HomeMy WebLinkAboutord1989-036I File Ref 01- 89:CZM INTRODUCED BY: Consent
2 PROPOSED BY: Planning
3T DATE: March 16, 1989
4 ORDINANCE NO. 89 -36
5 AN ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY SUBAREA
6 COMPREHENSIVE PLAN MAP FROM URBAN RESERVE MEDIUM DENSITY TO LIGHT
7 INDUSTRIAL PARK AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
8 URBAN RESIDENTIAL MEDIUM DENSITY TO LIGHT IMPACT INDUSTRIAL FOR A
9 9.89 ACRE PARCEL APPROXIMATELY 400 FEET NORTH OF TROMP ROAD ON THE
10 WEST SIDE OF THE GUIDE MERIDIAN.
11 WHEREAS, Robert Kiel has filed an application requesting a Comprehensive
12 Plan Map amendment from Urban Reserve Medium Density to Light Industrial Park
13 and a zone map amendment from Urban Residential Medium Density (URM -6) to Light
14 Impact Industrial for a 9.89 parcel, west of the Guide Meridian Road and
15 approximately 400 feet north of Tromp Road ; and
16 WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was
17 published in the Westside Record Journal on February 8,1989 and in the Bellingham
18 Herald on February 11, 1989 for the February 21, 1989 hearing; and
19 WHEREAS, a determination of non - significance was issued on January 5, 1989
20 by the Deputy SEPA Responsible Official; and.
21 WHEREAS, the Planning Department reviewed the request and prepared a staff
22 report, attached, recommending favorably to the Comprehensive Plan Map amendment
23 and rezone request; and
24 WHEREAS, the Planning Commission held a public hearing on the proposal on
25 February 21, 1989 and heard all testimony on the issues and after due
26 deliberation made a determination that the application be approved; and
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WHEREAS, the Council, at a public meeting on April 6, 1989, reviewed and
approved the Planning Commission recommendations; '
NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
1. The Comprehensive Plan Map amendment from Urban Reserve Medium Density to
Light Industrial Park and a zone map amendment from Urban Residential
Medium Density (URM -6) to Light Impact Industrial si hereby approved for
a 9.89 parcel, west of the Guide Meridian Road and approximately 400 feet
north of Tromp Road in the NE1 /4 of the SE1 /4 of Section 24, Township 40
North, Range 2 East, W.M. Assessor's parcel #400224 - 489200
2. The Council finds the public health, safety and general welfare are
promoted by the above change.
3. The Council adopts the following findings and conclusions developed by the
staff and the Planning Commission:
1. The proposal is generally consistent with at least five out of the
seven Urban Fringe Subarea Comprehensive Plan amendment criteria.
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1 2. The subject property has been used for storage of farm equipment for
2 approximately six years. In that time neither the Planning Department
3 nor Building and Codes has received any complaints regarding this
4 activity. The use of this parcel for storage appears to be predicated
5 on a need to expand the present farm equipment business. There is no
6 other adjacent property immediately available in the LII or GC
7 districts to expand this business.
8 3. Very permeable soils are a limiting factor on this property. Rapid
9 movement of water though the substratum means that the soil is a poor
10 filter for septic tank absorption fields.
11 4. The proposal is consistent with County Goal Statements except the
12 goal of utilizing previously committed land areas - before committing
13 new areas for development.
14 5. With the exception of the soils, and assuming that public services
15 will eventually be provided by the city of Lynden, the proposal is
16 consistent with the locational criteria in the Urban Fringe Subarea
17 Plan for Light Industrial.
18 4. Adjudication of invalidity of any of the sections, clauses, or provisions
19 of this Ordinance shall not affect or impair the validity of the Ordinance
20 as a whole or any part thereof other than the part so declared to be
21 invalid.
