HomeMy WebLinkAboutord1996-048WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 96 -375
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Ori ' ator: Jeff Griffin
JG
10/1/96
10/29/96
Council Introduction
Division Head: Elizabeth S'ostrom
11/12/96
Hearing
Dept Head: Michael T. Knapp5
Prosecutor: Karen Frakes
Purchasing/Budget:
Executive: Pete Kremen
SUBJECT. • FILE REF: 29- 90:CZMT AN AMENDMENT TO THE 1991 TRACY REZONE CONCOMITANT AGREEMENT
t7roFr Or�r� pn.c<.
ATTACHMENTS: Ordinance 91 -062
Tracy Rezone Concomitant Agreement
Letter from Douglas Johnson, John L Scott Real Estate
SUMMARY STATEMENT.•
Please complete sections of box as appropriate & explain the item below.
Related County contract #: n/a
Should Clerk schedule a hearing? NO / / YES /X /Requested date:
Amount budgeted for this item/ project: $ n/a
Is it or will it be within budget? YES / / NO / / (Please explain below ) n/a
Budget line item numbe s : n/a
he owner of the land involved in the 1991 Tracy Contract Rezone is .requesting an amendment to the Concomitant
Agreement. They are requesting the removal of item #6 only, which restricts the use to a motel or hotel. The land is being
considered for other service oriented uses for the area in addition to lodging.
The Concomitant Agreement stipulates that any amendments or modifications are valid only if agreed upon by the County
Council following a public hearing. The amendment does not require any additional SEPA review or Planning Commission
review since this occurred with the original application.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning & Development Services recommends the
Council amend the Agreement as requested.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN.•
1996-375 10/29/96: Introduced
11 /12/96: Adopted 7 - 0. Ord. #96 -048
Related. File Numbers: Ordinance or Resolution Number (this item only):
-U-T�
Whatcom County Council Office
Whatcom County Courthouse
311 Grand Avenue, Suite 105
Bellingham, IN'A 98225
TITLE OF INSTRUMENT: Ordinance amending Concomitant Agreement
DOCUMENT REFERENCE NUMBERS: Ordinance 96-048, Previous recording file
number 961119043
GRANTOR/ GRANTEE INFORMATION: n/a
LEGAL DESCRIPTION OF PROPERTY: n/a
TAX PARCEL / ACCOUNT NUMBER: n/a
WHATC01191 C1 tU.t-,17---'
BELLINGHAM, WA
02/24/97 0902 AN
REQUEST OF: COUNTY CO
Shiriew Forslof, AUBITOR
BY: LR, DEPUTY
$.00 ORD
Vol: 543 Page: 1.4EW23,
File No: 9702111400—D
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FILE REF: 29 -90: CZMT INTRODUCED BY: Consent
PROPOSED BY: PLANNING
DATE. 10114196
ORDINANCE NO. 96 -048
AN ORDINANCE AMENDING THE 1991 TRACY REZONE CONCOMITANT AGREEMENT
WHEREAS, In 1990, Carolee Tracy filed an application requesting an amendment to the
Whatcom County Foothills Comprehensive Plan Map and Text from Rural To Commercial and
the Official Whatcom County Zoning Map from Rural 5 Acre (R5A) and Neighborhood
Commercial (NC) to Tourist Commercial (TC) for Lot 2, Kendall Acres Short Plat and a portion
of an adjacent parcel, approximately 5.86 acres; and
WHEREAS, the Planning Commission held a public hearing on this matter on May 21,
1991, and heard all public testimony on the issues and after due deliberation made a
determination that the application be approved subject to a concomitant agreement as
recommended by staff with additional recommendations by the Planning Commission; and
WHEREAS, the Council reviewed the Planning Commission recommendation at a regular
meeting on August 13, 1991 and approved the request under Ordinance 91 -062 subject to a
concomitant agreement; and
WHEREAS, the owner of the land involved in the 1991 Tracy Contract Rezone is now
requesting an amendment to the concomitant agreement to remove item #6 which restricts the
use of the property to a motel or hotel; and
WHEREAS, the concomitant agreement requires that any amendments or modifications
are valid only if agreed upon by the County Council following a public hearing; and
WHEREAS, the amendment does not require any additional SEPA review or Planning
Commission review since this occurred with the original application; and
WHEREAS, legal notice was published in the Bellingham Herald on (Nov. 2, 1996 ) and
a public hearing was held on (Nov, -1 .12-, 1996::)t, and
WHEREAS, in addition to the findings and conclusions adopted by Council in 1991 in
Ordinance 91 -062, the Council finds that in addition to motel or hotel uses, the subject site is
also well suited to the additional service oriented uses normally allowed in the Tourist
Commercial zone, especially considering the increase in population, both seasonal and
permanent, in the vicinity.
