HomeMy WebLinkAboutord1994-041.WIL4TCOM COUNTY COUNCIL AGENDA BILL
NO. 94- 376
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator: Dan Taylor
06/27/94
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JUL 5 194
Wu HATCOM COUNTY
COUNCIL
7/12
Council - intro
Division Head: Dan Taylor
b /24 Y4
7/26
P & D /Council
Dept. Head: Nate Brown
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Prosecutor: Dan Gibson
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Purchasinoudget:
Executive: Shirley Van Zanten
SUBJECT. File Ref: #18- 94IZO: An Ordinance Extending the Interim Zoning Ordinance, Whatcom County Code,
Chapter 2.24A
ATTACHMENTS. Proposed Ordinance
Agency Report with Attached Staff Report
Draft Planning Commission Minutes
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 / / (Please explain below) n/a
Budget line item number(s): n/a
Whatcom County's Interim Zoning Ordinance, Chapter 2.24A, was adopted in July 1972. Since that time,
permanent zoning has been established in ten geographic subareas, plus Eliza Island, leaving only the fee lands
within the Lummi Indian Reservation, private property exclaves within the National Forest, and Seattle City Light
property within the North Cascades National Park under the present jurisdiction of the Interim Zoning Ordinance.
The Planning Commission has recommended a two -year extension to the Interim Zoning Ordinance in order to
ensure ample time to deal with the exclaves in the National Forest and resolve planning issues between the Lummi
Indian Nation and Whatcom County.
ORIGINATOR'S RECOMMENDED ACTION. The Director of Planning and Development Services recommends
Council accept the Planning Commission recommendation and adopt the attached ordinance.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN.
7/26/94: Council adopted the ordinance.
Related File Numbers: Ordinance or Resolution Number (this item only):
401�
Interim Zoning Ordinance 18- 94:IZO(1) 6/27/94 SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 7/12/94
1 ORDINANCE NO. 94 -041
2 AN ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE, CHAPTER
3 2.24A, IN WHATCOM COUNTY.
4 WHEREAS, pursuant to RCW 36.70.790, Whatcom County adopted an Interim
5 Zoning Ordinance on July 6, 1972; and
6 WHEREAS, the County has established permanent zoning in ten subareas and on
7 Eliza Island since 1972, which leaves only three areas of the county still under interim
8 zoning; and; and
9 WHEREAS, one of these areas, the Seattle City Light property, is being considered
10 for permanent zoning under a companion ordinance; and
11 WHEREAS, the Interim Zoning Ordinance is scheduled to expire on July 15, 1994,
12 prior to the implementation of permanent zoning in certain areas of the County leaving those
13 areas without any zoning; and
14 WHEREAS, an emergency ordinance was passed on July 12, continuing the existing
15 interim zoning for sixty (60) days; and
16 WHEREAS, Determination of Non - Significance was issued by the Deputy SEPA
17 Official on June 17, 1994;
18 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
19 Bellingham Herald on Thursday, June 9, 1994; and
20 WHEREAS, the Planning Commission held a public hearing on June 22, 1994, and
21 considered all testimony; and
22 WHEREAS, the Council at a public meeting on July 26, 1994, reviewed the Planning
23 Commission recommendation and found the proposed extension in the best interest of the
24 public health, safety, and welfare; and
25 WHEREAS, the Council has adopted the following Findings and Conclusions:
Page 1
1 Findings
2 1. Pursuant to RCW 36.70.790, Whatcom County adopted an Interim Zoning
3 Ordinance in July 1972.
4 2. The County has established permanent zoning, which replaces the Interim
5 Zoning in ten geographic subareas, plus Eliza Island.
6 3. Areas under the present jurisdiction of the Interim Zoning Ordinance include fee
7 lands within the Lummi Indian Reservation, private property exclaves within the
8 National Forest, and Seattle City Light property within the National Park.
9 4. Upon completion of the GMA plan, the county will be in a better position to
10 address the exclaves in the National Forest which will be examined as part of
11 the planning effort for mineral resources.
12 5. Planning on the Lummi Indian Reservation remains to be resolved.
13 6. The Interim Zoning Ordinance, Chapter 2.24A of the Whatcom County Code, is
14 scheduled to expire on July 15, 1994.
