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HomeMy WebLinkAboutord1990-023,WHATCOM COUNTY COUNCIL AGENDA BILL NO. n1 frnoAKWnCC+. _ I- I _ _ _ I -- I - - - - -- - 3 3/27/90 [AAR 0 00 1990 ::1 WHATCOM COUNTY COUNCIL Council /Intro P &D /Council SUBJECT. FILE NO: 04- 90:CZM AN ORDINANCE AMENDING THE URBAN FRINGE COMPREHENSIVE PLAN MAP FROM GENERAL MANUFACTURING TO GENERAL COMMERCIAL AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM GENERAL MANUFACTURING TO GENERAL COMMERCIAL FOR A 2.3 ACRE PARCEL AT THE SOUTHWEST CORNER OF THE HANNEGAN ROAD - -E. BAKERVIEW ROAD INTERSECTION ATTACHMENTS: Agency Report Staff Report. Draft Ordinance Draft Concomitant Agreement Public Hearing Needed? Yes / / No /X/ SUMMARY STATEMENT: This rezone from General Manufacturing to General Commercial for a 2.3 acre parcel at the southwest corner of the Hannegan- Bakerview Roads intersection is subject to a concomitant agreement that addresses the issues raised by staff and the Planning Commission. Issues addressed -include traffic, drainage and limited uses. RECOMMENDED ACTION: Planning Commission and staff recommendation is for adoption of ordinance. If approved by the Council the ordinance will not become effective until after the concomitant agreement is recorded. COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): Passed 3 -27 -90 provided signed concomitant agreement is attached. Related File Numbers: Ordinance or Resolution Number: 0 90 -23 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 M 29 30 31 32 33 34 35 36 37 38 39 40 FILE REF: 04- 90:CZM INTRODUCED BY: Cnnsent _ PROPOSED BY: PLANNING DATE: 3/13" ORDINANCE NO. 90 -23 AN ORDINANCE AMENDING THE URBAN FRINGE COMPREHENSIVE PLAN MAP FROM GENERAL MANUFACTURING TO GENERAL COMMERCIAL AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM GENERAL MANUFACTURING TO GENERAL COMMERCIAL FOR A 2.3 ACRE PARCEL AT THE SOUTHWEST CORNER OF THE HANNEGAN ROAD - -E. BAKERVIEW ROAD INTERSECTION. WHEREAS, Floyd Sandell has filed an application requesting a Comprehensive Plan Map amendment from General Manufacturing to General Commercial and a zone map amendment from General Manufacturing to General Commercial for a 2.3 acre parcel at the southwest corner of the Hannegan Road /E. Bakerview Road intersection; and WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was published in the Westside Record Journal and Lynden Tribune on Wednesday, February 7, 1990 and in the Bellingham Herald on Saturday, February 11, 1990; and WHEREAS, a determination of non - significance was issued on January 11, 1990 by the Deputy SEPA Responsible Official; and WHEREAS, the Planning Department reviewed the request and prepared a staff report recommending favorably to the Comprehensive Plan Map amendment and rezone request subject to a concomitant agreement addressing specific issues; and WHEREAS, the Planning Commission held a public hearing on the proposal on February 20, 1990 and heard all testimony on the issues and after due deliberation made a determination that the application be approved subject to the concomitant agreement as recommended by staff but including some additional conditions; and WHEREAS, the owners and contract purchasers of the subject property have signed the attached concomitant agreement, Exhibit "A ", addressing the concerns of the Planning Commission; and WHEREAS, the Council, at a public meeting on March 27, 1990, reviewed and approved the Planning Commission recommendations; NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows: 1. The Comprehensive Plan Map amendment from General Manufacturing to General Commercial and a zone map amendment from General Manufacturing to General Commercial is hereby approved for a 2.3 acre parcel, at the southwest corner of the Hannegan Road /E. Bakerview Road intersection in the NE1 /4 of the NE1 /4 of Section 17, Township 38 North, Range 3 East, W.M. Assessor's parcel #380317- 543548. 2. 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. 3. The Council finds the public health, safety and general welfare are promoted by the above change. 