Pile No: '97C-12-240_03
All of the above paragraphs represent Findings of Fact by the Whatcom County Council.
Based upon these Findings of Fact, it is declared that enactment of this ordinance will promote
the public health, safety and general welfare.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
Section 1. The 1991 Tracy Rezone Concomitant Agreement, attached as Exhibit A, is
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hereby amended by striking provision #6, which states that "The 5.11 acre parcel will support
a motel /hotel use only."
Section 2. This action shall not become effective until and unless all parties have
signed the revised concomitant agreement and the agreement has been recorded in the
Whatcom County Auditor's office.
Section 3. Adjudication of invalidity of any 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.
9 PASSED this
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12 day of November
°A R _�,ED AS TO,FQRM:
>r_ _
W6ren Frakes
Civil Deputy Prosecuting Attorney
1996.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ward Ne son, Chairperson
( PPROVED ()VETOED
Pete Kremen, County Executive
Date I ! l
F-i1le No. s _=s e' 0 ;_ ._ 4 0 0
Concomitant Agreement
Tracy Rezone
FILE REF. 29 -90. CZMT; Pape 1
Refe. ice Ordinance No:
1 EXHIBIT A
2 Tracy Rezone
3 Concomitant Agreement
4 Agreement Supporting Zoning Amendment (File #29- 90:CZMT) for approximately 5.86 Acres
5 from Rural -Five Acre and Neighborhood Commercial
6 to Tourist Commercial.
7 THIS IS AN AGREEMENT made and entered into by and between the undersigned owners of a certain parcels
8 of property located in Whatcom County (hereinafter called "Owners ") and Whatcom County, a municipal corporation
9 (hereinafter called "the County ");
10 WITNFSSETH:
11 I. WHEREAS, the undersigned parties designated Owners are the owners of those certain parcels of real
12 property (hereinafter called the "subject properties ") located in Whatcom County, which parcels are shown on a map and
13 more fully described in Attachment "1" attached hereto; and
14 H. WHEREAS, Owners have applied for a zoning reclassification of the subject properties from RURAL -
15 FIVE ACRE and NEIGHBORHOOD COMMERCIAL to TOURIST COMMERCIAL and the Planning Commission has
16 recommended in favor of such reclassification with conditions; and
17 M. WHEREAS, the County has authority to enact laws and enter into agreements to promote the health;
18 safety and welfare of its citizens and thereby control the use and development of property within its jurisdiction; and
3 IV. WHEREAS, Owners have voluntarily agreed to enter into this Concomitant Zoning Agreement in order
10 to obtain the approval of the County for their application for reclassification of the Subject Properties;
21 NOW, THEREFORE, in consideration of the Council's enactment of an ordinance reclassifying the Subject
22 Properties from Rural -Five Acre (RS -A) and Neighborhood Commercial to Tourist Commercial, the Owners do hereby
23 covenant and agree, on behalf of themselves and their successors and assigns, as follows:
24 1. Existing access and parking for. the store (Parcel B) will be eliminated and rechanneled through the proposed
25 development site.
26 2. On the 5.11 acre parcel (Parcel A), Owners will provide a 50' natural buffer on Kendall Road and a 25' natural
27 buffer on Mt. Baker Highway.
28 3. Prior to approval of any development of Parcel A, the Technical Review Committee will meet to review the site
29 plans in respect to access to the parcel and adjoining store and to assure that the project is in keeping with the rural.
30 character of the area.
31 4. Rechannelization of the Kendall Road and Mt. Baker Highway intersections may need to take place in accordance
32 with Washington State Department of Transportation guidelines.
33 S. Owner will assure that the lease of the adjacent Kendall Store is not violated by the terms of this concomitant
34 agreement. _
35 6. The 5.11 acre parcel will support a motel/hotel use only. ` =1 Y gi =' ' - s C-1 "� ` -il,S =.
This agreement shall constitutes a covenant running with the land and shall be binding upon Owners, their heirs,
successors, and assigns, and shall be recorded at Owners's expense in the Whatcom County Auditor's office within five
38 days of execution.
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Concomitant Agreement
Tracy Rezone
FILE REF., 29 -90: CZMT; Page 2
Reference Ordinance No:
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 the County to exercise its police
powers nor to prevent the County from initiating a zoning change in accordance with applicable ordinances and regulations.
Phase I must begin within two years or the County may initiate a downzone.
6 Z Adjudication
7 a t YExecuted ii th v,
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9 10
11 STATE OF WASHINGTON )
12 ) SS.
