The URL can be used to link to this page

Home My WebLink Aboutord1993-090WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB93 -458 Originator -grs a: \czm15913.Ab R E " E � V Division Head - Department Head- NOV W Prosecutor Review- WHATCOM COUNTY Purchasing/Budget Dir.- COUNCIL Executive- ' ' ' SUBJECT: FILE REF:CZM15- 91(3)GMA AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FOR THE CHUCKANUT -LAKE SAMISH, LAKE WHATCOM, AND FOOTHILLS SUBAREA DESIGNATING CERTAIN AREAS AS RURAL FORESTRY ATTACHMENTS: Agency Report with attached Staff Report Excerpts from Planning Commission Minutes Exhibit "A" Zoning Maps Draft Ordinance Public Hearing Needed? Yes / / No /XX/ SUMMARY STATEMENT: The parcels identified in Exhibit "A" as recommendations for Rural Forestry zoning originated from landowners who missed the first round of Rural Forestry and Commercial Forestry designations in December 1992. The requests from these landowners were processed at no cost to the applicants as a gesture to accommodate property owners during the transition from the single Forestry zone to the dual Rural and Commercial Forestry zones. A total of 1101.5 acres are recommended for addition to the Rural Forestry zone in the three subareas, broken down as follows: Chuckanut - Samish, 91 acres recommended for Rural Forestry; Lake Whatcom, 113.5 acres recommended for Rural Forestry; Foothills, 897 acres recommended for Rural Forestry. RECOMMENDED ACTION: The Director of Land Use and Economic Development recommends accepting the Planning Commission's recommendation adopting the ordinance. COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 11/23/93: Council introduction 12/7/93: Council adopted the ordinance. 6 -1 Henderson opposed. Related File Numbers: �C Ordinance or Resolution Number: Ord 93 -090 ion FILE REF: CZM15913.ORD !a: U grs INTRODUCED BY: Consent PROPOSED BY: PLANNING DATE. • October 28, 1993 11/23/93 1 ORDINANCE NO. 93 -090 2 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FOR THE 3 CHUCKANUT -LAKE SAMISH, LAKE WHATCOM, AND FOOTHILLS SUBAREA 4 DESIGNATING CERTAIN AREAS AS RURAL FORESTRY 5 WHEREAS, the Whatcom County Planning Department has requested amendments to the Official 6 Whatcom County Zoning Map designating certain areas as Rural Forestry in the Chuckanut -Lake Samish, Lake 7 Whatcom, and Foothills subareas; and 8 WHEREAS, The Planning Department reviewed requests from eighteen landowners. and applied the 9 adopted criteria for Rural Forestry to the specific parcels in making recommendations in a staff report to the 10 Planning Commission ; and 11 WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was published in the 12 Bellingham Herald on Thursday, April 1, 1993, and Thursday September 30, 1993; and 13 WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA Official on January 14 9, 1992; and 15 WHEREAS, the Planning Commission held a public hearing on this matter on April 14, May 12, and 16 October 13, 1993, and heard all public testimony on the issues and after due deliberation made a determination 17 that the application be approved with modifications; and 18 WHEREAS, the Council held a public meeting on December 7, 1993 to consider the Planning 19 Commission's recommendations and finds the recommendations to be in the best interest of the public health, 20 safety and welfare; and 21 WHEREAS, the Council has adopted the following Findings and Conclusions: 22 FINDINGS 23 1. Forest lands are an important resource in Whatcom County, but are threatened by non - forestry 24 dwellings and land uses that conflict with traditional forest management activities. The County 25 Council has adopted Rural Forestry and Commercial Forestry zoning designations for the 26 Forest District in Whatcom County. The adoption of these two zones, and associated uses 27 permitted in each zone, helps to conserve forest land of long term commercial significance. 