0 1 ki 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ?1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 12 43 FILE REF: 04 -9L ZM Page 2 4. The Council adopts the following findings and conclusions developed by the staff and the Planning Commission: FINDINGS A. The request is for a commercial designation for a parcel that is surrounded by manufacturing and industrial designations. The GENERAL COMMERCIAL designation was chosen over the NEIGHBORHOOD COMMERCIAL designation in order to provide for greater flexibility in development and also in light of the fact that a rezone of this parcel would be serving an industrial area rather than a neighborhood. By limiting the uses "of the parcel under the requested zoning, commercial development of this parcel would not compete with existing commercial areas. B. The parcel has road frontage on E. Bakerview, a minor urban arterial, and Hannegan which is classified as an urban collector even though it serves as a major north -south arterial. Traffic problems along Hannegan are limited visibility to the south and the increased speed to the north. Traffic along E. Bakerview Rd. is affected by the large number of access points to businesses, high volume of industrial traffic, and a stop sign at Hannegan. The impact that development would have on the existing traffic pattern would need to be addressed and certain mitigation measures developed. C. The property has GENERAL MANUFACTURING zoning and uses on all sides. Diagonally across Hannegan is a portion of the URBAN RESIDENTIAL 4 /acre zone. There is an existing single family residence on the parcel with a scattered outbuildings. D. Water is provided by Whatcom County Water District #16 which has a 400,000 gallon storage tank adjacent to the site. The parcel is served by an 8" waterline and a 12" sewer trunk line, though the site is not presently hooked to the sewer line. Fire protection is provided by Whatcom County Fire District #4 which has a station approximately one mile from the site at the E. Bakerview Rd. and James St. Rd. intersection. E. Public testimony indicated: that drainage problems exist along the east side of Hannegan Road as the roadway blocks the natural flow to the east; that there may be inadequate right -of -way on E. Bakerview and Hannegan Roads to provide an adequate turning radius for large trucks; that a joint driveway may be the best solution for access to Hannegan Road. CONCLUSIONS The Bakerview / Hannegan industrial area would be well served by a small commercial area that caters to employees and patrons of the area businesses and industries. GENERAL COMMERCIAL would be a more appropriate designation than NEIGHBORHOOD COMMERCIAL for this parcel because it would allow for more flexibility in the use of the property. However, some of the allowed uses do present problems such as multi- family dwellings. Because of the small parcel size, it should provide convenience sales and services without competing with larger commercial areas. If some of the GENERAL COMMERCIAL uses could be eliminated to prevent potential incompatibility and ensure that development of the parcel does not compete with established retail areas, and if traffic issues are addressed, the rezone would be in the public benefit. 0 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 FILE REF: 04 -5 :ZM Page 3 The following uses are either incompatible or would not be in direct support of the surrounding industrial area: automobile, motorcycle, marine, and farm equipment sales other than parts sales; mobile home and recreational vehicle sales; multi - family dwelling units; and recreational vehicle parks for transient motor homes and trailers. Traffic and drainage concerns can be adequately addressed by the conditions in the proposed concomitant agreement. 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 27th day of ATTEST: Clerk of the Council March APPROVED AS TO FORM: 2y::et �V, e__0'0 Robert A. Carmichael Civil Deputy Prosecuting Attorney , 1990. WHATCOM COUNP COUNCIL CO4GH-ns CO W HINGTON onald e , Cha irpers APPROVED ( ) VETOED Shirley Van Zanten; Cdltnty Executive 0 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Concomitant Agreement FILE REF: 04- 9O:CZM; P 1 Bakerview/Hannegan Rezone Reference Ordinance No: EXHIBIT A BAKERVIEW /HANNEGAN REZONE CONCOMITANT AGREEMENT Agreement Supporting Zoning Amendment (File #04- 90:CZM) for a 2.3 Acre Parcel from General Manufacturing to General Commercial THIS IS AN AGREEMENT made and entered into by and between the undersigned owners and purchasers of a certain parcel of property located in Whatcom County (hereinafter called "Owners ") and Whatcom County, a municipal corporation (hereinafter called "the County "); WITHESSETH: I. WHEREAS, the undersigned parties designated Owners are the owners and purchasers of that certain parcel of real property (hereinafter called the "subject property ") located in Whatcom County, which parcel is more fully described in Exhibit A attached hereto and which parcel is shown on the map attached hereto as Exhibit B; and II. WHEREAS, Owners have applied for a zoning classification of the subject property from GENERAL MANUFACTURING to GENERAL COMMERCIAL and 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, Owners have