HomeMy WebLinkAboutord1993-075N'HATCOM COUNTY COUNCIL AGENDA BILL NO. -41
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda A enda date
Assigned to:
:iginator: Gordon Scott
10/19/93 1
�—' U - J
OCT 19 1993
Y HA COM COUNTY
COUNCIL
10/26/93
Council Introduction
Division Head:
11/9/93
P &D /Council
Dept. Head:
d G3
Prosecutor:
Purchasinoudget:
Executive:
SUBJECT.
File 01- 93:CZM: An Ordinance Amending the Official Whatcom County Zoning Map from Rural
Forestry to Rural Five Acres for 40 Acres in the Foothills Subarea
ATTACHMENTS.
Agency Report with attached Staff Report
Excerpts from Planning Commission Minutes
Draft Ordinance
Concomitant Agreement
SUMMARY STATEMENT. Please complete sections of box as appropriate & explain the item below.
Related County contract #: Should Clerk schedule a hearing? NO /XXI YES/ /Requested date:
Amount budgeted for this item/project: $ Is it (or will it be) within budget? YES / / NO / / (Please explain below)
t� ]get line item number(s): �I
E. "Bill" Isenhart, representing Co om is Investment Company, Inc., is the owner of approximately 25 acres
adjacent to Kendall Lake near the Peaceful Valley and Paradise Lakes Subdivisions in Kendall. During the
comprehensive zoning of the Foothills Subarea in 1988 Mr. Isenhart's property was designated Forestry
(redesignated Rural Forestry in 1992). In November of 1992 Mr. Isenhart applied for a rezone for his property, along
with 15 adjacent acres, from Rural Forestry to Rural 5 Acre. During discussions with the Planning Department Mr.
Isenhart proposed a contract rezone for a cluster subdivision for seven lots on his 25 acre parcel. On February 10th,
1993, at it regular meeting, the Planning Commission approved the request for rezone on 40 acres, included Mr.
Isenhart's 25 acre parcel, subject to an agreement between the Planning Department and Mr. Isenhart on a suitable
contract. That agreement was reached on May 12, 1993.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Land Use and Economic Planning recommends
Council accept the Planning Commission's recommendation by adopting the proposed Ordinance.
COMMITTEE ACTION TAKEN.•
COUNCIL ACTION TAKEN:
10/26/93: Introduction
11/9/93: Council adopted the ordinance. 7 -0
Related File Numbers: Ordinance or Resolution Number (this item only): Ord 93 -075
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FILE REF. • O 193CZM.ORD [a: U grs INTRODUCED BY. • Consent
PROPOSED BY., PLANNING
DA TE.
ORDINANCE NO. 93 -075
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
RURAL FORESTRY TO RURAL 5 ACRES FOR 40 ACRES IN THE FOOTHILLS SUBAREA
WHEREAS, H.E. "Bill" Isenhart, representing Colombia Investment Company, Inc. has requested a
rezone for 40 acres near Kendall from Rural Forestry to Rural 5 Acre; and;
WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was published in the
Bellingham Herald on Thursday, January 28, 1993; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA Official on January
7, 1993; and
WHEREAS, the Planning Commission held a public hearing on this matter on February 10, 1993, and
heard all public testimony on the issues and after due deliberation made a determination that the application
be approved with modifications; and
WHEREAS, after consultation with Whatcom County the applicant agreed to enter into a concomitant
agreement rezone for a cluster subdivision on the applicants portion of the proposed rezone: and
WHEREAS, the Council reviewed the Planning Commission recommendation at a public meeting on
November 9, 1993; and
WHEREAS, The Council has adopted the following Findings and Conclusions developed by staff and
adopted by the Planning Commission.
FINDINGS
Columbia Investment Co., represented by H.E. "Bill" Isenhart has requested a rezone of approximately
40 acres from Forestry to Rural 5 Acre in the Foothills Subarea.
2. There are four property owners affected by this rezone request, three of whom currently each own a
five acre parcel in the area under consideration.
3. Except for one residence on one of the five acre parcels, the property is undeveloped with some
standing timber.
4. Environmental constraints on the subject properties include Kendall Lake, a wetland complex, soils with
severe limitation for septic systems and building site development, and a potential alluvial fan
associated with a small stream on the southern boundary of the area, all of which can be mitigated by
the proposed cluster subdivision.