15 7. Unless the Interim Zoning Ordinance is extended, no zoning will exist on the
16 Lummi Indian Reservation fee lands or the exclaves of private property within
17 the National Forest.
18 Conclusion
19 It is in the County's best interest to extend the Interim Zoning Ordinance. An
20 additional two years is ample time to deal with the exclaves in the National Forest and
21 should be enough time to deal with the issues of planning on the reservation if the
22 County and the Lummi Indian Nation commit to it.
23 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
24 Section 1. The Interim Zoning Ordinance, Chapter 2.24A of the Whatcom County
25 Code, is hereby extended until July 15, 1996, or until permanent zoning is established
26 for all areas within the jurisdiction of Whatcom County, whichever comes first.
27 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of
28 this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any
29 part thereof other than the part so declared to be invalid.
Page 2
1
1 ADOPTED this 26th day of July 1994.
2
3 ATTEST:
4 7e��
5 Ra ona Reeves, Council Clerk
6 APPROVED AS TO FORM:
7��7�c e�
8 Daniel L. Gibson
9 Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
(►Approved ( ) Denied
Shirley Van Za ten, Exed4ive
Date: % — — q
Page 3
AGENCY REPORT June 27, 1994
[01\6] File Ref118- 941MAR Page 1
WHATCOM COUNTY PLANNING DEPARTMENT
AGENCY REPORT
IN THE MATTER OF EXTENDING THE INTERIM ZONING )
ORDINANCE, CHAPTER 2.24A UNTIL JULY 15, 1996, OR UNTIL ) FINDINGS, REASONS
PERMANENT ZONING IS ESTABLISHED FOR ALL AREAS WITHIN ) AND MOTIONS
WHATCOM COUNTY JURISDICTION AND ADOPTING )
COMPREHENSIVE PLANNING DESIGNATIONS AND PERMANENT
ZONING CLASSIFICATIONS FOR SEATTLE CITY LIGHT
PROPERTY
WHEREAS, pursuant to RCW 36.70.790, Whatcom County adopted an Interim Zoning Ordinance
on July 6, 1972;
WHEREAS, the County has established permanent zoning in ten subareas and on Eliza Island
since 1972, which leaves only three areas of the county still under interim zoning; and
WHEREAS, the Interim Zoning Ordinance is scheduled to expire on July 15, 1994, prior to the
implementation of permanent zoning in certain areas of the County leaving those areas without zoning
of any kind; and
WHEREAS, Planning staff made a two -part recommendation: 1) to extend the Interim Zoning
Ordinance until July 15, 1996, or until permanent zoning is established for the Lummi Indian Reservation
and the private in- holdings in the National Forest; and 2) to establish comprehensive planning
designations and Title 20 zoning classifications on those properties owned by Seattle City Light within
the North Cascades National Park; and
WHEREAS, Determination of Non - Significance was issued by the Deputy SEPA Official on June
17, 1994;
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on
Thursday, June 9, 1994; and
WHEREAS, the Planning Commission held a public hearing on June 22, 1994, and considered
all testimony;
NOW THEREFORE BE IT RESOLVED:
FINDINGS OF FACT AND REASONS FOR ACTION
1. A quorum of Commission members was present during the hearing.
2. The statutory requirement was met regarding legal notice.
3. The Planning Commission concurred with the FINDINGS, CONCLUSIONS, and
RECONINIENDATION presented in the Staff Report, dated June 22, 1994.
4. At the special meeting on June 22, 1994, the Planning Commission voted unanimously
to approve the request.
AGENCY REPORT
[c:f1 \6] File Ref 18- 941ZO.AR
WHATCOM COUNTY PLANNING COMMISSION
avid.& Simpson, Chai
G-9
Date: ^2 — 5 - � `f
June 27, 1994
Page 2
Daniel W. lylor, Secretary
Commissioners present at June 22, 1994 hearing:
Dave Simpson, Phil Urso, Dave Ernst, Elaine McRory, Clare Fogelsong, Emil Baijot
Vote: Unanimous Ayes
Prepared by. Dan Taylor
STAFF REPORT June 22, 1994
cam [c: \f1\6 \] FILE REF: 18- 94:IZO.SR Page 1
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT: Whatcom County
REQUEST
The request is two -fold. The first part is to extend the Interim Zoning Ordinance, WCC
Chapter 2.24A, until July 15, 1996, or until permanent zoning is established for the
Lummi Indian Reservation and the private in- holdings in the National Forest. The second
portion of the request is to establish comprehensive planning designations and Title 20
zoning classifications on" those properties ' owned by Seattle City Light within North
Cascades National Park. The plan designations and zoning categories include Rural
Forestry, Urban (Reserve) Residential, Light Impact Industrial, and General Commercial.