22 PASSED this 20th day of April , 1989
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27 ATTEST:
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29 Clerk of the Council
30 APPROVED AS TO FORM:
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33 Dave Cottin fam
34 Civil Depu Prosecuting Attorney
WHATCOM COUNTY UNCIL
TCOM COUNT SHIN ON
onald G. se , C airperson
(,J'APPROVED ( ) VETOED
Ja �L M✓
Shirley Van anten, C my Executive
Date April 24, 1989
WHATCOM COUNTY PLANNING DEPARTMENT
AGENCY REPORT
IN THE MATTER OF AMENDING THE LYNDEN - NOOKSACK VALLEY )
SUBAREA COMPREHENSIVE PLAN MAP FROM URBAN RESERVE )
MEDIUM DENSITY TO LIGHT INDUSTRIAL PARK AND THE )
OFFICIAL WHATCOM COUNTY ZONING MAP FROM URBAN )
RESIDENTIAL MEDIUM DENSITY TO LIGHT IMPACT INDUSTRIAL )
FOR A 9.89 ACRE PARCEL APPROXIMATELY 400 FEET NORTH )
OF TROMP ROAD ON THE WEST SIDE OF THE GUIDE MERIDIAN )
File #01- 89:CZM
March 3, 1989
FINDINGS, REASONS
AND MOTION
WHEREAS, Robert Kiel has filed an application requesting a Comprehensive
Plan Map amendment from Urban Reserve Medium Density to Light Industrial Park
and a zone map amendment from Urban Residential Medium Density (URM -6) to Light
Impact Industrial for a 9.89 parcel, west of the Guide Meridian Road and
approximately 400 feet north of Tromp Road ; and
WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was
published in the Westside Record Journal on February 8,1989 and in the Bellingham
Herald on February 11, 1989 for the February 21, 1989 hearing; and
WHEREAS, a determination of non - significance was issued on January 5, 1989
by the Deputy SEPA Responsible Official; and
WHEREAS, the Planning Department reviewed the request and prepared a staff
report, attached, recommending favorably to the Comprehensive Plan Map amendment
and rezone request; and
WHEREAS, the Planning Commission held a public hearing on the proposal on
February 21, 1989 and heard all testimony on the issues and after due
deliberation made a determination that the application be approved;
NOW, THEREFORE, BE IT RESOLVED:
Findings of Fact and Reasons for Action
1. That a quorum of Commission members was present at the hearing.
2. That the statutory requirements were met regarding legal notice and SEPA
review.
3. That the Planning Commission unanimously concurred with the findings and
conclusions in the attached staff report and recommends to the Council that
a Comprehensive Plan Map amendment from Urban Reserve Medium Density to
Light Industrial Park and a zone map amendment from Urban Residential
Medium Density (URM -6) to Light Impact Industrial, in the NE1 /4 of the
SE1 /4 of Section 24, Township 40 North, Range 2 East,W.M. Assessor's parcel
#400224 - 489200, be granted.
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File #01- 89:CZM
March 3, 1989
Done and passed by a unanimous vote (9 -0) on the 21st day of February, 1989.
Commissioners present: Van Dalen, Funkhouser, Heeringa, Baijot, Freeman,
Shintaffer, Almskaar, Ernst, Simpson.
WHATCOM COUNTY PLANNING COMMISSION
David Simpson C air son
M�j u - �A
Daniel W. Tay , Secretary
Attachments: Staff Report
F;
File #01-89
February 16, 1989 - Page.1
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT: ROBERT KIEL
REQUEST
The request is to amend the Lynden Nooksack Valley Subarea Comprehensive Plan
Map and the official Whatcom County Zoning Map from URBAN RESERVE MEDIUM DENSITY
and URBAN RESIDENTIAL MEDIUM DENSITY (URM -6) respectively, to LIGHT INDUSTRIAL
PARK and LIGHT IMPACT INDUSTRIAL for a 10 acre parcel owned by Robert Kiel.
LOCATION
The property is approximately 500 feet north of Tromp Road on the west side of
Guide Meridian in the NE1 /4 of the SE1 /4 of Section 24, Township 40 north, Range.