5. The proposed amendment conflicts.with several goals of the Foothills Comprehensive Land Use Plan
regarding conservation of forest land and maintenance of a productive forest land base.
6. The Forestry locational criteria is not appropriate for the subject parcels, except for the physical
constraints of the wetlands, soils, and potential alluvial fan hazard.
7. The presence of substantial undeveloped land in R5A, R10A, and UR4 zones in the Colombia Valley
indicates that there is not a demonstrated need for more R5A zoning in this area, however local real
estate experts testify that there is a strong demand for more rural 5 acre lots in the vicinity.
37 11 8. The applicant's proposed concomitant agreement to develop his property according to WCC 20.36.300,
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FILE REF. 0193CZM. ORD [a: U grs
Page 2
Rural Clustering, will mitigate against the environmental constraints on the site.
CONCLUSIONS
The subject properties contain a wetland complex and some soils unsuitable for residential development, and
the area where better soils for building are located may be on a potential alluvial fan hazard. These constraints
will be mitigated by the proposed concomitant agreement to cluster the proposed subdivision of the Isenhart
property.
The proposed amendment conflicts with many of the Foothills Comprehensive Land Use Goals which call for
the conservation of forest land even though the locational criteria for Forestry does not apply very well to the
parcels in question.
The applicant has demonstrated a need for additional R5A zoning in the area.
All of the above paragraphs represent Findings of Fact by the Whatcom County Council. Based upon
these Findings of Fact, it is declared that the enactment of this ordinance will promote the public health, safety,
and general welfare.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. The Official Foothills Subarea Comprehensive Plan Map is hereby amended by redesignating 40 acres
from Rural Forestry to Rural near Kendall, Section 27, Township 40 North, Range 5 East, subject to
a concomitant agreement.
2. The Official Whatcom County Zoning Map is hereby amended by redesignating 40 acres from Rural
Forestry one dwelling per 20 acres to Rural one dwelling per 5 Acre near Kendall , Section 27,
Township 40 North, Range 5 East, subject to the attached concomitant agreement.
3. The comprehensive plan amendment and rezone of the subject property shall not become effective until
and unless all parties have signed said concomitant agreement and the agreement has been recorded
in the Whatcom County Auditor's Office.
4. 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.
PASSED this 9th day of November , 1993.
ATFEST:
Clerk of the Council
APPRO /ED AS TO FORM:
aren Frakes, Civil Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marjdbe Laidlaw, Chairperson
(4'APPROVED () VETOED
Shirley Van Zan n, County xecutive
Date
ORIGINAL
RECORDERS NOTES.
Portions of this Uacunwmt are
Of poor quality for filming COLUMBIA INVESTMENT REZONE
CONCOMITANT AGREEMENT
Agreement Supporting Zoning Amendment (File #01- 93:CZMSR)
for an approximately 40 Acre Parcel
from Rural Forestry to Rural -Five Acre
THIS AGREEMENT is made and entered into by and between COLUMBIA
INVESTMENT COMPANY, a Washington limited partnership, (hereinafter
called "Columbia ") and WHATCOM COUNTY, a municipal corporation,
(hereinafter called "the County ");
WITNESSETH:
I. WHEREAS, Columbia is the owner of certain real property
(herein called the "Subject Property ") located in Whatcom County,
Washington, which is more particularly described on Exhibit "A" which
is attached hereto and incorporated herein; and
II. WHEREAS, the Subject Property is part of a larger tract of
land with other owners which is the subject of an application for a
zoning reclassification from Rural Forestry to Rural -Five Acre; and
III. WHEREAS, the Planning Commission has recommended in favor
of such reclassification with conditions; and
IV. WHEREAS, the County has authority to enact laws and enter
into agreements to promote the health, safety and welfare of its
citizens and thereby control the use and development of property within
its jurisdiction; and
V. WHEREAS, Columbia has voluntarily agreed to enter into
this Concomitant Agreement in order to obtain the approval of the
County of the reclassification to R5A of the Subject Property;
NOW, THEREFORE, in consideration of the Council's enactment of
an ordinance reclassifying lands subject to the above - mentioned
Application, including the Subject Property, from Rural Forestry (RF)
to Rural -Five Acre (R5A), Columbia does hereby covenant and agree, on
behalf of itself and its successors and assigns, as follows:
1. Columbia agrees that the Subject Property will be developed as a
cluster subdivision conforming to the intent and design requirements
Title 20.36.300 of the Whatcom County Code.