STATUTORY REQUIREMENTS
Pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on
"fhursday, June 9, 1994, and a public hearing will be held on June 22, 1994. A
Determination of Non - Significance was issued on June 17, 1994.
REGULATORY EFFECTS OF THE REQUEST
The first component of the request, as noted above, is to extend the Interim Zoning
Ordinance, WCC Chapter 2.24A, for the Lummi Indian Reservation and the private in-
holdings in the National Forest. Without the extension, the Interim Zoning Ordinance
would expire on July 15, 1994, and leave certain areas of the county with no zoning.
Extending the interim zoning maintains an existing regulatory framework in those areas
until comprehensive planning and regular zoning, as established in Title 20, can be
applied.
The second component of the proposal addresses the properties owned by Seattle City
Light and are presently zoned General Protection (GP) under interim zoning.. The GP
zoning district functions to provide a measure of broad protective control deemed
appropriate and necessary to protect public and private interests, in accordance with the
mandate of Chapter 35.70.780 RCW. Its purpose is to establish a multiple -use district
in which expansion of. business, industry, and concentrated residential development is
restricted to a minimum extent. The zone was developed as an interim solution (see
chapter 2.24A of the Whatcom County Zoning Ordinance, Section 2.24.510) until the
identified land receives a single classification under the permanent zoning ordinance. The
permitted uses in this district range from Agriculture and the necessary accessory uses;
Forestry; One Single- family Dwelling per each lot of record; the usual accessory uses to
Industrial; and other uses that require prior administrative approval such as surface mining
of soil, gravel and peat extraction. The Newhalem and Diablo exclaves are presently
covered entirely by this classification.
STAFF REPORT
cam [c:\fi \6 \] FILE REF: 18- 94:IZO.SR
June 22, 1994
Page 2
The proposal is to establish Comprehensive Plan Designations for these properties and
convert specific sections of the Seattle City Light property from the interim GP zoning to
Rural Forestry, Urban (Reserve) Residential, Light Impact Industrial, and General
Commercial zoning. The effect of this change is essentially non - existent as it effects
current uses in the area. Staff has worked closely with Seattle City Light in an attempt
to provide the best fit for both existing and future development plans in the subject area.
Functionally, the creation of Comprehensive Plan Designations and zoning districts would
limit the range of uses in the two districts to those allowed in Title 20, the Official
Whatcom County Zoning Ordinance.
BACKGROUND
Pursuant to RCW 36.70.790, the Interim Zoning Ordinance was adopted July 6, 1972,
followed by many subsequent revisions and extensions. The last extension was in July
1992, two years ago. Since that time, the County has established permanent zoning on
Eliza Island. Between 1988 (the last prior extension) and 1992, the County completed
subarea plans and added permanent zoning in three subareas: the Foothills, Point Roberts,
and the South Fork Valley. Overall, since 1972, the County has established permanent
zoning in ten subareas, plus Eliza Island. The first one was adopted in April 1979.
Three geographic areas remain without a comprehensive plan and permanent zoning.
These are the fee lands on the Lummi Reservation, the exclaves (or in- holdings) within the
National Forest, and the Seattle City Light property along Highway 20 within the National
Park (Newhalem, Diablo, and related parcels).
Whatcom County Planning staff has been working with Seattle City Light personnel to
develop planning and zoning which best reflects the existing land uses and allows
proposed uses that may be needed in the future. A portion of this report will address this.
As work on the Growth Management Plan is completed in the next few months and the
adoption process begins, the County will be in a position to deal with the exclaves. The
most likely outcome will be Forestry planning designations with either Rural or Commercial
Forestry zoning, depending on the circumstances, and' possible mineral resource overlay
zones.
