HomeMy WebLinkAboutord1990-040WHATCOM COUNTY
COUNCIL AGENDA
BILL
N0. 90 -136
rt rADAurrc•
/Tw:r:wl / n_rl \
11_a._ n...
A -.."- n_.—. I Ann: ---A Tw
ME E @ E 0 W I Ro
APR - J 1990
WHATCOM COUNTY
COUNCIL �
4/10/90 Intro
4/24/90 P &D / Council
SUBJECT.- FILE NO: 06- 90:CZM AN ORDINANCE AMENDING THE LAKE WHATCOM SUBAREA COMPREHENSIVE
PLAN MAP FROM RURAL TO COMMERCIAL AND THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE FROM RURAL -TWO ACRES (R2A) TO NEIGHBORHOOD COMMERCIAL (NC) FOR A .7
ACRE PARCEL AT THE INTERSECTION OF BLUE CANYON ROAD AND SOUTH BAY DRIVE
ATTACHMENTS: Draft Ordinance
Draft Concomitant Agreement
Agency Report with attached Staff Report
Public Hearing Needed? Yes /_/ No /XX/
SUMMARY STATEMENT: This is a contract rezone to Neighborhood Commercial for a .7 acre parcel
subject to rehabilitation and reuse of the old Park Store.
RECOMMENDED ACTION: Planning Commission and staff recommendation is for adoption of the
ordinance. If approved by Council the ordinance will not become effective until the
concomitant agreement is recorded.
COMMITTEE ACTION (including dates):
0
COUNCIL ACTION (including dates):
4 -24 -90 Passed
Related File Numbers: Ordinance or Resolution Number: 0 90 -40
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
.1n
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
J8
39
FILE REF: 06- 9O:CZM
ORDINANCE NO.
INTRODUCED BY: Consent
PROPOSED BY: PLANNING
DATE: 4 -10 -90
90 -40
AN ORDINANCE AMENDING THE LAKE WHATCOM SUBAREA COMPREHENSIVE PLAN MAP
FROM RURAL TO COMMERCIAL AND THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE
FROM RURAL -TWO ACRES (R2A) TO NEIGHBORHOOD COMMERCIAL (NC) FOR A .7 ACRE
PARCEL AT THE INTERSECTION OF BLUE CANYON ROAD AND SOUTH BAY DRIVE
WHEREAS, Robert Van Houten and Marchele Perry filed an application requesting
a comprehensive plan map amendment and a rezone from Rural and Rural -Two Acres to
Commercial and Neighborhood Commercial respectively for a .7 acre parcel located at
the northwest intersection of Blue Canyone Road, Park Road and South Bay Drive.
WHEREAS, pursuant to RCW 90.58.120 and Council directive legal notice was
published in the Westside Record Journal and Lynden Tribune on March 7, 1990 and in
the Bellingham Herald on March 10, 1990; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA
Official on March 24, 1990; 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 the reuse of the old Park Store
building; and
WHEREAS, the Planning Commission held a public hearing on this matter on March
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; and
WHEREAS, the owners and contract purchasers of the subject property have signed
the attached concomitant agreement, Exhibit "A "; and
WHEREAS, the Council, at a public meeting on April 24, 1990, reviewed and
approved the Planning Commission recommendations.
NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
1. The Lake Whatcom Subarea Comprehensive Plan Map amendment from Rural to
Commercial and Official Whatcom County Zone Map amendment from Rural -Two Acres
to Neighborhood Commercial is hereby approved for a .7 acre parcel located at
the northwest intersection of Blue Canyon Road, Park Road and South Bay Drive.
2. The Comprehensive Plan map 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.
4. The Council adopts the following findings and conclusions as developed by staff
and approved by the Planning Commission:
1
2
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
'8
39
FILE REF: 06 -9 ZM
Page 2
FINDINGS
A. The property which has been requested to be rezoned to Neighborhood Commercial
from Rural -Two Acres is located in the Lake Whatcom watershed. It is an
expressed but unwritten County policy not to increase the intensity of the
zoning in the watershed.
B. The Park Store is an existing historic structure that is on the Whatcom County
Historical Register.
C. The applicant's desire to restore the building and open a restaurant with living
quarters above would be facilitated by a rezone to Neighborhood Commercial
assuming a subsequent conditional use permit for the restaurant can be obtained.
D. A straight rezone to Neighborhood Commercial does not guarantee restoration
despite the stated desires of the applicant. However, a contract willingly
entered into by the applicants and the County could address restoration.
E. The back corner of the property has low lying, at least seasonally, wet soils
which though not identified in the U.S. Fish and Wildlife maps may qualify as
wetlands.
F. The .7 acre parcel is a corner lot and has limited utility under any zoning
without a variance or reuse of the existing structure because of the setback
requirements and the potential wetland that exists at the back of the property.
G. Water is provided by an existing spring. An approved water supply and septic
system may be difficult but would be a prerequisite for any development on the
site.
H. Parking may be another difficulty for a restaurant given the limited portion of
the site that can be developed.
I. There is limited Neighborhood Commercial zoning at the south end of Lake Whatcom
to serve the local residents.
J. The Park Store is located in what was formally the community of Park and has
historically been a commercial use. However, for the past fourteen years it has
been used as a residential structure or vacant and therefore lost its non-
conforming status.
K. The Lake Whatcom Subarea plan was adopted in 1982. Based on the original
assumption of five year updates the plan is due for review and may or may not
be in need of revision. While we have overall goals for preservation the plan
is very weak in cultural amenities given the rich history of the South Bay area.
