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HomeMy WebLinkAboutord1989-035L FILE REF: 23- 88:CZM INTRODUCED BY: Consent PROPOSED BY: P 1 a n n i n 9- DATE: January 5- 1989 I ORDINANCE NO. 89 -35 2 AN ORDINANCE AMENDING THE URBAN FRINGE SUBAREA COMPREHENSIVE PLAN MAP FROM 3 RURAL TO LIGHT INDUSTRIAL PARK AND AMENDING THE OFFICIAL WHATCOM COUNTY 4 ZONING MAP FROM RURAL -TWO ACRES AND RURAL -FIVE ACRES TO LIGHT IMPACT 5 INDUSTRIAL FOR ELEVEN PARCELS TOTALLING APPROXIMATELY 49 ACRES ON THE EAST 6 SIDE OF PACIFIC HIGHWAY BETWEEN HORTON ROAD AND STUART ROAD. 7 WHEREAS, R. Mark Asmundson, on behalf of Olivine Corporation, Palm -Peg 8 Corporation, et al. has filed an application requesting a Comprehensive Plan Map 9 amendment from Rural to Light Industrial Park and a Zone Map amendment from Rural - 10 Two Acres and Rural -Five Acres to Light Impact Industrial for eleven parcels totaling 11 approximately 49 acres on the east side of Pacific Highway between Horton Road and 12 Stuart Road; and 13 WHEREAS, a Determination of Nonsignificance was issued on November 10, 1988; and 14 WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was 15 published in the Westside Record Journal on December 7, 1988, and in the Bellingham 16 Herald on December 10, 1988; and 17 WHEREAS, the Planning Department reviewed the request and prepared a staff 18 report, attached, recommending the comprehensive plan map amendment and rezone 19 request; and 20 WHEREAS, the Planning Commission held a public hearing on the proposal on 21 December 15, 1988 and heard all testimony on the issues and after due deliberation 22 made a determination that the application be approved subject to a concomitant I. 23 agreement to address concerns regarding future provision of all- weather access, 24 protection of the Interstate 5 view corridor, protection of the Silver Creek 25 watershed, and prevention of interference with airport operations; and f 26 WHEREAS, all of the owners of the subject parcels have signed the attached i 27 Concomitant Agreement addressing the above concerns; and 28 WHEREAS, the Council held public meetings on 1 -19 -89 and 4 -20 -89 to consider the 29 Planning Commission's recommendation; 30 NOW THEREFORE BE IT ORDAINED: by the Whatcom County Council as follows: 31 1. The Comprehensive Plan Map amendment from Rural to Light Industrial Park and a 32 Zone Map amendment from Rural -Two Acres and Rural -Five Acres to Light Impact 33 Industrial for eleven parcels totaling approximately 49 acres on the east side of 34 Pacific Highway between Horton Road and Stuart Road are hereby approved for the 35 following parcels bearing Assessor's parcel numbers (as of December 16, 1988) as 36 follows and including road - rights -of way west to the center line of Interstate 5: 37 380203 - 386076; 380203 - 429076; 380203 - 500077; 380203 - 450022; 38 380203 - 450019; 380210- 470508; 380210- 484475; 380210 - 488458; i FILE REF: 23- 88:CZM Page 2 0 380210 - 496442; 380210 - 502424 1 subject to a concomitant agreement to address concerns regarding future provision 2 of all- weather access, protection of the.Interstate 5 view corridor, protection of 3 the Silver Creek watershed, and prevention of interference with airport operations. 4 2. The Comprehensive Plan amendment and rezone of the subject property shall not 5 become effective until and unless all parties have' signed said concomitant ., 6 agreement and the agreement has been recorded in the Whatcom County Auditor's 7 office. 8 3. The Council finds the public health, safety and general welfare are promoted by 9 the above change. 10 4. The Council adopts the following findings and conclusions developed by the staff 11 and the Planning Commission: 12 FINDINGS 13 1. The request is to amend the Urban Fringe Subarea Comprehensive Plan Map for 11 14 (eleven) parcels totaling approximately 49 acres from Rural to Light Industrial 15 Park and to rezone the property from Rural -Two Acres and Rural -Five Acres to 16 Light Impact Industrial. 17 2. Groundwater supply is uncertain and the water table is high and easily j 18 contaminated. Surface water is present in various forms. Several intermittent I 19 drainages flow through the property into Bear Creek which feeds into Silver 20 Creek. There are some wetlands which act as natural retention for the Silver 21 Creek watershed. A local watershed committee, funded by a Department of Ecology 22 grant, is currently developing a watershed management plan for the Silver Creek 23 watershed. Also surface ponding is present during winter months due to the poor 24 soils. Surface drainage has been considerably altered on some of the property 25 as a result of landfill, excavation, drainage control, and ash disposal cells. 26 3. The site is fairly flat and drains to the northeast. The Whatcom Labounty Silt 27 Loam soil is poorly drained; has a high seasonal water table; and has slow to 28 moderate permeability with slow runoff and ponding. Development limitations are 29 generally severe. The Palm -Peg property north of Thomas Road has been landfilled 30 and graded and the Palm -Peg property south of Thomas road has been excavated, 31 filled, and graded. The extensive modifications to the natural soils would make 32 it necessary.for a detailed geo- technical study to be done prior to issuance of 33 a building permit on this property. 34 4. The area depends on wells and septic systems. Limitations for septic systems 35 are seasonal high water; the poor filter of the substratum; and past filling, 36 excavating and grading modifications to the soils. The City of Bellingham 37 currently provides water to the Olivine incinerator facility but City Planning 38 staff has indicated that the rezone property is outside of Bellingham's urban 39 service area and that City service should not be relied upon for future 40 development. i I! 1 FILE REF: 23- 88:CZM i Page 3 0 5. Fire protection is available frow Whatcom County Fire District #8 and the fire I Station at East Bakerview and Northwest Road. The district has mutual aid 2 agreements with Districts #2 and #7, Bellingham, and the Airport. There is a 3 fire hydrant with adequate fire flow for the Olivine incinerator across Thomas 4 Road. 5 6. The rezone area fronts on Pacific Highway. With the exception of short sections 6 connecting with the Slater Road and