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Home My WebLink Aboutord1995-047WHATCOM COUNTY COUNCIL AGENDA BILL NO. 95- 361 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: i ' ator:JeffC,riffm j�; �� IL =Y; 1995 �hl ; -T' �t t �.. OM _ ; U N= r e l.. 9/5/95 Council Introductio Division Head: Dan Taylor Zf 9/19/95 P& D / Council Dept Head: Nate Brown 8 gS 10/3/95 Council Public Hearing Prosecutor: Purchasin ud et Executive: =111S 0 SUBJECT. An Ordinance to amend the Lynden Nooksack Valley Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map from Rural Five Acres (R5A) to Residential Rural (RR2) for approximately 5.06 acres. ATTACHMENTS. Proposed Ordinance Agency Report with attached Staff Report Draft Planning Commission Minutes . SUAIAMRYSTATEMENT.• Please complete sections of box as appropriate & explain the item below. 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 explain below n/a Budget line item number(s): n/a ff originally recommended denial of the proposed Comprehensive Plan amendment based on locational criteria requiring r _.vlic sewer or water and plan policies which discourage expansion of the Rural Residential designation. The Planning Commission, however, found that the rezone would be consistent with the surrounding area and that an error was made in the 1986 Rural designation. The Planning Commission also determined that water is potentially available through future shares on the Pole Road Water Association'or from a private well on site presently used for irrigation. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council accept this recommendation of the Planning Commission and. adopt the proposed ordinance. COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN.• 9/5/95: Council introduction 9/19/95: Held for Public Hearing .10/3/95: Adopted 4 -3, Henderson, Imhof, and Harris opposed Related File Numbers: -H-94: CZM Ordinance or Resolution Number (this item only): 06 Ord. 95 -041 SPONSORED BY: cons —ant PROPOSED BY: Jeff Grif fen INTRODUCTION DATE: 9 15 19 5 ORDINANCE NO. 95 -047 AN ORDINANCE AMENDING THE LYNDEN NOOKSACK VALLEY SUBAREA -- COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL FIVE ACRES (R5A) TO RURAL RESIDENTIAL TWO UNITS PER ACRE FOR APPROXIMATELY 5.06 ACRES. WHEREAS, Jack and Judy Boxx has requested that the Lynden - Nooksack Valley Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map be amended from Rural Five Acres (R5A) to Rural Residential (RR2) for approximately 5.06 acres; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the R dli wham Herald on July 20, 1995; and WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on March 31, 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 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 site is currently being used for agricultural purposes. Surrounding uses include a mix of rural- residential and agricultural. 2. The rezone would be consistent with the surrounding area. 3. The level site is comprised of Lynden sandy loam, 0 -3 %, and is part of a Critical Aquifer Recharge Area. No other Critical Areas are known to occur at the site. 4. The site is served by Fire District No. 3, and is located within the Pole Road Water Association service area. Water is potentially available through future shares from the Pole Road Water Association or from a private well that is on the site and currently used for irrigation. 5. Applicable plan policies discourage expansions of the Rural Residential designation with the intent Page 1 1 of conserving groundwater quality and conserving agricultural soils, and encouraging infill of .2 existing residential areas. .3 4 6. An error was made in designating the property Rural with the adoption of the Lynden - Nooksack 5 Valley Subarea Comprehensive Plan in 1986. 6 7 8 CONCLUSIONS 9 10 The proposal meets the comprehensive plan.amendment criteria for the Lynden Nooksack Valley Subarea 11 Plan and normal rezone criteria. 12 13 14 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 15 16 Section 1. The Lynden Nooksack Valley Subarea Comprehensive Plan Map and the Official Whatcom 17 County Zoning Map are hereby amended from Rural Five Acres (R5A) to Rural Residential (RR2) for 18 approximately 5.06 acres as shown in the attached map (Assessor's Parcel Number 390307 149509). 19 20 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall 21 not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so 22 declared to be invalid. 23 24 25 ADOPTED this 3 day of October , 1995. 16 27 28 29 30 ATTEST 31 32 33 34 35 Dana Brown - Davis, Clerk of the Council 3 �// __ 37 38 39 APPR VED as to form 40 41 V� 42 - -�� 43 Civil Deputy Prosecutor 44 45 46 47 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON (.Approved () Denied Shirley Van Zanten, Execut Date: \ O '00 ' °15 Page 2 1.2I C y + O i xo S3 �� • y�y� i O n -� YtZ► 5.17 -A rIt1SN Rl t �Q. �1.i1 G HARRY E METTLE � � P Y ,: yo v �Jx ISo 33.4 ;," o P R5 . ioo 1 O 111 4. Tl -A �OQ` O11 -)era J. GLir-TMALJ A GCa� A MATTC¢ Cx1�0.fl5-A IL OS`� s� 7 B ti A 01 D KOOY .� C3y - X 011 .� R ylz� x��C X x 18� r °1 y �;� X 10� x 1 z� i� � 107 - t t.o�- i� ode► �.00• `� �� v 1►5 ►t►- 2.61-A p -jQQA2W 2 S F e X093 q Ve 6Y7Xx n.L 0 tLA" f�l v y5 S Si aisy 1 '� 2 A� o^ 3 ,� Y y 4.88-A 1.171-A tt P C C K 5 NOR PLAY `� 1 00 • O _, xli 11` R.-C. HOPFINGER y�Fj V R2A X a CZM:05 -94 Proposed Rezone Y45 9.11-A t-A R5A to RR2 L. LE VOTZSEN xoG . RSA y g 8TAWOft N uirirI'm 00 -A A RLASEMAJAN �. x0&1 _ _