cascades National Park. Cities cover 24,637 -281.556 acres.
Land use patterns on non - federal lands in unincorporated Whatcom County (468 ,790
475.;044 acres) can be summarized by looking at the distribution of the various uses.
Whatcom County Comprehensive Plan
1 -10
1998 Comprehensive Plan Amendments Chapter One - Introduction
Table 4 reflects the land use patterns. These data show that agriculture and forestry land
uses predominate today in Whatcom County with 139;6$9 77 and 268,59 :7
acres respectively classified in each category. Forest lands in the lower foothills which
were initially harvested between. 1900 and 1950'now support commercially mature stands
of timber. Some areas of original forest still remain on non - federal lands in Whatcom
County. Large tracts of un- managed forest are found primarily on federal lands in the
Mount Baker- Snoqualmie National Forest in the upper watershed of the Nooksack Basin.
Residential land uses occur on 25,492 4 ;;;070 acres, with an additional 1,862 acres
in mining uses andA acres vacant. Public land uses and utilities occupy
about 7,648 acres. Industrial land uses cover about 5,733 qap acres and
commercial uses occupy 2,355 P- Q o' acres.
Table 4. Land Use Distribution on Non - Federal Lands
in Unincorporated Whatcom County
II Forestry I 7 251;4,�aS I @ 52;9 Ii
-29;8 2G0
r&..4
,%$3:
83 �5
.........................
........................
.................... ...
x00:096
Source: Whatcom County Planning and Development Services, 1994
Resource land uses, which include agriculture, forestry, and minerals, are the largest
category of land use in Whatcom County. Map 2 displays the distribution of agriculture
and forestry land uses based on County Assessor's data within Whatcom County. From
the map it is evident that agricultural land use predominates throughout the western
lowlands of the county and in the South Fork Nooksack Valley. Forest land use is
concentrated on the uplands of the county. (See Chapter 8, "Resource Lands," for more
detailed information on each of these land uses.)
Map 3 displays the distribution of commercial and industrial land uses in Whatcom County.
This map shows that the majority of commercial land uses occur next to major
transportation routes, such as the Guide Meridian, or within the boundaries of cities.. The
majority of industrial parcels are also located in the cities or at the Cherry Point and Marine
Drive industrial areas. There are a total of 12;136 12,232 acres of industrially zoned land
in Whatcom County, including 2,126 3;074 acres within city limits and 6;574 7,045 acres
Whatcom County Comprehensive Plan
1 -11
Chapter One - Introduction 1998 Comprehensive Plan Amendments
in the Cherry Point industrial area. ,.
5,783 of these ac, es are in th ' 5rated ateas of the county-. The locational pattern
shown by Map 3 indicates the importance of transportation connections to these land uses.
(See Chapter 6, "Transportation," and Chapter 7, "Economics.")
Vacant lands are scattered throughout the county. Map 4 depicts the general distribution
of vacant lands, as defined by the latest Whatcom County Assessor's records. Vacant
lands are lands which at the time of the assessor's survey appear to be undeveloped, or if
previously developed, are presently vacant and unused. They are usually lands being held
for future development. Vacant lands are particularly concentrated in and around urban
areas of the county.
Map 5 graphically portrays the distribution of all single - family residential units in both
incorporated and unincorporated Whatcom County, as interpreted from the Whatcom
County Assessor's property information database. From this map, it is apparent that the
majority of single - family residents are concentrated in the cities and the major urban
portions of the county such as Sudden Valley, Paradise Lakes, Glacier, Lake Samish, Lake
Whatcom (north end), Cain Lake, Birch Bay, Sandy Point, and Lummi Island. A fairly even,
but lower, density distribution of single - family residences is scattered throughout the central
rural portion of the county between Bellingham and Lynden, Ferndale and
Everson /Nooksack. Another even but lower density distribution of single - family residences
occurs between Ferndale and Blaine. As may be expected, single - family homes are also
located along the valley floors of the three forks of the Nooksack. The Cherry Point
industrial area, the agriculturally dominated area north of Lynden and the forested foothills
in the eastern part of the county have very low to zero residential density.
A prominent characteristic of Whatcom County housing is the high number of vacation,
resort, and second -home units found throughout the county. In 1990, over half of the
"vacant" units were actually occupied part of the year by people who lived outside the
county.
Multi - family residential land use is displayed on Map 6. The majority of multi - family
residential units are located in the urban areas of the county, primarily in and around
Bellingham, Ferndale, Lynden, and Blaine. Within the unincorporated area of Whatcom
County, multi - family housing units are found near Birch Bay, Sudden Valley, and Glacier.