2 east, W.M.
STATUTORY REQUIREMENTS
Pursuant to RCW 36.70.590 legal notice was published in the Westside Record .J
Journal on Wednesday, February 8, 1989, and in the Bellingham Herald on Saturday,
February 11, 1989. The Deputy SEPA Official made a Determination of:., .
Nonsignificance on January 5, 1989.
REGULATORY EFFECTS OF THE REQUEST
A change in zoning from Urban Residential Medium Density (URM -6)to Light Impact ?
Industrial would change allowable densities, minimum lot size, and land uses as
follows:
FROM: URBAN'RESIDENTIAL MEDIUM DENSITY (URM -6):
Under the existing zoning of URM -6, density is limited to 1 dwelling unit per
five acres without sewer and water. If public sewer and water are provided then
a density of six dwelling units per acre is allowed. The minimum lot size in
this case is 7,200 sq.ft.
Permitted uses: Single family dwellings, duplexes, multifamily dwellings,
noncommercial neighborhood parks, public recreation facilities, private non-
commercial boat docks on man -made canals.
Conditional uses: Public and community facilities, public and private schools,
churches, summer camps, retirement homes, boarding homes, convalescent homes,
social and health rehabilitation centers, children and adult care centers in a
building used as a residence, and other health related services consistent with
the purpose of the district, rooming houses, bed and breakfast lodgings, mobile
home parks, professional offices, golf courses, a temporary home, trailer or
motor home, private non - commercial boat docks, launches, floats, moorage and boat
houses.
File #01- 89:CZM
February 16, 1989 -- Page 2
TO: LIGHT IMPACT INDUSTRIAL ZONE:
There are no density requirements in the LII zone. The minimum lot size must be
consistent with the area required to meet the Building Setback, Lot Coverage,
Buffer, Open Space and Development Standards of this district. The Health
Department allows a minimum of one septic system per acre with two conditions:
that the site have a public water system in place, and; that soil conditions are
conducive to proper filtration of effluent.
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' head-
quarters, 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.
PERFORMANCE STANDARDS,DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS:
If this area is rezoned, as conditional use or building permits are applied for
staff will review the applications to insure that the provisions of Title 20 and
other regulations are complied with. In addition to these regulations, the
property is subject to buffer requirements at the time that building construction
takes place. A review of section 20.66.550 indicates that when a building site
is located adjacent to a zoning district such as the URM -6 district located
immediately'to the south, a buffer and planting strip of not less than fifty feet
is required along the common property line. The section continues, by stating
that "The fifty foot screen width may be reduced where it can be demonstrated
that the screening can adequately accomplish the purposes stated in this
subsection ".
The western half of this property is currently forested and, thus, provides the
necessary screening on that portion of the property. Screening to the north is
not necessary because the property abuts Light Impact Industrial at it's northern
boundary. It appears that the only place that screening will be required is along
a 450' property line that abuts the mobile home park.
EXISTING CONDITIONS
GEOLOGY AND GROUNDWATER RESOURCES: This property and the properties surrounding
it all sit on Sumas Outwash Deposits. "fhe Fraser glacier deposited great
quantities of sand in this area as it retreated up the Fraser valley. Groundwater
supply in this area is generally high with a water table at 70 feet above sea
level.
February 16,
TOPOGRAPHY SURFACE WATER AND SOILS: USGS topography maps indicate that ground
level at this site is roughly 80 feet, only slightly higher than the water table
elevation. The site is fairly flat and drains to the southwest.
A ravine runs through the western end of the property where a branch of Bertrand
Creek drains this and other properties in the watershed. The Lynden Nooksack
Valley Subarea Background Document reports that this and other creeks in the-
area have water quality problems related to intensive use of adjacent lands for'::
agriculture.
