HomeMy WebLinkAboutord1995-023WHA MOM COUNTY COUNCIL AGENDA BILL
NO. 967170A
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator: Dan Taylor
3/17/95
3/28/95
Council
Division Head: Dan Taylor
J
4/11/95
Council
Dept. Head: Nate Brown
4/25/95
COunicl
Prosecutor:
Purchasing/Budget:
Executive:
SUBJECT: File #05- 93:CZM Ordinance Amending the Official Whatcom County Zoning Map From Rural One
Unit Per Acre (R10A) to Light Impact Industrial (LII) for Approximately 440 Acres
ATTACHMENTS: Proposed Ordinance
See Agenda Bill #95 -170 for:
- Original Staff Report with MDNS and Other Attachments
- February 20, 1995 letter from Maurice Knight
SUMMARY STATEMENT: Please complete sections of box as appropriate & explain the item below.
Related County contract #: n/a
Should Clerk schedule a hearing? NO /X/ YES / / Requested date:
Amount budgeted for this item/project: $ n/a
Is it or will it be within budget? YES / / NO I I Please explain below n/a
Budget line item number(s): n/a
;e Agenda Bill #95 -170
ORIGINATOR'S RECOMMENDED ACTION: For Council Determination
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN.•
3/28/95: Introduced
4/11/95: Tabled until 4/25/95. Public comment held open until 4/18/95.
4/25/95: Amended and adopted 4 -3 with Brenner, Harris, and Henderson opposed.
Related File Numbers: Ordinance or Resolution Number (this item only):
095 -023
N05- 93.ord(tezt)04 /26/95 SPONSORED BY: Planning
PROPOSED BY: Council
INTRODUCTION DATE: 3/28/95
1 ORDINANCE NO. 913-Q23
2 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
3 RURAL ONE UNIT PER TEN ACRES (R10A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR
4 APPROXIMATELY 440 ACRES
5
6 WHEREAS, a group of property owners represented by Philip Serka have requested
7 to amend the Birch Bay - Blaine Subarea Comprehensive Plan and official Whatcom County
8 Zoning Map from a rural comprehensive plan designation and a Rural One Dwelling Unit per
9 Ten Acres zone to a Light Industrial designation and zone for approximately 440 acres
10 bounded, generally, by Birch Bay - Lynden Road on the north, Portal Way and the Burlington
11 Northern Railroad on the east, and Arnie Road on the south. The western boundary
12 follows property lines approximately one -half mile west of Valley View Road; and
13
14 WHEREAS, a Mitigated Determination of Non - significance (MDNS) was issued by
15 the Deputy SEPA Responsible Official on July 13, 1994; and
16
17 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
18 Bellingham Herald on Thursday, July 14, 1994; and
19
20 WHEREAS, Planning Commission held a public hearing on July 27, which was
21 continued to September 21, 1994; and
22
23 WHEREAS, because the audio tapes of the September 21 continuation were stolen,
24 the Planning Commission held an additional public hearing on October 25, 1994; and
25
26 Whereas, after due deliberation at a work session on November 9, 1994, the
27 Planning Commission recommended denial of the request; and
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29 WHEREAS, the Council held a public hearing on April 11, 1995 to further consider
30 the matter and approved the request; and
31
32 WHEREAS, the Council found the amendments in the best interest of the public
33 health, safety, and welfare; and
34
35 WHEREAS, the Council has adopted the following Findings and Conclusions:
36
37 FINDINGS
38
39 1 . The property requested to be rezoned is located in the Birch Bay /Blaine Subarea.
40 The comprehensive plan for this subarea addresses the desirability of future
41 rezoning to LII where rail access is available and other criteria can be met.
42
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2. The property is zoned R -10 which allows for a variety of uses. Present uses
include a rail spur, residential, a dairy, grazing, and other limited agricultural use.
3. Since the original zoning of the property in 1987, there has been a substantial
change of circumstances to justify rezoning the property to LII:
a. The adoption of the Free Trade Agreement between the U.S. and Canada
has increased the demand for a prime transportation location for industry.
b. Amtrak service has been financed and will service the Northwest. Train
traffic on the existing B N line will increase to an additional three round trips
per day by 1998.
