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HomeMy WebLinkAboutord1990-091W, ,ATCOM COUNTY COUNCIL AGENDA BILL NO. 90-224 JUN 19 1990 WHATCOM COUNTY COUNCII,•- D6/26/90 1 7/2 1 90'' P &DICo � � SUBJECT: FILE NO: 13- 90:CZM A REQUEST TO AMEND THE OFFICIAL WHATCOM COUNTY URBAN FRINGE COMPREHENSIVE PLAN MAP FROM TOURIST COMMERCIAL (TC) TO URBAN RESERVE MEDIUM DENSITY (URN) AND AMENDMENT OF THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM TOURIST COMMERCIAL TO URBAN RESIDENTIAL MEDIUM DENSITY -18 UNITS /ACRE FOR APPROXIMATELY 2.8 ACRES SOUTH OF AIRPORT DR. ON WEST MAPLEWOOD. Randy Watts said it does not need another hearing since it had a Council hearing 7/24/90 ATTACHMENTS: Agency Report with attached Staff Report Public Hearing Needed? Yes / / No / / SUMMARY STATEMENT: This is a down zone from Tourist Commercial to URM -18 so the purchaser of the property can build apartments. The Planning Department reviewed the request and prepared a staff report recommending approval of the rezone. On June 12, 1990, the Planning Commission held a public hearing on this matter and heard all public testimony on the issues and after due deliberation made a determination to deny the application given that the Urban Fringe Comprehensive Plan is in the process of being updated. However, due to some mix -up between the applicant /owner and the developer, there was no one at the hearing to speak in favor of the rezone. RECOMMENDED ACTION: The Staff recommends the Council uphold the Planning Commission recommendation and move to deny the rezone. The alternative is for Council to hold its own hearing or remand the issue to the Planning Commission. COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 6/26: Voted to have a hearing on the request, 7/24/90. (6 -1, Vanderpol opposed) 7/24- Referred. tm P &D Conmittee 8/7 for recommendation.to Council. 8/7: ordinance introduced.- For final consideration 9/4 9/4: Council passed. ^ Related File Numbers: Ordinance or Resolution Number: 90 -91 r? 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 FILE REF: #13- 90:CZM ORDINANCE NO. INTRODUCED BY: Cnncant PROPOSED BY: PLANNING DATE: 9-4-9 90 -91 REVISION TO THE OFFICIAL WHATCOM COUNTY URBAN FRINGE COMPREHENSIVE PLAN MAP FROM TOURIST COMMERCIAL (TC) TO URBAN RESERVE MEDIUM DENSITY (URM) AND AMENDMENT OF THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM TOURIST COMMERCIAL TO URBAN RESIDENTIAL MEDIUM DENSITY -18 UNITS /ACRE FOR APPROXIMATELY 2.8 ACRES SOUTH OF AIRPORT DRIVE ON WEST MAPLEWOOD WHEREAS, Ted and Sally Knutson have filed an application requesting an amendment to the official Whatcom County Urban Fringe Comprehensive Plan Map from TOURIST COMMERCIAL (TC) to URBAN RESERVE MEDIUM DENSITY (URM) and amendment of the Official Zoning Map from TOURIST COMMERCIAL to URBAN RESIDENTIAL MEDIUM DENSITY 18 Units /Acre (URM -18) for a 2.8 acre parcel on West Maplewood Avenue, approximately 1/4 mile south of Airport Drive; and WHEREAS, pursuant to RCW 36.70.590 and Council directive, legal notice was published in the Westside Record Journal and the Lynden Tribune on Wednesday, May 30, 1990 and in the Bellingham Herald on Saturday, June 2, 1990; and WHEREAS, a Determination of Non - significance was issued on April 24, 1990 by the Deputy Responsible Official; and WHEREAS, the Planning Department reviewed the request and prepared a staff report, attached, recommending favorably to the comprehensive plan map amendment and rezone request; and WHEREAS, the Planning Commission held a public hearing on the proposal on June 12, 1990 and heard all testimony on the issues and after due deliberation made a determination that the application be denied given that the Urban Fringe Comprehensive Plan is in the process of being updated; and and 1990; WHEREAS, the County Council held its own hearing on the matter on July 24, 1990; WHEREAS, Council further considered the matter at a public meeting on August 7, NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows: 1. The Official Whatcom County Urban Fringe Comprehensive Plan Map amendment from TOURIST COMMERCIAL (TC) to URBAN RESERVE MEDIUM DENSITY (URM) and Official Whatcom County Zone Map amendment from TOURIST COMMERCIAL to URBAN RESIDENTIAL MEDIUM DENSITY -18 Units /Acre (URM -18) is hereby approved for approximately 2.8 acres, comprised of parcels #374 -373 and #404 -374 of S14 T38N R2E, also defined as the Bakerview Addition, Blk. 4a lot 13 and Blk. 4 lot 8. 