Bakerview Road intersections, Pacific Highway 7 is an all- weather road. The Preliminary Whatcom County Comprehensive Solid Waste 8 Management Plan specifies that "a short section of Pacific Highway serving the 9 Olivine incineration plant should be upgraded to meet all- weather standards after 10 the plant receives a permanent permit" referring to either the Slater Road or 11 the Bakerview Road intersection. The rezone area is midway between those 12 intersections, both of which provide access to Interstate 5. The Olivine 13 property and the Palm -Peg property front on Thomas Road. Olivine has paved 14 Thomas Road with a bituminous surface treatment and is responsible for 15 maintenance. The property is within three quarters of a mile of the entrance 16 to Bellingham International Airport via Pacific Highway to West Bakerview Road. 17 7. Existing land use includes vacant property to the north with a cover of brush 18 and deciduous trees; a wood waste; non -toxic industrial waste, and demolition 19 debris landfill; a partially excavated and graded vacant parcel; the Olivine 20 solid waste incinerator and landfill site; a church; three more vacant, partially 21 cleared parcels with brush and forest cover; and a single family homesite with 22 outbuildings. Surrounding uses include Interstate 5 and the airport to the west; 23 undeveloped wooded land zoned Light Industrial to the south; undeveloped wooded 24 land zoned Rural -Five Acres to the east; and airport property zoned Airport 25 Operations to the north. The Interstate 5 corridor forms the visual identity 26 of Whatcom County to visitors as well as local residents. Industrial development 27 on the subject property could have negative impacts on that visual identity 28 unless some measures are taken to shield unsightly development from the view of 29 freeway travelers. In 1984 the County Council consciously decided against 30 industrial zoning on a portion of the subject property in order to preserve this 31 "entrance" to the community. 32 8. The proposal is consistent with County Goal Statements except the goal of 33 preventing sprawl and strip development and the goal of utilizing previously 34 committed land areas before committing new areas for development. The proposal 35 is also consistent with the Urban Fringe Subarea Comprehensive Plan amendment 36 criteria. 37 9. Changed conditions include airport expansion to include daily jet passenger 38 service and the expanded 65 Ldn noise zone documented in the airport's most 39 recent Master Plan Update and the development of the Olivine incinerator 40 facility. 41 10. With the exception of the soils and drainage and assuming that public services 42 can be provided, the proposal is consistent with the Light Industrial locational 43 criteria of the Urban Fringe Subarea Comprehensive Plan. FILE REF: 23- 88:CZM Page 4 0 CONCLUSIONS I The proposed Comprehensive Plan amendment and rezone for the subject property is 2 generally consistent with the Urban Fringe Subarea Comprehensive Plan amendment 3 criteria. The proposal is consistent with the general rezone criteria in terms of 4 changed conditions as demonstrated by the recent expansion of airport operations and 5 the projected 65 Ldn noise zone and the development of the Olivine incinerator. The 6 request is generally consistent with the Urban Fringe Subarea Plan's locational 7 criteria for the Light Impact Industrial zone. The only unresolved problems are a 8 lack of sewer and water servicing and the need for upgrading at least one Pacific 9 Highway intersection to all- weather standards. Staff feels that the building and 10 conditional use permit review process are adequate to assure that the proper level 11 of servicing is provided to individual Light Industrial uses in the future. The 12 burden will be upon the property owners to assure that those services are in place 13 before development occurs. The Zoning Ordinance requires that owners of property 14 rezoned to Light Impact Industrial attach to their property and file with the County 15 auditor a covenant stating that the owners will not oppose participation in a County 16 Road Improvement District and Latecomers' Agreement in order to assure all- weather 17 access. The Ordinance also specifies that no development of the rezoned properties 18 shall be permitted until an all- weather road access is provided. (WCC 20.66.655 and 19 WCC 20.80.660). This requirement serves to mitigate transportation impacts. 20 5. Adjudication of invalidity of any of the sections, clauses, or provisions of this 21 Ordinance shall not affect or impair the validity of the Ordinance as a whole 22 or any part thereof other than the part so declared to be invalid. 23 PASSED this 20.th day of April 1988. j 24 Effective on date conccni.tant WHATCOM COUNTY COUNCIL 25 agreement recorded June 28, 1989 WHATCOM COUNTY SHI GTON 26 27 Wald G. Hans y, Chairman/ 28 ATTEST:� (✓APPROVED ( ) VETOED 30 Clerk of the Council Shirley Van Z nten, GUnty Executive T I h November 15, 1988 ' i File Ref: 19- 88:CZM' i WHATCOM COUNTY PLANNING AGENCY REPORT :j IN THE MATTER OF AMENDING THE URBAN FRINGE ) SUBAREA COMPREHENSIVE PLAN MAP FROM RURAL TO ) FINDINGS, REASONS LIGHT INDUSTRIAL PARK AND AMENDING THE OFFICIAL ) AND MOTION WHATCOM COUNTY ZONING MAP FROM RURAL -TWO ACRES ) AND RURAL -FIVE ACRES TO LIGHT IMPACT INDUSTRIAL ) FOR ELEVEN PARCELS TOTALLING APPROXIMATELY 49 ) ACRES ON THE EAST SIDE OF PACIFIC HIGHWAY BETWEEN) HORTON ROAD AND STUART ROAD ) WHEREAS, R. Mark Asmundson, on behalf of Olivine Corporation, Palm - Peg.;; Corporation, et al. has filed an application -requesting a Comprehensive Plan .Map ' <: amendment from Rural to Light Industrial Park and a Zone Map amendment:. from Rural -Two Acres and Rural -Five Acres to Light Impact Industrial for­ eleven parcels totaling approximately 49 acres on the east side of Pacific Highway. between Horton Road and Stuart Road; and WHEREAS, a Determination of Nonsignificance was issued on November, 101 1988; and WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was published in the Westside Record Journal on December 7, 1988, and in the Bellingham Herald on December 10, 1988; and WHEREAS, a public hearing was held before the Planning Commission on this , matter on December 19, 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 future provision of all- weather access, protection: >.' of the Interstate 5 view corridor, protection of the Silver Creek watershed,: and prevention of interference with airport operations. 