Loading...
HomeMy WebLinkAboutord1990-048WHATCOM COUNTY COUNCIL AGENDA BILL NO. 90 -16,S 5/8/90 Council /Intro U L� 5/22/90 P &D /Council fal?.Ay 0 ? 1990 WHATCOM COUNTY COUNCIL SUBJECT: FILE REF: 08- 9O:CZM AN ORDINANCE AMENDING THE CHERRY POINT- FERNDALE SUBAREA COMPREHENSIVE PLAN MAP FROM RESIDENTIAL RURAL TO URBAN RESERVE AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL RESIDENTIAL -ONE DWELLING UNIT PER ACRE TO URBAN RESIDENTIAL - FOUR DWELLING UNITS PER ACRE FOR APPROXIMATELY 17 ACRES ON THE NORTH SIDE OF WEST SMITH ROAD, APPROXIMATELY ONE -HALF MILE EAST OF THE SMITH ROAD /I -5 INTERSECTION ATTACHMENTS: Draft Ordinance Agency Report with attached Staff Report Public Hearing Needed? Yes /_/ No A-1 SUMMARY STATEMENT: The request is to amend the Cherry Point - Ferndale Comprehensive Plan and zoning for 17 acres on the north side of West Smith Road, east of I -5 from Rural Residential - One dwelling per acre to Urban Residential -Four dwelling units per acre. RECOMMENDED ACTION: Planning Commission and staff recommend adoption of proposed ordinance. COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 5 -22 -90 Passed Related File Numbers: Ordinance or Resolution Number: 90 -48 FILE REF: 08- 90:CZ14 INTRODUCED BY: PROPOSED BY: DATE: 1 11 ORDINANCE NO. 90 -48 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 J 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 Consent PLANNING 5 =8 -90 AN ORDINANCE AMENDING THE CHERRY POINT - FERNDALE SUBAREA COMPREHENSIVE PLAN MAP FROM RESIDENTIAL RURAL TO URBAN RESERVE AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL RESIDENTIAL -ONE DWELLING UNIT PER ACRE TO URBAN RESIDENTIAL -FOUR DWELLING UNITS PER ACRE FOR APPROXIMATELY 17 ACRES ON THE NORTH SIDE OF WEST SMITH ROAD, APPROXIMATELY ONE -HALF MILE EAST OF THE SMITH ROAD /I -5 INTERSECTION WHEREAS, Gene Bouma filed an application requesting a comprehensive plan map amendment and a rezone from Residential Rural and Rural Residential one Dwelling Unit Per Acre (RR -1) to Urban Reserve and Urban Residential Four Dwelling Units per Acre (UR -4) respectively for two parcels totaling approximately 17 acres in the southwest quarter of the southwest quarter of Section 29, Township 39 North, Range 2 East; on the north side of East Smith Road, approximately one half mile east of the Smith Road /I -5 interchange; and WHEREAS, pursuant to RCW 90.58.120 and Council directive legal notice was published in the Westside Record Journal and the Lynden Tribune on Wednesday, April 4; 1990 and in the Bellingham Herald on Saturday, April 7, 1990; and WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA Official on March 5, 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.; and WHEREAS, the Planning Commission held a public hearing on this matter on April 16, 1990, and heard all testimony on the issues and after due deliberation made a determination that the application be approved. WHEREAS, the Council, at a public meeting on May 15, 1990, reviewed and approved the Planning Commission recommendations. NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows: I. The Cherry Point- Ferndale Subarea Comprehensive Plan Map amendment from Residential Rural to Urban Reserve and Official Whatcom County Zone Map amendment from Rural Residential -one Dwelling Unit Per Acre (RR -1) to Urban Residential Four Dwelling Units per Acre (UR -4) is hereby approved for two parcels totaling approximately 17 acres on the north side of East Smith Road, approximately one half mile east of the Smith Road /I -5 interchange. 2. The Council finds the public health, safety and general welfare are promoted by the above change. 3. 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 .8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5 36 FILE REF: 08 -96 ZH Page 2 FINDINGS A. Soils on the site are generally severely constrained for septic systems due to rapid permeability, inadequate filtration, and a potential for groundwater contamination. B. Public sewer and water service were not available at the time the current zoning was adopted. Sewer service is now available and water service is anticipated to be available soon. C. West Smith Road is a major collector road with sufficient capacity to handle additional the residential traffic if the site were developed at the proposed