2. The Council finds the public health, safety and general welfare are promoted by the above change. 38 11 3. The Council adopts the following findings and conclusions. 1 2 3 4 5 6 7 8 9 10 11 FILE REF: 13 CZM Page 2 FINDINGS A. The parcel is provided with urban services (sewer and water) by the City of Bellingham and is adequately provided for in terms of police and fire protection. B. Land uses in the surrounding area include low and higher density residential, commercial, and industrial in URM -18, GENERAL COMMERCIAL, and LIGHT IMPACT INDUSTRIAL zoning designations. C. There is approximately 130 acres of land zoned TOURIST COMMERCIAL in the I/5 /Airport /Bakerview area, much of which is presently undeveloped. D. The URM -18 designation in this area is primarily mixed forest and approximately 8 single family dwelling units along West Maplewood. 12 11 CONCLUSIONS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A. The requested zone change is consistent with the Urban Fringe Comprehensive Plan's goals, URBAN RESERVE policies, and locational criteria. B. The rezone request would not put a strain on existing services due to the scale of the proposal. C. There is ample room for development in the TOURIST COMMERCIAL zone in this area and other parts of the County. D. The requested zoning change would be compatible with surrounding land uses and help to buffer the single and multi - family residential neighborhoods from commercial and industrial pressures to the north. E. The rezone would be compatible with the surrounding zoning since the parcels are presently surrounded on three sides by the URM -18 designation. F. The change to URM -18 could lessen the potential traffic impacts of development since many of the allowed uses in the TOURIST COMMERCIAL zone would increase traffic to a much greater degree. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 PASSED this 4th ATTEST: Jerk of the Council APPROVED AS TO FORM: day of September , 1990. Robert A. Carmichael Civil Deputy Prosecuting Attorney FILE REF: 13 -5 CZM Page 3 WHATCOM COUNTY COUNCIL TCOM COUNT4 AS INGTON Donald G. Han y, Chairp on (4' APPROVED ( ) VETOED jq -1 L �&l Shirley Van ZAnten, minty Executive Date - 5 -'i 2 _.,,Agency Report WHATCOM COUNTY PLANNING AGENCY REPORT IN THE MATTER OF AMENDING THE OFFICIAL WHATCOM COUNTY ) URBAN FRINGE COMPREHENSIVE PLAN MAP FROM TOURIST ) COMMERCIAL (TC) TO URBAN RESERVE MEDIUM DENSITY ) (URM) AND AMENDMENT OF THE OFFICIAL WHATCOM COUNTY ) ZONING MAP FROM TOURIST COMMERCIAL TO URBAN ) RESIDENTIAL MEDIUM DENSITY -18 UNITS /ACRE FOR ) APPROXIMATELY 2.8 ACRES SOUTH OF AIRPORT DR. ON ) WEST MAPLEWOOD. ) FILE #13- 90:CZM June 12, 1990 FINDINGS, REASONS AND MOTION WHEREAS, Ted and Sally Knutson have filed an application requesting an amendment to the official Whatcom County Urban Fringe Comprehensive Plan Map from TOURIST COMMERCIAL (TC) to URBAN RESERVE MEDIUM DENSITY (URM) and amendment of the Official Zoning Map from TOURIST COMMERCIAL to URBAN RESIDENTIAL MEDIUM DENSITY 18 Units /Acre (URM -18) for a 2.8 acre parcel on W. Maplewood Ave. approximately 1/4 mile south of Airport Dr.; and WHEREAS, pursuant to RCW 36.70,590 and Council directive, legal notice was published in the Westside Record Journal and the Lynden Tribune on Wednesday, May 30, 1990 and in the Bellingham Herald on Saturday, June 2,. 1990; and WHEREAS, a Determination of Non - significance was issued on April 24, 1990 by the Deputy Responsible Official; and WHEREAS, the Planning Department reviewed the request and prepared a staff report, attached, recommending favorably to the comprehensive plan map amendment and rezone request; and WHEREAS, the Planning Commission held a public hearing on the proposal on June 12, 1990 and heard all testimony on the issues and after due deliberation made a determination that the application be denied given that the-Urban Fringe Comprehensive Plan is in the process of being updated; NOW THEREFORE BE IT RESOLVED: FINDINGS OF FACT AND REASON FOR ACTION 1. A quorum of commission members was present during the hearing and subsequent discussion. 