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.,,,. 1 November 15, 1988' File Ref: 19- 88:CZM 3. The Planning Commission accepted the findings and conclusions as developed by staff except that instead of specifying in the concomitant agreement the type, size, and spacing of landscaping between Pacific highway and Interstate 5, the Planning Director is to approve a landscaping plan prior to any industrial development of the property. 4. The Planning Commission recommends that the Comprehensive Plan amendment and rezone be approved for the Olivine, Palm -Peg, et al. property subject.,:. to a concomitant agreement to address concerns regarding future provision ,of all- weather access, protection of the Interstate 5 view corridor, protection of the Silver Creek watershed, and prevention of interference with airport operations; WHATCOM COUNTY PLANNING COMMISSION Commissioners present at hearing: SIMPSON, GREER, HEERINGA, BAIJOT, VAN DALEN, FUNKHOUSER AND SHEARER Attachments: 1. Staff Report 2. Draft Ordinance 3. Draft Concomitant Agreement 2 Fi 1 e . Ref : 23 -88 December, 16, 1988 ;. WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Palm -Peg Corp., Olivine Corp., et al. (see attached list of owners) REQUEST: The request is to amend the Urban Fringe Subarea Comprehensive Plan Map for 11 (eleven) parcels totaling approximately 49 acres from Rural to Light Industrial' Park and to rezone the property from Rural -Two Acres and Rural -Five Acres.. to Light Impact Industrial. LOCATION: The property is in the southeast quarter of Section 3, Township 38N, Range 2 East and in the northeast quarter of Section 11, Township 38 north, Range 2 East. More speci fi cal ly, the property lies east of Interstate 5, partially fronts on Pacific..­_ Highway, and extends from Horton Road south to Stuart Road (see attached map and list of assessor's parcel numbers). STATUTORY REQUIREMENTS: Pursuant to RCW 36.70.590 legal notice was published in the Westside Record Journal on Wednesday, December 7, 1988, and in the Bellingham Herald on Saturday, December 10, 1988. The Deputy SEPA Official made a Determination of Nonsignificance on November 10, 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 Rural -Two Acres and Rural -Five Acres to Light Impact Industrial would change allowable land uses as follows: FROM: RURAL ZONE: Permitted uses: single family dwellings, agriculture, aquaculture, home occupations, sewage sludge disposal. Conditional uses: .public and community facilities; schools; churches and summer camps; retirement, boarding, convalescent and care facilities; animal hospitals, kennels.;; and stables; seasonal agricultural employee accommodations; private landing strips;"; :'.` mining; neighborhood grocery stores; cottage industries; solid waste disposal;: sports facilities; and small hydropower projects. 1 File Ref: 23 -88 CZM December 16, 1988.:.:; '.:.. ; TO: LIGHT IMPACT INDUSTRIAL ZONE: Permitted uses: Manufacture and fabrication of numerous items including office machines, textiles, clothing, furniture, paper products, leather products, glass products, electrical equipment, instruments, photographic and optical goods, jewelry, musical instruments, sporting goods, toys, metal products and machinery, mobile homes and trailers, and rubber products; processing and packaging of drugs and cosmetics; printing and publishing; freight terminals; boat building and repair; communication facilities; professional offices; contractors' headquarters; wholesale trade; building material yards; restaurants, convenience stores, and gas stations for employees and customers of uses in the district; bottling plants; churches; public and community facilities; and retail sales of merchandise manufactured assembled, or stored on the site. Conditional uses: Manufacture of cement: and plaster products; manufacture of sands; meat packing; repair, service and: ;: sales of motor vehicles, boats, and farm implements; and solid waste facilities. EXISTING CONDITIONS WATER RESOURCES: Groundwater supply is generally low or of uncertain quality in this area and the water table is high and easily contaminated. Surface water.;: is present in various forms. Several intermittent drainages flow through the :property into Bear Creek which feeds into Silver Creek. There are some wetlands; !y'` which act as natural retention for the Silver Creek watershed. A local watershed .. < committee, funded by a Department of Ecology grant, is currently developing watershed management plan for the Silver Creek watershed. Also surface pond ing is present during winter months due to the poor soils. Surface drainage has been considerably altered on some of the property as a result of landfill and::' excavation activities on the Palm -Peg property and the excavation, drainage;, control, and landfill for the ash disposal cells for the Olivine solid waste.~ burner. TOPOGRAPHY AND SOILS: The site is fairly flat and drains to the northeast.' The soil on the property is Whatcom Labounty Silt Loam (70D). It is a deep, poorly; drained soil with a depth to seasonal (December through April) water table of 12 to 36 inches and slow to moderate permeability with slow runoff and occasional winter ponding. Development limitations are generally severe. The soil is; classified as prime when drained and is mainly used for hay, pasture, woodland,; and homesites. The Palm -Peg property north of Thomas Road has been landfilled` and graded and the Palm -Peg property south of Thomas road has been excavated, filled, and graded. According to Buildings and Code staff, the extensive . modifications to the natural soils would make it necessary for a detailed geo technical study to be done prior to issuance of a building permit on this property. WATER AND SEWER SERVICE: The area currently depends on individual wells for f water and individual septic systems for wastewater disposal. Limitations for septic tank absorption fields are the seasonal high water and the poor filter of the substratum. Filling, excavating and grading modifications to soils on F, the property also place limitations on of Bellingham currently provides water