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HomeMy WebLinkAboutord1989-014ti FILE REF: 19- 88:CZM INTRODUCED BY: Consent PROPOSED BY: Planning DATE: February 16, 1989 1 ORDINANCE NO, 89 -14 2 AN ORDINANCE AMENDING THE LYNDEN- NOOKSACK VALLEY SUBAREA COMPREHENSIVE PLAN 3 MAP FROM RESIDENTIAL RURAL TO GENERAL COMMERCIAL AND AMENDING THE OFFICIAL 4 WHATCOM COUNTY ZONING MAP FROM RESIDENTIAL RURAL -TWO DWELLINGS PER ACRE TO 5 GENERAL COMMERCIAL FOR A 0.78 ACRE PARCEL ON THE EAST SIDE OF GUIDE 6 MERIDIAN, NORTH OF EAST WISER LAKE ROAD. 7 WHEREAS, Charles Vogel /Wiser Lake Furniture has filed an application requesting 8 a Comprehensive Plan Map amendment from Residential Rural to General Commercial and 9 a Zone Map amendment from Rural Residential -Two Dwellings Per Acre to General 10 Commercial for a 0.78 acre parcel on the east side of Guide Meridian, north of East 11 Wiser Lake Road; and 12 WHEREAS, a Determination of Nonsignificance was issued on October 13, 1988; and 13 WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was 14 published in the Westside Record Journal on November 2, 1988, and in the Bellingham 15 Herald on November 5, 1988; and 16 WHEREAS, the Planning Department reviewed the request and prepared a staff 17 report, attached, recommending the comprehensive plan map amendment and rezone 18 request; and 19 WHEREAS, the Planning Commission held a public hearing on the proposal on 20 November 15, 1988 and heard all testimony on the issues and after due deliberation 21 made a determination that the application be approved subject to a concomitant 22 agreement to address concerns regarding relocating RV sales, increased setbacks to 23 accommodate future increases in right -of -way width on Guide Meridian, and parking, 24 access, and landscaping design; and 25 WHEREAS, Charles Vogel has signed the attached concomitant agreement addressing 26 the above concerns; and 27 WHEREAS, the Council held a public meeting on March 2, 1989, to coniiider the 28 Planning Commission's recommendation; 29 NOW THEREFORE BE IT ORDAINED: by the Whatcom County Council as follows: 30 1. The Comprehensive Plan Map amendment from Rural Residential to General mercial 31 and the Zone Map amendment from Rural Residential -Two Dwellings Per Acre to General 32 Commercial for a 0.78 acre parcel on the east side of Guide Meridian, north of East 33 Wiser Lake Road are hereby approved for the subject parcel bearing Assessor';s parcel 34 number (as of November 15, 1988) 400331 - 013060, including road - right -of wa) west to 35 the center line of Guide Meridian, subject to a concomitant agreement to address 36 concerns regarding relocating RV sales, increased setbacks to accommodate future 37 increases in right -of -way width on Guide Meridian, and parking, access, and 38 landscaping design. FILE REF: 19- 88:CZM Page 2. 0 2. The Comprehensive Plan amendment and rezone of the subject property shall not 1 become effective until and unless all parties have signed said concomitant 2 agreement and the agreement has been recorded in the Whatcom County Auditor's 3 office. 4 3. The Council finds the public health, safety and general welfare are promoted by 5 the above change. 6 4. The Council adopts the following findings and conclusions developed by the staff 7 and the Planning Commission: 8 FINDINGS 9 1. The request is to amend the Lynden - Nooksack Valley Subarea Comprehensive 10 Plan Map for a 0.78 acre parcel from Residential Rural to General 11 Commercial and to rezone the property from Residential Rural -Two Dwellings 12 per Acre to General Commercial. 13 2. The property depends on individual wells for water and individual septic I .. 14 systems for wastewater disposal. 16 3. The subject parcel and adjacent property to the north in the some ownership 16 have frontage on Guide Meridian which is a State Highway. 17 4. The subject property is currently vacant with the exception of an 18 inoperable truck and a pile of used tires. Adjacent property to the north, 19 in the same ownership, is developed with a number of commercial uses, none 20 of which have received Certificates of Occupancy as required by county law. 21 There are some public safety concerns with those uses, primarily related 22 to location of parking of RV's for sale and customer parking access for 23 the other commercial uses. 24 5. Changed conditions include acquisition of the subject property by Mr. Vogel 25 and the continuing expansion of Wiser Lake RV Sales. �I 26 6. The proposal appears to be generally consistent with the goals and policies 27 of the Lynden - Nooksack Valley Subarea Comprehensive Plan. 28 7. The proposed rezone would benefit public safety if the existin� problems 29 are resolved as part of the rezone. 30 8. The proposal is a logical expansion toineet the needs of busines growth. 