The soil on the property is Lynden sandy loam (79A, 79B). It is a deep, well
drained soil with a depth to seasonal (December through April) water table of
60 inches or more with rapid to very rapid permeability. Development limitations
are generally slight to moderate. The soil is classified as prime farmland. it
is also well suited for development. However, a limiting factor is that the
soil allows very rapid movement of water though it's substratum and consequently
is a poor filter for septic tank absorption fields.
WATER AND SEWER SERVICE: The property is inside the Kok Road water association.
and will have to rely on individual septic systems for wastewater disposal. As
was mentioned earlier, limitations for septic tank absorption fields are the high
water table and the poor filtration of the substratum. Although the property
is almost immediately adjacent to the city of Lynden, Terry Klimpel, the Director
of Public Works in Lynden, has indicated that the City only provides sewer and
water within its incorporated area and that there are no immediate plans to
annex the property. Mr. Klimpel did say that he feels that the area will
eventually be annexed.
TRANSPORTATION: The majority of the property is located behind two properties
which front the Guide Meridian Road (State Highway #539) one of which is owned
by the applicant. However, the subject property does have its own access to the
Guide.
EXISTING LAND USE AND ZONING: The subject property is a grass field with mixed
trees and a creek on the western three acres. There are no buildings on it but
the property is being used to store farm equipment by the retail farm equipment
business adjacent to this property. Immediately to the north is a 14 acre parcel
which has one house and various other buildings on it. This parcel is zoned Light
Impact.Industrial. To.the west, fronting the Guide, is a 1.12 acre parcel with
a residence on it and two parcels where the retail farm equipment business is
located. These properties are zoned General Commercial. The subject property also
has a finger of land that extends to the Guide Meridian. This small portions of
the property is currently zoned General Comercial (GC). Immediately south of
these parcels is a used car lot also zoned General Commercial. To the east of
the used car lot and south of the subject property is a mobile home court with
approximately 35 residences. The mobile homes as well as the single family
residence to the east are zoned Urban Residential Medium Density (URM -6).
File #01- 89:CZM `.
February 16, 1989 -- Page 4
COMPREHENSIVE PLAN CRITERIA:
Light Industrial Locational Criteria
The Lynden Nooksack Valley Subarea Comprehensive Plan lists some physical and
social locational criteria for Light Industrial areas (pages 27 and 28). These
include flat well drained area with sufficient soil bearing capacity; parcels
of adequate size to accommodate buffer and bulk regulations; 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. Assuming that
public services can eventually be provided, the proposal is consistent with these
criteria.
Light Industrial Policy Statements
There are a number of paragraphs in the section titled Policy Statements (page
52) that specifically address the area surrounding the subject property.
Paragraph 6.03 states that "the designated LIGHT INDUSTRIAL PARK areas situated
directly west of Lynden will be provided with urban utility services..."
Paragraph 6.03.1 is more specific, "The planned industrial areas west of Lynden'.';
shall be served with public water and sewer from Lynden..." There is also a
caution regarding wastewater effluent in paragraph 6.03.5, "The Light Industrial
Park areas located west of Lynden and west of Everson contain soils with rapid
permeability that may cause groundwater to be vulnerable to contamination. Thus,
wastewater disposal systems and stormwater drainage facilities are encouraged
to be designed to minimize the volume and types of leachates that could reach
and adversely affect groundwater supplies."
ANALYSIS
Comprehensive Plan Amendment Criteria
The Lynden Nooksack Subarea Comprehensive Plan requires conformance with four
criteria for Comprehensive Plan amendment requests:
1. The amendment is based on changed conditions: There have been no
substantial changes since the time that the Lynden Nooksack Valley Subarea
Comprehensive Plan was finished. However, according to Mr. Kiel, the
property has been increasingly used for the storage of farm equipment since
April of 1983.
2. The amendment corrects a previously unknown informational error: None
identified.