Planning staff has indicated that the service area and that City service development. OTHER COMMUNITY FACILITIES: The property is within Whatcom County Fire District: #8 and is within one and one half miles of the fire Station at East Bakerview and Northwest Road. The fire district has mutual aid agreements with Districts, #2 and #7, the City of Bellingham, and the Bellingham International Airport.; Industrial development of the property would require that fire flow requirements ` . be met. There is a fire hydrant with adequate fire flow for the. Olivine incinerator across Thomas Road. TRANSPORTATION: Nine of the eleven parcels in the rezone area front on Pacific Highway (Old 99) which parallels I -5 and has a right -of -way width of 75 feet with approximately 40 feet paved. Total frontage is approximately 2,500 feet. With the exception of short sections connecting with the Slater Road and Bakerview' Road intersections, Pacific Highway is an all- weather road. The Preliminary Whatcom County Comprehensive Solid Waste Management Plan, released last months by the County Engineering Division, specifies that "a short section of Pacific:. Highway serving the Olivine incineration plant should be upgraded to meet all - " weather standards after the plant receives a permanent permit . The-­; approximate 1/4 mile section will cost about $50,000 to upgrade." This statement`: refers to either the Slater Road or the Bakerview Road intersection. The rezone area is approximately 0.9 miles from the Slater Road intersection and approximately the same distance from the Bakerview Road intersection. Both the Slater Road and the Bakerview Road intersections provide north and south bound access to Interstate 5. The Olivine property and the Palm -Peg property front on Thomas Road which is a 60 foot County right -of -way. As part of their conditional use approval, Olivine was required to pave Thomas Road with a bituminous-surface treatment and this has been done. Olivine is also responsible for maintaining the surfacing of Thomas Road. The property is generally within three - quarters of a mile of -the entrance to Bellingham International Airport via Pacific Highway to West Bakerview Road. LAND USE: The Port of Bellingham property and the two parcels owned by Mr. Loney .at the north end of the rezone area are vacant with a cover of brush -and deciduous trees. The Palm -Peg property received a conditional use permit fn 1984 (CU 10 -84) to landfill wood waste and other non-toxic industrial waste. Material' ` used for fill has also included demolition debris of mixed composition. The filled area is north of Thomas Road and the fill material has been covered with soil excavated from the portion of the property south of Thomas Road. It should be noted that the conditional use requirements for 50 feet of screening and.;, buffering along Pacific Highway and 25 feet of screening and buffering along all other property lines and prohibitions on clearing of existing trees and vegetation and placement of landfill material in these buffer zones have been ignored. Other conditions of the permit include Department of Fisheries hydraulics approval for drainage revisions and Buildings and Code approval`". 0 f 3 File •Ref: 23 -88 CZM. >'::.`> December 16, 1988 .the excavation and grading plans on the portion of the property south of Thomas: Road prior to beginning the landfilling. There is no indication in .the conditional use permit files that either of these conditions were complied with `f;. Approximately 500 tons of municipal solid waste was landfilled on the southwest,, corner of the Olivine property in 1973. In 1984 a temporary conditional use; permit was issued to Olivine for an experimental solid waste incinerator and ash disposal fill site- (CU45 -83). In 1986, another conditional use permit was granted (CU 18 -85) for a landfill for inert, non - putrescible, non - combustible wastes limited to masonry and concrete, including imbedded metal or wood,;; construction demolition material comprised of less than 10% wood volume per load, and dirt and rocks on an area of not more than six acres. The landfill operation;:,•.: has not yet begun. In May of 1988 a third conditional use permit (CU8- 88).was'.....�,­ issued for 180 more days of operation of the experimental waste incinerator.; ': Conditions of the permit include compliance with Northwest Air Pollution: Authority emissions standards, bonding for eventual removal of structures,. paving Thomas Road to a width of 24 feet, and a 100 foot setback from the stream and;.;:;;,_:`;,':`;, wetlands (ponds) on the property. The stream setback has not been complied with „. according to Buildings and code staff. This permit will expire in May of 1989. ; Immediately south of the Palm -Peg property is The New Life Fellowship Church: The next parcel south is vacant with forest cover; the next parcel has a home'', and several outbuildings; and the next two are vacant except for a large real estate sign advertising "commercial" property and are partially cleared and partially in brush and trees. Surrounding uses include Interstate 5 and the airport to the west; undeveloped wooded land zoned Light Industrial to the south; undeveloped wooded land zoned ; Rural -Five Acres to the east and northeast; and airport property zoned Airport Operations to the north. The Interstate 5 corridor forms the visual i dent ity:;•; of Whatcom County to visitors as well as local residents. Industrial development on the subject property could have negative impacts on that visual identity unless some measures are taken to shield unsightly development from the view of freeway travelers. In 1984, when the County Council was considering this portion of the Urban Fringe Subarea zoning, there was considerable discussion concerning the possibility of zoning these same parcels (except the Olivine property) Light Industrial. The, result was that the Council consciously decided against. the industrial zoning in order to preserve this "entrance" to the community (Special Council Meeting Public Hearing Minutes, May 10, 1984). ANALYSIS Comprehensive Plan Amendment Criteria The Urban Fringe Subarea Comprehensive Plan requires conformance with criteria for Comprehensive Plan amendment requests: 4 File Ref: 23 -88 CZM December 16, 1988; The amendment.request: ` f; 1. shall conform with the goals of the subarea plan; The proposal is not 2 entirely consistent with the Regional Design Goal of avoiding sprawl and strip 'development (A.1., p. 15) nor the Growth Management Goal of utilizing previously committed land areas before committing new areas for development (B.3., p. 15).' However, due to its good access to both I -5 and the airport, the proposed rezone is consistent with the Land Use Goals of strengthening and stabilizing the tax base and accommodating economic development with due consideration for land use compatibility and transportation accessibility (C.4., p. 6). It is also consistent with the Land Use Goals of promoting a transportation system which . provides for safe and efficient movement of people and goods while avoiding.