2. The lots to be established on the Subject Property are restricted to
residential uses.
3. The reserve tract shall be restricted from further development
without approval from Whatcom County. Ownership of the reserve
tract may be retained by Columbia, transferred in common ownership
to the lot owners of the cluster subdivision or gifted to a public
or private non - profit organization subject to the above - mentioned
development restriction.
4. Any violation of these limitations on the use of the Subject
Property shall be sufficient grounds for the County to rezone the
Subject Property back to Rural Forestry (RF).
This Agreement shall constitute a covenant running with the
land and shall be binding upon Columbia, successors and assigns, and
shall be recorded at Columbia' expense in the Whatcom County Auditor's
office within five (5) days of execution.
Any amendments or modifications of this Agreement shall be
valid only if agreed upon by the County Council following a public
hearing and after being reduced to writing and recorded in the Whatcom
County Auditor's office.
Nothing contained in this Agreement shall be construed to
restrict the authority of the County to exercise its police power or to
prevent the County from initiating a zoning change in accordance with
applicable ordinances and regulations.
COLUMBIA INVESTMENT COMPANY,
a Washington lim'te ership
i� k Executed byi ; -is day of May, 1993.
H. E. I S ENFfART'
General Part�r,
STATE OF WASHINGTON) FiIY N oe 9:11 2CD2G_?
) ss.
COUNTY OF WHATCOM)
On this / � day of / - c , 19Z_:; before me
personally appeared H. E. ISENHART, to me known to be the General
Partner of COLUMBIA INVESTMENT COMPANY, a Washington limited
partnership, that executed the within and foregoing instrument to be
the free and voluntary act and deed of said limited partnership for the
uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first abqve, written.
C)
N Public in and I- � he State of
.`..�
Was ington,.. residing` L~O
My Commission Expirg,s
.' sm w 1:.;—, 4 -- c�
EXECUTED BY WHATCOM COUNTY this l day of 1993.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Lr
ATTES� ' ' • ` ,
h e t of 'tlTe Oouncil
APP ''-q ORM
Cjvil Deputy Prosecuting Attorney
T-
LAIDLAW, Chairperson
. Vu�
Shirley Van Zan en, C my Executive
Date: 11 -19 —15
Vol., X62 Page: 1 264
File No: . —*::?_--,. i 22 2 ,:-"9
EXHIBIT "A"
LEGAL DESCRIPTION
THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 40,
RANGE 5 EAST OF W.M., WHATCOM COUNTY, WASHINGTON,
EXCEPT THE FOLLOWING:
DIVISIONS 1, 21 3 AND 5 OF PLATS OF PARADISE LAKES COUNTRY CLIIB,
ALSO EXCEPT THE FOLLOWING:
That portion of the Northwest k of the Northeast.-It of Section 27,
Township 40 North, Range 5 East of M.M. described as follows:
Commencing at the Northwest corner of said Northwest 14 of the
Northeast 4; thence South 20 02'00" East, along the West line
of said Northwest k of the Northeast h, a distance of 678.82
feet to the Point of Beginning; thence North 50' 49100" East
439.12 feet; thence South 27. 10'42" East 191.30 feet; thence
South 66' 03'20" West 464.87 feet to said West line of the
Northwest k of the Northeast k; thence North 21 02'00" West,
along said West Line, a distance of 81.46 feet to the Point of
Beginning; EXCEPT County Road.