density. D. The proposed rezone is- compatible with surrounding land uses. E. The proposed rezone is generally inconsistent with the Regional Design and Growth Management Goals of the Cherry Point - Ferndale Subarea Comprehensive Plan because it does not keep urban development within or immediately adjacent to existing urban areas in.order to eliminate sprawl and strip development and because it would not serve to encourage a predictable pattern of-urban and rural development which utilizes previously committed land areas before committing new areas for development. F. The proposal is consistent with the Land Use Goals of efficient and economical utility servicing and of optimizing investments in public services because future development of the property at the proposed 4 dwellings per acre density would help pay the costs of the Norbell sewer line and the proposed Ferndale City water line along West Smith Road to Northwest Drive. CONCLUSIONS A. While the proposed rezone is not entirely consistent with the Growth Management and Regional Design Goals of the Cherry Point - Ferndale Subarea Comprehensive Plan, it is consistent with the goal of optimizing investments in public services. B. There are no land use compatibility or transportation issues. C. Given the poor groundwater quality in the area, the unsuitability of the soils for septic systems, and -the existing and planned public investments in sewer and water service to the subject area, there is a definite public advantage to rezoning the subject land. 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. . FA 2 3 4 5 6 7 8 10 11 12 13 PASSED this 22nd day of ATTEST: Clerk of the Council May FILE REF: 08- 90..1M Page 3 , 1990. WHATCOM COUNTY COUNCIL WHATCOM COUNTY,- IASHINGTON bald G/-I-lanseyr Chairpersons (+� APPROVED ( ) VETOED �A L jit.. ;&.k Shirley Van Zhnten, (0ounty Executive APPgOIZD —A.-AS TO FORM: Date Robert A. Carmichael, Civil Deputy Prosecuting Attorney April 16, 1990 Agency Report File Ref. • 08- 90:CZM WHATCOM COUNTY PLANNING AGENCY REPORT IN THE MATTER OF AMENDING THE CHERRY POINT - FERNDALE ) SUBAREA COMPREHENSIVE PLAN MAP FROM RESIDENTIAL RURAL ) TO URBAN RESERVE AND THE OFFICIAL WHATCOM COUNTY ) ZONING.MAP FROM RURAL RESIDENTIAL -ONE DWELLING UNIT ) FINDINGS, REASONS PER ACRE TO URBAN RESIDENTIAL -FOUR DWELLING UNITS PER ) AND RECOMMENDATION ACRE FOR APPROXIMATELY 17 ACRES ON THE NORTH SIDE OF ) WEST SMITH ROAD, APPROXIMATELY ONE -HALF MILE EAST OF ) THE.SMITH ROAD /I -5 INTERSECTION ) WHEREAS, Gene Bouma filed an application requesting a comprehensive plan map amendment and a rezone from Residential Rural and Rural Residential one Dwelling Unit Per Acre (RR -1) to Urban Reserve and Urban Residential Four Dwelling Units per Acre (UR -4) respectively for two parcels totaling approximately 17 acres in the southwest quarter of the southwest quarter of Section 29, Township 39 North, Range 2 East; on the north side of East Smith Road, approximately one half mile east of the Smith Road /I -5 interchange. WHEREAS, pursuant to RCW 90.58.120 and Council directive legal notice was published in the Westside Record Journal and the Lynden Tribune on Wednesday, April 4, 1990 and in the Bellingham Herald on Saturday, April 7, 1990; and WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA Official on March 5, 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; and WHEREAS, the Planning Commission held a public hearing on this matter on April 16, 1990, and heard all testimony on the issues and after due deliberation made a determination that the application be approved. NOW THEREFORE BE IT RESOLVED FINDINGS OF FACT AND REASONS FOR ACTION 1. A quorum of commissioners was present during the hearing and subsequent discussion. 2. Statutory requirements were met regarding legal notice and SEPA review. 3. The Planning Commission concurred with the findings and conclusions as developed by staff. 4. The Planning Commission unanimously recommended approval of the requested Comprehensive Plan Map amendment from Residential Rural to Urban Reserve and zoning map amendment from Rural Residential -one Dwelling Unit Per Acre (RR -1) to Urban Residential Four Dwelling Units per Acre (UR -4) for two 1 Agency Report April 16, 1990 File Ref.