Whatcom County and the Lummi Indian Nation both claim sole jurisdiction over the fee
lands on the Lummi Reservation. The law is not clear on this point and both governments
agreed to disagree and work together on a joint plan for the reservation. A memorandum
of understanding was drafted and re- drafted and close to adoption several years ago by
both legislative authorities when the relationship broke down over the Coordinated Water
System Plan.
Within the next two years, Whatcom County faces the choice of re- negotiating with the
Lummi Indian Nation to do joint planning on the reservation; choosing to unilaterally plan
for the fee lands; or deciding to abdicate all jurisdiction.
STAFF REPORT June 22, 1994
cam [c:\f1 \6 \] FILE REF: 18- 94:IZO.SR Page 4
Plan Designation and Urban Residential (UR4) zones. As Diablo includes bunkhouses and
other transient accommodations not traditionally anticipated in conventional single family
zones, this zone district is not a precise fit, but is adequate until a UR -Mixed zone is
developed.
A Forestry Plan Designation and Rural Forestry on the property near Skagit County
addresses the general nature of these parcels and still permits the continuation of the
existing uses. Newhalem, itself, with the greatest variation in uses, seemed best suited
to the establishment of three plan designations and zones. Planned forestry is appropriate
on the steeper slopes north of the highway with a Rural Forestry zoning district assigned
because of the accessibility to the highway and existing development and the somewhat
greater flexibility this zone allows (although Commercial Forestry would also be a
consideration). On the flatter terrain along the highway and river, the uses are relatively
mixed. By utilizing the General Commercial Plan Designation and zone which is essentially
a mixed use zone, the area including the residential units, the offices, and the commercial
uses can be incorporated under one designation. Creating two Light Impact Industrial
areas covers the existing industrial uses and the area being considered for possible
additional industrial uses.
The original planning and General Protection zone provide the flexibility needed and does
not create a problem for the County in terms of uses because of the single ownership.
It does, however, require an unnecessary conditional use process for changes in use
which is a regulatory burden for both Seattle City Light and Whatcom County.
FINDINGS
1. Pursuant to RCW 36.70.790, Whatcom- County adopted an Interim Zoning
Ordinance in July 1972.
2. The County has established permanent zoning, which replaces the Interim Zoning
. in ten geographic subareas, plus Eliza Island.
3. Areas under the present jurisdiction of the Interim Zoning Ordinance include fee
lands within the Lummi Indian Reservation, private property exclaves within the
National Forest, and Seattle City Light property within the National Park.
4. The Seattle City Light property is being addressed as part of this proposal.
5. Upon completion of the GIVIA plan, the county will be in a better position to
address the exclaves in the National Forest which will be examined as part of the
planning effort for mineral resources.
6. Planning on the Lummi Indian Reservation remains to be resolved.
7. The Interim Zoning Ordinance, Chapter 2.24A of the Whatcom County Code, is
scheduled to expire on July 15, 1994.
STAFF REPORT June 22, 1994
cam [c:\f1 \6 \] FILE REF: 18- 94:IZO.SR Page 5
8. Unless the Interim Zoning Ordinance is extended, no zoning will exist on the Lummi
Indian Reservation fee lands or the exclaves of private property within the National
Forest.
9. Seattle City Light owns approximately 420 acres of property within the Cascades
National Park located in three clusters along Highway 20, including the towns of
Newhalem and Diablo.
10. These properties have been developed over a number of years in an appropriate
manner to serve the power generating needs of Seattle City Light.
11. No major new development is anticipated. Minor redevelopment, however,
including some new structures and demolition and relocation of existing structures,
is anticipated.
12. The General Protection zoning on the properties has the inherent flexibility to
provide for the present and anticipated uses, but does require the conditional use
process for new uses.
13. Forestry, Residential, Commercial, and Industrial Plan Designations and zones
generally reflect the existing uses and would allow anticipated uses without
requiring a conditional use permit.
CONCLUSION
1. It is in the County's best interest to extend the Interim Zoning Ordinance. An
additional two years is ample time to deal with the exclaves in the National Forest
and should be enough time to deal with the issues of planning on the reservation
if the County and the Lummi Indian Nation commit to it.
