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Home My WebLink Aboutord1996-047WHATCOM COUNTY COUNCIL AGENDA BILL NO. 96 -358 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: i ' tor: Carl Batchelor V S to Z `I6 '. �k�l, E II V E D OCT lAII1A'rO('1A.� COUAI ° V 19 i y V �(,"t 1 V IN C111 10/15/96 Council Introduction Division Head: Elizabeth S'ostrom 0 �// 10/29/96 /96 P & D / Council Dept t Head: Michael Knapp �1 Prosecutor: Purchasing/Budget: r Executive: BY 0 -]_ 6 SUBJECT.- An Ordinance to amend the Chuckanut -Lake Samish Subarea Comprehensive Plan Map from Residential Rural to Urban Residential and the Official Whatcom County Zoning Map from Rural Residential Two Units Per Two Acres (RR2) to Urban Residential, four dwellings per acre (UR4) for approximately sixteen acres. ATTACHMENTS: Proposed Ordinance Agency Report with attached Staff Report Draft Planning Commission Minutes SU111MARYSTATEMENT.• Please complete sections of box as Related County contract #: n/a Amount budgeted for this item/project: $ n/a fidget line item number(s): n/a & explain: the item below. Should Clerk schedule a hearing? NO /X / YES / / Requested date: Is it (or will it be) within budget? YES / / NO n/a The request is to to amend the Chuckanut -Lake Samish Subarea Comprehensive Plan Map from Residential Rural to Urban Residential and the Official Whatcom County Zoning Map from Rural Residential Two Units Per Acre (RR2) to Urban Residential, four dwellings per acre (UR4) for approximately sixteen acres. At a public hearing on September 26, 1996 the Planning Commisison voted 5 to 3 in favor of the request. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council accept this recommendation of the Planning Commission and approve the requested comprehensive plan amendment and rezone. COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN: 1996.-358 10/15196: Introduction 10129/96: Adopted 7 - 0. Ord. #96 -047 dinance or Resolution Number (this item only): c) f-J. f- 9�,`�YT-7 SPONSORED BY: Consent PROPOSED BY:e el. Svcs INTRODUCTION DATE: 10 / 15 / 9 6 ORDINANCE NO. 96 -047 AN ORDINANCE AMENDING THE CHUCKANUT LAKE SAMISH SUBAREA COMPREHENSIVE PLAN MAP FROM RESIDENTIAL RURAL TO GENERAL COMMERCIAL AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL RESIDENTIAL TWO UNITS PER ACRE (RR2) TO URBAN RESIDENTIAL FOUR DWELLINGS PER ACRE (UR4) FOR APPROXIMATELY SIXTEEN ACRES WHEREAS, Glenda E. Henifin has requested that the Chuckanut -Lake Samish Subarea Comprehensive Plan Map be amended from Residential Rural to Urban Residential and the Official Whatcom County Zoning Map be amended from Rural Two Units per Acre (RR2) to Urban Residential, four dwellings per acre (UR4) for approximately sixteen acres; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, September 12, 1996; and WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on July 7,1995; and ,WHEREAS, the Planning Commission held a public hearing on the proposed amendments on September 26, 1996 and considered all testimony; and WHEREAS, the Council held a public meeting on October 29, 1996 to consider this matter and approved the Planning Commission recommendation; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. The subject property is adjacent to UR3 zoning and is in the adopted Interim Urban Growth Area for the City of Bellingham. 2. The proposed UR4 zoning is an appropriate zoning designation for an Urban Growth Area, whereas the present RR2 zoning is not. The property is presently undeveloped forest land bordering on an approved mobile home park, vacant land, low density residential development and a volunteer fire station. Page 1 4. Public sewer and water service are very near acid are potentially available to the site from the City of Bellingham. 5. Fire protection is provided by Fire Protection District No. 10. 6. Access to the property is from the west side of Yew Street Road, a County collector arterial. 7. The proposal is consistent.with the goals, rationale, and locational criteria for the Urban Reserve designation of the Chuckanut -Lake Samish Subarea Comprehensive Plan and the UR4 zone. 8. There is no conflict with existing and planned surrounding land uses. 9. No unmitigated adverse impacts on transportation systems are identified. 10. No uncompensated burdens upon existing or planned service capabilities are identified. 11. There is a need to provide appropriate plan and zoning designations consistent with the Growth Management Act, County adopted IUGA's and the Bellingham Comprehensive Plan. 12. The present classification is in error because it is a rural designation with suburban type densities utilizing a partial range of urban services in an area that is planned for urban growth. 13. Changed conditions include approval of expansion of the adjacent mobile home park in 1988, approval of a water and sewer service zone extension to the mobile home park from the City of Bellingham in 1992, adoption of the Growth Management Act with it's requirements for adopting Interim Urban Growth Areas and the subsequent adoption of Bellingham's IUGA to include the subject property. CONCLUSIONS The proposed comprehensive plan amendment and rezone are consistent with the subarea plan, the Growth Management Act, and the adopted Interim Urban Growth Areas whereas the present plan designation and zoning are not. The proposal is also consistent with applicable amendment criteria. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Chuckanut -Lake Samish Subarea Comprehensive Plan Map is hereby amended from Residential Rural to Urban Residential and the Official Whatcom County Zoning Map is hereby amended from Rural Residential Two Units per Acre (RR2) to Urban Residential Four Dwellings per Acre (UR4) for approximately sixteen acres per 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ?5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ADOPTED this 29 day of October -'1996. ATTEST: NO V APPROV D as,to form r � Civil Deputy Prosecutor I c b\ c:\ wpwin60\ wpdocs\arsrord \ordrenc \01- 95.o rd WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ap roved ( ) Denied Pete Kremen, Executive Date Page 3 Ae. Reference; No. 01 -95 Exhibit 6A ®Rm 4% UE J - ADD w _ T t _ Cu HENiF /N Rr oNE I I tOrys{ � :�• c I s, t f IjIj - _ _- vs • Y -; 3 w .l I ' � • �� 1 . I �v+sK }vim..; }...� S. +v� y..a.{ 1.w.� Mti • - . � .fully 1 } {�. <' w.i♦ :fir- _•_.� - - -•- }+{ «'l ..w-i ........ ;.•�+e --!� — 11 J� IYJ��q��rT.�_p LAXE PADDI / Y:I Eiji , _'"""�'. "�d� `��' ••.. i i --I • It U, �� ID �. >.__..,.,... r� >•— _"• -•• ! CITY OF B 4 ILLINGHAM �I ham i EXHIBIT "B" File Reference: 01- 95:CZM Parcel Numbers and Legal Description Assessor's Parcel No. 370304 025017 Being a portion of Dickinson's Addition described as follows: - Blocks 26 and 27 except for that portion lying easterly of Yew Street right of way, and except -the north 30 feet of Block 26 for county road (desc. AF. 1110876) and together with that portion of vacated Spring Valley Avenue abutting Block 27 lying southerly of Yew Street as vacated AF. 940316175. t E Assessor's Parcel No. 370309 032504 Being a portion of Richard Fenton's Subdivision described as follows: -Block 6 and -7,.- together with the vacated west half of Spring Valley Avenue abutting (AF. 940316175), comprising .of an area of 16.03 acres in total.