• 08 -90: CZM parcels totaling approximately 17 acres on the north side of East Smith Road, approximately one half mile east of the Smith Road /I -5 interchange. WHATCOM COUNTY PLANNING COMMISSION Emil Baijot, Chairman Otj 0 - Daniel W. Taylor, Qlecretary Commissioners present at hearing: AYES: BAIJOT, FUNKHOUSER, ERNST, SHINTAFFER, GARLICK, HARRIS, BIERLINK and BALCOM (8 -0) Attachments: 1. Staff Report 2. Draft Ordinance E File #08:90:CZM Staff Report April 12, 1990 -- Page 1 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: GENE BOUMA REQUEST The request is to amend the Cherry Point Ferndale Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map from Residential Rural and Rural Residential one Dwelling Unit Per Acre (RR- 1) to Urban Reserve and Urban Residential Four Dwelling Units per Acre (UR-4) for two parcels totaling approximately 17 acres. LOCATION The property is in the southwest quarter of the southwest quarter of Section 29, Township 39 North, Range 2 East. It is on the north side of East Smith Road, approximately one half mile east of the Smith Road /1- 5 interchange. STATUTORY REQUIREMENTS Pursuant to RCW 36.70.590 and Council directive legal notice was published in the Westside Record Journal and the Lynden Tribune on Wednesday, April 4, 1990, and in the Bellingham Herald on Saturday, April 7, 1990. A Determination of Nonsignificance was issued by the Deputy SEPA Official on March 5, 1990. REGULATORY EFFECTS OF THE REQUEST A change in zoning from Rural Residential -One Dwelling per acre to Urban Residential -Four Dwellings per Acre would change allowable land uses as follows: FROM: RURAL RESIDENTIAL ZONE (WCC 20.32): Permitted uses: single family dwellings, duplexes, agriculture, and home occupations. Conditional uses: public and community facilities; schools; churches and summer camps; retirement, boarding, convalescent and care facilities; neighborhood grocery stores; golf courses; bed and breakfast lodgings; cottage industries; and intensive animal husbandry practices. TO: URBAN. RESIDENTIAL ZONE (WCC 20.20): Permitted uses: single family dwellings, fourplexes, agriculture, non - commercial parks and recreation, private non - commercial boat docks, and home occupations. Conditional uses: public and community facilities; schools; churches and summer camps; retirement, boarding, convalescent and care facilities; neighborhood grocery stores; golf courses; bed and breakfast lodgings; and intensive animal husbandry practices. The major effect of the requested change would be to increase the allowable residential density from one dwelling unit per acre (RR -1) to four dwellings per acre (UR-4 with public water and sewer). EXISTING CONDITIONS Soils - Approximately 50% of the site has Tromp Loam soil which has moderate to rapid permeability and a seasonal water table 18 to 48 inches deep. This soil is considered a poor filter and groundwater may be subject to contamination. The remaining half of the site has Laxton Loam soil with moderate to very rapid permeability and a seasonal water table depth of 18 to 48 inches. It too is a poor filter, subject to groundwater contamination. Both soils are severely constrained for septic systems but are otherwise suitable for development. File #08:90:CZM Staff Report April 12, 1990 -- Page 2 Topography - The site is essentially flat, draining to the southwest. Fire Protection - Fire protection is provided by fire District Number 7. Water and Sewer Service - At the time that the Cherry Point Ferndale Subarea Plan was adopted there was no public sewer or water service to this area. The Norbell sewer line was subsequently installed to deal with septic system problems at the Norbell nursing home at the intersection of W. Smith Road and Northwest Drive. The sewer line now extends along West Smith Road to the Norbell facility. The Whatcom County Public Works Department has indicated that there are several hundred residential sewer connections available for purchase. Sale of additional hookups will help offset the cost of the sewer line and treatment facilities. Although public water is not currently available, Whatcom County and Ferndale are initiating the installation of a city water line to the Norbell facility. This is needed because of the high level of nitrate contamination in local groundwater sources. The proposed water line is projected to be installed by September of 