2. Seattle City Light's current land use pattern and future plans provide the basis for
the limited planning effort which was used to establish the proposed plan
designations and zoning districts. As these properties are in one ownership with
the National Park as the only neighbor, no additional analysis or process is required.
RECOMMENDATION
Planning staff recommends: 1) an extension of the Interim Zoning Ordinance, Chapter
2.24A of the Whatcom County Code, until July 15, 1996, or until permanent zoning is
established for all areas within the jurisdiction of Whatcom County, whichever comes
first; 2) the plan designations and zoning districts be adopted for the Seattle City Light
property as described by the attached maps and legal descriptions. (Exhibits A through
D).
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
STAFF REPORT
cam [c:\f1 \6 \] FILE REF: 18- 94:IZO.SR
Exhibit B
All of the following parcels:
Gov't. Lot 3 -- Sect. 36 - Twp. 37 - Ra. 11 E
Gov't. Lot 8 -- Sect. 30 - Twp. 37 - Ra. 12E
Gov't. Lots 2,3,4,5 -- Sect. 31 - Twp. 37 - Ra. 12E
June 22, 1994
Page 6
WHATCOM COUNTY. WASHINGTON
BELLINGFIA
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Site B Site C D cw f/l
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SITE
WHATCOM COUNTY. WASHINGTON
SITE B
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EXHIBIT /
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EXHIBIT B
All of the following parcels:
Gov't. Lot 3 -- Sect. 36 - Twp. 37 - Ra. 11 E
Gov't. Lot 8 -- Sect. 30 - Twp. 37 - Ra. 12E
Gov't. Lots 2,3,4,5 -- Sect. 31 - Twp. 37 - Ra. 12E
t' COMP. PLAN DESIGNATION FORESTRY
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�` co PROPOSED ZONING FROM GENERAL PROTECTION
-� TO RURAL FORESTRY
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RURAL LSTRY ZONE
A Parcel of land situate in Whatcom County, Washington in
Section 21, Township 37 North, Range 12 East W.M. described as
follows:
All of the N.W. 1/4 of the S.W. 1/4 of said section 21 lying
north of the following described line:
Commencing at the 1/4 corner common to sections 20 and 21 of said
township,
Thence S 0 23' 37" W 710 ft. along the section line to the True
Point of Beginning:
Thence S 64 56' 00" E 1454.62 ft. to the S.E. corner of the
N.W. 1/4 of the S.W. 1/4 of said section 21 and the terminus of
this line.
Basis of bearing is the Seattle City Light Copper Creek
Coordinate Grid.
A parcel of land situate in Whatcom County, Washington in
Section'21, Township 37 North, Range 12 East W.M. described as
follows:
Beginning at the center of said section 21,
Thence S 0 24' 07" W 1111.6 ft. along the north -south
centerline of said section to the City of Seattle Lighting
Department Project no.553 boundary as shown on sheet 101 of
Exhibit K, Skagit River Project F.P.C. no. 553 also being drawing
no. D- 27742, Records of Seattle City Light;
Thence N 64 51' 21" E 1240.95 ft. along said boundary:
Thence N 27 10' 40" E 400 ft. more or less to the line of
ordinary high water of the Skagit River;
Thence North - Northwesterly along said line of ordinary high water
to the intersection of the east -west centerline of said
section 21;
Thence Westerly along said east -west centerline to the center of
said section 21 and the Point of Beginning.
Basis of bearing is the Seattle City Light Copper Creek
Coordinate Grid.
GENERAL COMMERCIAL ZONE
A parcel of land situate in Whatcom County, Washington in
Section 21, Township 37 North, Range 12 East W.M. described as
follows:
Commencing at the 1/4 corner common to sections 20 and 21 of said
township,
Thence S 0 23' 37" W 1295.87 ft. along the section line to the
intersection of the City of Seattle Lighting Department Project
no.553 boundary as shown on sheet 101 of Exhibit K, Skagit River
Project F.P.C. no. 553, also being drawing no. D- 27742, Records
of Seattle City Light;
Thence S 80 50' 00" E 1337.46 ft. along said project boundary to
the intersection of the west line of the S.E. 1/4 of the S.W. 1/4
of said section 21;
Thence N 0 23' 52" E 182.64 ft. along said line to the N.W.
