HomeMy WebLinkAboutord1993-088W,IYATCOM COUNTY COUNCIL AGENDA BILL NO. 93 -461
CLEARANCES: Initial I Datel Date Received in Council office I Agenda Datel Assigned To
iriainator -grs c: \f1 \1\0393czm.Ab l�1 E R (ra E V E 11/23/93 Council Introduction
Division Head - W La 12/7/93 P &D Council
Department Head- NOV 1 7 1993
Prosecutor Review- I� 3
Purchasing/Budget Dir.- WHATCOM COUNTY
Executive- COUNCIL
SUBJECT: FILE REF:03 -93CZM AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL 5 ACRE TO LIGHT IMPACT INDUSTRIAL FOR 40 ACRES IN THE LYNDEN-
NOOKSACK SUBAREA
ATTACHMENTS: Agency Report with attached Staff Report
Excerpts from Planning Commission Minutes
Draft Ordinance
Proposed Concomitant Agreement
Public Hearing Needed? Yes /—/ No /XX/
SUMMARY STATEMENT: In December 1992 John Hansell, of the firm Perkins Coie representing Great Western
Lumber Company, requested an amendment to the Lynden- Nooksack Valley Subarea Comprehensive Plan to rezone
40 acres of Rural 5 Acre to Light Impact Industrial. The request affects three parcels totalling 41.12 acres, all owned by
`he Great Western Lumber Company, located at the corner of the South Pass Road and the Goodwin Road. The subject
property is currently being used as a primary timber processing facility by the Great Western Lumber Mill. During review
of the application the staff found that the request met the criteria for approval, but determined two issues needed
resolution; 1) possible uses within the Light Impact Industrial zone which would conflict with the surrounding land uses,
and 2) a potential traffic problem associated with the configuration of the Great Western Mill facility. The Planning
Commission approved the rezone request on June 23, 1993, subject to an agreement between the Planning Department
and Great Western resolving these issues. That agreement was reached on October 5, 1993.
RECOMMENDED ACTION: The Director of Land Use and Economic Development recommends the Council adopt
the Ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
11/23/93: Council introduction
12/7/93- Council adopted the ordinance. 7 -0.
Ord
Related File Numbers: Ordinance or Resolution Number: 93 -088
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FILE REF: 0393CZM. ORD [a: U grs INTRODUCED BY: Consent
PROPOSED BY. • PLANNING
DATE: 11/23/93
ORDINANCE NO. 93 -088
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
RURAL 5 ACRES TO LIGHT IMPACT INDUSTRIAL FOR 40 ACRES IN THE LYNDEN-
NOOKSACK VALLEY SUBAREA
WHEREAS, John Hansell of Perkins Coie, representing Great Western Lumber Company, has
requested a rezone for 40 acres near Nooksack from Rural 5 Acre to Light Impact Industrial; and;
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on
Thursday, June 10, 1993; and
WHEREAS, a Determination'of Nonsignificance was issued by the Deputy SEPA Official on March 29,
1993; and
WHEREAS, the Planning Commission held a public hearing on this matter on June 23, 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 contract rezone
limiting uses on the subject property to those associated with wood processing and agreeing to improve access
to the mill site: and
WHEREAS, the Council held a public meeting on December 7, 1993 to consider the Planning
Commission's recommendation and found the recommendation to be in the best interest of the public health,
safety and welfare
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
John Hansell, of Perkins Coie, representing Great Western Lumber Co., has requested a
amendment to the Lynden - Nooksack Valley Comprehensive land Use Plan from Rural 5 Acre
to Light Impact Industrial for approximately 40 acres.
2. The site of the proposed amendment is currently occupied by a saw milling, lumber planing,
and drying facility.
3. The site of the proposed amendment is located adjacent to the South Pass Road, which has
been classified as an All Weather Road.
4. Since the adoption of the. Lynden - Nooksack Valley Subarea Comprehensive Land Use Plan in
1986, when the site was zoned Rural 5 acre and acknowledged as a legal, non - conforming use,
the log supply and lumber products markets have significantly changed.
5. Adjustments to these changed market conditions requires changes in the saw milling facilities
at Great Western Lumber Co, which under Rural zoning requires a conditional use permit
costing the applicant time and money for each permit and reducing their flexibility to adjust to
changing conditions.
6. The proposed amendment, under the current and expected land use of wood processing,
conforms to the goals and policies of the Lynden - Nooksack Valley Comprehensive Land Use
Plan.
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FILE REF • 0393CZM.ORD [a: U grs
Page 2
7. The proposed amendment may not conform to the goals and policies of the Lynden - Nooksack
Comprehensive Land Use Plan if the land use on the site changed to another type of permitted
or conditional uses allowed under Light Impact Industrial.
8. The proposed amendment corrects the land use designation of the existing wood processing
facility by specifying the subject property as Light Impact Industrial.
9. The proposed amendment in conjunction with the current and proposed land use, conforms with
the land usage needs of the Comprehensive Plan by allowing for the designation of additional
Light Impact Industrial lands where there is no adverse impact to existing agricultural or forestry
lands.