1990 and there will be more than enough capacity to serve the proposed rezone area. Transportation - The subject property has approximately 370 feet of frontage on West Smith Road which is a major collector road that would not be adversely impacted by the proposed rezone. Existing Land Use - The subject parcel is vacant undeveloped land which has been used for growing hay. Surrounding uses to the west include the Belfern West Subdivision which has an average parcel size of approximately 1.6 acres and the Belfern West short plat with parcels of 1.5 to 3 acres. To.the north and east are the Belfern Divisions #1 and #2 subdivisions with a density of three dwellings per acre. Farther north is vacant wooded land. To the southeast is a 4.76 acre parcel occupied by a church. To the south, across Smith Road is a pattern of residential parcels between two and five acres in size. ANALYSIS Comprehensive Plan Amendment Criteria The amendment request shall conform with the goals of the subarea plan Regional Design Goal #1. states that °future urban development should occur within or immediately adjacent to existing urban areas in order to eliminate sprawl and strip development, assure the provision of an adequate range of urban services, conserve agricultural and forestry lands, optimize investments in public services, and conserve energy resources ". Although the proposed rezone area is adjacent to one corner of the present Urban Reserve Plan designation, it represents a potential sprawl pattern in that it leaps past the UR boundary to the west, leaving the subject land surrounded on all four sides by land designated in the Comprehensive Plan as Residential Rural. Also it should be noted that there are over 150 acres of land already designated Urban Reserve on the north side of West Smith Road between the Ferndale City Limits and the subject parcel. The proposed rezone could help to optimize investments in public services in that future development of the property at the proposed 4 dwellings per acre density would help pay the costs of the existing Norbell sewer line and the proposed Ferndale City water line along West Smith Road to Northwest Drive. The sewer line was necessary to alleviate septic system problems at the Norbell Nursing Home and the water service is necessary because of recent problems with high concentrations of nitrates in groundwater in the area. Growth Management Goal #3. is "to encourage a predictable pattern of urban and rural development which utilizes previously committed land areas and existing facility investments before committing new areas for development. As mentioned above, there is a considerable area of undeveloped land to the west of the proposal already planned and zoned for urban development. Land Use Goal #2. states that "urban residential development should be planned in areas that can be economically and efficiently served with existing or .planned services, optimize energy use, function as integral neighborhood units, and can environmentally support intensive land uses. The proposal appears to be generally consistent with this goal with reference to efficiency of services and the lack of environmental constraints. Development at the proposed density would lead to coalescence of existing residential neighborhoods to the east and west of the site although at a greater density. The Belfern Division #1 and Division #2 developments to the east were developed in 1968 and 1969 at a density of approximately 3 File #08:90:CZ14 Staff Report April 12, 1990 -- Page 3 dwellings per acre. The Belfern West subdivision to the west of the proposal has an average lot size of about 1.6 acres and the Belfern West Short Plat consists of parcels of 2.5 to 3 acres in size. 2. The amendment request shall be compatible with the existing and planned surrounding land uses Although the proposed rezone is the potential of creating a pocket of higher density development surrounded by lower density residential development to the west and lower density planned and zoned lands to the north and south of the site, this is not necessarily a compatibility issue. 