According to the 1990 Census, there were 27,189 housing-units within the unincorporated
portions of Whatcom County. This figure equates to a residential housing density of 0.094
dwelling units per acre of land, or one residence per 10 acres, on land currently zoned to
permit residences (Rural, Urban, Rural Residential, Agricultural and Rural Forestry). Locally,
housing densities range from less than 0.01 to as high as 3.15 units per acre. Under the
direction of the Growth Management Act, Whatcom County is required to develop
transportation plans for future population growth. Part of the analysis for transportation
planning includes defining the density of population by transportation analysis zones. Map
7 presents the housing density per acre for Whatcom County in 1990, displayed by Census
Block. (See Chapter 3, "Housing," and the Housing Background Document for more
information.)
Whatcom County Comprehensive Plan
1 -12
1998 Comprehensive Plan ..mendments Chapter Tw,, - Land Use • " Overall Land Use
.BACKGROUND SUMMARY
Almost 9@94r7,9fo of the non- federal land in unincorporated Whatcom County is dedicated
to forestry and agricultural uses. The next largest category of land use is residential, with
5.496 of the land area. Much smaller areas of the county are dedicated to industrial,
commercial, and other uses.
The goal of growth management is to provide sufficient land area with adequate facilities
and utilities either presently available or economically feasible to accommodate future
growth. This means having an adequate distribution of land to provide housing, services,
jobs, and resource land for the expected population. Whatcom County is not a land -poor
county. With 995 W, square miles of area outside of National Park and National Forest,
it appears easy to accommodate the expected increase of 16,465 people from 1995 to
2015 in the unincorporated parts of the county. However, this growth must be
accommodated in ways that achieve desired land use. goals.
Ample serviced industrial and commercial land must also be provided. The 1995 Whatcom
County Industrial Land Supply indicates that of the 13,181 acres of zoned industrial land
in unincorporated Whatcom County and the cities, 5,334 acres are vacant and not
constrained by wetlands and 1,247 of those acres have sewer and water service. There
is a range of estimates on how much commercial and industrial land supply is needed. The
1995 Whatcom County Comprehensive Plan Alternatives Economic Impact Study projects
a need for 1,300 to 2,400 additional acres of land for manufacturing employment by the
year 2010. The Bellingham/Whatcom County Economic Development Council, in a study
presently underway,.cites a need for 2,900 to. 4,779 gross acres of additional commercial
and industrial land over the next twenty years to maintain the. economy at present levels
for. industry and at slightly reduced levels for some aspects of commercial trade.
A key need for meeting land demands to generate family wage employment is land that is
"ready to go" for industrial development. Most potential industrial employers seeking ,to
locate in Whatcom County require large tracts of land. where the infrastructure and site
improvements are already in place. This is a major missing element in our industrial land
supply.
It is important to provide an ample supply of land planned and zoned for various types of
uses to avoid driving up prices or precluding development. The multiplicity of values
reflected in the vision statements must all be considered, in addition to the competing goals
and policies in other chapters of the comprehensive plan. Having adequate residential lands
must include adequate provision of services, and it means densities which meet the
mandates of the Growth Management Act to prevent urban sprawl as well as reflecting the
desires of Whatcom County residents. Industrial lands should be provided in areas which
have access to transportation routes and adequate infrastructure and can meet the demands
of market trends. Commercial areas should also be located so as to provide the kinds of
services that meet the needs of local residents with consideration given to market - driven
forces. Sufficient urban land must be provided to accommodate growth. Rural areas with
a range of densities must also be available. All of this needs to be done in light of those
aspects of the county which are most valued: water quality, productive agricultural land,
Whatcom County Comprehensive Plan
2 -5
Chapter Two - Land Use " .,dral Lands 1998 Comprehensive Plan Amendments
Major Industrial Urban Growth Area / Port Industrial
Cherry Point
The proposed Cherry Point Urban Growth Area (UGA) contains approximately 6fr,-5OO )�0
acres of industrial land. The land has long been planned and designated by Whatcom
County for industrial development and is currently the site of three major industrial facilities
including two oil refineries and an aluminum smelter. Together, the existing industrial
developments occupy about 2,500 acres of the total Cherry Point industrial lands. In
addition to existing industry, the planning and permitting for new industrial development on
an additional 1;500 acres of the Cherry Point UGA is nearly complete. These proposed
facilities include a 400 acre industrial park and a 1,100 acre bulk commodities shipping
port. The five industrial areas (three existing and two proposed) together would consume
about 4,000 acres of the heavy industrial land in the Cherry Point UGA or about 62 percent
of the heavy industrial area. Land consumption at Cherry Point has been about 800 acres
per facility on the average which includes sufficient land to avoid wetlands and provide
buffer areas. Based on this consumption figure, there is only sufficient - remaining land in the
Cherry Point industrial area to support an additional three industries of the character of
those presently located there.