31 9. There are no land use conflicts associated with this proposal that would 32 not be addressed by the setback and buffer standards of the General 33 Commercial zone. 34 10. If the rezone can address the existing public safety concerns on the 35 adjacent property in the same ownership, then there is a public advantage 36 and the rezone would be consistent with.the general rezone criteria. ' j: I i 1 i 14 15 16 17 18 ATTEST: 19 20 Clerk of the Council 21 APPROVED AS TO FORM: 22 �Cotting 23 24 25 Civil De 'ty Prosecuting Attorney 26 27 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTO .DONALD G. HANSEY, Chairmarf (✓j APPROVED ( ) VETOED Shirley Van Zanten, C ty xecutive DaflI slaw t4 I� FILE REF: 19- 88 :CZM Page 3 i 0 CONCLUSIONS 1 The proposed Comprehensive Plan amendment and rezone for I . the subject property 2 would be consistent with the Lynden - Nooksack Valley Subarea Comprehensive Plan 3 amendment criteria if the applicant contractually agrees with Whatcom County, 4 as conditions of this rezone to (1) move the RV's being offered for sale so that 5 the are in compliance with count setback requirements; 2 to submit and Y P Y 4 () I 6 implement a parking, access and landscaping design consistent with the 7 Comprehensive Plan policies enumerated in the preceding sections; and (3) to 8 increase the setbacks from the Guide Meridian right -of -way on the subject parcel 9 from 45 feet to 55 feet to accommodate future increases in right -of -way width. 10 5. Adjudication of invalidity of any of the sections, clauses, or provisions of this �. 11 Ordinance shall not affect or impair the validity of the Ordinance as a whole 12 or any part thereof other than the part so declared to be invalid. 13 PASSED this 2nd day of March 1989. E. 14 15 16 17 18 ATTEST: 19 20 Clerk of the Council 21 APPROVED AS TO FORM: 22 �Cotting 23 24 25 Civil De 'ty Prosecuting Attorney 26 27 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTO .DONALD G. HANSEY, Chairmarf (✓j APPROVED ( ) VETOED Shirley Van Zanten, C ty xecutive DaflI slaw t4 I� �It Revised March "1, 1989 1930309 CHARLES VOGEL /WISER LAKE FURNITURE CONCOMITANT AGREEMENT THIS IS AN AGREEMENT made and entered into by and between the undersigned owner of a certain parcel of property located in Whatcom County (hereinafter called "Owner ") and Whatcom County, a municipal corporation (hereinafter called "the County "); WITNESSETH: I. WHEREAS, the undersigned party designated "Owner" is the owner of that certain parcel of real property (hereinafter called the "subject property ") located in Whatcom County, which parcel is described as Assessor's parcel number (as of November 15, 1988) 400331 - 013060 and which parcel is shown on the map attached hereto as Exhibit A; and II. WHEREAS, Owner has applied for a zoning reclassification of the subject property from RESIDENTIAL RURAL -TWO DWELLINGS PER ACRE to GENERAL COMMERCIAL and the Planning Commission has recommended in favor of such reclassification with conditions; and III. WHEREAS, it is in the best public interest to rezone the site as requested and Owner recognizes it is in the best public interest to agree to the conditions as proposed by the Planning Commission and as outlined in this agreement; NOW, THEREFORE, this agreement witnesseth, that for and in consideration of the passing of the ordinance changing the subject property from the RESIDENTIAL RURAL -TWO DWELLINGS PER ACRE zone to the GENERAL COMMERCIAL zone, and of the mutual benefits to each of the parties hereto, the Owner, his.., successors and assigns do hereby covenant and agree: 1. That all recreational vehicles being offered for sale or otherwise parked or stored on the Wiser Lake Furniture property, which is also owned by the applicant, Charles Vogel, adjacent to and north of the subject property, 1 so that they are in compliance with the minimum setbacks specified in the Official Whatcom County Zoning Ordinance, Title 20, as modified by this agreement, and so that they no longer pose a hazard to traffic exiting from, entering onto, or travelling northbound or southbound on Guide Meridian Road. 2. That the minimum front yard setbacks from the Guide Meridian right -of -way along the frontage of the subject property shall be increased from the 45 feet specified in Title 20 to 55 feet to accommodate future widening of Guide Meridian. 3. That Owner shall, within 12 months of submit and implement a parking, access, the subject property and the adjacent consistent with the policies of the Comprehensive .Plane and in compliance specified in Title 20. the execution of this agreement, and landscaping design for both Wiser Lake Furniture property, Lynden - Nooksack Valley Subarea with the appropriate standards 4. That this agreement shall constitute a covenant running with the land and shall be binding upon Owner, his heirs, successors and assigns, and shall inure to the benefit of the citizens of Whatcom County. An executed copy of this agreement shall be recorded in the Whatcom County Auditor's office within five days of the passing of this ordinance. 