HomeMy WebLinkAboutord1990-112WHATCOM COUNTY COUNCIL AGENDA BILL NO. 90-394
CLEARANCES: Initial Date Date Received in counc R office:
rn, A enda Date: Assi ned To:
on inator- M E 5 E � 1Y1 E 11/13/90 Council Intro
U V P &D
Division Head- r� 11/27/90 /Council
Department Head- NOV � 1990
Prosecutor Review -
Purchasing/Budget Dir.- WHATCOM COUNTY
COUNCIL
Executive -
SUBJECT: FILE NO: 07 -90:ZM A REQUEST -TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL 10 ACRE (R -10A) TO-RURAL 5 ACRE (R -5A) FOR APPROXIMATELY 19.7 ACRES
ON WEST LAUREL ROAD.
ATTACHMENTS: Agency Report
Excerpts from Draft - Planning Commission Minutes 9/18/90
Staff Report
Ordinance with attached Concomitant Agreement
Public Hearing Needed? Yes / / No
SUMMARY STATEMENT: The Planning Department reviewed the request and prepared a staff report
recommending denial of the rezone based upon the environmental constraints of Ten Mile Creek
which runs through the property. On April 17, 1990, the Planning Commission held a public
hearing on this matter where it was requested by the applicant that the hearing be continued
to allow time to draft a concomitant agreement addressing creek protection. The Planning
Commission continued the public hearing on September 18, 1990 and heard all public testimony
on the issues and after due deliberation made a determination to approve the rezone request
subject to the concomitant agreement as recommended by staff. Applicant has concurred with
the concomitant agreement and will execute it prior to Council action on the Ordinance.
RECOMMENDED ACTION: The Staff recommends the Council uphold the Planning Commission
recommendation, and adopt the ordinance and execute the concomitant agreement.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
11/27/90: Council passed 6 -0
Related File Numbers: Ordinance or Resolution Number: oRngn -1i9
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FILE REF: 07 -90:ZM INTRODUCED BY: Consent
sw \F1 \6 PROPOSED BY: PLANNING
DATE: ii/13/90
OR NO. 90 -112
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL -
TEN ACRE (R -10A) TO RURAL -FIVE ACRE (R -5A) FOR APPROXIMATELY 19.7 ACRES
ON.W. LAUREL ROAD.
WHEREAS, Donald Stockton filed an application requesting an amendment to the
official Whatcom County Zoning Map Rural -Ten Acre (R -10A) to Rural -Five Acre (R -5A)
for approximately 19.7 acres on W. Laurel Road approximately 2000' west of Aldrich
Road; and
WHEREAS, a Determination of Non - Significance was issued on February 20, 1990 by
the Deputy SEPA Official; 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, April 4,
1990 and in the Bellingham Herald on Saturday, April 7, 1990; and
WHEREAS, the Planning Department reviewed the request and prepared a staff
report recommending denial of the official Whatcom County Zoning Map amendment and
rezone request; and
WHEREAS, the Planning Commission held a public hearing on the proposal on April
17, 1990 and at the request of the applicant, continued the hearing to May.15; 1990;
and;
WHEREAS, the public hearing was subsequently continued to May 15, June 12, July
17, and September 18 at the request of the applicant to allow time for preparation of
a concomitant agreement to resolve major issues; and
WHEREAS, the Planning Commission continued the public hearing on September 18,
1990 and heard all public 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 of the subject property have signed the attached concomitant
agreement, Exhibit "A "; and
WHEREAS, the Council, at a public meeting on November 27, 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 -Ten Acre (R -10A) to
Rural -Five Acre (R -5A) is hereby approved for a 19.7 acre parcel north of W.
Laurel Rd. approximately 2000' west of Aldrich Road described as: The West half
of the Southwest quarter of the Northwest quarter of Section 23, Township 39
North, Range 2 East, W.M., less road, Whatcom County Washington.
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FILE REF: 07 -90:ZM
. Page 2
2. The Zoning 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 developed by the staff
and the Planning Commission:
FINDINGS
A. The request is for an amendment to the official Whatcom County Zoning Map
from RURAL 10 ACRE (1 d.u.. per 10 acres) to RURAL 5 ACRE (1 d.u. per 5
acres) for approximately 19.7 acres on W. Laurel Rd.
B. The parcel has approximately 675' of frontage on W. Laurel Rd. and is
approximately 2000' west of Aldrich Rd. It is served by a private well
and individual septic system.
C. The existing transportation system would not be significantly impacted if
the property were rezoned.
D. Land uses in the surrounding area includes low and higher density
residential, commercial, and agriculture in the RR -1, R -5A, and AG zoning
designations. There are two short plats comprising approximately 23
acres adjacent to the parcel.
E. There are approximately 14,000 acres of R -5A in the subarea as compared
to approximately 5,700 acres in the R -10A designation.
F. The parcel is currently in the Open Space /Agriculture Taxation Status and
in an area of prime agricultural soils. The intent of the program is to
preserve agriculturally suitable lands.
G. The soils on the property have moderate to very rapid permeability and
are generally unsuitable for septic tank installation.
H. The property is divided by Tenmile Creek which runs southwest across the
parcel. Tenmile Creek is an important resource, contributing to the
anadromous fish habitat although presently polluted.
CONCLUSIONS
1. The requested zone change is consistent with the CHERRY POINT /FERNDALE
Comprehensive Plan's intent for the RURAL zones in terms of areas of
multiple use suitability and locational criteria in terms of past and
present land uses. This is due to the fact that the change is a zoning
map change only and not -a change -in the Comprehensive Plan designation.
