The URL can be used to link to this page

Home My WebLink Aboutord1994-047;YIIATCOM COUNTY COUNCIL AGENDA BILL NO. 94- 417 CLEARANCES Initial Datcr r Date Received in Council Office: Agenda date Assigned to: Ori ' ator: Carl Batchelor 7 W E C E � V E D i JUL 2 {J n 1"4 WHATCOM COUNTY COUNCIL 7/26/94 Council introduction Division Head: Dan Taylor ,7 f (� 8/9/94 Council Dept Head: Nate Brown 7/�� Prosecuto r. Purchasing/Budget: Executive: SUBJECT. • An Ordinance to amend the Cherry Point - Ferndale Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map from Agriculture (AG) to Rural Five Acres (R5A) for approximately 9.75 acres. ATTACHMENTS: 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: S n/a Is it or will it be within budget? YES / / NO / / lease explain below n/a Budget line item number(s): n/a ,.,.dGINATOR'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.• 8/9/94: Council adopted the ordinance. Related File Numbers: 04 -94: CZM Ordinance or Resolution Number (this item only): 094 -047 1 SPONSORED BY: Consent PROPOSED BY. Consent INTRODUCTION DATE: 7/26/94 ORDINANCE NO. 94-047 AN ORDINANCE AMENDING THE CHERRY POINT - FERNDALE SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTLY ZONING MAP FROM AGRICULTURE (AG) TO RURAL FIVE ACRES (R5A) FOR APPROXIMATELY 9.75 ACRES WHEREAS, Kevin Boxx and Liz Joseph have requested that the Cherry Point - Ferndale Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map be amended from Agriculture (AG) to Rural Five Acres (R5A) for approximately 9.75 acres; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the. Bellingham Herald on Thursday, April 28, 1994; and WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance on February 17, 1994; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on May 11, 1994 and considered all testimony; and WHEREAS, the Council held a public meeting on August 9, 1994 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 property was originally zoned agriculture in 1981, with the adoption of the Cherry Point - Ferndale Subarea Comprehensive Plan. 2. The site is fairly flat, gently sloping to a small drainage to the southeast. Soils include Lynden sandy loam which is a very deep, very well drained, prime when irrigated soil with moderate to rapid permeability; and Lynnwood sandy loam, which is a very deep, sometimes excessively drained soil with rapid permeability that is not prime and is rated as severely constrained for septic systems because it is a poor filter. 3. The property is in the Lower Nooksack watershed, near the boundary with the Tenmile Creek watershed. It is approximately one quarter mile outside of the Nooksack River 100 -year floodplain which is to the west. 4. The subject property is used for one single family residence and a shed. It has not been used for agriculture for 30 to 40 years. Surrounding uses include agriculture and woodland to the south, west, and north and small lot single family residential Page 1 development to the east and northeast. In addition to larger (30 to 60 acres) agricultural parcels adjacent and nearby, there are two parcels smaller than 5 acres across Paradise Road to the west of the subject property, a one acre parcel adjacent to the northeast corner of the subject property, and a two acre parcel across Paradise Road to the north, all of which are in the Agriculture zone. 5. The subject property is adjacent to the Rural Residential One house Per acre (RR1) zone to the east and the Rural 10 Acre (R10A) zone to the northeast. 6. Domestic water and wastewater treatment are provided by Individual onsite wells and septic systems. 7. There is a tradeoff between agricultural or rural residential use and groundwater quality. 8. The proposed rezone would potentially introduce one more home in an area that is affected by the impacts of agricultural land use 9. There is nothing to indicate a need for more Rural Five Acre land in this area other than the economic need of the applicant, however the proposal is consistent with the rationale and locational criteria for the Rural designation, in the Subarea Plan, given closer scrutiny of the present pattern of parcel sizes and uses. 10. It has been 15 years since the adoption of this fairly broad based subarea plan. CONCLUSION Based primarily on the pattern of surrounding parcel sizes and land uses and the location of the subject parcel on the edge of the Agriculture zone, the rezone is somewhat consistent with the rationale and locational criteria for the Rural five Acre designation. However, it must be kept in mind that there is a tradeoff with the goal of preserving prime agricultural soils. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Cherry Point - Ferndale Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map are hereby amended from Agriculture (AG) to Rural Five Acres (R5A) for approximately 9.75 acres (Assessor's Parcel Number 390221 485357). 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. ADOPTED this 9th day of August , 1994. Page 2 ATTEST: Ramona Reeves, Council Clerk 4cee - ee l WHATCOM COUNTY, WASHINGTON bert Inihoff Chairper on APP VED as to form (vf Approved () Denied on, Civil Deputy Prosecutor Shirley Vah Zanten, c cutive �.r�. N• .�.K�S cb1c:\ wpwin80 1wpdocslarsrordlordnance \04- 94.ord Date: 8- 1D— 5-,/- Page 3