10. A contract rezone to Light Impact Industrial for the subject properties which limits the allowed
uses to those associated with wood processing facilities and requires establishment of access
controls to Goodwin Road for mill traffic will meet the goals of the Subarea Comprehensive
Plan.
CONCLUSIONS
The current use of the subject properties is a wood processing facility that has been in operation for
over 40 years. The existing Rural zoning of the site results on the current land use being a non-
conforming use, which was acknowledged in the 1986 Lynden - Nooksack Comprehensive Land Use
Plan.
Changing log supply and lumber market conditions requires the applicant to make adjustments to their
processing facility to stay competitive as a small wood processor. Any change to a non - conforming use
requires a conditional use permit and a public hearing before the Hearing Examiner. The process is
cumbersome for the landowner when attempting to add any new processing facilities. The mill site
should be zoned in conformance with the current use, and then any facility expansion would follow
standard building permit procedures.
The proposed amendment, with the current wood processing land use, conforms to the goals and
policies of the Lynden - Nooksack Valley Subarea Comprehensive Land Use Plan. In addition, the
amendment corrects land use designation for the subject properties. However, other permitted and
conditional uses allowed under the Light Impact Industrial zoning may conflict with the Goals and
Policies of the Subarea Plan.
A contract rezone, limiting uses on the site to those currently occurring and requiring establishment of
access controls to Goodwin Road for the mill traffic, would meet the intent of the Comprehensive Plan
and give the applicants the needed flexibility to make necessary facility adjustments to changing market
conditions.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. The Official Lynden - Nooksack Valley Subarea Comprehensive Plan Map is hereby amended by
redesignating 40 acres from Rural to Light Impact Industrial near Nooksack, Sections 33 and 34,
Township 40 North, Range 4 East.
2. The Official Whatcom County Zoning Map is hereby amended by redesignating 40 acres from Rural
5 Acre one dwelling per 5 acres to Light Impact Industrial, subject to the attached concomitant
agreement.
3. 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.
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PASSED this 7th day of
ATTEST:
Clerk of the Council
APPRO D AS O FORM:
Z7!
aren Frakes
Civil Deputy Prosecuting Attorney
December .1993.
FILE REF. • 0393CZM.ORD [a: V grs
Page 3
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ldi, LdJ�
Maoorie Laidlaw, Chairperson
(.APPROVED () VETOED
" ut.
Shirley Van Vanten, my Executive
Date J1�24 q 3
GREAT WESTERN LUMBER COMPANY
CONCOMITANT AGREEMENT
Agreement Supporting Zoning Amendment (File #03- 93:CZM) For An Approximately 40
Acre Parcel From Rural Five Acre To Light Impact Industrial
THIS AGREEMENT is made and entered into by and between GREAT WESTERN
LUMBER COMPANY, a Washington corporation, (hereinafter called "Great Western ") and
WHATCOM COUNTY, a municipal corporation, (hereinafter called "the County ");
WITNESSETH:
I. WHEREAS, Great Western 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 Planning Commission has recommended in favor of such
reclassification with conditions; and
III. 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
IV. WHEREAS, Great Western has voluntarily agreed to enter into this Concomitant
Agreement in order to obtain the approval of the County of the reclassification to Light
Impact Industrial 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 Five Acre (R5A) to Light Impact Industrial (LII), Great Western does
hereby covenant and agree, on behalf of itself and its successors and assigns, as follows:
1. Great Western agrees that all light impact industrial uses on the Subject Property will be
limited to wood processing uses allowed under WCC 20.66.053 (fabrication of
furniture, etc), .068 (building materials yards), and .071 (manufacture, processing,
treatment and fabrication of lumber, millwork, mobile homes, etc.) as these
provisions exist on the date of this agreement.
2. Great Western agrees to establish traffic access controls, approved by Whatcom
County Transportation Services, to Goodwin Road prior to the issuance of any
building permits that will affect existing traffic patterns as part of any future facility
expansion at the Great Western Lumber Company.
A. gwconag.wp5 September 15, 1993 Page 4
=11e No: _-4010,— 1 _30
3. Any violation of these limitations on the use of the Subject Property shall be
sufficient grounds for the County to initiate proceedings to rezone the Subject
Property back to Rural Five Acre (135A) in accordance with Whatcom County rezone
procedures.
This Agreement shall constitute a covenant running with the land and shall be binding
upon Great Western, successors and assigns, and shall be recorded at Great Western's
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.
GREAT WESTERN LUMBER COMPANY, a Washington corporation
_ ��nn
Executed by� G�/ (?ay f U�2� 1993.
rinciple Off cer's Name)
STATE OF WASHINGTON)
) ss
COUNTY OF WHATCOM )
File p•ii . '_t401 0 f' 1 _ =-O
On this ETJ4day of O'-t' 1993, before me personally appeared
(Principle Officer) to me known to be the P2 C S IA +- of GREAT WESTERN
LUMBER COMPANY, a Washington corporation, 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 above written.