3. The amendment is consistent with the adopted Whatcom County Goal
Statements: The proposal is not consistent with the Growth Management Goal
of utilizing previously committed land areas before committing new areas
for development (B.3, p.5). However, the proposal is generally consistent
with the Regional Design Goal of avoiding sprawl and strip development
(A.1., p.5). Due to its good access to The Guide Meridian, the proposed
rezone is also consistent with the Land Use Goals of strengthening and
stabilizing the tax base and accommodating economic development with due
4.
5.
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consideration for land use compatibility and transportation accessibility.
(C.4, p•6)•
rather than individual pecuniary interests: There is no direct t
the general public. The amendment essentially allows a business
in an area that is predominately zoned for industrial activity.
The amendment is not arbitrary and capricious: Mr. Kiel has operated his
business at this location for many years. As the business has grown so
has the need for expansion of on site facilities and storage. For the last
six years Scholten Equipment has been using the 10 acre subject property
for storage of farm equipment without the knowledge that URM -6 district
(where this land is located) does not allow this type of use. In that time
neither the Planning Department nor Building and Codes has received any.
complaints against this activity. Upon learning of this error, Mr. Kiel,;'.',:''`
submitted an application to have the property rezoned to LII.
The amendment is consistent with existing and planned surrounding land
uses: A change in the zoning to LII would be consistent with most of the
.current zoning in the area. The subject property abuts an LII district
to the north and a General Commercial(GC) district to the east. To the
south is a URM -6 of which the subject property is currently a part. To the
south of the URM -6 district and across Tromp Road is another large LII and
a GC district. The western property line abuts the Agriculture zoning
district. The change could create a potential use conflict with the URM -
6 zoning district to the south where a mobile home park is located.
7. The amendment w01 not result in unmitigated adverse imaacts to existin
or planned transportation networks, or existing or planned utility
servicing: Presently, there exists a public water association to serve
this parcel. Conversations with the Public Works Department of Lynden
indicate that the City does have long range plans to annex this industrial
area. The subject property's location and access to the Guide Meridian make
this a logical extension of the LII zone.
FINDINGS
1. The subject property has been used for storage of farm equipment for
approximately six years. In that time neither the Planning Department nor
Building and Codes has received any complaints regarding this activity.
The use of this parcel for storage appears to be predicated on a need to
expand the present farm equipment business. There is no other property
available in the LII or GC districts to expand this business.
2. Ground level at this site is roughly 80 feet, only slightly higher than
the water table elevation. Very permeable soils are a limiting factor on
this property. Rapid movement of water though the substratum means that
the soil is a poor filter for septic tank absorption fields. A ravine runs
through the western end of the property where a branch of Bertrand Creek
drains this and other properties in the watershed. Preservation of this
creek should be considered in the future.
File #01 -89: CZM
February 16,.1989 -- Page 6
The proposal is consistent with County Goal Statements except the,goal of.-
previously committed land areas before committing new areas for
development. The proposal is generally consistent with at least four out
of the seven Urban Fringe Subarea Comprehensive Plan.amendment criteria.
With the exception of the soils 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.
5. There are no density requirements in the LII zone. The minimum lot size
must be consistent with the area required to meet the Building Setback,
Lot Coverage, Buffer, Open Space and Development Standards of this
district. The Health Department allows a minimum of one septic system per,
acre with two conditions: that the site have a public water system in place
and; that soil conditions are conducive to proper filtration of effluent.
CONCLUSIONS
The proposed Comprehensive Plan amendment and rezone for the subject property
is not entirely consistent with the Lynden Nooksack Valley Subarea Comprehensive.
Plan amendment criteria. The request is generally consistent with the Urban
Fringe Subarea Plan's locational criteria for the Light Impact Industrial zone.
However, there are some unresolved problems that need attention, they include:
The lack of sewer services in the immediate future. This raises the possibility.;
that intensive use of the property prior to a utility extension from the city.
of Lynden may result in some groundwater contamination. Careful enforcement of
the Sewage Control Rules and Regulations would help minimize any impacts to the:-,..,...:,
groundwater. Water quality of the stream is another issue. Mr. Kiel has indicated
that he will establish a 50' buffer on each side of the stream to protect against
further degradation of the stream. Finally there is the presence of a non
conforming mobile home park in a URM -6 zoning district immediately to the south.