5. That amendments or modifications of this agreement shall be valid only if agreed upon by the County Council following pubic hearing in writing and recorded in the Whatcom County Auditor's Office. 6. That 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. 7. That Owner shall pay for any expenses, costs, fees incurred by the County for enforcement of any of the conditions herein. 2 8. The covenants of this ordinance are intended to constitute a basis for rezoning the property as herein specified which rezone shall be considered null, void, and repealed should performance of the above conditions not occur within 12 (twelve) months of the effective date of this ordinance. 3 9 Agreed by C1,ar /es %'� YOL ,4irIDA Ilos�fthis �ND day of �ef� 198,8✓ 1 Name of property owner(s) Assessor's parcel number 4003 31 J 0l3 060 n �,Ute AIA (signat e) J& (signature) State of Washington County of Whatcom I certify that I know or have satisfactory evidence thata Q o e signed this instrument, on oath stated that #�P/ was the.true.legal o er of the parcel therein identified, and acknowledged it to be the free and voluntary act of such person for the purposes and uses mentioned in the instrument. Dated: S146ature of Notary ublic Residing at �7e nL,as� -r Ili Appointment Expires: 5 - S - 041 Fz,- ------------------------------------------------------------------------------ 9 Executed by WHATCOM COUNTY this � day of Mg re h 198$, pursuant to authority contained in Ordinance ?9 -/y 0 COUNTY C N L WH M COUNTY WAS TO --Ha Chairperson n e ATTEST-, Clerk of the Council ( ✓) APPROVED ( ) VETOED � "- d4,., Shirley Van Z nten County Executive ved as to Form: Date: 111,4r-Ch y_j 19y9 County Prosecutor 4 e November 15, 1988 File Ref: 19- 88:CZM WHATCOM COUNTY PLANNING AGENCY REPORT IN THE MATTER OF AMENDING THE LYNDEN - NOOKSACK ) VALLEY SUBAREA COMPREHENSIVE PLAN MAP FROM RESI- ) FINDINGS, REASONS DENTIAL RURAL TO GENERAL COMMERCIAL AND AMENDING ) AND MOTION THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RESI -) DENTIAL RURAL -TWO DWELLINGS PER ACRE TO GENERAL ) COMMERCIAL FOR A 0.78 ACRE PARCEL ON THE EAST ) SIDE OF GUIDE MERIDIAN, NORTH OF EAST WISER LAKE } ROAD. ) WHEREAS, Charles Vogel /Wiser Lake Furniture has filed an application requesting a Comprehensive Plan Map amendment from Residential Rural to General Commercial and a Zone Map amendment from Residential Rural -Two Dwellings Per Acre to General Commercial for a 0.78 acre parcel on the east side of Guide Meridian, north of East Wiser Lake Road. WHEREAS, a Determination of Nonsignificance was issued on October 13, 1988. WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was published in the Westside Record Journal on November 2, 1988, and in the Bellingham Herald on November 5, 1988; and WHEREAS, a public hearing was held before the Planning Commission on this matter on November 15, 1988; and WHEREAS, after accepting public testimony and due deliberation the Planning Commission developed findings and conclusions and unanimously moved to recommend to Council that the application be approved subject to a concomitant agreement to address concerns regarding relocating RV sales, increased setbacks to accommodate future increases in right -of -way width on Guide Meridian and parking, access and landscaping design; NOW THEREFORE BE IT RESOLVED: FINDINGS OF FACT AND REASONS FOR ACTION 1. A quorum of Commission members was present during the hearing and subsequent discussion [seven Commissioners present]. 2. Statutory requirements were met regarding legal notice and SEPA review. 3. The Planning Commission accepted the findings and conclusions as developed by staff except that instead of requiring dedication of ten feet of right - of -way, setbacks shall be increased an additional ten feet. 1 November 15, 1988 File Ref: 19- 88:CZM 4. The Planning Commission recommends that the Comprehensive Plan amendment and rezone be approved for the Vogel property subject to a concomitant agreement to address concerns regarding relocating RV sales, increased setbacks to accommodate future increases in right -of -way width on Guide Meridian and parking, access and landscaping design; WHATCOM COUNTY PLANNING COMMISSION David Simpson, Cha' Daniel W. Taylor, cretary Commissioners present at hearing: SIMPSON, GREER, HEERINGA, HINTON, VAN DALEN, FUNKHOUSER AND FREEMAN Attachments: 1. Staff Report 2. Draft Ordinance 3. Draft Concomitant Agreement 2 File Ref: 19 -88 CZM November 10, 1988 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Charles Vogel /Wiser Lake Furniture REQUEST: The request is to amend the Lynden - Nooksack Valley Subarea Comprehensive Plan Map for a 0.78 acre parcel from Residential Rural to General Commercial and to rezone the property