Because of the special characteristics of Cherry Point, this area has regional significance for
the siting of large industrial or related facilities. Because of the large acreage demands of
the types of industries likely to locate there, the-remaining undeveloped acreage at Cherry
Point will likely be absorbed during the 20 year planning period.
The County and industrial users have long recognized that the Cherry Point area exhibits a
unique set of characteristics that makes land there not only locally but regionally important
for the siting of major industrial developments especially where deep water access for
shipping is a critical locational factor. These characteristics were articulated in the Overall
Economic Development Plan (OEDP) for Whatcom County adopted by the Whatcom County
Council of Governments in May, 1993 and in the 1997 Property Counselors Report on
supply and demand for industrial land in Whatcom County and at Cherry Point.
The characteristics that make Cherry Point unique as a site for major industrial development
include the following:
Port Access - The marine waters off Cherry Point provide deep water access for shipping.
Deep water access for shipping was a major siting consideration for the three major
industries currently located at Cherry Point and for the two industrial /shipping facilities
currently being proposed.
Rail Access - Cherry Point is served by a branch line of the Burlington Northern mainline
serving western Washington from Blaine to Portland. Rail service is considered to be vital
to statewide as well as local interests for the competitive movement of freight. Rail service
is particularly important in relation to water borne commerce. The Cherry Point area has the
rail access to support marine terminals and industrial users in the area. The ARCO refinery
at Cherry Point uses the railroad to ship calcined coke to U.S. markets and to other port
facilities for transshipment to foreign markets.
Whatcom County Comprehensive Plan
2 -50
Chapter Eight - Resource Lanus • • forest Resource Lands 1998 Comprehensive Plan Amendments
a few areas -of original forest still remain.
The majority of the county's non - federal forest resource lands -(about 268,597
acres) are located in the foothills of western Whatcom County. Most of this land (221
Rf acres) is zoned for forest production uses. The majority of the land currently
zoned for forest production is owned and managed by a few large institutions, including
natural resource based corporations, insurance companies, the State of Washington, and
small private forest management companies. These landowners manage their lands
primarily for the production of timber resources. The State.of Washington manages about
94,000 acres of timber land in Whatcom County for a variety of public trusts, including
state schools and universities, capital buildings, state and local governments. Forest Board
Lands provide revenue from timber sales to the State general fund, Whatcom County
government, and other junior taxing districts in Whatcom County.
A smaller portion of the land zoned for forest production is owned and managed by
individual woodlot owners and farm /foresters, some -of whom reside on their properties.
An additional 108,514 acres of land in lowland Whatcom. County is supporting stands of
commercial timber, but is not necessarily managed for production of forest products. The
majority of these lowland areas are zoned either Rural or Agriculture. Individual woodlot
owners and farm /foresters constitute the majority of landowners of forest lands outside the
forestry zone. The goals of individual forest landowners, whether in the forestry zone or
not, encompass a broader range of objectives than just timber production and may include
management for wildlife, conservation, specialty forest products, firewood, . privacy,
aesthetics, and low density residential or other uses compatible with forestry.
Based on data collected from forest practice applications, the average standing volume of
a second growth stand of timber in Whatcom County today is about 30,000 to 40,000
board feet per acre. Today, most timber is harvested between 40 and 90 years of age.
The harvested areas are replanted with seedlings specifically selected for desired growing
characteristics, collected from seed trees in the samd elevation and climatic zone as the
harvested area.
Traditionally, forest land use has been seen as a lower economic value compared to
agriculture, rural, suburban, urban, commercial, or industrial uses. As a result, some forest
landowners have held forest land in reserve at low cost (current use tax status) while
managing for forest products and waiting for the growth of more intense land uses in the
vicinity of their property. Many landowners in Whatcom County have taken advantage of
the current use taxation programs in order to make forest management on their land more
economical. These programs greatly benefit community interests by helping forest
landowners keep land in open space and forest use.