ALSO EXCEPT THE FOLLOWING:
File No. 9312202G.9
THE LAND REFERRED TO IS SITUATED IN THE STATE OF WASHINGTON? COUNTY
OF WHATCOM AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 40
NORTH, RANGE 5 EAST OF W.M., WHATCOM COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF'SAID NORTHEAST QUARTERi
THENCE SOUTIt 02.02'00" EAST ALONG THE WESTERLY LINE OF SAID
NORTHEAST QUARTER A DISTANCE OF 760.28 FEETi THENCE NORTH 66.03120"
EAST 21.56 FEET TO THE EASTERLY LINE OF KEIIDALL ROAD (COUNTY ROAD
NO. 361)1 THENCE SOUTH 02.0280011 EAST ALONG SAID EASTERLY LINE A
DISTANCE OF 555.10 FEET TO THE NORTHEASTERLY LINE OF THE PLAT OF
PARADISE LAVES COUNTRY CLUB, DIVISION NO. 2, AS FILED IN VOLUME 9
OF PLATS, PAGES 137 AND 138, RECORDS OF THE AUDITOR OF SAID COUNTY
AI1IJ STATE; THENCE SOUTH 66' 2x' 17" EAST ALONG SAID N."ATHI- ASTERL•Y
LINE OF SAID PLAT A DISTANCE OF 347.51 FEETi THENCE SOUTH 46050130"
EAST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 321.59 FEET TO THE
NORTHWESTERLY LINE OF SANTA FE TRAIL AS SHOWN UPON THE PLAT OF
PARADISE LAKES COUNTRY CLUB DIV. NO. 5 AS FILED IN VOLUME 10 OF
PLATS, PAGES 45 AND 46, RECORDS OF THE AUDITOR OF SAID COUNTY AND
STATE; THENCE NORTH 43'09'30" EAST ALONG THE SAID NORTHWESTERLY
LINE OF SAID ROAD A DISTANCE OF 202.00 FEET TO A CURVE TO THE RIGHT
HAVING A RADIUS OF 293.38 FEET, THE CENTER OF WHICH BEARS SOUTH
46.50130" EASTI THENCE ALONG SAID NORTHWESTERLY LINE OF SAID ROAD
ON SAID CURVE THROUGH A CENTRAL ANGLE OF 19008120" AN ARC DISTANCE
OF 96.00 FEET TO THE POINT OF BEGINNINGI THENCE ALONG SAID
NORTHWESTERLY LINE OF SAID ROAD ON SAID CURVE, THROUGH A CENTRAL
ANGLE OF 21'40147" AN ARC DISTANCE OF 111.01 FEET; THENCE NORTH
83.58'37" EAST ALONG SAID NORTHWESTERLY LINE OF SAID ROAD A
DISTANCE OF 175.73 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF
530.00 FEET, THE CENTER OF WHICH BEARS SOUTH 06.01123" EAST: THENCE
ALONG SAID NORTHWESTERLY LINE OF SAID ROAD ON SAID CURVE THROUGH A
CENTRAL ANGLE. OF 01.30149" AN ARC DISTANCE OF 14.00 FEET; THENCE
DEPARTING FROM SAID NORTHWESTERLY LINE OF SAID ROAD NORTH 24.00108'
WEST 758.92 FEETI THENCE SOUTH 45.20147" WEST 377.00 FEETI THEI ;rE
SOUTH 30.28158 'EAST 557.06 FEET TO THE POINT OF BEGINNING. ALSO
KNOWN AS TRACT FOUR ON A SURVEY FILED UNDER AUDITOR'S FILE NO.