NOTARY PUBLIC in and for the Stidte of n,
t,• ;; tlt {td:elre residing at S • L0 u 1J M Q N19.S''S Con- /
''ti ,�� oQOOaoonaic �� -�i
�o UDLl-C s.y
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My commission expires S 9 y
71a0MAS J. RAMIGAN
NOTARY NuIC STATE OF MISSOURI
ST Louis Cou"M
MI CoMisSioN Exp ca 5.1794
EXECUTED BY WHATCOM COUNTY this
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
day of 993.
MARJORIE LAIDLAW, Chairperson
ATTEST:
RAMONA REEVES, Clerk of the Council t3: 6
Appr7ed as to form:
REN FRAKES, Civil
Prosecuting Attorney
SHIRLEY VAN ZA
1X'
Executive
%efol: Pa Eze a %06=4 1
File t1o: S44010-171'90
A :Wwcvnag.wp5 September 15, 1993 Page 6
GREAT WESTERN LUMBER COMPANY
CONCOMITANT AGREEMENT
Agreement Supporting Zoning Amendment (File #03- 93:CZM) For An Approximately 40
Acre Parcel From Rural Five Acre To Light Impact Industrial
THIS AGREEMENT is made and entered into by and between GREAT WESTERN
LUMBER COMPANY, a Washington corporation, (hereinafter called "Great Western ") and
WHATCOM COUNTY, a municipal corporation, (hereinafter called "the County ");
WITNESSETH:
. I. WHEREAS, Great Western 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 Planning Commission has recommended in favor of such
reclassification with conditions; and
III. 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
IV. WHEREAS, Great Western has voluntarily agreed to enter into this Concomitant
Agreement in order to obtain the approval of the County of the reclassification to Light
Impact Industrial 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 Five Acre (135A) to Light Impact Industrial (LII), Great Western does
hereby covenant and agree, on behalf of itself and its successors and assigns, as follows:
1. Great Western agrees that all light impact industrial uses on the Subject Property will be
limited to wood processing uses allowed under WCC 20.66.053 (fabrication of
furniture, etc), .068 (building materials yards), and .071 (manufacture, processing,
treatment and fabrication of lumber, millwork, mobile homes, etc.) as these
provisions exist on the date of this agreement.
2. Great Western agrees to establish traffic access controls, approved by Whatcom
County Transportation Services, to Goodwin Road prior to the issuance of any
building permits that will affect existing traffic patterns as part of any future facility
expansion at. the Great Western Lumber Company.
A :Jgwconag.wp5 September 15, 1993 Page 4
3. Any violation of these limitations on the use of the Subject Property shall be
sufficient grounds for the County to initiate proceedings to rezone the Subject
Property back to Rural Five Acre (135A) in accordance with Whatcom County rezone
procedures.
This Agreement shall constitute a covenant running with the land and shall be binding
upon Great Western, successors and assigns, and shall be recorded at Great Western's
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.
GREAT WESTERN LUMBER COMPANY, a Washington corporation
Executed by icii(�ple �` is day of - 1993.
Officer's Name
STATE OF WASHINGTON)
) ss
COUNTY OF WHATCOM )
T i y: _. 6 ?__ . a gr: y
On this 5'rf tday of ` �`;` 1993, before me personally appeared /Z06 &V-L- �
(Principle Officer) to me known to be the � �s 106 of GREAT WESTERN
LUMBER COMPANY, a Washington corporation, 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 above written. /U
NOTARY PUBLI m and for th State of � J
v residing at
S1 LUG;-) A ISSUU/L e M ISso
,o
o m My commission expires 0 ,S q>1
• � t
U4rt
(�1 Ott
a
"=�aroAjWconag.wp5 September 15, 1993 Page 5
TWHAS J. NAQk AN
NDTARY PUBLIC STATE OF MISSDA
ST LOUIS COLrliTy
My COMMISSION EXP OCT S.1994
EXECUTED BY WHATCOM COUNTY this day of �a 1993.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
MARJORIE LAIDLAW, Chairperson
ATTEST: /
RAMONA REEVES, Clerk of the Council
Approved/as to form:
KAREN FRAKES, Civil Deputy Prosecuting Attorney
SHIRLEY VAN ZA
1
EN, Cod 4y Executive
r
ri
HATCOt-1 COUNTY
iUNTY
EELL'NGHANt WA
01/07/94 2:38 Ptl
REQUEST T OF : WHATCOM C
hirie,a For_loy, AUDITOR
BY: LK. DEPUTY
S.00 AGREE
366 Page'. 864
F4,le No: 940107`190
A :Wwconag.wp5 September 15, 1993 Page 6
ri
HATCOt-1 COUNTY
iUNTY
EELL'NGHANt WA
01/07/94 2:38 Ptl
REQUEST T OF : WHATCOM C
hirie,a For_loy, AUDITOR
BY: LK. DEPUTY
S.00 AGREE
366 Page'. 864
F4,le No: 940107`190
A :Wwconag.wp5 September 15, 1993 Page 6