from Residential Rural -Two Dwellings per Acre to General Commercial. LOCATION: The property is in the southwes t 3 East: More specifically, the intersection of East Wiser Lake described as Assessor's parcel STATUTORY REQUIREMENTS: quarter of Section 31, Township 40 north, Range property is approximately 250 feet north of the Road and Guide Meridian. The property is legally number 400331 - 013060. Pursuant to RCW 36.70.590 and Council directive, legal notice was published in the Westside Record Journal on Wednesday, November 2, 1988, and in the Bellingham Herald on Saturday, November 5, 1988. The Deputy SEPA Responsible Official made a Determination of Nonsignificance on October 13, 1988. The SEPA process is being handled as a phased review pursuant to WAC 197 -11- 060(5). REGULATORY EFFECTS OF THE REQUEST A change in zoning from Residential Rural to General Commercial would change allowable land uses as follows: FROM RESIDENTIAL RURA1 ZONE: Permitted uses: single family dwellings, duplexes, non - commercial neighborhood parks and recreation, 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; accessory apartments; bed and breakfast; and intensive animal husbandry practices. TO GENERAL COMMERCIAL ZONE: Permitted uses: Auto, motorcycle, marine and farm implement sales, repair and service; auto service stations, car washes, and public garages; mobile home and recreational vehicle sales; eating and drinking File Ref: 19 -88 CZM November 10, 1988 establishments; rental agencies; limited indoor commercial recreation; passenger terminals; service establishments; retail establishments; printing and publishing establishments; public and community facilities and utilities; rental storage; hotels and motels; multi - family dwellings; and accessory uses and residences. Conditional uses: Commercial wholesaling, churches, outdoor commercial recreation, recreational vehicle parks, kennels, commercial truck facilities, and golf courses. The proposed amendment is to expand the existing General Commercial zone to allow continuing expansion of commercial uses on adjacent property owned by the applicant; particularly, relocation of Wiser Lake RV Sales. EXISTING CONDITIONS WATER AND SEWER SERVICE: The property is dependent on individual wells for water and individual septic systems for wastewater disposal. Expansion of commercial uses of the property would depend upon provision of an adequate source of water to meet fire flow requirements and wastewater disposal. TRANSPORTATION: The subject property has approximately 200 feet of frontage on Guide Meridian, contiguous with approximately 375 feet of frontage on the applicant's property in the General Commercial zone. Guide Meridian is a State Highway having a right -of -way width of 60 feet at this location. We have contacted the Washington Department of Transportation regarding this rezone proposal and are awaiting a response. LAND USE: The subject property is currently undeveloped. It is mostly covered with grass and brush. There is an inoperable old truck and a pile of used tires stored on the site. Surrounding uses to the east, south, and across the highway to the west are a mix of agriculture and low density residential. Land use to the north of the subject parcel consists primarily of Wiser Lake Furniture which is owned by the applicant and two mobile homes, one of which is occupied by Mr. Vogel. The furniture business and the building have apparently been in existence for many years, possibly prior to county zoning. However, there are several other businesses using the same building complex and the parking area fronting on Guide Meridian. Lynden Tool and.Battery was apparently established prior to 1986, under the previous General Protection zoning. Wiser Lake RV Sales has been in existence, according to the operator, for two and one half years. This would indicate that it too was started while the GP zone was still in effect. According to Buildings and Code staff, Conditional Use Permits would not have been required for establishment of these businesses adjacent to an existing business in the GP zone. Also, there are two small woodworking /cabinet shops in the building and Rod's Auto, which sells and install used Japanese automobile engines. Rod's Auto appears to have been established within the past two years, under the present General Commercial zoning. All of the businesses are presently permitted outright in the GC zone. Regardless of zoning, Whatcom County requires that a business obtain a Certificate of 2 File Ref: 19 -88 CZM November 10, 1988 Occupancy. Occupancy Certificates include inspection for fire and structural safety. According to County records, only one Certificate of Occupancy has been issued for this property. That Certificate was issued to Lloyd Vogel for a dog grooming business in 1981. Apparently the business no longer exists. There is a notation