voluntarily agreed to enter into this Concomitant Zoning Agreement in order to obtain the approval of the County for their application for reclassification of the Subject Property; NOW, THEREFORE, in consideration of the Council's enactment of. an ordinance reclassifying the Subject Property from GM (General Manufacturing) to GC (General Commercial), the Owners do hereby covenant and agree, on behalf of themselves and their successors and assigns, as follows: 1. The following uses are either incompatible or would not be in direct support of the surrounding industrial area and therefore are prohibited: automobile, motorcycle, marine, and farm equipment sales other than parts sales;.mobile home and recreational vehicle sales; multi - family dwelling units; and recreational vehicle parks for transient motor homes and trailers. 2. Traffic concerns shall be addressed by the following: a. Access points to the Subject Property must be at least 250 feet from the intersection of E. Bakerview and Hannegan Roads, measured from the centerline of the intersection to the centerline of the driveways. b. Access from Hannegan Road shall have a right turn in- -right turn out only with the driveway appropriately signed, and channelized to preclude illegal left turning movements. As an alternative a joint driveway may be developed with the concurrence of the property owner to the south and the Division of Engineering. This driveway may have full turning movements subject to Zip 0 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 '.1 22 23 24 25 ew 27 28 29 30 31 32 33 34 35 36 37 38 39 Concomitant Agreement Bakerview /Hannegan Rezone FILE REF: 04- 9O:CZM; P 2 Reference Ordinance No: the Technical Review Committee and the Division of Engineering finding that adequate sight distance is available. C. The E. Bakerview /Hannegan intersection shall be channelized to include at minimum a curb, gutter, and sidewalk on both sides of the property. The Owner will dedicate sufficient property at the corner to insure an ample turning radius for large trucks. d. Drive through restaurants and /or service stations must have adequate on- site stacking areas to insure lines will not block driveways or back into the roadways. e. The Technical Review Committee shall meet including representatives from the City of Bellingham to review site plans for any development of the .Subject Property in respect to points "a" through "d" above and to establish final channelization of the intersection. 3. A drainage problem exists on the west side of Hannegan Road that may be exacerbated by the development of the Subject Property. The Owners will work with the Division of Engineering to assure that no additional volumes flow to the southwest as result of the development. This agreement shall constitute a covenant running with the land and shall be binding upon Owners, their heirs, successors and assigns, and shall be recorded at Owner's expense in the Whatcom County Auditor's office within five 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 powers nor to prevent the County from initiating a zoning change in accordance 'th applicable ordinances and regulations. Executed by CX ,this � day of 1990. Executed by �-2 _ 64Y this � day of � r� 1990. �. — STATE OF WASHINGTON ) ' - = i' =' - - - " ° °' =''= = -' ss. COUNTY OF WHATCOM ) On this day personally appeared before me Llovd Ll to me known to be the individuals) described i and who executed the pftV " "at4 foregoing instrument, and acknowledged that they signed the same as tkei r fgW"1''. voluntary act and deed, for the uses and purposes therein mentioned. a y °r o GIVEN under my hand and official seal this day of K s- ��6,,9 ,-t: m 1990. s�' �T �� : s �c .r e NOTARY PUBLIC in and for the ,���''Sy�NGTON• ,•`� State of Washington, residing at #. a-y�,W-1 ss ur i r rs 7 ul S /yam/ L 0 1 2 3 4 5 6 7 8 9 10 11 Concomitant Agreement Bakerview/Hannegan Rezone FILE REF: 04- 90:CZM; F 3 Reference Ordinance No: EXECUTED BY WHATCOM COUNTY this `1t day of r� �-� �_ 1990. ATTEST: Clerk of the Council APPROVED AS TO FORM: IL2L el� C, _(D Ci it Deputy Prosecuting Attorney. STATE OF WASHINGTON ) SS. COUNTY OF ) On %,his day personally appear before me to me known to be the individual described in and who executed the within and forego- ing instrument, and ac nowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein m�%iltioned. Given upder my tLai� and ff�Pgial this l�{,y dit c ` �= , 1 % flot�y Public ; ssr` . Jo: the pt to Washi ton, resit ', It '. My commission expire o� WHATCOM COUNTY COUNCIL WHATCOM COUNTY, GTON onald G. Han h'irperso Shirley Van Zanten, County Executive Date iAp-6L 19 , I oiD 0. ::. i s ti L.