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Home My WebLink Aboutord1994-043WIMTCOM COUNTY COUNCIL AGENDA BILL NO. 94- 374 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: ginator: Dan Taylor 06/27/94 EC E IV E �j V' JUL 5 ' V 9 WHATCOM COUNTY COUNCIL Council - intro Division Head: Dan Taylor M `lyq /q 7/26/94 Planning) /Council Dept. Head: Nate Brown 1� -7 519 { Prosecutor: Dan Gibson Purchasing/Budget: Executive: Shirley Van Zanten SUBJECT. File Ref: #18- 94IZO(2): An Ordinance Adopting Comprehensive Plan Designations and Zoning Classifications Under Title 20 for Property Owned by Seattle City Light within the Confines of North Cascades National Park. ATTACHMENTS. Proposed Ordinance Agency Report with Attached Staff Report (see A.B. , File Ref: 18- 94IZO) Draft Planning Commission Minutes (see A.B. , File Ref: 18- 94IZO) 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 L !get line item number(s): n/a Whatcom County's Interim Zoning Ordinance, Chapter 2.24A, was adopted in July 1972. Included within its jurisdiction is 420 acres of property owned by Seattle City Light within the North Cascades National Park. Seattle City Light's current land use pattern and future plans have provided the basis for the limited planning effort which was used to establish the proposed plan designations and zoning districts. Because these properties are in one ownership with the National Park as the only neighbor, no additional analysis or process is required. 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: 7/12/94: Introduction 7/26/94: Council adopted the ordinance. Related File Numbers: Ordinance or Resolution Number (this item only): ojq_b�3 Seattle City Light 18- 94:IZO(2) 6/27/94 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 7/12/94 1 ORDINANCE NO. 94 -043 2 AN ORDINANCE ADOPTING COMPREHENSIVE PLAN DESIGNATIONS AND 3 ZONING CLASSIFICATIONS UNDER TITLE 20 FOR PROPERTY OWNED BY 4 SEATTLE CITY LIGHT WITHIN THE CONFINES OF NORTH CASCADES NATIONAL 5 PARK. 6 WHEREAS, pursuant to RCW 36.70.790, Whatcom County adopted an Interim 7 Zoning Ordinance on July 6, 1972; and 8 WHEREAS, the County has established permanent zoning in ten subareas and on 9 Eliza Island since 1972, which leaves only three areas of the county still under interim 10 zoning; and 11 WHEREAS, the Planning Division working with Seattle City Light proposed 12 comprehensive plan designations and permanent zoning for Seattle City Light property; and 3 WHEREAS, Determination of Non - Significance was issued by the Deputy SEPA Official on June 17, 1994; 15 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the 16 Bellingham Herald on Thursday, June 9, 1994; and 17 WHEREAS, the Planning Commission held a public hearing on June 22, 1994 and 18 considered all testimony; and 19 WHEREAS, the Council at a public meeting on July 26, 1994, reviewed the Planning 20 Commission recommendation and found the proposed extension in the best interest of the 21 public health, safety, and welfare; and 22 WHEREAS, the Council has adopted the following Findings and Conclusions: 23 Findings 24 1. Pursuant to RCW 36.70.790, Whatcom County adopted an Interim Zoning 25 Ordinance in July 1972. 26 2. The County has established permanent zoning, which replaces the Interim 27 Zoning in ten geographic subareas, plus Eliza Island. Page 1 1 3. Areas.under the present jurisdiction of the Interim Zoning Ordinance include fee 2 lands within the Lummi Indian Reservation, private property exclaves within the 3 National Forest, and Seattle City Light property within the National Park. 4 4. The Seattle City Light property is being addressed as part of this proposal. 5 5. Seattle City Light owns approximately 420 acres of property within the North 6 Cascades National Park located in three clusters along Highway 20, including 7 the towns of Newhalem and Diablo. 8 6. These properties have been developed over a number of years in an appropriate 9 manner to serve the power generating needs of Seattle City Light. 10 7. No major new development is anticipated. Minor redevelopment, however, 11 including some new structures and demolition and relocation of existing 12 structures, is anticipated. 13 8. The General Protection zoning on the properties has the inherent "flexibility to 14 provide for the present and anticipated uses, but does require the conditional 15 use process for new uses. 16 9. Forestry, Residential, Commercial, and Industrial Plan Designations and zones 17 generally reflect the existing uses and would allow anticipated uses without 18 requiring a conditional use permit. 