`. undesirable environmental impacts (C.6., p. 6) because of its location within':; the airport's projected 65 Ldn noise zone. 2. shall be compatible with the existing and planned surrounding land uses:: Based on information in the Bellingham International Airport Master Plan Update:: °` -:':_: published in 1988 regarding appropriate uses within the 65 Ldn noise zone, there` is no question that the proposed Light Industrial designation is more compatible >`.';`.` with the existing airport operations than the existing Rural designation on: the=`_;` - „. property. Residential and public uses in the Rural zone would be negatively impacted by the noise of the airport, whereas the Light Impact Industrial uses;.::_.;” are not necessarily noise sensitive. Compatibility with future Rural land uses `, to the east and northeast would be addressed by the setback and buffering standards of the Light Industrial zone. There is a question of compatibility with the existing church within the rezone area. Staff has received a letter: from Reverend Jeffrey Morrissette stating a passive acceptance of the rezone and acknowledging that the church.may eventually have to relocate due to future industrial development and the County's acceptance of the Olivine incinerator facility. 3. shall not result in unmitigated detrimental impacts to existing transportation systems; Future industrial development of the subject property and future permanent status for the Olivine waste incinerator would require all- weather road access. The Zoning Ordinance requires that owners of property,' : ".;'' rezoned to Light Impact Industrial attach to their property and file with the County auditor a covenant stating that the owners will not oppose participation in a County Road Improvement District and Latecomers' Agreement in order:.to assure all- weather access. The Ordinance also specifies that no development of, "'' the rezoned properties shall be permitted until an all - weather road access;..is. provided. (WCC 20.66.655 and WCC 20.80.660). This requirement serves to mitigate transportation impacts. 4. shall demonstrate a land usage need which is consistent with the environmental and economic policies of the plan; The land usage need is demonstrated by the desires of the subject property owners and the unsuitability of the property for residential uses due to airport noise. There is, however, a question of whether there is a need for more light industrial land in the county, particularly in view of the existing undeveloped light industrial land. 5 File.Ref: 23 -88 CZM December 16, 1988 adjacent to the subject property to the south. Light Industrial Locational Criteria `= The Urban Fringe Subarea Comprehensive Plan lists on pages 20 -21 some physical''_;,' "�',, and social locational criteria for Light Industrial areas. These include flat, well drained area with sufficient soil bearing capacity; absence of incompatible``',:; uses; accessibility to truck, rail, freeway and /or airport transportation;:_' ; location within 45 minutes commuting time from labor pools; and public water"-" sewer, and storm drainage either presently available or feasibly provided in- the`.:;; future. With the exception of the soils and drainage and assuming that public_ '. services can be provided, the proposal is consistent with these criteria. General Rezone Criteria Some general rezone criteria have arisen from various land use court cases "in Washington State. The applicable criterion in this case is the burden of proving that conditions have substantially changed since the most recent zoning Recent expansion of airport services to include daily jet passenger' service constitutes such a change that directly affects the subject property.'°{::" In the airport's most recent Master Plan Update, the 65 Ldn noise zone has been expanded to include part of the subject property rendering it less suitable for ." residential use. Also, the development of the Olivine incinerator facility is> a changed condition. FINDINGS 1. The request is to amend the Urban Fringe Subarea Comprehensive Plan Map for 11 (eleven) parcels totaling approximately 49 acres from Rural to Light Industrial Park and to rezone the property from Rural -Two Acres and Rural Five Acres to Light Impact Industrial. 2. Groundwater supply_i.s uncertain and the water table is high and easily: contaminated. Surface water is present in various forms.- Several.j intermittent drainages flow through the property into Bear Creek which feeds into Silver Creek. There are some wetlands which act as natural;'';;: retention for the Silver Creek watershed. A local watershed committee,. funded by a Department of Ecology grant, is currently developing a';'..' watershed management plan for the Silver Creek watershed. Also surface ponding is present during winter months due to the poor soils. Surface drainage has been considerably altered on some of the property as a result of landfill, excavation, drainage control, and ash disposal cells. 3. The site is fairly flat and drains to the northeast. The Whatcom Labounty Silt Loam soil is poorly drained; has a high seasonal water table; and has slow to moderate permeability with slow runoff and ponding. Development. ; limitations are generally severe. The Palm -Peg property north of Thomas Road has been landfilled and graded and the Palm -Peg property south of i 6 Thomas road has been excavated, filled, and modifications to the natural soils would make it geo- technical study to be done prior to issuance this property. 