HomeMy WebLinkAboutord1990-102- 1MATCOM COUNTY COUNCIL AGENDA BILL NO. 9 n - 9
1NC,t5: Initial Date I Date Received in Council
10/3/90
ead-
Head -
Review -
10/9/90 Council /Intro
10/23/90 P &D /Council
SUBJECT: FILES REF: 20 -90:ZT AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL -ONE 'DWELLING PER TEN ACRES, (R -10A) TO RURAL -ONE DWELLING PER FIVE
ACRES (F -5A) FOR ONE PARCEL OF APPROXIMATELY 10 ACRES :IN THE FOOTHILLS SUBAREA
ATTACHMENTS: Agency Report
Staff Report
Draft Ordinance
Public Hearing Needed? Yes /_/ No /XX/
SUMMARY STATEMENT: John Unger has requested a rezone from R -10A to R -5A for
approximately 10 acres in the Foothills Subarea located on the south side of Mt Baker Highway
approximately one -half mile west of The Glen at Maple Falls.
RECOMMENDED AC11ON: The Planning Commission concurred with the staff's findings and
conclusions and recommends the Council approve the requested rezone.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
10 -9 -90: Introduced to Council
10- 23 -90: Council passed (7-0)
Related File Numbers: Ordinance or Resolution Number: ORD 9 0 -10 2
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FILE REF: 20 -90.ZM INTRODUCED BY.Consent _
PROPOSED BY: PLANNING
DATE. 10 -9 -90
ORDINANCE NO. 90 -102
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
RURAL -ONE DWELLING PER TEN ACRES (R -10A) TO RURAL -ONE DWELLING PER FIVE
ACRES (R -5A) FOR ONE PARCEL OF APPROXIMATELY 10 ACRES IN THE FOOTHILLS
SUBAREA
WHEREAS, John Unger, represented by Jack Swanson, has requested that the Official Whatcom County
Zoning Map be amended from Rural -One Dwelling Unit Per Ten Acres (R-1 OA) to Rural -One Dwelling Unit per Five
Acres (R -5A) for approximately 10 acres in the Foothills Subarea; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham
Herald on Saturday, September 8, 1990 and;
WHEREAS,A Determination of Nonsignificance was issued by the Deputy SEPA
Official on August 13, 1990; and
WHEREAS, the Planning Department reviewed the request and prepared a staff
report recommending in favor of the rezone request; and
WHEREAS, the Planning Commission held a public hearing on this matter on
September 18, 1990, and heard all public testimony on the issues and after due
deliberation made a determination that the application be approved;
WHEREAS, the Council, at a public meeting on October 23, 1990, reviewed and
approved the Planning Commission recommendations.
NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
1. The Official Whatcom County Zoning Map amendment from Rural -one Dwelling Unit
Per Ten Acres (R -10A) to Rural -one Dwelling Unit Per Five Acres (R -5A) for one
parcel of approximately 10 acres in the southwest quarter of the northwest
quarter of Section 36, Township 40 North, Range 5 East, on.the south side of
Mount Baker Highway approximately one half mile west of The Glen at Maple Falls
seasonal recreation subdivision is hereby approved.
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:
FINDINGS
A. Soil on the site is Barneston Gravelly Loam with depth to seasonal water table and impervious layer
greater than 48 inches; permeability very rapid and severe constraints for septic systems because
the soil is a poor filter. It is not prime agricultural soil.
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FILE REF: 20-5 .T
Page 2
B. The property is flat, with an intermittent stream across the north end parallel to Mount Baker
Highway. There is a man -made pond on the southern portion of the property receiving water from
a small stream on the southeast corner of the parcel and draining via an outlet on the west side of
the pond. There is a low ridge rising approximately 200 feet above the subject property just to the
south.
C. Fire protection is provided by Whatcom County Fire District #14 with a Volunteer fire department at
Kendall Fire Hall approximately 3/4 miles to the west.
D. Water and sewer service are provided by private wells and individual septic systems.
E. The property has Approximately 330 feet of frontage on Mount Baker Highway and has a shared
driveway access to the west.
F. The property is currently developed with a single family residence and a barn and it is mostly cleared
and in grass with a wooded area along the south end. There are shrubby woods along the road
frontage and along the east boundary.
G. Surrounding land uses include single family residences to the west and the east; with 22 acres in
Open Space Agriculture to the east. Across the road to the north are four open Space agricultural
parcels, totaling 100 acres and five single family residences. To the south, southeast and southwest
are approximately 160 acres in Classified Forest taxation status which were logged in 1989 and are
to be replanted by 1991. Farther to the southwest is an 80 acre parcel in Designated Forest taxation.
Approximately one half mile to the east and one quarter mile to the south is a The Glen at Maple
Falls, a 441 acre seasonal recreation subdivision.
H. Parcel sizes to the west are mostly between three and five acres. To the east are parcels averaging .
ten to 15 acres in size. To the north parcels range from ten to thirty acres in size. To the south are
the larger forestry parcels ranging from 16 to 80 each.
CONCLUSIONS
A. Although there is no error in the present zoning, the subject parcel could have been zoned R -5A in
the first place had the owner-requested it during the public process of the Foothills planning effort.
The present distinction between R-1 OA zoning of the subject property and the R -5A zoning to the west
is based on the predominance of surrounding parcels in agricultural and forestry taxation, the pattern
of parcels of ten acres or larger, and the delineation of a neat logical zoning boundary separating the
smaller parcels from the larger ones.
B. There are no changed conditions other than that the owner was not aware of the rezoning that was
taking place in 1988 when the Foothills Plan and zoning were adopted.
C. There are no land use compatibility issues environmental issues, or transportation or services issues
associated with the rezone request.
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PASSED this 23rd day of October
ATTEST:
4,1712A
0� -
Jerk of the Council
APPROVE TO FORM:
Robert A. Carmichael,
Civil Deputy Prosecuting Attorney
FILE REF: 20-5 T
Page 3
WHATCOM COUNTY COUNCIL
WHATCOM COY, WASHINGTON
Donald O.- 7ns6y, Chairpern
(APPROVED ()VETOED
/k-L U4-. 4,L
Shirley Van Za ten, C ty Executive
Date l0 --1"/ -G v