With a growing population, there is a genuine need to promote conservation of productive
forest land and associated public resources through a balanced combination of regulatory
protection as mandated by the Growth Management Act, and the provision of incentives
for maintaining lands in long -term commercial timber production. It is state and county
policy to provide forest landowners with long -term land use predictability, for both
productive forest lands and adjacent non - forest use lands. Premature conversion of those
productive forest lands to other land uses which are incompatible with the management of
Whatcom County Comprehensive Plan
8 -12
Chapter Eight — Resource Lands ** Mineral Resource Lands 1998 Comprehensive Plan Amendments
Mineral Designations
Whatcom County's interim designation work, accomplished in 1992, was based upon the
following statutory direction:
"On or before September 1, 1991, each county [required to plan under the Act]
shall designate where appropriate:... Mineral resource lands that are not already
characterized by urban growth and that have long -term significance for the
extraction of minerals..." (RCW 36.70A.170).
" "Minerals" include gravel, sand, and valuable metallic substances" [RCW
36.70A.030(11)].
The Growth Management Act also directed counties to:
"adopt development regulations ...to assure the conservation of... [designated]
mineral resource lands..." [RCW 36.70A.060(1)].
Whatcom County responded to the above mandates as follows:
By adopting interim Mineral Resource Lands (MRL) designations covering
1,250 acres of lowland sand and gravel deposits. All of these areas had
existing reclamation permits from the Washington State DNR covering at
least twenty acres.
By restricting density to one unit per twenty acres within MRL designations
and, more recently, by requiring disclosure notices on property and
development within three hundred feet of the MRLs.
The GMA goes on to state that counties:
"shall review these designations ... when adopting their comprehensive plans
...and may alter such designations ... to insure consistency" [36.70A.060(3)].
This is the most pertinent part of the Act in terms of plan direction.
The Washington State Department of Community Development was required to produce
"Procedural Criteria," (Chapter 365 -195 WAC), to further assist interpretation of the act by
counties and cities. This helped to further elucidate the link between mineral designations and
the GMA comprehensive plan. The "Procedural Criteria" provides guidance in Section 400,
Natural Resource Lands, as follows:
8 -26 Whatcom County Comprehensive Plan
Exhibit: D
Knight- Custer Provisional UGA
File: 32 -98: CMT
3 600 FEET
s
Vie',
♦,
♦,
♦r
n
a,
cc
Arnie Rd.
SUBJECT ROPE T Y
Current Co -ip. PI Designation:
Rural
Planning C mm. e
PROVISI L URBAN
endation:
OROWTH AREA
Knight- Custer Provisional UGA
File: 32 -98: CMT
3 600 FEET
s
Vie',
Exhibit: F
Gold Star Resorts / Gateway
File: 36 -38: CZM
0 500 FEET
f r V
/ L.FiIi�`J•
ENRON
ME
r.
1
Gold Star Resorts / Gateway
File: 36 -38: CZM
0 500 FEET
f r V
/ L.FiIi�`J•
Exhibit: G
Ferndale North of Grandview
File: 38 -98: C M
0 500 FEET
N ..
::+'rte' '•+`�: =.
s } ,�
SUBJECT
.i
.a
Ferndale North of Grandview
File: 38 -98: C M
0 500 FEET
N ..
::+'rte' '•+`�: =.
s } ,�
Exhibit: H
SUBJE4
Current
N�
Ballinger
File: 39 -98: GM w E.T?- -...::_`
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EXHIBIT K
GREAT WESTERN LUMBER COMPANY
CONCOMITANT AGREEMENT
Agreement Supporting Zoning Amendment (File #03- 93:CZM) For An Approximately 4(
Acre Parcel From Rural Five Acre To Light Impact Industrial
THIS AGREEMENT is made and entered into by.and between GREAT WESTERN
LUMBER COMPANY, a Washington corporation, (hereinafter called "Great Western ") and
WHATCOM COUNTY, a municipal corporation; (hereinafter called "the County ");
WITNESSETH:
I. WHEREAS, Great Western is the owner of certain real property (herein called the
"Subject Property ") located-in Whatcom County, Washington, which is more particularly
described on Exhibit "A" which is attached hereto and incorporated herein; and
11. WHEREAS, the Planning Commission has recommended in favor of such
reclassification with conditions; and
III. WHEREAS, the County has authority to enact laws and enter into agreements tc
promote the health, safety and welfare of its citizens-and thereby control the use and
development of property within its jurisdiction; and
IV. WHEREAS, Great Western has voluntarily agreed to enter into this Concomitan
Agreement in order to obtain the approval of the County of the reclassification to Light
Impact Industrial of the Subject Property;
NOW, THEREFORE, in consideration of the Council's enactment of an ordinance
reclassifying lands subject to the above - mentioned Application, including the Subject
Property, from Rural Five Acre (135A) to Light Impact Industrial (LII), Great Western does
hereby covenant and - agree, on behalf of itself. and its successors and assigns, as follows
1. Great Western agrees that all light impact industrial uses on the Subject Property will
limited to wood processing uses allowed under WCC 20.66.053 (fabrication of
furniture, etc), .068 (building materials yards), and .071 (manufacture, processing,
treatment and fabrication of lumber, millwork, mobile homes, etc.) as these
provisions exist on the date of this agreement.