19 Conclusion 20 Seattle City Light's current land use pattern and future plans provide the basis for the 21 limited planning effort which was used to establish the proposed plan designations and 22 zoning districts. As these properties are in one ownership with the National Park as 23 the only neighbor, no additional analysis or process is required. 24 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: 25 Section 1. The plan designations and zoning districts be adopted for the Seattle City 26 Light property as described by the attached maps and legal descriptions. (Attachments 27 A through D). 28 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of 29 this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any 30 part thereof other than the part so declared to be invalid. Page 2 I ADOPTED this 26thday of July , 1994. 2 3 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 4 rev ` Y ee a&V %�c. 0. 5 Ramona Reeves, Counci Ro ert A. Imhof, uncil air 6 APPROVED AS TO FORM: 7 ioa'�"j 4. 2j"�- 8 Daniel L. Gibson 9 Civil Deputy Prosecutor (Approved ( ) Denied i I L. - - Shirley Van nten, Ex tive Date: Page 3 I BELLI N G-H-A 014 k. K f o TOWNSHIP. 37 N., RAN I (( GE A E. W. M. . WHATCOM COUNTY. WASHINGTON Di X, LABL N '10 C.) 7 Site D Site "BSite C W(j-k-f 6 -4. I rJr. As ; �i --�1' 'x I I � � /!/ ; '1 (�� I i. \_'1 I O' � e!''�' � J � \� � 1 ; CA ADE5 v .X REFUG E 14 14 J, rh—e— n.� P�aak -L L TOWNSHIP 37 N., RANGE 11 E.W.W. WHATCOM COUNTY. WASHINGTON I .\ -,,- r, SITE C rlj�Ft V a vi E o 41f u I N I I . 19 L' A 6-Am-M �vk�, + L*Ifr 141miKok, ■ 28 V —7 "27, LEG END '-T'OLACI L - - - - - - - SITE B " g.l It O.k.. cat` MI rw� n69 KeA91415i a= e 34 33 4 &1 ovaz, 2 33' . I & &.� 2-s t4 &MCA n0 L COUNTY —ou m 34 EXHIBIT A, 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 COMP. PLAN DESIGNATION FORESTRY -' /. mil "r - \r °• ,i •`C�CFa '4.,...`T�O'��,' ,'.i,.'.,' •c`I: .sa� r 417• r° ..• :V .` . ��. •f• i •L:� •-�� , I';4r y.r .., soy' `\HA•TC f- ;y•, %: �,;`�•r +, S s' yam_.. RIF ' n V LOCATION MAP • °Sa �� Golt 40 Go ON RFr i it -/ °- RF s ;k\ -Ok3 SEATTLE CITY LIGHT PROPERTY kagl eo co PROPOSED ZONING FROM GENERAL PROTECTION TO RURAL FORESTRY 00 RURAL ; STRY 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 ft. more or less to a point on the line of ordinary high water of the Skagit River, said point bears N 34 20' 3.0" 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 23137" 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 80 50' 00 11W 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. M X i 0 COMP. PLAN DESIGNATION- FORESTRY, GENERALV /COMMERCIAL AND LIGHT INDUSTRIAL PARK R F "' -S RF r i IJ �. �T -'=�.e • I• ,•/ x`'41:. � -'.�,�EE�%rJ 0 ^'I J s V77 � O Q sir i a�� d - _° .•�\�''.;newlS$lem° or.. ~ — =�- ' � •--- -- =- powerhouse NEWHALEM \gorge yerhouse, PROPOSED ZONING FROM GENERAL PROTECTION TO GENERAL COMMERCIAL, LIGHT IMPACT INDUSTRIAL AND RURAL FORESTRY I••� AA��Y��• y i �- i` Ir cn LOCATION MAP 0 ^'I J s V77 � O Q sir i a�� d - _° .•�\�''.;newlS$lem° or.. ~ — =�- ' � •--- -- =- powerhouse NEWHALEM \gorge yerhouse, PROPOSED ZONING FROM GENERAL PROTECTION TO GENERAL COMMERCIAL, LIGHT IMPACT INDUSTRIAL AND RURAL FORESTRY 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 Whatcom County, Washington, to -wit: Beginning at a corner No. 1 situated on right bank of Skagit River, from which United States Location Monu- ment No. 124 bears North 360 10' 20" East 32 3/10 chains distant, thence north forty five degrees ten minutes west 9 and Thirty -two hundredths chains to corner No. 2; thence North fifty -six degrees fifteen minutes East Twenty and twenty -eight hundredths chains to corner No. 3, thence north eighteen degrees forty -eight minutes east nine and five - tenths chains to corner No.4; thence north sixty -eight de- grees twenty minutes east twenty -four and seventeen -hun- dredths chains to corner No. 5, thence south thirty -tiro de- grees thirty six 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 Vest one and ninety seven hundredths chains to corner No. 8 situated on said right bank of Skagit River; thence meandering said right bank of Skagit River, North Thirty -eight degrees forty -five minutes west seven and eight - tenths chains, south eighty -three degrees West 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. 1, the place of beginning; containing 43 and fifty -six- hundredths acres, COMP. PLAN DESIGNATION URBAN RESERVE LOW 4DU /Ac. h wood® h sing ®. m�m�� tb flrefl m4 •c., /, to gorge lake �\ diablo powerhouse ,' � gq1�'IT 1, ✓ � ' �'J`` %• °'r / 01..3 I 40 AREA Ila O�.•'� 1' ; ,.,�, ! %`- -:,�?� %rte' �•a' / � I z "• LOCATION MAP DIABLO; PROPOSED ZONING FROM GENERAL PROTECTION �=__• = -� TO URBAN RESERVE 4DU /AC.G? � diabl lake