The proposed amendment may create the potential for use conflicts in the future.
These kinds. of conditions appear to be ideally resolved through the use of 'a
contract rezone agreement. However, this tool has been overworked in the past
and all the available information regarding this proposal seems to indicate.that
it is not necessary. For the past six years the property has been used for the
same purposes as the proposed use without complaint. Additionally, the present :
URM -6 district is-almost entirely surrounded by LII or GC. This leads staff to
the conclusion that a Light Impact Industrial change for this 10 acre parcel is
a logical extension of the existing Light Impact Industrial District. Staff also
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 service regulations and standards are complied with.
RECOMMENDATION
Based on the foregoing findings and conclusions, the Planning Department
recommends that the request to amend the Lynden Nooksack Subarea Comprehensive
Plan Map and the official Whatcom County Zoning Map from URBAN RESERVE MEDIUM
DENSITY and URBAN RESIDENTIAL MEDIUM DENSITY respectively, to LIGHT INDUSTRIAL
PARK and LIGHT :IMPACT INDUSTRIAL for a 10 acre parcel owned by Robert Kiel be
approved.
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File #01 -89: CZM
February 16,.1989 -- Page 6
The proposal is consistent with County Goal Statements except the,goal of.-
previously committed land areas before committing new areas for
development. The proposal is generally consistent with at least four out
of the seven Urban Fringe Subarea Comprehensive Plan.amendment criteria.
With the exception of the soils 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.
5. There are no density requirements in the LII zone. The minimum lot size
must be consistent with the area required to meet the Building Setback,
Lot Coverage, Buffer, Open Space and Development Standards of this
district. The Health Department allows a minimum of one septic system per,
acre with two conditions: that the site have a public water system in place
and; that soil conditions are conducive to proper filtration of effluent.
CONCLUSIONS
The proposed Comprehensive Plan amendment and rezone for the subject property
is not entirely consistent with the Lynden Nooksack Valley Subarea Comprehensive.
Plan amendment criteria. The request is generally consistent with the Urban
Fringe Subarea Plan's locational criteria for the Light Impact Industrial zone.
However, there are some unresolved problems that need attention, they include:
The lack of sewer services in the immediate future. This raises the possibility.;
that intensive use of the property prior to a utility extension from the city.
of Lynden may result in some groundwater contamination. Careful enforcement of
the Sewage Control Rules and Regulations would help minimize any impacts to the:-,..,...:,
groundwater. Water quality of the stream is another issue. Mr. Kiel has indicated
that he will establish a 50' buffer on each side of the stream to protect against
further degradation of the stream. Finally there is the presence of a non
conforming mobile home park in a URM -6 zoning district immediately to the south.
The proposed amendment may create the potential for use conflicts in the future.
These kinds. of conditions appear to be ideally resolved through the use of 'a
contract rezone agreement. However, this tool has been overworked in the past
and all the available information regarding this proposal seems to indicate.that
it is not necessary. For the past six years the property has been used for the
same purposes as the proposed use without complaint. Additionally, the present :
URM -6 district is-almost entirely surrounded by LII or GC. This leads staff to
the conclusion that a Light Impact Industrial change for this 10 acre parcel is
a logical extension of the existing Light Impact Industrial District. Staff also
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 service regulations and standards are complied with.
RECOMMENDATION
Based on the foregoing findings and conclusions, the Planning Department
recommends that the request to amend the Lynden Nooksack Subarea Comprehensive
Plan Map and the official Whatcom County Zoning Map from URBAN RESERVE MEDIUM
DENSITY and URBAN RESIDENTIAL MEDIUM DENSITY respectively, to LIGHT INDUSTRIAL
PARK and LIGHT :IMPACT INDUSTRIAL for a 10 acre parcel owned by Robert Kiel be
approved.
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