2. Great Western agrees to establish traffic access controls, approved by Whatcom
County Transportation Services, to Goodwin Road prior to the issuance of any
building permits that will affect existing traffic patterns as part of any future facilit
expansion at the Great Western Lumber Company.
A:1gwcon8g.wp5 September 15, 1993 Pa,
V01: r: f_i l_. G-6-72.
F11 No: _=4$x=11 0 9- i • �0
This Agreement shall constitute a covenant running with the land and shall be bindin,
upon Great Western, successors and assigns, and shall be recorded at Great Western's
expense in the Whatcom County Auditor's- office within five (5) days of execution.
Any amendments or modifications of this Agreement shall be valid only. if agreed
upon by the County Council following a public hearing and after being reduced to writing
and recorded in the Whatcom County Auditor's office.
Nothing contained in this Agreement shall be construed to restrict the authority of tt
County to exercise its police power or to prevent the County from initiating a zoning
change in accordance with applicable ordinances and regulations.
GREAT WESTERN LUMBER COMPANY, a Washington corporation
Executed by/ �.l�i•zrn�%. �� ' is day of % c��c 199:
( ciple Officer's .Name
STATE OF WASHINGTON)
) SS
COUNTY OF WHATCOM )
On this Stl-L day of G `�`'�`�` 1993, before me personally appeared /eo6Utt..rL
/�F J t
(Principle Officer) to me known to be the L GS of GREAT WESTERN
LUMBER COMPANY, a Washington corporation, that executed the within and foregoing
instrument to be the free and voluntary act and deed of said limited partnership for the
uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
F NOTARY PUBLIC ;n and for the State of
u
;= d
residing at S 7-. CU0 >> /'i tS3o U/l /`'1 JSSo
My commission expires /D '-s CIX
•r.Y�. .
nits tlgwcaaag.wp5 September 15, 1993 Pa.
VMAS J. NA02fGAH
WTARY MCLIc STATE OF 11ISSOLI V
ST LOWS coLgjTY
tly C"ISSION EXP OCT S. f994
EXECUTED BY WHATCOM COUNTY this
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
MARJOR E LAIDLAW, Chairperson
ATTEST:
?4L- day of -� f 1993.
RAMONA REEVES, Clerk of the Council
Approved/las to form:
KAREN FRAKES, Civil Deputy
. yj j.j-u V"
SHIRLEY-VAN ZA TEN, C
ecuting Attorney
I .'L/ry
Executive
,4HA T G� Sri COL44TY
-FELL I IIGHAM i - 1.11A
01/07/94 2:38 PI-1
F,ELXUEST OF: IdHATCOfh1 C
.hir lee Forsiof• AUIiITOR
BY: LK! DEPUTY
S.00 "qrREE
o1: L'r r Page: :364
File I.1o: _=+:010; 10
A: Vwcanag. wp5 September 15, 1993 P89e
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NOTICE OF PUBLIC HEARING
The Whatcom County Planning Commission will conduct a public hearing to consider
a request to amend the official. Whatcom County Zoning Map from RURAL 5 Acres
(R5A) to Light Impact Industrial (LII) for approximately 40 acres located in
Sections 33 and 34, Township 40 North, Range 4 East, approximately '1 mile east
of Nooksack at the intersection of the Goodwin Road and South Pass Road.
The hearing will be held on June 23rd at 7:00 pm in the Whatcom County Council
Chambers , 1000 North-Forest Street, Bellingham, Washington. For more information
call the Whatcom County Planning Department at (206) 676 -6756 or 398 -1666.
Exhibit: L
SUBJECT PROPERTY
Current Designation: MRL
Planning Comm. Recommendation:
REDUCE TO 20 ACRES
to correct map error
RF
Everett Rock Quarry
File: 43 -98: CZM
Current MRL
Boundary
0 500 FEET
1
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