2. Statutory requirements were met regarding legal notice and SEPA review. 3- The Planning Commission received testimony unfavorable to the rezone request at the public hearing given the increased development and subsequent traffic problems in -the area. 4. The Planning Commission believed that a rezone of a parcel in this area at this time was not appropriate since the area is currently being reviewed and any zoning change requests should not be handled until that time. . liq Agency Report FILE #13- 90:CZM June 12, 1990 The Chairperson and Secretary are hereby directed to place their signatures on this document and transmit same, together with the staff report to the County Council. Attachments: Staff Report 7 WHATCOM COUNTY PLANNING COMMISSION �' Q("Z Emil Baijot, Chairpe son Daniel W: Taylor, S retary 12-0 Staff Report APPLICANT File #13- 90:CZM May 10, 1990 -- Page 1 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT TED AND SALLY KNUTSON (Rick Gilbert) REQUEST The request is for an amendment to the official Whatcom County Urban Fringe Comprehensive Plan Map from TOURIST COMMERCIAL (TC) to URBAN RESERVE MEDIUM DENSITY (URM) and amendment of the official Zoning Map fromTOURIST COMMERCIALto URBAN RESIDENTIAL MEDIUM DENSITY -18 Units /Acre (URM -18) for approximately 2.8 acres approximately 1/4 mile south of Airport Dr. on West Maplewood Ave. LOCATION The request is for parcels #374 -373 and #404 -374 Township 38 North, Range 2 East, Section 14, also defined as the Bakerview Addition, Blk. 4A, Lot 13 and Blk. 4, Lot 8. 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, May 2, 1990 and in the Bellingham Herald Saturday, March 5 1990. The Deputy SEPA Official issued a determination of non - significance on April 24, 1990. REGULATORY EFFECTS OF THE REQUEST The change in zoning from TOURIST COMMERCIAL to URBAN RESIDENTIAL MEDIUM DENSITY -18 Units /Acre would change land use regulations as follows: From: TOURIST COMMERCIAL Permitted Uses (WCC 20.63.0500): Restaurants; retail shops no greater than 2,500 square feet in size per shop; tourist information centers; barber and beauty shops; post offices; professional offices no greater than 2,500 square feet in size per shop; service stations and towing services when based at a service station; banks and /or bank machines; churches; indoor commercial recreation facilities;. and hotels and motels. Accessory Uses (WCC 20.63.100): One residential unit for owner manager or caretaker when part of a building in which the primary use is located; uses incidental to the primary permitted uses; and on -site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses. Conditional Uses (WCC 20.63.150): Automobile repair garages; dry cleaners; recreational vehicle parks; and public uses, which because of locational requirements are necessary in the Tourist /2( Staff Report File #13- 90:CZM May 10, 1990 -- Page 2 Commercial district provided, the uses are consistent with Tourist Commercial policies, the purpose of the district and its attendant provisions. To: URBAN RESIDENTIAL MEDIUM DENSITY -18 Units /Acre Permitted Uses (WCC 20.22.050): One single - family dwelling per lot; single - family dwellings, duplexes, and multi - family dwellings provided that public sewer, water and, where identified by the appropriate subarea comprehensive plan policies, storm water collection and retention facilities serve the site, not more than four units are attached, and the number of dwelling units conforms to the density requirements of the District; agriculture including animal husbandry, horticulture, viticulture, floriculture, silviculture, and beekeeping; noncommercial neighborhood parks and public recreation facilities; private, non - commercial boat docks when located on a man -made canal designed for boat traffic pursuant to the Whatcom County Shoreline Management Program. Accessory Uses (WCC - 20.22.100): Home occupations; private non - commercial boat docks, launches, ramps, floats, moorages and boathouses; other accessory uses incidental to the primary permitted uses; and temporary dwelling units which have full living