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Home My WebLink Aboutord1999-034WHATCOM COUNTY COUNCIL AGENDA BILL NO. 99 -2,G9 r- CLEARANCES Initial Date Date Received in Council Office . Agenda Date Assigned to: Originator. Sylvia Goodwin 7/1&W9 O � E J U L Z 0 1999 WHATCOM COUN COUNCIL 1tl 7/ 2 7/ 9 9 . Introduced Division Head: Sylvia Goodwin yal 7� %/`(� 8/10/99 Public Hearing Dept Head. Michael T. Kna , A.I. C.P. % ((p Prosecutor Dave Grant PurchasingBudget: Executive: SUBJECT: Amendments to the Official Whatcom County Zoning Map from R10A to R5A for approximately 160 acres in the Birch Bay - Blaine Subarea. ATTACHMENTS: Ordinance 99- with attached Exhibit 1. Staff report with attached Exhibits. SEPA review required? (X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO Requested Date: July 27, 1999 SUMMARYSTATEMENT: ie request is to consider amendment to the Whatcom County zoning map form R10A to R5A for approximately 160 acres in the Birch Bay - Blaine Subarea. The Director of Planning and Development Services recommends approval. Distribution Indicate those who should receive List specific names to the right. Request a copy after Council action. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN. 1999 - 269 7/13/99: Introduced 7/27/99: Substitute ordinance adopted 6 -1, Hoag opposed Ord. #99 -034 -'eluteu uounry uontraet 4: Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Treasurer Other Related File Numbers: 46 -98 Ordinance or Resolution Number (this item): - SPONSORED BY: Planning PROPOSED BY: Consent INTRODUCTION DATE: 7113199 ORDINANCE NO. 99 -034 ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM R10A TO R5A FOR APPROXIMATELY 160 ACRES IN THE BIRCH BAY - BLAINE SUBAREA WHEREAS, Whatcom County Code, Title 20, Chapter 90 provides direction for docketing zoning 'map and text amendments and such docket was initiated and processed for 1998; and WHEREAS, The Deputy SEPA Official for Whatcom County issued a determination of non - significance on November 4, 1998; and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on October 31, 1998, November 26, 1998, January 4, 1999, January 14, 1999, February 11, 1999, February 27, 1999, March 11, 1999, March 25, 1999, April 11, 1999; and WHEREAS, The Planning Commission held public hearings on the proposed amendments on November 12, 1998, December 10, 1998, January 14, 1999, January 28, 1999, February 11, 1999, February 25, 1999, March 11, 1999, March 25, 1999, and April 8, 1999 and considered all testimony; and WHEREAS, The Planning Commission held a work session on April 22, 1999 to consider all the amendments concurrently, as required by 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 20.90.070; and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact, Reasons for Action, and Recommendations for all the amendments, as required by WCC20.10.110; and WHEREAS, The County Council decided to split the batch of proposed zoning map and text amendments into separate ordinances to allow for public hearings and adoption of revisions to some of the proposed amendments in advance of the other proposed amendments; and WHEREAS, The County Council finds that the zoning map amendment conforms with the Growth Management Act and is consistent with and implements the Comprehensive Plan; and WHEREAS, the County Council finds the zoning map amendment in the best interest of the public, safety, and welfare, based on the following findings and conclusions: FINDINGS The Whatcom County Council adopts the Planning Commission's findings related to the zoning map amendment as set forth in their Findings of Fact, Reasons for Action, and Recommendations, which is attached as Exhibit 1. CONCLUSION Amendments to the Official Whatcom County Zoning Ordinance map should be adopted as set forth in the Planning Commission's Findings of Fact, Reasons for Action, and Recommendations, which is attached as Exhibit 1. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance map is hereby amended as shown in the attached Exhibit 1. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the 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 27th day of July, 1999 ATTEST: Dana Brown - Davis, Council Clerk APPROVED as to form: om! A — Civil Deputy Prosecutor i►. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON WrX 4 ") 2X L u�, ` rlene Dawson, Chairperson proved ( ) Denied e Kremen, Executive Date: 's – ` — cI 7 I:\ PLANNING \REZONE\ZONING.98\staffreports \98 combined\adopting ordinance46- 98.doc EXHIBIT 1 Draft Planning Commission Findings & Recommendations I:planning\ rezone\ zoning98\staffi -eports \1998zoning recorded motion.d9c File # 46 -982M - Freeman /Kickerville area, Birch Bay Applicant: Larry C. Freeman 4584 Anderson Road Blaine, WA. 98230 Description of Proposal: The request is to amend the Official Whatcom County Zoning Map from Rural Ten Acres (R10A) to Rural Five Acres for approximately 160 acres in the Birch Bay - Blaine Subarea. Findings of Fact: 1. The. request is to rezone approximately 1.60 acres from R10A to R5A in the Blaine Birch Bay Subarea. 2. The current uses of the subject site are: single family residential with related appurtenances; open space; agriculture, vacant pasture. and woodlands; and a commercial community /restaurant facility. 3. Surrounding uses include mostly residential, marginal pasture land, and woodlands and the surrounding zoning is R10A and UR4 within the Birch Bay - Lynden UGA bounds. 4. The area is presently served by Birch Bay Sewer and Water District water and on -site septic systems. 5. Fire protection is provided by Whatcom County Fire Protection District Number 13. The nearest fire station is approximately three quarters of a mile west of the subject property on Birch Bay - Lynden Road. 6. The subject site is served by Birch Bay - Lynden Road which is constructed to all - weather standards. 7. Soils on the two thirds of the site and the surrounding area are generally very deep, moderately well drained and are Prime 1 or LESA 1 -111 agricultural soils. The topography on most of the site is characterized as flat to gently rolling. 8. NWI wetlands have been identified within the subject area, but site specific wetland mapping may be required prior to development. There is a small, drainage course and associated wetlands which flow into southwest from the surrounding area, including a large wetland area in the extreme north which drains northwest. 9. Whatcom County Comprehensive Plan goals and policies provide general support for Rural Ten Acre or Rural Five Acre zoning on the subject site. 10. The Birch Bay Blaine Subarea Plan Zoning Density Criteria calls for density of one unit per five acres (R5A) where existing density is less than or equal to one dwelling unit per ten acres and average parcel size is greater than or equal to five acres, and for one unit per ten acres (R10A) where existing density is less than or equal to one dwelling unit per twenty acres and average parcel size is greater than or equal to ten acres and where agriculture and silvaculture are, or possibly could be, viable economic enterprises; 11. To the north of Birch Bay- Lynden Road there is a pattern of large and small parcels. 12. The parcel size and land uses in this area are consistent with the subarea plan criteria for R5A zoning (less than or equal to 10 acres). 13. In the portion of the proposed rezone area which ties south of Birch Bay - Lynden Road, the average parcel size in this area is 11.29 acres. Based on average lot size, this area does not meet the subarea plan locational criteria for R5A if considered separately from the area north of Birch Bay - Lynden Road. . Draft Planning Commission Findings & Recommendations I: planning\ rezonelzoning981staffreports11998zoning recorded motion.doc Page Z_ 14. Rezone of the northern portion of the —160 acres without also rezoning the portion lying south of the Birch Bay - Lynden Road would create an irregular boundary. It would be consistent to rezone the proposed --160 acres to R5A with an average parcel density of 5.64 acres, to R5A. 15. Because zone lines should follow property boundaries, the 5 acres in the northeast comer of the proposed rezone that adjoin and are part of the 63.50 acres outside the rezone, are not appropriate for inclusion in the rezone. Planning Commission Recommendation: Planning Commission recommends approval of the following map amendment: Ayes:6 Nays:O Absent:3 .'.V. J...- -Sf . ,. FO." M ♦ s - 9