in the file indicating that Sunrise Cabinets was operating on the property in 1981. Buildings and Code staff have notified Charles Vogel of the need to obtain Occupancy Certificates. Aside from the Occupancy Certificates, there are two public safety concerns associated with the existing uses on the Wiser Lake Furniture property that could be addressed in this rezone process. The first and most obvious problem is that the RV sales business involves storage of RV's for sale and placement of signs directly adjacent to the Guide Meridian right -of -way. The RV's are sharing space with the area used for parking for the furniture store. Part of the purpose of the rezone is to provide more space for RV storage and a place for a building for servicing the RV's. In addition to not being in compliance with the setback requirements (45 feet from a State Highway right -of -way) the RV's obstruct traffic visibility. The visibility problem is compounded by the fact that Guide Meridian dips to the north and to the south of the property, limiting sight distance in either direction. This creates a hazard for traffic on the Guide and for traffic entering and exiting the property. The other concern also relates to parking and access. Currently, access to parking for the complex is available all along the road frontage. There are no designated entry and exit points. This is a source of confusion and serves to compound problems associated with traffic entering or leaving the property. ANALYSIS Comprehensive Plan Amendment Criteria The Lynden - Nooksack Valley Subarea Comprehensive Plan, on page 88, requires the Planning Commission make the following findings before adopting any amendments to the Comprehensive Plan Map: The amendment: 1. is based on changed conditions: Changed conditions include acquisition of the subject property by Mr. Vogel and the continuing expansion of Wiser Lake RV Sales. 2. or corrects a previously unknown informational error, There is no apparent informational error. 3. and is consistent with the adopted Whatcom County Goa] Statements: The proposal appears to be consistent with the Regional Design Goals in that it is contiguous to existing commercial development. It also appears to be consistent with the Land Use Goals of avoiding incompatible land uses and the proliferation of unnecessary new commercial areas and accommodating economic development with 3 File Ref: 19 -88 CZM November 10, 1988 consideration for land use compatibility and transportation accessibility. 4. and fulfills a need benefitting the general public health, safety and welfare, consistent with the policies and intents of the Plan rather than individual pecuniary interests; The proposed rezone would benefit public safety if the existing problems are resolved as part of the rezone. Some applicable intents and policies from the Lynden - Nooksack Valley Subarea Comprehensive Plan are as follows: GENERAL COMMERCIAL: Intent Statement: . to facilitate safe and efficient circulation systems, provide methods to attain compatibility with surrounding non - commercial uses, and promote site design that will efficiently use available commercial land." Policy 4.04.1 Ingress and egress points to state and county roads should be minimized by consolidating on -site circulation networks." Policy 4.04.5 "General Commercial areas should be developed to attain aesthetic and functional compatibility with other uses within the designation as well as with adjoining non - commercial areas by use of the following methods. 1. overall site planning: landscaping, signage, access, parking, lighting, etc. 2. screened and /or landscaped buffer from residential and rural areas." TRANSPORTATION Policy 1.01 " Whatcom County shall use the development approval process of subdivision, zoning, and building permits to establish community circulation patterns and to secure rights -of -way and construction of all functional road classifications." Policy 1.02.1 " . . . Specifically, the land development process shall be used to facilitate the acquisition of additional right -of -way width for state highways having substandard right -of -way widths." Policy 1.04.4 " Where the Guide Meridian Improvement Plan, Title 22, doesn't apply on the Guide Meridian corridor, a 100 foot right -of -way shall be set aside. Policy 1.04.8 " Whatcom County shall encourage the use of shared access roads from commercial, industrial and residential developments to limit intersections with arterials." 5. and is not arbitrary and capricious; The proposal is a logical expansion to meet the needs of business growth. 