accommodations including sleeping, self- contained cooking, bathing, and toilet facilities where the plumbing connected to permanent site sewage and water systems, including those travel trailers and recreational vehicles that meet the above description for use by owners during the period of construction of a permanent dwelling while building permit is valid, not to exceed two (2) years. Conditional Uses (WCC 20.22.150): Public and community facilities including police and fire stations, libraries, community centers, recreation facilities, and other similar non - commercial uses; public schools and parochial or private schools; churches, educational and religious training institutions, and summer camps; retirement, boarding and convalescent homes, social and health rehabilitation centers, children and adult care centers in a building not used as a residence, and other health related services consistent with the purpose of the district; neighborhood grocery stores; golf courses; a manufactured home, a fully serviced travel trailer or motor home; accessory apartments to single - family detached residences; bed and breakfast lodgings; intensive animal husbandry practices such as confinement feeding operations and feedlots; and private non- commercial boat docks, launches, ramps, floats, moorages and boathouses EXISTING CONDITIONS Solis - The entire parcel is covered by LaBounty Silt Loam, 0-8% slopes. It is characterized by a high water table, slow permeability, slight erosion potential, and as having severe development constraints. The LaBounty soils are generally situated in depressions or on level terrain and are poorly drained due to formation on dense clay and silt accumulations. Topography - The site is predominately flat, sloping gently to the south. Fire Protection - Fire protection is provided by Whatcom County Fire District #8 that has a station at the intersection of West Bakerview Road and Northwest Avenue, approximately 3/4 of a mile from the site. The District has a mutual aid agreement with Fire Districts #2 and #7 along with the City of Bellingham and the Bellingham International Airport. Water and Sewer Service - The property receives water and sewer service from the City of Bellingham. It is within a water and /or sewer service zone encompassing those geographic areas in the Urban Fringe File #13- 90:CZM Staff Report May 10, 1990 -- Page 3 Subarea where previous main extensions have been approved. A sewer trunk line runs along the western boundary of the property along West Maplewood. . Transportation - The parcel has approximately 240' of frontage on West Maplewood which is a principle arterial. The parcel is less than a 1/4 mile southeast of Airport Drive which is classified as a minor arterial. Both cant' traffic into Bellingham and to the Bellingham International Airport from 1 -5 and Northwest Ave. Existing Land Use - There currently is a single family dwelling unit on the property. Approximately the east 3/4 of the property is wooded. Surrounding land uses include residential, vacant and treed. BACKGROUND Prior to the adoption of the Urban Fringe Subarea Comprehensive Plan, implemented by Title 20 zoning, the subject property and approximately 60 surrounding acres were zoned TOURIST BUSINESS (TB) under the Interim Zoning Ordinance. With the adoption of the Urban Fringe Comprehensive Plan in 1984, the subject parcel and approximately 130 surrounding acres were zoned TOURIST COMMERCIAL The plan was envisioned to be reviewed within five years and is currently under review in a joint county /city effort. The plan acknowledged there would be private requests for amendments which should: (1) conform with the goals of the plan; (2) be compatible with existing and surrounding land uses; (3) not result h unmitigated detrimental impacts to existing transportation systems; and (4) demonstrate a land usage need that is consistent with the environmental and economic policies of the plan. Rezones generally require changed conditions or acknowledgment of an error in the original zoning. ANALYSIS The rationale for the URBAN RESERVE designation is to reserve land in the fringe areas of cities to provide a land- supply where more affordable housing types