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Home My WebLink Aboutord1995-046WHATCOM COUNTY COUNCIL AGENDA BILL NO. 95 3 6 0 CLEARANCES Initial Date . Date Received in Council Office: Agenda date Assigned to: C qt L sJ) rCJ49 Orr ' ator: �9S \ +, �l �\ ' ri 9/5/95 Council Introductio 9/19/95 P D Council .jivision Head: Dan Ta Ior `�`� �� ((��,, Dept Head: Nate Brown lu AA ,,� �J _ i'jJ I P lcN, "! �,,;��1 a�1 Prosecutor: Purchasing/Budget: ,• l .r -ti Executive: O' SUBJECT. • An Ordinance to amend the Lynden Nooksack Valley Subarea Comprehensive Plan Map from Rural to General Commercial and the Official Whatcom County Zoning Map from Rural One Unit Per Two Acres (R2A) to General, Commercial (GC) for approximately four acres. ATTACHMENTS: Proposed Ordinance. Agency Report with attached Staff Report Draft Planning Commission Minutes WAIAMRYSTATEMENT.• Please complete sections of box as appropriate & explain the item belt Related County contract #: n/a Should Clerk schedule a hearing? NO / / YES / / Requested date: Amount budgeted for this item/ project: $ n/a Is it or will it be within budget? YES / / NO / / (Please Lxelain below ) n/a dget line item number(s): n/a V. The original request was to rezone about two acres. After researching(the site, staff recommended an extension to the west of about two acres, subject to the property owners agreeing. One property owner (Mr. Burke) did not want to be included. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council accept this recommendation of the Planning Commission. COMMITTEE ACTION TAKEN.- COUNCIL ACTION TAKEN: 9/5/95: Council Introduction 9/19/95: Adopted 6 -0 Related File Numbers: 03 -94: CZM Ordinance or Resolution Number (this item only): Ord. 95 -046 SPONSORED BY: Consent PROPOSED BY :Planning Division INTRODUCTION DATE: 91519 5 " ORDINANCE NO. 95 -046 AN ORDINANCE AMENDING THE LYNDEN NOOKSACK VALLEY SUBAREA COMPREHENSIVE PLAN MAP FROM RURAL TO GENERAL COMMERCIAL AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL ONE UNIT PER TWO ACRES (R2A) TO GENERAL COMMERCIAL (GC) FOR APPROXIMATELY FOUR ACRES WHEREAS, Jeremy Bert has requested that the Lynden Nooksack Valley Subarea Comprehensive Plan Map be amended from Rural to General Commercial and the Official Whatcom County Zoning Map be amended from Rural One Unit per Two Acres (R2A) to General Commercial (GC) for approximately two acres; and WHEREAS, pursuant to. RCW 36.70.590 legal notice was published in the Rellingham Herald on July 20, 1995; and WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on March 2, 1994; and WHEREAS, -the Planning Commission held a public hearing on the proposed amendments on August 3, 1995 and considered all testimony; and WHEREAS, the Council held a public meeting on September 19, 1995 to consider this matter and approved the Planning Commission recommendation; and s 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 area requested to be rezoned is approximately two acres which is surrounded by the Nooksack Casino on the west and Mt. Baker Highway and Deming Road. An additional approximately two acres fronts Deming Road immediately to the west of the request. 2. Present uses on the requested site include a small truck fueling station, a small electrical substation, and a single - family house. The proposed area includes a portion of a casino, a former hotel, a restaurant and lounge, a branch U.S. Post Office, and an empty storage building. The proposed additional area would further square off the boundary of the General Commercial. zone. Page 1 3. Water is provided by the Deming Water Association which has limited water rights and is not in compliance with State Department of Health requirements. 4. Soils on the site belong to the Mt. Vernon sandy loam unit that have limitations related to flood hazards or seasonal high water table. 5. Sewage disposal in the area is by individual septic system. 6. The area has direct access from Mt. Baker Highway and Deming Road. 7. The request including the additional area is consistent with Whatcom County Goal Statements; generally consistent with the subarea locational criteria; and is consistent with the subarea amendment and rezone criteria. 8. A major changed condition is the construction of the Nooksack Casino . built in 1993. The casino is open .until 4 a.m. and as it was built without benefit of zoning, there are no buffers or setbacks from the existing residential area. 9. The area presently zoned General Commercial is essentially developed. However, a number of uses are residential or marginal commercial uses which might be redeveloped under the appropriate market conditions. CONCLUSIONS The area requested to be rezoned does not fit the existing Rural designation and zoning and more appropriately conforms to the adjacent General Commercial Plan Designation and Zone. The combination of soil limitations for septic systems and no public sewer, the lack of adequate water and the existing pattern of development and own6rship may preclude full urban development of the area in the near future, but does not out -weigh the other considerations for approving the rezone. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Lynden Nooksack Valley Subarea Comprehensive Plan Map is hereby amended from Rural to General Commercial and the Official Whatcom County Zoning Map is hereby amended from Rural One Unit per Two Acres (R2A) to General Commercial (GC) for approximately four 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 c7 28 29 30 31 32 33 34 35 36 ADOPTED this 1.9 day of September , 1995. ATTEST: �r .... ! r . wltdI A VED as to form ,C r ivil Deputy Prosecutor cb\ c:\ wpwin60\ wpdocs \arsrord\ordnance \03- 94.ord WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Robert of, Council Chair (o ( ) Denied Shirley Van Za en, Exec t' e Date: -'Q0- q Page 3 U D N o -A s 0 G a N Exhibit A 1 I - CZM -03 -94 'Proposed Rezone R2A to GC Wr, fl1 MAIN jTWEET ro da=1 W o D N � OONSACK INMAN n e[a[wrArioN 0.17 -! D w m to OWN _1.. L4 N D N CD z r � z cn 1 � D ' _ 1 Z 1 g D I z co m O co I , / l I N -A s 0 G a N Exhibit A 1 I - CZM -03 -94 'Proposed Rezone R2A to GC Wr, fl1 MAIN jTWEET ro da=1 � o D OONSACK INMAN e[a[wrArioN 0.17 -! OWN 25_0.4 � o D OONSACK INMAN e[a[wrArioN 0.17 -! }S� m //Z I File Reference: 03- 94:CZM EX1MTT "B" ORIGINAL REQUEST: Assessor's Parcel Numbers: Property owner 390531- 221189 Jeremy Bert 390531- 230177 Puget Sound Power and Light 390531- 243169 Price Brothers ADDITIONAL AREA RECOMMENDED BY STAFF AND PLANNING COMMISSION: Assessor's Parcel Numbers: Property owner 390531- 181199 Rolf Beckusen 390531- 191196 Nooksack Indian Tribe And those portions of 390531- 193206 U.S.A. in trust for Nooksack Indian Tribe 390531 - 205198 U.S.A. in trust for Nooksack Indian Tribe Lying south of the present General Commercial zoning. And including the Easterly 8.5 feet of Lot 2 and Lots 3 through 8 of Block 3, Plat of Town of Deming, Section 31, Township 39 North, Range 5 East, Parcel Numbers: 390531- 157208 D. and J. Haddad 390531- 157203 Cagey and Lankhaar 390531 - 169201 Casey and Lankhaar 390531- 169205 Arki