6. and is consistent with existing and planned surrounding land uses; There are no land use conflicts associated with this proposal that would not -be addressed by the setback and buffer standards of the General Commercial zone. 4 File Ref: 19 -88 CZM November 10, 1988 7. and 077 not result in unmitigated adverse impacts to existing or planned transportation networks, or existing or planned uti7ity servicing. No transportation or utilities impacts have been identified. General Rezone Criteria Some general rezone criteria have arisen from various land use court cases in Washington State. One criterion in is the burden of proving that conditions have substantially_ changed since the most recent zoning was enacted. Changes in ownership and expansion of business activity have occurred since the Lynden Nooksack Valley Comprehensive Plan was adopted in 1986. Another criterion is that it must be shown that a'site specific rezone which grants a discriminatory benefit to an individual or group provides some public advantage weighted against potential detriment to the use and enjoyment of surrounding property or to the community at large. If the rezone can address the existing public safety concerns on the adjacent property in the same ownership, then there is a public advantage and the rezone would be consistent with this criterion. FINDINGS 1. The request is to amend the Lynden - Nooksack Valley Subarea Comprehensive Plan Map for a 0.78 acre parcel from Residential Rural to General Commercial and to rezone the property from Residential Rural -Two Dwellings per Acre to General Commercial. 2. The property depends on individual wells for water and individual septic systems for wastewater disposal. 3. The subject parcel and adjacent property to the north in the some ownership have frontage on Guide Meridian which is a State Highway. 4. The subject property is currently vacant with the exception of an inoperable truck and a pile of used tires. Adjacent property to the north, in the same ownership, is developed with a number of commercial uses, none of which have received Certificates of Occupancy as required by county law. There are some public safety concerns with those uses, primarily related to location of parking of RV's for sale and customer parking access for the other commercial uses. 5. Changed conditions include acquisition of the subject property by Mr. Vogel and the continuing expansion of Wiser Lake RV Sales. 6. The proposal appears to be consistent with the County Goal Statements. 7. The proposed rezone would benefit public safety if the existing problems are resolved as part of the rezone. 5 File Ref: 19 -88 CZM November 10, 1988 8. Applicable intents and policies from the Lynden - Nooksack Valley Subarea Comprehensive Plan include: facilitation of safe and efficient circulation systems; minimizing ingress and egress points to state and county roads by consolidating on -site circulation networks; use of overall site planning including landscaping, signage, access, parking, lighting, etc.; using the zoning process to facilitate the acquisition of additional right -of -way width for state highways having substandard right -of -way widths; where the Guide Meridian Improvement Plan, Title 22, doesn't apply on the Guide Meridian corridor, a 100 foot right -of -way shall be set aside; and encouragement of the use of shared access roads from commercial, industrial and residential developments to limit intersections with arterials. 9. The proposal is a logical expansion to meet the needs of business growth. 10. There are no land use conflicts associated with this proposal that would not be addressed by the setback and buffer standards of the General Commercial zone. 11. If the rezone can address the existing public safety concerns on the adjacent property in the same ownership, then there is a public advantage and the rezone would be consistent with the general rezone criteria. CONCLUSIONS The proposed Comprehensive Plan amendment and rezone for the subject property would be consistent with the Lynden - Nooksack Valley Subarea Comprehensive Plan amendment criteria if the applicant contractually agrees with Whatcom County, as conditions of this rezone to (1) move the RV's being offered for sale so that they are in compliance with county setback requirements; (2) to submit and implement a parking, access and landscaping design consistent with the Comprehensive Plan policies enumerated in the preceding sections; and (3) to dedicate ten feet of Right -of -way adjacent to the 0.78 acre rezone parcel. RECOMMENDATIONS The Planning Staff recommends approval of Charles Vogel's request to amend the Lynden- Nooksack Valley Subarea Comprehensive Plan Map for a 0.78 acre parcel from Residential Rural to General Commercial and to rezone the property from Residential Rural -Two Dwellings per Acre to General Commercial subject to a concomitant agreement to address public safety concerns associated with parking of RV's for sale and access for customer parking and to dedicate ten feet of right -of -way to help bring the Guide Meridian closer to the standard for State Highways articulated in the Comprehensive Plan.