can be situated, acknowledging existing development patterns and reserving land for future urban uses. The designation carries three maximum density classifications: six (6) dwelling units per acre, applied to areas adjacent to low density Urban Reserve areas; and, twelve (12) and eighteen (18) dwelling units per acre, applied to areas that are either adjacent to existing or planned residential developments with similar densities or adjacent to existing or planned commercial or light industrial developments where such activities are considered as compatible with multi- family residential. The URBAN RESERVE MEDIUM DENSITY designation is defined as areas adjacent to municipal boundaries that may be urbanized when a full range of urban services can be provided. The parcel is bordered by the URM -18 zoning designation on the west, south, and east sides. The majority of the designation is in mixed forest with approximately eight dwelling units along West Maplewood. The proposal, development of fourplexes, is generally consistent with the land use goals of the Urban Fringe Subarea Comprehensive Plan. One objective of the URBAN RESERVE designation is to encourage urban residential development in areas that can be economically and efficiently served with existing or planned services. Since the site is served by the City of Bellingham with water and sewer service, an urban designation and a maximum buildout potential of 50 additional units would not put undo strain on existing services. The Urban Fringe Comprehensive Plan URBAN RESERVE Policy states that the residential land use pattern shall consist of single family low density (3-4 dwelling units per acre) and multi - family density development (6, 12, and 18 dwelling units per acre). However, there is no mention of the specific area of the proposed rezone. Another objective is to assure adequate community and neighborhood commercial facilities in appropriate locations while avoiding incompatible land use and the proliferation of unnecessary new commercial areas. The proposal would take some commercial acreage in the area but would not impact the commercial area for several reasons. The first is that the TOURIST COMMERCIAL zone 123 File #13- 90:CZM Staff Report May 10, 1990 -- Page 4 constitutes approximately 130 acres in the Bakerview /1 -5 /Airport area with only small portions developed for commercial uses including a gas station /mini -mart at the freeway interchange, a motel, and warehousing adjacent to the airport. The remainder of the zone is primarily scattered residential, land taken up by the Interstate, and vacant land. This area represents approximately 75% of the TOURIST COMMERCIAL zone acreage in the County. The others are at the Lynden Border crossing (6.5 acres), Grandview /1 -5 (5 acres), and Samish Way (20 acres). Secondly, the rezone site is situated in an area that is less than a mile from the commercial area of Birchwood and Northwest Avenues and the Airport. There is an excessive amount of land zoned TOURIST COMMERCIAL given the limited types of uses allowed in the zone. The greater Bellingham area can only absorb so many hotels and motels and consequently it would be many years before the area would be built out. Future commercial development would not be jeopardized by the rezone. The rezone request is generally in accordance with the Land Use Goals of the Subarea. These include: 1) urban development should occur within or immediately adjacent to existing urban areas; 2) encouraging a predictable pattern of urban and rural development; 3) urban residential development should be in planned areas with existing urban services; and 4) providing a for economical and attractive housing while enhancing the integrity and identity of existing communities. The area south of the proposed rezone inside of the city limits of Bellingham is predominantly mixed single /multi family housing, zoned Residential Multiple (1550 square feet per unit). West Maplewood, south of the proposed rezone, and Redwood Ave. are the major areas of multi - family housing in the area. The mix of single and multi family housing has provided for a pleasant neighborhood. A rezone of the parcels to URM -18 would help to strengthen