4. The area depends on wells and septic systems. Limitations for septic:. systems are seasonal high water; the poor filter of the substratum; and';::;', past filling, excavating and grading modifications to the soils. The City:` of Bellingham currently provides water to the Olivine incinerator ":facility, but City Planning staff has indicated that the rezone property is outside of Bellingham's urban service area and that City service should not relied upon for future development. 5. Fire protection is available from Whatcom County Fire District #8 and the, fire Station at East Bakerview and Northwest Road. The district has mutual` aid agreements with Districts #2 and #7, Bellingham, and the Airport.: .' There i s a f re hydrant wi th adequate f re fl ow for the 01 i vi ne i nci nerator across Thomas Road. 6. The rezone area fronts on Pacific Highway. With the exception of short.,' -' sections connecting with the Slater Road and Bakerview Road intersections,.;,. Pacific Highway is an all- weather road. The Preliminary Whatcom County, Comprehensive Solid Waste Management Plan specifies that "a short section of Pacific Highway serving the Olivine incineration plant should'be upgraded to meet al l - weather standards after the pl ant receives a permanent,;; permit" referring to either the Slater Road or the Bakerview Road intersection. The rezone area is midway between those intersections, both of which provide access to Interstate 5. The Olivine property and,the Palm -Peg property front on Thomas Road. Olivine has paved Thomas Road with a bituminous surface treatment and is responsible for maintenance. The property is within three quarters of a mile of the entrance to Bellingham International Airport via Pacific Highway to West Bakerview Road. 7. Existing land use includes vacant property to the north with a cover of brush and deciduous trees; a wood waste, non -toxic industrial waste, and: demolition debris landfill; a partially excavated and graded vacant parcel; the Olivine solid waste incinerator and landfill site; a church; three more vacant, partially cleared parcels with brush and forest cover; and a single.. family homesite with outbuildings. Surrounding uses include Interstate 5 and the airport to the west; undeveloped .wooded land zoned: Light Industrial to the south; undeveloped wooded land zoned Rural -Five Acres to the east; and airport property zoned Airport. Operations to the north. The Interstate 5 corridor forms the visual identity of Whatcom County,.to.;- :.' visitors as well as local residents. Industrial development on the subject::-'' ubject property could have negative impacts on that visual identity unless some.;,? measures are taken to shield unsightly development from the view of freeway travelers. In 1984 the County Council consciously decided against; industrial zoning on a portion of the subject property in order to preserve' this "entrance" to the community. 7 File Ref: 23 -88 CZM 1- :; >=- December 16,1988'.. . }: 8. The proposal is consistent with County Goal Statements except the goal of preventing sprawl and strip development and the goal of utilizing : -.:'. previously committed land areas before committing riew areas for development. The proposal is also consistent with the Urban Fringe Subarea Comprehensive Plan amendment criteria. 9. With the exception of the soils and drainage and assuming that public services can be provided, the proposal is consistent with the locational criteria in the Urban Fringe Subarea Plan for Light Industrial. 10. Changed conditions include airport expansion to include daily jet passenger'. service and the expanded 65.Ldn noise zone documented in the airport's most recent Master Plan Update and the development of the Olivine incinerator;:.,. facility. 11. With the exception of the soils and drainage and assuming that public services can be provided, the proposal is consistent with the Light :: Industrial locatioval criteria of the Urban Fringe Subarea Comprehensive::': Plan. CONCLUSIONS .The proposed Comprehensive Plan amendment and rezone for the subject property .is generally consistent with the Urban Fringe Subarea Comprehensive Plan amendment criteria. The proposal is consistent with the general rezone criteria, in terms of changed conditions as demonstrated by the recent expansion of airport operations and the projected 65 Ldn noise zone and the development of the Olivine incinerator. The request is generally consistent with the Urban Fringe Subarea Plan's locational criteria for the Light Impact Industrial zone. The only „. unresolved problems are a lack of sewer and water servicing and the need for,: upgrading at least one Pacific Highway intersection to all- weather standards. Staff feels that the building and conditional use permit review process are adequate to assure that the.proper level of servicing is provided to individual Light Industrial uses in the future. The burden will be upon the property owners to assure that those services are in place before development occurs. -The Zoning Ordinance requires that owners of property rezoned to Light Impact Industrial attach to their property and file with the County auditor a covenant stating that ; the owners will not oppose participation in a County Road Improvement District ` :_.. and Latecomers' Agreement in order to assure all- weather access. The Ordinance also specifies that no development of the rezoned properties shall be permitted until an all- weather road access is provided. (WCC 20.66.655 and WCC 20.80.660). This requirement serves to mitigate transportation impacts, RECOMMENDATIONS Based on the foregoing findings and conclusions, the Planning Department;`' recommends that the Palm -Peg, Olivine, et al. request to amend the Urban.Fringe , D File Ref: 23- 88.CZM' December I6,I988 Comprehensive Plan and zoning map from Rural -Two Acres and Rural -Five Acres to Light Impact Industrial be approved subject to a concomitant agreement to address concerns discussed in this report. Said agreement should contain the following,`; provisions: 1. Owners of property rezoned to Light Impact Industrial shall attach to their;, property and file with the County auditor a covenant stating that the owners will not oppose participation in a County Road Improvement District and Latecomers' Agreement in order to assure all- weather access. No development of the rezoned properties shall be permitted until an all - weather road access is provided. 