3. The amendment request shall not result in unmitigated detrimental impacts to existing transportation systems West Smith Road would be capable of handling the increased traffic associated with future residential development of the site. 4. The amendment request shall not place uncompensated burdens upon existing or planned service capabilities The developer of the site would be required to pay the costs of future sewer and water services by purchasing sewer hookups from Whatcom County and by participating in the costs of the proposed water line extension. 5. The amendment request shall demonstrate a land usage need which is consistent with the environmental and economic policies of the plan Given the abundance of Urban Reserve planned land surrounding Ferndale, the only land use need that can be identified is that of the owner of the subject property. Rezone Criteria 1. What errors in the present classification would be corrected by the proposed amendment The RR -1 zoning that was adopted with the Cherry Point - Ferndale Subarea Comprehensive Plan in 1981 is inconsistent with the pre- existing density of the Belfern divisions #1 and #2 adjacent to the east side of the subject property. This was done intentionally in order to prevent "leapfrogging" urban development beyond the Ferndale City limits. Therefore this cannot be considered as a zoning error that would be corrected by the proposal. 2. What changed conditions support the proposed amendment One significant changed condition is the presence of the Norbell sewer line which was neither in place nor contemplated at the time that the present zoning classification was adopted. Another changed condition is the contemplated Ferndale City water service line which is to be extended eastward past the subject property. FINDINGS Soils on the site are generally severely constrained for septic systems due to rapid permeability, inadequate filtration, and a potential for groundwater contamination. Public sewer and water service were not available at the time the current zoning was adopted. Sewer service is now available and water service is anticipated to be available soon. 3. West Smith Road is a major collector road with sufficient capacityto handle additional the residential traffic if the site were developed at the proposed density. File #08:90:CZM Staff Report April 12, 1990 -- Page 4 4. The proposed rezone is compatible with surrounding land uses. 5. The proposed rezone is generally inconsistent with the Regional Design and Growth Management Goals of the Cherry Point - Ferndale Subarea Comprehensive Plan because it does not keep urban development within or immediately adjacent to existing urban areas in order to eliminate sprawl and strip development and because it would not serve to encourage a predictable pattern of urban and rural development which utilizes previously committed land areas before committing new areas for development. 6. The proposal is consistent with the Land Use Goals of efficient and economical utility servicing and of optimizing investments in public services because future development of the property at the proposed .4 dwellings per acre density would help pay the costs of the Norbell sewer line and the proposed Ferndale City water line along West Smith Road to Northwest Drive. CONCLUSIONS While the proposed rezone is not entirely consistent with the Growth Management and Regional Design Goals of the Cherry Point - Ferndale Subarea Comprehensive Plan, it is consistent with the goal of optimizing investments in public services. 2. There are no land use compatibility or transportation issues. 3. Given the poor groundwater quality in the area, the unsuitability of the soils for septic systems, and the existing and planned public investments in sewer and water service to the subject area, there is a definite public advantage to rezoning the subject land. RECOMMENDATIONS The Planning Department recommends that the request by Gene Bouma to amend the to amend the Cherry Point Ferndale Subarea Comprehensive Plan Map and the Official Whatcom County Zoning Map from Residential Rural and Rural Residential one Dwelling Unit Per Acre (RR -1) to Urban Reserve and Urban Residential Four Dwelling Units per Acre (UR-4) for two.parcels totaling approximately 17 acres be approved. In order to be consistent with planning goals and in order to avoid an illogical zoning pattern, the UR boundary should at some time in the future be squared off to include the RR -1 zoned land to the west of the proposal.