corner of said S.E. 1/4 of the S.W 1/4 of said section 21;
Thence S 89 37' 27" E 1321.82 ft. along the east -west centerline
of the S.W. 1/4 to the north -south centerline of said section 21;
Thence N 0 24' 07" E 208.40 ft. along said north -south
centerline to the intersection of said Project no. 553 boundary;
Thence N 64 51' 21" E 1240.95 along said boundary;
Thence N 27 10' 40" E 312 ft. more or less, continuing along
said boundary to the intersection of the east margin of State
highway SR -20 ;
Thence Southerly and Westerly along said SR -20 margin to a point
which bears N 76 10' 06" E 540.00 ft. from the N.E. corner of
the S.E. 1/4 of the S.W. 1/4 of said section 21;
Thence S 17 22' 21" E 480 £t. more or less to a point on the
line of ordinary high water of the Skagit River, said point bears
N 34 20' 30" E 1200.00 ft. from the 1/4 corner common to
sections 21 and 28 of said township;
Thence Westerly along said line of ordinary high water to the
intersection of the line common to sections 20 and 21 of said
township;
Thence N 0 23' 37" E 447.70 along said section line to the True
Point of Beginning.
Basis of bearing is the Seattle City Light Copper Creek
Coordinate Grid.
LIGHT IMPACT INDUSTRIAL ZONE
A parcel of land situate in Whatcom county, Washington in
Section 21, Township 37 North, Range 12 East W.M. described as
follows:
Commencing at the 1/4 corner common to sections 20 and-21 of said
township, .
Thence S 0 23'37" W 710.00 ft. along the section line, to the
True Point of Beginning;
Thence S 64 56' 00" E 1454.62 ft. to the N.E. corner of the S.W.
1/4 of the S.W. 1/4 of said section 21;
Thence S 0 23' 52" W 182.64 ft. along the east line of the
S.W. 1/4 of the S.W. 1/4 of said section 21;
Thence N 60 50' 00 "W 1337.46 ft. to the west line of said
section 21;
Thence N 0 23' 37" E 585.87 ft. along said section line to the
Point of Beginning.
Basis of bearing is the Seattle City Light Copper Creek
Coordinate Grid.
A parcel of land situate in Whatcom County, Washington in
Section 21, Township 37, Range 12 East W.M. described as follows:
Commencing at the 1/4 corner common to section 21 and 28 of said
township,
Thence N 34 20' 30" E 1200.00 ft. to a point on the line of
ordinary high water of the Skagit River and the True Point of
Beginning;
Thence N 17 22. 21" W 480 ft. more or less to the south margin
of State highway SR -20;
Thence Easterly and Northerly along said SR -20 margin to the
intersection of the City of Seattle Lighting Department Project
no. 553 boundary as shown on sheet 101 of Exhibit K, Skagit River
Project F.P.C. no.553, also being drawing no. D- 27742, Records of
Seattle City Light;
Thence N 27 10' 40" E 88 ft. more or less along said project
boundary to the line of ordinary high water of the Skagit River;
Thence Southerly and Westerly along said line of ordinary high
water to the True Point of Beginning.
Basis of bearing is the Seattle City Light Copper Creek
Coordinate Grid.
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COMP, PLAN DESIGNATION FORESTRY, GENERALI ,R /,���,���
f COMMERCIAL AND LIGHT INDUSTRIAL PARK lire / /�����
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NEWHALEM
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` t :�%_ '. GENERAL COMMERCIAL, LIGHT IMPACT INDUSTRIAL
LOCATION MAP AND RURAL FORESTRY
0
This is the legal description for the City of' Seattle, City Light
Department fee -owned property in the vicinity of Diablo, Washington.