2. In order to protect the Interstate 5 view corridor and in addition toAhe`' landscaping required by the Zoning Ordinance, property owners shall plant a partial screen of mixed deciduous and evergreens along the west side of Pacific Highway in front of their individual properties prior to:.any development. The screen shall consist of native evergreen trees at least six feet in height and deciduous trees at least one and one - quarter inches in diameter at the time of planting and native shrubs at least 24 inches high. The plantings shall be massed informally in a quantity equivalent to a spacing of 25 feet on center between trees. The number of shrubs shall be twice the number of trees. A plan for such plantings shall approved by the Zoning Administrator prior to implementation. 3. Light industrial uses shall be developed in such a manner (such ;.'.as clustering and setbacks) as to provide protection for the intermittent,;'..; streams and wetlands which comprise the Silver Creek watershed. 4. Off- premise advertising signs shall be prohibited. 5. Such provisions as necessary to address concerns expressed by the Portof Bellingham before the close of the public hearing for this rezone.. attachments: Map List of property owners and parcel numbers 0 File Ref: 23 -88 CZM . December 16, 1988 PALM- PEG /OLIVINE LIST OF PROPERTY OWNERS PARCEL NUMBER NAME ACRES PARTICIPANT 380203 386076 Arlin Loney Yes 429076 Arlin Loney Yes 500077 Olivine Corporation 18.11 Yes 450022 Port of Bellingham 6.60 Yes 450019 Palm -Peg Corporation 2.47 Yes 380210 470508 Palm -Peg Corporation Yes 484475 Faith Community Church (No objection) 488458 George Wilcox Yes 496442 Melvin Nichols Yes 502424 Melvin Nichols Yes 509411 Robert Walsh No 10 } P. TICE for yj4Z to e7 • rr OF t'MAM t 0 jq s P. P10VESANjb'b f • "y I•j� 11C'_,e 7 OR rON �tT - �� X372- Xu�Z59, 13 y rzr . i X372 -Y,429 to - yl p9 12 ,� ` tr • 7043 If . )pS )F BELL INGMAN %X31 ?9 �W-10 File #23- 88:CZ14 64 2 1 84 Page 1 OLIVINE CORP., PALM -PEG CORP., ET AL. CONCOMITANT AGREEMENT THIS IS AN AGREEMENT made and entered into by and between the undersigned owners of certain parcels of property located in Whatcom County (hereinafter called "Owners ") and Whatcom County, a municipal corporation (hereinafter called "the County "); WITNESSETH: I. WHEREAS, the undersigned parties designated "Owners" are the owners of certain parcels of real property (hereinafter called the "subject property ") located in Whatcom County, which parcels are more fully described in Exhibit A a0 attached hereto and which parcels are shown on the map attached hereto as Exhibit B; and N II. WHEREAS, Owners have applied for a zoning reclassification of the C.0 subject property from RURAL -TWO ACRES and RURAL -FIVE ACRES to LIGHT IMPACT INDUSTRIAL and the Planning Commission has recommended in favor of such reclassification with conditions; and III. WHEREAS, the County Council recognizes it is in the best public interest to rezone the site as requested subject to an appropriate agreement addressing specific issues; and Owners recognize it is in the best public interest to agree to the conditions as proposed by the Planning Commission and as outlined in this agreement; and IV. WHEREAS, the County is working on modifications to landscaping and setback regulations which are essential for adequate visual control of commercial and industrial zones particularly along major transportation corridors which have not been completed as yet; NOW, THEREFORE, this agreement witnesseth, that for and in consideration of the passing of the ordinance changing the subject property from the RURAL - TWO ACRES and RURAL -FIVE ACRES zones to the LIGHT IMPACT INDUSTRIAL zone, and el .14 1 �16�218 File #23- 88:CZM Page 2 of the mutual benefits to each of the parties hereto, the owners, their successors and assigns do hereby covenant and agree: 1. That owners of property rezoned to Light Impact Industrial shall attach to their property and file with the County auditor a covenant stating that the owners will not oppose participation in a County Road Improvement District and Latecomers' Agreement in order to assure all- weather access. No development of the rezoned properties shall be permitted until an all - weather road access is provided. 2. That in addition to the landscaping required by the Zoning Ordinance, property owners shall submit a landscaping plan for the approval of the Whatcom County Director of Land Use and Economic Planning to provide for planting a partial screen along the west side of Pacific Highway in front of their individual properties in order to protect the Interstate 5 view corridor. Said screen shall be planted prior to any development of the individual properties. 3. That light industrial uses shall be developed in such a manner (such as clustering and setbacks) as to provide protection for the intermittent streams and wetlands which comprise the Silver Creek watershed. 4. That off - premise advertising signs shall be prohibited. 5. That in consideration of the location of the subject property directly east of the Bellingham International airport and in consideration of statements contained in the 1988 Airport Master Plan Update Report, Owners agree that for as long as the subject property remains classified for LIGHT INDUSTRIAL use, the subject property may be used for the permitted and conditional uses listed in the LIGHT IMPACT INDUSTRIAL zone district (WCC 20.66) except that the following uses are PROHIBITED: (1) Schools, churches, auditoriums, community centers and other similar non - commercial places of public assembly; (2) Above - ground storage of flammable materials for commercial purposes (e.g. fuel storage tanks) except that storage of fuel for domestic use or for heating a commercial establishment is permitted; va 101 N File #23- 88:CZM Page 3 (3) Smoke or steam pollution sources and open burning which interferes with aircraft visibility; (4) Electrical interference sources such as radio transmitting apparatus or other devices which interfere with aircraft radio and navigation equipment; (5) Artificial lighting or reflective surfaces resulting in glare in the eyes of pilots or impairing visibility; 6. If development occurs prior to final action on revised landscaping regulations presently being proposed for Title 20, a bond or other security in an amount and form acceptable to the County shall be provided to allow landscaping to be deferred for up to six months with the understanding it wi`il be completed in accordance with the revised regulations. Alternatively landscaping can be completed in accordance with a plan approved by the Director of Land Use and Economic Planning. Requirements for the plan will be based on the draft regulations. If no action occurs on the revised regulations within six months of execution of this agreement this condition shall be void. 7. That this agreement shall constitute a covenant running with the land and shall be binding upon Owners, their 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 the Ordinance. 