C. High Speed Rail - The railroad line in question has been identified as part of
five high speed rail corridors established by the Federal government. As a
result, funds will be allocated to improve train crossings in order to
accommodate high speed rail.
d. There is significant need to provide industrial jobs in Whatcom County.
e. Whatcom County has adopted Resolution 94 -025 (3- 22 -94) which requires
all county agency actions to consider the establishment and maintenance of
a healthy job -based economy. Approval of this rezone will support the goals
in establishing Resolution No. 94 -025.
f. Since 1987, power lines have been upgraded to service industrial
development. The rezone includes properties that front Birch Bay - Lynden
Road. Thus, Cascade Natural Gas lines can be extended from Birch Bay -
Lynden to service Industrial zoned properties.
g. Since 1987, the Peace Arch Factory Outlet has been developed at the
intersection of Exit 270 and 1 -5. This particular development has been fully
developed without public sewer and water and Gateway Industrial zoned
property. Demands for public sewer and water will be even less for
Industrial uses than the demands associated with the demands placed on
commercial development.
4. California Creek crosses the area; wetlands are also present in the area. California
Creek is addressed to a large extent through MDNS mitigating measures. California
Creek fish habitat would most likely be improved.
5. The site has good access to 1 -5 via the Birch Bay / Lynden Road interchange, Portal
Way and Valley View Road. Portal Way is an all weather road. Valley View will
need to be upgraded to all weather standards as a result of mitigating measures
required by the Deputy SEPA Official.
6. The site is adjacent to the Burlington Northern main north -south railroad line. The
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Cherry Point spur rail line crosses the property east -west. The spur has a Y
connection to the main line with fully signalized junctions and road intersections.
7. The site is in close proximity to existing Gateway Industrial zoning and the town of
Custer which was historically a railroad town.
8. The request generally meets all of the criteria required for a comprehensive plan
amendment in the subarea and for a rezone based on changed conditions.
9. There is a shortage of suitable property with good rail access and good interstate
highway access to be used for warehousing, open storage, a transfer point, and rail
car storage and marshalling in Whatcom County and lower British Columbia, or any
other use allowed in the Light Industrial zone.
10. Certain types of development of the area could facilitate the transfer of freight from
truck to rail with a probable reduction of truck trips south along 1 -5.
11. The availability of public services, although not a certainty, appear likely. Unused
or excess capacity could also be available from other sources.
CONCLUSIONS
1 . Because of its location and amenities including substantial existing rail facilities,
rezone area is ideally suited for Light Impact Industrial uses and could make an
important contribution to Whatcom County's economic base by providing
warehouse, processing, and or shipping facilities necessary for a full service
economy, particularly one with a major trade component with British Columbia.
2. Rezoning and subsequent development of the site will eliminate land presently in
rural uses. The site does have some soil and environmental constraints, which can
be mitigated. The proposed use is not inherently compatible with the surrounding
properties. Relatively direct access to 1 -5 for any increased truck traffic and the
low intensity use normally associated with Light Industrial zoning will limit impacts
to surrounding properties. Mitigation provided as a condition of the rezone MDNS
acts to minimize many impacts and additional SEPA requirements resulting from
substantial development applications will go further to protect the best interests of
the public.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The official Whatcom County Zoning Map is hereby amended by re- zoning
approximately 440 acres from Rural One Unit Per Ten Acres (R10A) to Light Impact
Industrial (LII) as described and mapped on Exhibit A.
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
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1 thereof other than the part so declare
2
3 ADOPTED this 25th day of
4
5
6
.7
8 ATTEST:
9
10
11.
13- X 0yDana Brown - Davis, Council Clerk
14 �'
15
16
17 APPR VED as to form & content:
18
19 f
20
21 aren Frakes, Civil Deputy Prosecutor
22
23
24
J to be invalid.
April ; 1995.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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(.Approved ( ) Denied
Y
Shirley Van Za ten, Exec e
Date: 4 -,A& - I S
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