the area against encroachment from commercial development to the north. An additional goal is to promote a functional transportation system which avoids undesirable environmental impacts. In terms of the existing transportation, the proposal would not unduly burden the system. According to the Institute of Transportation Engineers (ITE), trip generation for low rise apartments (defined as having 1 or 2 stories such as suburban type apartments) averages 6.6 trips per day per occupied dwelling unit. Consequently at buildout, development of the parcels has the potential to add another 330 trips per day. If the parcels were to remain in theTOURIST COMMERCIALzone, development could include Convenience Markets (1,000 trips per day per 1,000 square feet of leasable floor area (sfla)); Service Stations (748 trips per day per station); and a Post Office (86 trips per day per 1,000 sfla). These permitted uses in the TOURIST COMMERCIAL zone would have a greater impact on the surrounding area, not only in terms of traffic but also in terms of compatibility with existing land uses. Increasing the higher density residential zone would provide a much more suitable buffer for the residential neighborhoods to the south. URBAN RESIDENTIAL MEDIUM DENSITY (18 UNITS /ACRE) LOCATIONAL CRITERIA: The density classifications of twelve to eighteen units per acre should be applied to areas that are either adjacent to existing or planned residential developments containing similar density levels, or adjacent to existing or planned commercial or light industrial developments where such activities are considered as complementary and compatible with multi - family residential living. The proposal is adjacent to single family dwelling uses but is in the vicinity of extensive multi - family dwellings FINDINGS 1. The request is for an amendment to the official Whatcom County Urban Fringe Comprehensive Plan Map from TOURIST COMMERCIAL (TC) to URBAN RESERVE MEDIUM DENSITY (URM) and amendment of the official Zoning Map from TOURIST COMMERCIAL to URBAN RESIDENTIAL MEDIUM DENSITY -18 Units /Acre for approximately 2.8 acres approximately 1 /4 mile south of Airport Dr. on West Maplewood Ave. 12�f Staff Report File #13- 90:CZM May 10, 1990 -- Page 5 2. The parcel is provided with urban services (sewer and water) by the City of Bellingham and is adequately provided for in terms of police and fire protection. 3. Land uses in the surrounding area include low and higher density residential, commercial, and industrial in URM -18, GENERAL COMMERCIAL, and LIGHT IMPACT INDUSTRIAL zoning designations. 4. There is approximately 130 acres of land zoned TOURIST COMMERCIAL in the 1/5 /Airport/Bakerview area, much of which is presently undeveloped. 5. The URM -18 designation in this area is primarily mixed forest with approximately 8 single family dwelling units along West Maplewood. CONCLUSIONS 1. The requested zone change is consistent with the Urban Fringe Comprehensive Plan's goals, URBAN RESERVE policies, and locational criteria. 2. The rezone request would not put a strain on existing services due to the scale of the proposal. 3. There is ample room for development in the TOURIST COMMERCIAL zone in this area and other parts of the County. 4. The requested zoning change would be compatible with surrounding land uses and help to buffer the single and multi family residential neighborhoods from commercial and industrial pressures to the north. 5. The rezone would be compatible with the surrounding zoning since the parcels are presently surrounded on three sides by the URM -18 designation. 6. The change to URM -18 could lessen the potential traffic impacts of development since many of the allowed uses in the TOURIST COMMERCIAL zone would increase traffic to a much greater degree. RECOMMENDATION The Planning Staff recommends that Ted and Sally Knutson's request to amend the Official Whatcom County Urban Fringe Comprehensive Plan Map from TOURIST COMMERCIAL (TC) to URBAN RESERVE MEDIUM DENSITY (URM) and amendment of the official Zoning Map from TOURIST COMMERCIAL to URBAN RESIDENTIAL MEDIUM DENSITY -18 Units /Acre (URM -18) for approximately 2.8 acres be approved based on the foregoing findings and conclusions.