28 2. Rural Forestry and Commercial Forestry zoning designations were first adopted by the 29 County Council in 1991 for the South Fork Nooksack Subarea. 30 3. Rural Forestry and Commercial Forestry zoning designations for Lummi Island, Lynden- 31 Nooksack Valley, Foothills, Lake Whatcom, and Chuckanut -Lake Samish Subareas 32 were recommended by the Planning Commission in May- 1992 and adopted by the 33 County Council, with minor modifications, in December 1992. 34 4. Despite mail notice to over 700 landowners in the Forestry District, some affected 35 property owners did not become aware of proposed zoning changes until after the 36 deadline for consideration by the Planning Commission. 37 5. The designation of Rural and Commercial Forestry zones is a significant change in 38 permitted land uses in the Forestry District. 39 40 6. The Whatcom County Planning Department has requested amendments to the Official 1 Whatcom County Zoning Map for landowners currently zoned Commercial Forestry who 42 meet criteria for Rural Forestry. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 FILE REF. CZM 15913.ORD [a: U grs Page 2 7. Twenty-four parcels totalling 1,394.5 acres in three subareas were examined. 8. In the Chuckanut -Lake Samish Subarea, 91 acres met the Rural Forestry criteria and one -tenth of an acre did not meet the criteria. In the Lake Whatcom Subarea, 113.5 acres met the criteria for Rural Forestry and 243 acres did not meet the criteria. In the Foothills Subarea, 897 acres met the criteria for Rural Forestry zoning. 9. Attachment "A" is a list of parcels being considered for Rural Forestry with a summary analysis of Rural Forestry criteria and applicability. CONCLUSIONS The total of 1,101.5 acres in the three subareas where Rural Forestry was considered, met the criteria for Rural Forestry zoning. The amendments presented in this staff report correct the previous designations approved in December 1992. These changes are appropriate and do not constitute a threat to the forestry resource base. NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL: 1. The Official Whatcom County Zoning Map in hereby amended as set forth in Attachment "A ", including the subarea maps and the list of parcels, as of December 7, 1993, to be zoned Rural Forestry, which is attached hereto and incorporated herein by reference. 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. PASSED this 7th day of December 1993. ATTEST: Clerk of the Council APPR ED AS TO FORM: aren Frakes Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON v40_11� �- Marjorie Laidlaw, Chairperson (..)'APPROVED () VETOED Shirley Van Zan en, Cou Executive Date 1-117 " 9y ATTACHMENT "A" LIST OF PARCELS BY PARCEL NUMBER (AS OF DECEMBER 7, 1993) TO BE ZONED RURAL FORESTRY CHUCKANUT -LAKE SANIISH SUBAREA PARCEL # ACRES CURRENT OWNER 370323 334065 46.38 (THE WEST 46.38 ACRES ONLY) 370326 511520 32.39 370315 404006 12.12 LAKE WHATCOM SUBAREA PARCEL# ACRES WINTON WEFER WINTON WEFER WILLIAM GRAHAM III CURRENT OWNER 370426 159318 15 JOANNE FULLER, IVY HEDGECOKE " 163378 15 " " 225326 15 " (THAT PORTION SOUTH OF THE 400' CONTOUR LINE ONLY) 370422 205511 24.37 NIELSON BROTHERS, INC. (THAT PORTION NOT CURRENTLY ZONED RURAL 2 ACRE) 370530 222172 40.44 NIELSON BROTHERS, INC. 370433 022009 3.5 ARDEN KILER FOOTHILLS SUBAREA PARCEL # ACRES 390528 066062 40 400521 330142 80 400528 339400 78.1 400528 471401 80 400528 314070 40 400528 464070 40 400528 140278 80 (EASTERN 80 ACRES ONLY) 400523 066366 160 " 199135 80 400622 070465 40 it 164465 20 400622 070335 40 400622 035210 20 " 132223 25 390502 068366 73.85 CURRENT OWNER ROBERT THORNDIKE EDWARD SIMONIAN tv WATER DISTRICT # 13 JOHN GUTENSOHN DAVE LEONARD_ WASHINGTON STATE ALBERT McMILLAN 1. ROBERT STOOTHOFF DANIEL MEEHAN HONG LY it GODS EAGLE HABITAT