13 COUNTY OF WHATCOM )
14 On this day personally appeared before me Pe to r j o hn J. Tracy
15 to me known to be the individual (s) described in and who executed the within and foregoing instrument, and acknowledged
16 that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
17 GIVEN under by hand and official seal this 13 t day of August
18
19 NOTARY PUBLIC in an or the
20 State of Washington, residing at Bellingham
21 EXECUTED BY WHATCOM COUNTY this day of , 1991.
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26 ATTEST:
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28 Cleric of the Council
29 APPROVED AS TO FORM:
0
31 Z�e 2 ��q a — (: �- 32 Robert A. Carmichael
33 Civil Deputy Prosecuting Attorney
invalidi of any of the sections, clauses, or provisions of this Concomitanf Agreement shall not
7of a Co ncomitant Agreement as a whole or any part thereof other than the part so declared
this day of / , 1991.
this day of '1991.
E• HATC.._1M COUNTY
£;F ESN -fb •,
•} +,
EST 1.1 ` ►. O I ,s_
=r L1r- °IIT'y'
ORD
1991.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Daniel M. Warner, Chairperson
Shirley Van Zanten, County Executive
Date
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Concomitant Agreement
Tracy Rezone
Amended Tracy Rezone
Concomitant Agreement
FILE REF: 29 -90: CZMT; Page 1
Reference Ordinance NO:
Agreement Supporting Zoning Amendment (File 429- 90:CZMT) for approximately 5.86 Acres
from Rural -Five Acre and Neighborhood Commercial
to Tourist Commercial.
THIS IS AN AGREEMENT made and entered into by and between the undersigned
owners of a certain parcels of property located in Whatcom County (hereinafter called "Owners ")
and Whatcom County, a municipal corporation (hereinafter called "the County ");
WITNESSETH:
I. WHEREAS, the undersigned parties designated Owners are the owners of those
certain parcels of real property (hereinafter called the "subject properties ") located in Whatcom
County, which parcels are shown on a map and more fully described in Attachment "1" attached
hereto; and
II. WHEREAS, Owners have applied for a zoning reclassification of the subject
properties from RURAL -FIVE ACRE and NEIGHBORHOOD COMMERCIAL to TOURIST
COMMERCIAL and 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 to
promote the health, safety and welfare of its citizens and thereby control the use and
development of property within its jurisdiction; and
IV. WHEREAS, Owners have voluntarily agreed to enter into this Concomitant
Zoning Agreement in order to obtain the approval of the County for their application for
reclassification of the Subject Properties;
NOW, THEREFORE, in consideration of the Council's enactment of an ordinance
reclassifying the Subject Properties from Rural-Five Acre (R5 -A) and Neighborhood
Commercial to Tourist Commercial, the Owners do hereby covenant and agree, on behalf of
themselves and their successors and assigns, as follows:
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Concomitant Agreement FILE REF: 29- 90:CZMT; Page 2
Tracy Rezone Reference Ordinance No: 96 -048
1. Existing access and parking for the store (Parcel B) will be eliminated and rechanneled
through the proposed development site.
2. On the 5.11 acre parcel (Parcel A), Owners will provide a 50' natural buffer on Kendall
Road and a 25' natural buffer on Mt. Baker Highway.
3. Prior to approval of any development of Parcel A, the Technical Review Committee will
meet to review the site plans in respect to access to the parcel and adjoining store and to
assure that the project is in keeping with the rural character of the area.
4. Rechannelization of the Kendall Road and Mt. Baker Highway intersections may need to
take place in accordance with Washington State Department of Transportation guidelines.
5. Owner will assure that the lease of the adjacent Kendall Store is not violated by the terms
of this concomitant agreement.
This agreement shall constitutes a covenant running with the land and shall be binding
upon Owners, their heirs, successors, and assigns, and shall be recorded at Owners's expense in
the Whatcom County Auditor's office within five 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 the
County to exercise its police powers nor to prevent the County from initiating a zoning change in
accordance with applicable ordinances and regulations. Phase I must begin within two years or
the County may initiate a downzone.
Adjudication of invalidity of any of the sections, clauses, or provisions of this
Concomitant Agreement shall not affect of impair the validity of the Concomitant Agreement as
a whole or any part thereof other t an the part so declared to be invalid.
Exec
Y.
; ,this day of - ,1997.
Execute d/ b ��� 1 this /� da of ;6 - 1997.
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Concomitant Agreement
Tracy Rezone
STATE OF WASHINGTON )
) SS.
COUNTY OF WHATCOM )
FILE REF: 29- 90:CXMT; Page 3
Reference Ordinance No: 96 -048
On this day personally appeared before
me f6r6e,1614 A/ j- •
to me known to be the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned.
.tom
GIVEN under by hand and official seal this day of 67� A►2,t/ 1997.
°c 41 • �r NOTARY PUBLIC in and for the
t � State of Washington, residing at
T EM
EXECUTED BY WHATCOM COUNTY this 12 day of November ,1997.
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APPROVED AS TO FORM:
aren A. Frakes
Civil Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
NelAdh, C6irperson
Pete Kremen, County
Date -qA9 A 7
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