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Home My WebLink Aboutord1999-009WHATCOM COUNTY COUNCIL AGENDA BILL NO. 99 -088 CLEARANCES hutalj Date Date Received in Councit Offae Agenda Data Assigned to: originaror: Amy C. de Vera 2112199 E 0 E � ry v r� E FEB 17 1999 WHATCOM COUNTY COUNCIL 2/23/99 3/9/99 Introduction P S D / Council Division Head: Sylvia Goodwin 2n2 /qq Dept el MhaT. Knapp 2/1299 Prosecutor Dacia crem /r 2"12'15 Parcha.iagAtudgen - - Execative: Pete Kremen �,� �Gff SUBJECT: File Reference: 74 -98:ZM An Ordinance to amend the Official Whatcom County Zoning Map from Rural 5 Acres (R5A) to Light Impact Industrial (1,I1) for approximately 23.5 acres in the Cherry Point - Femdale Subarea. ATTACHMENTS: Proposed Ordinance Planning Commission Findings and Recommendation Planning Commission Minutes for January 28, 1999 Planning Division Staff Report SEPA review required? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Should Clerk schedule a Hearing? ( ) Yes ( X ) NO Requested Date: JMMARYSTATEMENT: The request is to amend the Official Whatcom County Zoning Map from Rural 5 Acres (R5A) to Light Impact Industrial (LII) for approximately 23.5 acres in the Cherry Point - Femdale Subarea. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS! l Services Assessor Auditor Cooperative Extension Dstrict Court Executive Health g Examiner COUNCIL ACTION TAKEN: 1999- 88 2123199: Introduced 319199: Adopted 7 -0 Ord. #99-009 A.Uther Related File Numbers: # 74 -98:ZM ue ing Michael T. Knapp utor Works ior Court Treasurer nance or Resolution N item): mher SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE:2/23/99 ORDINANCE NO. 99-p09 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL FIVE ACRES (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR APPROXIMATELY 23.5 ACRES IN THE CHERRY POINT - FERNDALE SUBAREA. WHEREAS, an application was submitted to amend the Official Whatcom County Zoning Map from Rural Five Acres (R5A) to Light Impact Industrial (LII) for approximately 23.5 acres in the Cherry Point - Ferndale Subarea; and WHEREAS, by Resolution No. 98 -069, the Council initiated emergency zoning amendments within the Ferndale Urban Growth Area; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, January 14, 1999; and WHEREAS, the Deputy SEPA Official issued a Determination of Non -Significance on December 12, 1998; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment and recommended approval on January 28, 1999; and WHEREAS, the Council held a public meeting on March 9, 1999 and approved the Planning Commission recommendation; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. Public notice was mailed to the subject property owners and property owners within a 300' radius of the subject site on January 15, 1999, published in the Bellingham Herald on January 14, 1999 and posted at the site on January 15, 1999. 2. Current usage of the site includes a single family residence, the L &M Auto and Machine Shop Inc., and appurtenances associated with the primary uses. The remainder of the site Page 1 is vacant and partially wooded. Approximately 21.5 acres are currently in Designated Forest status. 3. Soils on the site generally have moderately rapid permeability and contain Prime for LESA I -III agricultural soils. The topography of the site is rolling to flat. 4. Surrounding uses include vacant wooded areas, the BNRR, scattered single family residences to the west and an Arco — AM/PM to the north. The surrounding zoning is R5A and LII. 5. The site is located within the boundaries of the City of Femdale Urban Growth Area; is directly adjacent to the northern boundary of the Ferndale City Limits; and is directly adjacent to a LII zone along the northern site boundary. 6. The Comprehensive Plan Policies and County -wide Planning Policies support designation of additional industrial land along the I -5 corridor; attracting and expanding existing industries to Whatcom County; and designation of a land supply sufficient to provide a range of locations and to last beyond the 20 year planning period. 7. Amending the zoning of the subject parcels from R5A to LII would make the zoning consistent with the existing UGA designation; the City of Femdale projected general zoning pattern for 2015; and the adjacent LII zoning to the north of the subject site. CONCLUSIONS In view of the fact that the subject properties are in Femdale's Urban Growth Area and are within the Short Term Planning Area as adopted by Whatcom County, the proposed rezone would be consistent. Further support for this proposal is provided by the goals and policies in the Whatcom County Comprehensive Plan that emphasize providing adequate serviced land for industrial development. Femdale's Comprehensive Plan provides a land needs analysis to justify including this area as industrial land. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Map is hereby amended from Rural Five Acres (R5A) to Light Impact Industrial (LII) for approximately 23.5 acres in the Cherry Point - Femdale Subarea, Exhibit "A" (Map) and Exhibit `B" (Assessor's Parcel Numbers and legal descriptions). 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. Page 2 ADOPTED this 9th day of March , 1999. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 0 6. Dan gown- avis, L er Council rlene Dawson, Council Chair APPROVED as to form O/P � C vd Deputy Prosecutor &-0 fAvC (J� Approved O Denied Pete Kremen, Executive Date: 3 Page 3 D EXHIBIT "B" �j /� PACIFIC SURVEYING 8c ENGINEERING, INCORPORATED 1812 GOFIN 0 /671 - 387 -E • 36016 1 -468 WA 88225 � /m/m 7 366E -91 IL: p • FAX 360/671 - t /7w ENGINEERING SURVEYING P PLANNING . CONSULT /Na LEGAL DESCRIPTION FOR REZONE AREA NO. w- 9a: i7 r/ WHATCOM COUNTY ASSESSOR PARCEL NUMBERS: 390208 088338, 390208 124252, 390208 066323 THAT PORTION OF THE SOUTH ONE -HALF OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M., LYING WESTERLY OF SR 5, FERNDALE TO BLAINE, AS PER RECORDS OF WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, AND LYING NORTHEASTERLY OF THE OLD RIGHT OF WAY OF PSH NO. 1, FORMERLY HIGHWAY 99, NOW COMMONLY KNOWN AS PORTAL WAY. EXCEPT COUNTY ROAD KNOWN AS BROWN ROAD, ALSO EXCEPT THAT PORTION TAKEN FOR STATE HIGHWAY PURPOSES AS DESCRIBED IN WHATCOM COUNTY CIVIL CAUSE 37316. TOGETHER WITH: THAT PORTION OF THE NORTH ONE -HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 39 NORTH, RANGE 2 EAST, W.M., BEING BOUND AS FOLLOWS: LYING NORTHEASTERLY OF THE OLD RIGHT OF WAY OF PSH NO.1, FORMERLY HIGHWAY 99, NOW COMMONLY KNOWN AS PORTAL WAY; LYING SOUTHERLY OF BROWN ROAD; LYING WESTERLY OF SR5, FERNDALE TO BLAINE, AS PER RECORDS OF WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. SUBJECT TO EASEMENTS, RESTRICTIONS, COVENANTS OF RECORD, IF ANY. ALL SITUATE IN WHATCOM COUNTY, STATE OF WASHINGTON