2. The basis for a change to the higher density R -5A zone is hampered by the
environmental constraints on the parcel. This includes the unsuitability
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FILE REF: 07 -90:ZM
Page 3
of the soils for septic system installation and the possibility of
subsequent groundwater and Creek pollution.
3. The CHERRY POINT /FERNDALE Subarea has large amounts of undeveloped land
currently zoned R -5A.
4. The Open Space /Agriculture program is intended to preserve and maintain
agricultural areas'by providing the owner with tax relief. The program
requires that the land produce some type of agricultural crop. It is the
policy of the County to preserve prime agricultural lands and is in the
best interest of the public. A rezoning of the property and subsequent tA
development would require withdrawal from the program.
5. Tenmile creek is an important water source in terms of fish habitat.
Development under a contract rezone would increase development setbacks,
require vegetative buffers, and contribute to enhancement of Tenmile
Creek. Development under the current zoning would not require
enhancement or protection of the Creek beyond what is normally required.
6. The smaller parcel sizes to the west justify creating five acre parcels
on the property.
7. In balance, the contract rezone, tying the right to rezone the property
to continued enhancement of the creek is considered to be in the public
interest and supports a rezone to R -5A which at maximum would allow only
three additional dwelling units.
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 27th day of November 1990.
WHATCOM COUNTY_ UNC'.L
M COUN S INGTON
C111 d G. ns y, Chair son
ATTEST: (✓f APPROVED ( ) VETOED
Clerk of the Council ' Shirley Van Zahten, CAnty Executive
APPROVED AS TO FORM:
/7,Date
Robert A. Carmichael
Civil Deputy Prosecuting Attorney
Concomitant Agreement
Stockton Rezone
1 EXHIBIT A
FILE REF. • 07- 90.ZM; Pay„ 1
Reference Ordinance No:
2 Stockton Rezone
3 Concomitant Agreement
4 Agreement Supporting Zoning Amendment (File #07- 90:ZM) for a 19.7 Acre
5 Parcel from Rural -Ten Acre to Rural -Five Acre.
6 THIS IS AN AGREEMENT made and entered into by and between the undersigned owners
7 of a certain parcel of property located in Whatcom County (hereinafter called
8 "Owners") and Whatcom County, a municipal corporation (hereinafter called "the
9 County ");
10 WITNESSETH:
11 I. WHEREAS, the undersigned parties designated Owners are the owners of that
12 certain parcel of real property (hereinafter called the "subject property ") located
13 in Whatcom County, which parcel is shown on a map and more full described in Exhibit
14 A attached hereto; and
15 II.. WHEREAS, Owners have applied for a zoning reclassification of the subject
16 property from RURAL -TEN ACRES to RURAL -FIVE ACRES and Planning Commission has
17 recommended in favor of such reclassification with conditions; and
18 III. WHEREAS, the County has authority to enact laws and enter into agreements
19 to promote the health, safety and welfare of its citizens and thereby control the use
20 and development of property within its jurisdiction; and
21 IV. WHEREAS, Owners have voluntarily agreed to enter into this Concomitant
22 Zoning Agreement in order to obtain the approval of the County for their application
23 for reclassification of the Subject Property;
24 NOW, THEREFORE, in consideration of the Council's enactment of an ordinance
25 reclassifying the Subject Property from Rural -Ten Acres (R10 -A) to Rural -Five Acres
26 (R5 -A), the Owners do hereby covenant and agree, on behalf of themselves and their
27 successors and assigns, as follows:
28 1. Drainfield areas shall be set back 150 feet from the stream.
29 2. Owners shall maintain existing vegetation in the area within 75 feet of the
30 stream, with replanting as necessary.
31 3. Owners will work with the Soil Conservation Service staff to establish and carry
32 out a plan for additional vegetation to be planted along banks where canary
33 grass is present in the stream, with vegetation to be approved by the Whatcom
34 County Conservation District /Soil Conservation Service Staff in Accordance with
35 Stream corridor improvement standards.
36 4. No livestock may be kept on the property unless fences are constructed to
7 prevent access to the stream banks.
38 5. Owners will provide stream access for habitat enhancement projects or
39 inventories such as those proposed in the Tenmile Creek Watershed Plan.
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Concomitant Agreement
Stockton Rezone
FILE REF: 07 -902M; Pay_ 2
Reference Ordinance No:
6. Protection of the stream and responsibility for the common area shall lie with
one property.
7. In accordance with provisions of the Cluster Subdivision, there will be a
maximum of four lots along with a reserve tract.
This agreement shall constitutes a covenant running with the land and shall be
binding upon Owners, their heirs, successors, and assigns, and shall be recorded at
Owners'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 with applicable ordinances and regulations.
Executed by
Executed by
STATE OF WASHINGTON )
ss.
COUNTY OF WHATCOM )
, this
day of
, 1990.
, this day of, , 1990.
On this day personally appeared before me
to me known to be the individual (s) described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same as their free and
voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under by hand and official seal this day of
1990.
NOTARY PUBLIC in and for the
State of Washington, residing at
29 EXECUTED BY WHATCOM COUNTY this day of
, 1990.
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Concomitant Agreement
Stockton Rezone
ATTEST:
FILE REF: 07- 90 :ZM; Pa, , 3
Reference Ordinance No:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Donald G. Hansey, Chairperson
Clerk of the Council Shirley Van Zanten, County Executive
APPROVED AS TO FORM:
Date
Robe t A. Carmichael
Civil Deputy Prosecuting Attorney
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