L. The rezone and comprehensive plan amendment meet the established criteria.
CONCLUSIONS
A. While the rezone generally meets the criteria for comprehensive plan amendments
and rezones, it does set the stage for a number of issues that will have to be
overcome before the site can appropriately be developed.
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
FILE REF: 06 -9( '7M
Paye 3
B. Potential problems with water supply, a septic system and parking can be
addressed as part of the conditional use process necessary to establish a
restaurant.
C. The comprehensive plan amendment and rezone would help provide an economic
incentive for restoration of the historic structure which is in keeping with the
County wide goal to preserve cultural resources.
D. A contract rezone tying the right to rezone to the preservation of the building
could protect the interests of the County.
E. The extra effort on the part of the County to assist the applicants in the
desirable goal of preserving the Park store is in the public interest.
5. 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 24th day of April 1990.
ATTEST:
Clerk of the Council
APPROVED AS TO FORM.
R bert A. Carmichael,
Civil Deputy Prosecuting Attorney
WHATCOM COUNTY INCIL
TCOM COUNTY ASHINGTON
onald G. H ns y, Chairpe on
( ) APPROVED ( ) VETOED
Shirley Van Zanten, County Ex' utive
Date Ll — '�— g — � '/)
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
33
34
35
36
37
38
39
'40
Concomitant Agreement 4123190
Park General Store Rezone
FILE REF: 06-90: CZM, _ e 1
Reference Ordinance No:
EXHIBIT A
PARK GENERAL STORE REZONE
CONCOMITANT AGREEMENT
Agreement Supporting Zoning Amendment (File #06- 90:CZM) for a
.7 Acre Parcel from Rural -Two Acres to Neighborhood 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 ");
WITNESSETH:
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 shown on a map and more fully
described in Exhibit A attached hereto; and
II. WHEREAS, Owners have applied for a zoning reclassification of the subject
property from RURAL TWO ACRES to NEIGHBORHOOD 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 Rural Two Acres (R2A) to Ne.ighborhood
Commercial (NC), the Owners do hereby covenant and agree, on behalf of themselves and
their successors and assigns, as follows:
1. Commercial use of the property is limited to reuse of the old Park General
Store. Any violation of this limitation or demolition of the building shall be
sufficient grounds for the County to rezone subject property back to Rural -Two
Acres (R2A).
2. In restoring the building the applicant shall be guided by the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings attached as Exhibit "B ".
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.
1: 14c_; Page: 18 4
r,
1
2
3
4
5
7
8
10
11
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
29
Concomitant Agreement
Park General Store Rezone
FILE REF: 06- 90:CZM; P� 2
Reference Ordinance No:
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 with applicable ordinances and regulations.
Executed by this day of 44,-,'/ , 1990.
Executed by this ;�y day of , 1990.
e
STATE OF WASHINGTON
COUNTY OF WHATCOM
.firs 1e �
On this day personally e recf � me
to me known to be the Vhgi ita]4(s)4Qje
foregoing instrument, an $c ow
voluntary act and deed, fo 6' owS1�S
G. VAN HOUTEN & MARCHELE D. HARPER
a in and who executed the within and
hey signed the same as their free and
)ses therein mentioned.
GIVEN under my hand and of icial seal this 24TH ay, of APRIL
1990. - 1
NOTARY PUBLIC in a d for the
State of Washington, residing at BELLINGHAM
EXECUTED BY WHATCOM COUNTY this
ATTEST:
C1 eik • of ,the_ o(viciqo,
APP AS BYO hRM:�
Civil Tp%gt7 Pro ecuting Attorney
0
day of 1990.
ATCOM COUNTY NCIL
WH COM COUNT HI TON
ona G. Va,6iXy, thairpers
F
i�
Sfiirley Van Zanten, CountyjExecutive
Date — �r 1
c
Vol: 148 Page: 18
File No: 9005—C-14038,
=s -A EXHIBIT "A"
PARK STOKE
REZONE PARCEL
s �o
File 06 -90 : CZM
o
IZ ck.•�
" 0 ` 7 E ZOBRIST
WHATCOM COUNTY
EELLINGHAM1 WA z 05'-`04/90 01:01 AM'
REQUEST OF: WHAT CO G
Shirley Forslofr AUDITOR boo
BY: F:=, DEPUTY
$ .00 AGREE \ ur cvro+r
Legal Description: :A
370423 X062YO34 l
Ptn.in Gov't. Lot 1 DAF.:
Beg. at inters. of.wly li of Co. ++
Rd.' 64. wi. -nly li of N.P.R.R. r /w- A
mg th nwly alg sd R.R. r/w 200ft. c "
-th nely at r/a to sd R.R. Ow to swly P RKS�JNTY
li of Blue Canyon_ Rd. th sely alg _ V
Blue Canyon Rd. 180ft: m/l to wly
li of Co.Rd. 64 -th sly alg Co. _ 0-A
Rd. 64 to ob. - ,~""
- crr�of � a:4••
Ai +6 AN
w►u►TCOn ~fit' .o,.. '�
... ourury FLCtf�G
SLKS
`A r'IYY 9.4 0
7 u -A
S OM tOVNT,.
)(q31 I-A
l0. �J. FULLER -
- O -A WEDGEL.Ok E
4 �� XSo(0
4 -so.A
V -2a I
J,
I