EXHIBIT "D"
The follow-
ing described real estate situated and being in 117hatcom County,
'Washington, to -wit:
Beginning at a corner ':o. 1 situated on right bank
of Skagit River, from which United States Location 1onu-
ment Ieo. 124 bears +orth 360 10' 20" East 32 3/10 chains
distant, thence north forty five degrees ten minutes tYest
9 and Ti-Arty -two hundredths chains to corner Ito. 2; thence
:+orth fifty -six degrees fifteen minutes .Nast Twenty and
twenty -eight hundredths chains to corner `to. 3, thence north
eighteen degrees forty -eight minutes east nine and five -
tenths chains to corner 1•:o.4; thence north sixty-eight de-
grees twenty minutes east twenty -four and seventeen -hun-
dredthe chains to corner No. 5, thence south thirty -two de-
grees thirty sic minutes east fifteen and seven - hundredths
chains to corner No. 6, thence south fifty -seven degrees
forty -five minutes east three and ninety -six hundredths
chains to corner No. 7; thence South Forty degrees :%est one
and ninety seven hundredths chains to corner ho. 8 situated
on said right bank of Skit Ri cer; thence mederirg said.
right bank of Skagit River, ,north Thirty- eight degrees
forty -five minutes west seven and eight - tenths chains, south
eighty -three degre =-�s lVest ten chains, south seventy -three
degrees thirty minutes west ten chains, south forty -eight
degrees thirty minutes west fourteen chains, south fifty -seven
degrees sixteen minutes west four and sixty -two hundredths
chains to corner No. 12 the place of beginning; containing 43
and fifty -six- hundredths acres,
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COMP. PLAN DESIGNATION
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PROPOSED ZONING FROM GENERAL PROTECTION !�-
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diablo lake
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
Special Meeting June 22, 1994 Page 1
CALL TO ORDER The meeting was called to order by Chairperson, David Simpson, at
7:05 P.M. The meeting was held in the Council Chambers, 1000 North
Forest, Bellingham, Washington.
ROLL CALL PRESENT: Dave Ernst, Phil Urso, Elaine McRory, Clare Fogelsong, and
David Simpson, and Emil Baijot
STAFF PRESENT Terry Galvin and Carole Magner
Public Hearing
File 18- 94:IZO Interim Zoning Ordinance
No conflict of interest was noted. Terry Galvin presented staff report, explaining that he was
filling in for Dan Taylor who is unavailable.
This hearing is to request consideration for extending the Interim Zoning Ordinance until July
15, 1996, and to adopt comprehensive planning and permanent zoning for the areas owned
by Seattle City Light including Newhalem and Diablo.
A letter from Seattle City Light was read into the record. Staff worked with Seattle City Light
to determine a best fit to meet their future needs. Maps showing proposed designations were
discussed.
Map C area west of LII and north of Highway 20 is not part of Newhalem or part of the
exclave. The building have been abandoned and is owned by the National Forest. The County
does not have jurisdiction over that area.
Staff recommends approval of the extension.
Map D: North of UR4 is a cul -de -sac with housing indicated that is not in UR4. Galvin isn't
familiar with this, but imagines Seattle City Light housing is encroaching into the National
Forest. There's probably some kind of agreement established between the two entities.
Why UR4 in Diablo and UR18 in Newhalem ... Newhalem is already at build -out ... there's a
leap of faith that Seattle City Light won't go into the development business in the future.
Map C: Who owns property between RF designation. Galvin explained that all three exclaves
are surrounded by the National Forest. There are other private holdings throughout the
National Forest ... practically speaking no development could occur there.
Map D: Further south below the Diablo powerhouse, what is the area not in UR4 and is there
a zoning designation. Galvin explained that the property is owned by the National Forest with
long term lease.
Galvin added that according to the Environmental Planner for the Lummi Nation, the Lummi's
support interim zoning at this time.
With no further testimony, the public hearing was closed.
Moved by Baijot, seconded by McRory to accept staff recommendation for extending the
Interim Zoning Ordinance. (This is to include both sections of the request.)
Fogelsong questioned Lummi support and Galvin explained that in fact the Lummi Nation and
RECORD OF PROCEEDINGS OF THE
WHATCOM COUNTY PLANNING COMMISSION
Special Meeting June 22, 1994 Page 2
the County are continuing to debate jurisdiction over the fee lands. Cross Cultural Workshops
have at least begun to bridge communication gap between the two entities.
Questioned called for. Roll Call: Ayes: Baijot, Urso, Ernst, Fogelsong, McRory, Simpson; and
thereupon the motion carried unanimously.
With no further business to come before the Commissioners, the meeting adjourned at 7:30
p.m.
WHATCOM COUNTY PLANNING COMMISSION
ATTEST:
David Simpson, Chairperson Daniel W. Taylor, Secretary