1551176 FILED ON OCTOBER 3, 1986.
SITUATE IN COUNTY OF WHATCOM, STATE OF WASHINGTON
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ALSO EXCEPT THE FOLLOWING:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP
40 NORTH, RANGE 5 EAST OF WILLAMETTE MERIDIAN, WHATCOM
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT'THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 02 i0?' 00" ��T ALONG Tom' VlvSTERLY LINE OF SAID
NORTHEAST QUARTER A DISTANCE OF 760.28 FEET; THENCE NORTH
66003120" EAST 21.56 FEET TO THE EASTERLY LINE OF KENDALL
ROAD (COUNTY ROAD NO. 361); THENCE SOUTH 02.02'00" EAST
ALONG SAID EASTERLY LINE A DISTANCE OF 300.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 02.02'00" EAST
ALONG SAID EASTERLY LINE A DISTANCE OF 255.10 FEET TO THE
NORTHEASTERLY LINE OF THE PLAT OF PARADISE LAKES COUNTRY
CLUB, DIVISION NO. 2 AS FILED IN VOLUME 9 OF PLATS AT PAGES
137 -138, RECORDS OF THE AUDITOR OF SAID COUNTY, AND STATE:
THENCE SOUTH 66.20117" EAST ALONG SAID NORTHEASTERLY LINE OF
SAID PLAT A DISTANCE OF 117.39 FEET TO THE NORTHEASTERLY END
OF THE SOUTHEASTERLY LINE OW LAREDO rjAAIM AS SHOWN UPON SAID
,11HPT� OM ;_ F �UNT�.�:
DELLINGHAMi WA
PLAT; THENCE DEPARTING FROM SAID PL%T NORTH 45 "20' 47" EAST 1�r �4�rr�_`!'~ ''' 1`' a�j
909.27 FEET: THENCE NORTH 24' X10' 08" WEST 160.00 FEET; THENCEREQ IEST r iF : WHATCOM LC
SOUTH 55.19' 13" WEST 849.18 FEET TO THE POINT OF BEGINNIN131,i rlev F! �t'_ to b AUDITOR
BY , LK5 DEPUTY
SITUATE IN WHATCOM COUNTY, WASHINGTON. 1I;,00 AGREE
ALSO EXCEPT THE FOLLOWING:
THE LAND REFERRED TO Is SITUATED IN THE STATE OF WASHINGTON, COUNTY OF WHATCOM AND IS
DESCRIBED As FOLLOWSt
THAT PORTION OF THE NORTHEAST OUARTER OF SECTION 27, TOWNSHIP 40 NORTH, RANGE S EAST
OF WILLAMETTE MERIDIAN. VHATCOM COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS=
COMMENCING AT TWE NORTHWEST CORNER OF SAID NORTHEAST OUARTER$ THENCE SOUTH 02'02'00•
EAST ALONG THE WESTERLY LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 760.28 FEET:
THENCE NORTH 66'03920' EAST 21.56 FEET TO THE-EASTERLY LINE OF KENDALL ROAD (COUNTY
ROAD NO 361)$ INENCB SOUTH 02'02100' EAST ALONG SAID EASTERLY LINE A DISTANCE OF
333.10 FEET TO THE NORTHEASTERLY LINE OF THE PLAT OF 'PARADISE LAKES COUNTRY CLUB.
DIVISION N0.2.' FILED IN VOLUME 9 OF PLATS AT PAGES 137 THROUGH 138. RECORDS OF THE
AUDITOR OF SAID COUNTY AND STATES THENCE SOUTH 664201117' EAST ALONG SAID
NORTHEASTERLY LINE OF SAID PLAT A DISTANCE OF 117.3! FEET TO THE NORTHEASTERLY END OF
THE SOUHTEASTERLY LINE OF LAREDO LANE AS SHOWN UPON SAID PLAT AND THE POINT OF
BEOINNING$ THENCE CONTINUING SOUTH 66'20117' EAST ALONG THE NORTHEASTERLY LINE OF
SAID PLAT A DISTANCE 230.12 FEET$ THENCE SOUTH 46 *301300 EAST ALONG SAID
WRTHEASTERLY LINE A DISTANCE-Or 321.61 FEES TO THEE NORTHWESTERLY LINE OF SANTA FE
TRAIL AS SHOWN UPON THE PLAT OF 'PARADISE LAKES COUNTRY CLUB. DIVISION NO. W AS
FILED IN VOLUME 10 OF PLATS, AT PAGES 43 THROUGH 46, RECORDS OF THE AUDITOR SAID
COUNTY AND STATES THENCE NORTH 43'09'30' EAST ALONG THE SAID NORTHWESTERLY LINE OF
SAID ROAD A DISTANCE OF 202.00 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF
293.38 FEET; THE CENTER Of WHICH BEARS SOUTH 46450'30 EAST: THENCE ALONG SAID
NORTHWESTERLY LINE OF SAID ROAD ON SAID CURVE THROUGH A CENTRAL ANGLE OF 19'08'20' AN
ARC DISTANCE OF 70.00 FEET: THENCE DEPARTING FROM SAID NORTHWESTERLY LIME OF SAID
ROAD, NORTH 30428138' WEST 357.06 FEETi THENCE SOUTH 43020947' WEST 532.27 FEET TO
THE POINT OF BEGINNING. a Nm OEM AS TRACT Tmm ON A SURVEY FILM UNDER AUDITOtt' S
140. 1551176, FILED ON OCTOBER 3. 19M LESS ROADS.
SITUATED IN WHATCOM COUNTY, WASHINGTON.
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