8. 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. 9. 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. VVA 113T 6, p i2 File #23- 88:CZM I G 2 l 8 Page 4 Executed by WHATCOM COUNTY this M< <4� day of 1989, pursuant to authority contained in Ordinance Z7�1- ? 9 ATTEST: Clerk of the Council Ap roved s Ao - orm: County Pros cutor COUNTY COM L COUNTY WASWIRGTO WnaTd Ha Chairperson ( ✓f APPROVED ( ) VETOED 4L Shirley Van tanten County Executive Date: 1g9 File #23- 88:CZM 1 6 ►� 2 1 8 Page 5 Agreed by pz(-ithis 00 day of 1989 Name of roperty owner(s) Assessor's parcel number (signature) State of Washington \� County of Whatcom��;'���'� certify that I know or have satisfactory evidence that _(� Q _ ? . `t. signed this Instrument, on oath stated that he /she was the true legal owner of the parcel therein"iOntifled�;'-., and acknowledged it to be the free and voluntary act of such person for the purposes and L es. me�tigned rp In the instrument. '' ' '' II�1 ��� Dated: `-t Signature of, \Not . _ary= .PubUc " . \ a ao Residing at Cj AK Appointment Expires: "" \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Agreed by OL-I VII' OP01 this day of 1989 Name of property owner(s) Assessor's parcel number (signature) State of Washington County of Whatcom certify that I know or have satisfactory evidence that -apr4w z5kt 4T T-, ®lLvuc 6*A, signed this instrument, on oath stated that he /she was the true legal o ne4v r 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: ZO Signature of Notary Public Residing at l l Appointment Expires: 3 File #23- 88:CZM i 1 Page 6 A fa Agreed b CI���C�f ��ir ✓r�G�v�. g y � this2-66 day of ,` 1989 Name of property owner(s) Assessor's parcel number 4� r 45V" (signature) U (signature) State of Washington County of Whatcom I certify that I know or have satisfactory evidence that aw, B signed this instrument, on oath stated that he /she was the true legal owner 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: Signature of Notary Public j Residing at !' Appointment Expires: - 1 X Agreed by t h i s ay of 4 / , 1989 Name of property owner(s) Assessor's parcel number )Z 9071(o gnature) (signature) State of Washington County of Whatcom I certify that I know or have satisfactory evidence that , X ( h.- L&, signed this instrument, on oath stated that he /she was the true legal owner of the parcelltherein identified, and acknowledged it to be the free and voluntary act of such person for the purposes and uses mentioned In the instrument. Dated: Za g // Signature of Notary Public Residing at li �— Appointment Expires: ,10460% Vv os--t File #23- 88:CZM Page 7 Agreed by �'C,7- c� < /� � � �'t�`�r°� this �� day of �% Y 1989 Name of property owner(s) Assessor's parcel number, State of Washington County of Whatcom (signature) (signature) I certify that I know or have satisfactory evidence that 1 . ID . J— �`�(Y'� signed this instrument, on oath stated that he /she was the true legal owner,of the parcel\ and acknowledged it to be the free and voluntary act of such person for the purposes anc In the Instrument. \ �,> 1,',.�`o�:;��i,� i •� +� \. Dated: E r .Signat4r pf,.No u,q ,id" Residing a Appointment Expir ''' °'° ` ',� V -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- �Jlll l'r { r Agreed by �� �wLNti L �.���- %�i�.� (,.,Y�� thi s %41 - day of „ri 198`x.. Name of Oroperty owner(s) Assessor's parcel number `k q- 76 NN f� (signature) 1 / (signature) State of Washington County of Whatcom I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he /she was the true legal owner 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: Signature of Notary Public Residing at Appointment Expires: VVA l01 CONv File #23- 88:CZM 6 2 18 Page )V"? Agreed by ia;�S G�vn�,a,00�,2 �''����/, - �f�7�.d { //�d�sK`ii s `— day of ,. 1989 Name of property owner(s) Assessor's parcel number State of Washington S (signature) r—al 14Av , Y*4V signature) County of Whatcom ,,�� II II , / I certify that I know or have satisfactory evidence that I7'^ x t S Lk ¢wY ` 6 signed this instrument, on oath stated that he /she was the true4egal owner of the parcel t erein identified, Cu Ion and acknowledged it to be the free and voluntary act of such person for the purposes and uses mentioned S in the instrument. Dated: Signatur o Notary Public Residing at //4 Appointment Expires: 'v Agreed by Name of property owner(s) Assessor's parcel number State of Washington County of Whatcom this day of (signature) (signature) , 1989 I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he /she was the true legal owner 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: Signature of Notary Public Residing at Appointment Expires: 0IS--1 7 1 File #23- 88:CZM Page Gj 16 �a-2 - 8 Agreed by 1A— e- -j,1;'&) 11�c-i;10&,5 this 2 ©1day of 41 ✓ 1989 Name of property owner(s) Assessor's parcel number; (signa u e (signatu e) State of Washington County of Whatcom n I certify that I know or have satisfactory evidence that signed this Instrument, on oath stated that he /she was the true legal owner 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: Z 0 Signature of Notary,Public Residing at �l���i�"�"� Appointment Expires: 3 1. A � 3 Agreed by this day of 1989 Name of property owner(s) Assessor's parcel number, (signature) (signature) State of Washington County of Whatcom I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he /she was the true legal owner 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: Signature of Notary Public Residing at Appointment Expires: Y041q 0