HomeMy WebLinkAboutord1993-089WHATCOM COUNTY COUNCIL AGENDA BILL NO. 93 -464
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda
date
Assigned to:
linato,: Gordon Rogers
Division Head: Daniel W. Taylor
08 -02-
2 C 2 V E ®
L° L� v
NOV 17 '993
I� (� UNTY
WHATCOM COUNTY
COUNCL
11/23/93
Council Introduction
08 -03 -9
12/7/93
P &D / Council
Dept. Head:
Prosecutor:
Purchasing /Budget:
Executive:
SUBJECT.- File Ref #13- 93:CZM (Knechtel) Request to amend the Foothills Subarea Comprehensive Plan
Map and the Official Whatcom County Zoning Map for approximately 35 acres from Rural Forestry (RF)
to Rural Ten Acre (R10A). The property is located approximately half way between Silver Lake and the
Mount Baker Hiway at 8384 Silver Lake Road, Section 19, T40N, R6E.
ATTACHMENTS:
Agency Report with attached Staff Report
Draft Planning Commission Minutes
Proposed Ordinance
SUMMARY STATEMENT. Please complete sections of box as appropriate & explain the item below.
-ated County contract #:
Should Clerk schedule a hearing? NO /X/ YES / / Requested date:
Amount budgeted for this item/ project: $
Is it (or will it be) within budget? YES / / NO / / (Please explain below)
Budget line item number(s):
This request for Foothills Comp Plan Map and Official Whatcom County Zoning Map amendments was
requested as a result of errors in existing zoning as perceived by the applicants. They believe that when
the current zoning for this property was established in 1988, an error was made when another parcel
owned by these applicants was zoned R10A but this property remained in Forestry. The applicants
believed that this property too, was to be zoned R10A based on conversations with planning staff at that
time. Therefore, staff re- evaluated. the property and recommended approval of this request based on
relatively flat topography over most of the property, the R10A zoning of other parcels owned by the
applicants, and the minimal impacts of potential development resulting from approval of the request. The
Planning Commission concurred with staff and recommended approval.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Land Use and Economic Planning recommends
County Council adopt the recommendation of the Planning Commission to approve the request.
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN:
11/23/93: Council introduction
12/7/93: Council adopted the ordinance. 7 -0.
Related File Numbers: Ordinance or Resolution Number (this item only): Ord 93 -089
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gwr113- 93CZM.ord108/03/93 SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 11 /23/93
ORDINANCE NO. 93-089
AN ORDINANCE AMENDING THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN
MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FOR
APPROXIMATELY 35 ACRES BETWEEN SILVER LAKE AND MOUNT BAKER
HIWAY AT 8384 SILVER LAKE ROAD, SECTION 19, T40N, R6E FROM RURAL
FORESTRY (RF) TO RURAL TEN ACRE (R10A).
VirMREAS, Vicki and Larry Knechtel have filed an application to amend the
Foothills Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map
for approximately 35 acres from Rural Forestry (RF) to Rural Ten Acre (R10A).
WHEREAS, pursuant to RCW 36 70.590 legal notice was published in the
Bellingham Herald on Thursday, July 9, 1993; and
WHEREAS, a determination of Non - Significance was issued by the Deputy SEPA
Official on March 29, 1993; and
WHEREAS, the Planning commission held a public hearing on the requested
amendments on July 21, 1993 and heard all testimony; and
WHEREAS, the Planning Commission made a determination that the application
should be approved; and
WHEREAS, the Council held a public meeting on December 7, 1993 to consider the
Planning Commission's recommendations and found the amendment request in the best
interest of the public health, safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
1. This request is to rezone approximately 35 acres near Silver Lake Road from Rural
Forestry to Rural Ten Acre.
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2. No error was made in not classifying this property Forestry although evidence seems to
indicate that, with more complete information, the planning staff could have recommended
R10A in 1988.
3. Public water and sewer are unavailable to this property; that condition will most likely
continue into the foreseeable future.
4. Steep slopes exist on the property, but are in a minority. It is unlikely that approval of
this request would result in any disturbance of unstable slopes.
5. The property has frontage on Silver Lake Road.
6. Locational Criteria for Rural Forestry and Rural designations are similar.
CONCLUSIONS
In considering the information available in this matter it appears that although no outright
error was made in designating this property Forestry, availability of additional information
during revision of the Foothills Subarea Comprehensive Plan in 1988 could have resulted in
the zoning sought by the owners in this application, R10A.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Section 1. The Official Whatcom County Foothills Subarea Comprehensive Plan Map is
hereby amended by redesignating approximately 35 acres between Silver Lake and the Mount
Baker Hiway at 8384 Silver Lake Road; Section 19, T40N, R6E, from RURAL FORESTRY
to RURAL. See map (ATTACHMENT A) incorporated herein by reference.
Section 2. The Official Whatcom County Zoning Map is hereby amended by redesignating
approximately 35 acres between Silver Lake and the Mount Baker Hiway at 8384 Silver Lake
Road; Section 19, T40N, R6E, from RURAL FORESTRY to RURAL TEN ACRE. See map
(ATTACHMENT A) incorporated herein by reference.
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Section 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.
ADOPTED this 7th day of
ATTEST:
Ramona Reeves, Council Clerk
4O,AA-PP'VED as to form & content:
Civil Deputy Prosecutor
Dec. , 1993.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
arge idlaw, Chairperson
(4 Approved ( ) Denied
Shirley Van anten, ecutive
Date: /o7 — -9-q3
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Extent of Kn
Property—
C
ATTACHMENT A
XMIJUM
CF
Proposed Rezone
toR10A I