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HomeMy WebLinkAboutord1989-039I FILE #15- 88:CZM INTRODUCED BY: Consent 2 PROPOSED BY: Planning 3 DATE: _ 10 -20 -88 4 ORDINANCE NO. 89 -39 5 AN ORDINANCE AMENDING THE URBAN FRINGE SUBAREA COMPREHENSIVE PLAN 6 MAP FROM RURAL AND TOURIST COMMERCIAL TO GENERAL COMMERCIAL AND THE 7 OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL -TWO ACRES AND TOURIST 8 COMMERCIAL TO GENERAL COMMERCIAL FOR APPROXIMATELY 32 ACRES EAST 9 OF INTERSTATE 5, FRONTING PACIFIC HIGHWAY FROM SLATER ROAD SOUTH 10 TO APPROXIMATELY 500 FEET SOUTH OF WALDRON ROAD 11 WHEREAS, George Hamilton has filed an application on behalf of the owners 12 of 15 parcels, requesting a Comprehensive Plan map amendment from Tourist 13 Commercial and Rural to General Commercial and a zone map amendment from Tourist 14 Commercial and Rural -Five Acres to General Commercial for 21 parcels totaling 15 approximately 28 acres south of Slater Road and east of and fronting on Pacific 16 Highway in the Urban Fringe Subarea; and 17 WHEREAS, a legal notice was published in the Westside Record Journal on 18 September 14, 1988, and in the Bellingham Herald on September 17, 1988 and 19 a Determination of Nonsignificance was issued on September 8, 1988 by the Deputy 20 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 i 25 September 27, 1988 and heard all testimony on the issues and after due 26 deliberation made a determination that the application be approved subject to a 27 concomitant agreement to address concerns raised by the Aviation Manager for the 28 Bellingham International Airport; and 29 WHEREAS, the Council at .public meetings on November 3, 1988 and May 4, 30 1989 reviewed and approved the Planning Commission recommendations; and 31 WHEREAS, the Council further recommends approval of Kaare Nelson's and 32 Leonard Kartz' requests to include their parcels in the subject proposal; j 33 NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows: 34 1. The Comprehensive Plan Map amendment from Rural and Tourist Commercial to 35 General Commercial and the zone map amendment from Rural -Two Acres and i 36 Tourist Commercial to General Commercial are hereby approved for the 37 following parcels bearing Assessor's parcel numbers (as of September 38 27.1988) as follows and including road rights of way north to the center i 39 line of Slater Road and the center line of the Interstate 5 interchange, 40 and west to the center line of Interstate 5: 41 380203 - 155425; 380203 - 158483; 380203 - 167463; 380203 - 179400; 42 380203 - 180419; 380203- 181439; 380203 - 186397; 380203 - 192463; 43 380203 - 201391; 380203 - 216383; 380203 - 229375; 380203 - 232366; 44 380203 - 239351; 380203 - 249331; 380203 - 251309; 380203 - 253298; 1 J 1 380203- 260285; 380203 - 265260; 380203 - 267250; 380203 - 295225; 2 380203 - 295210; 380203 - 293259; 380203 - 297245 3 subject to a concomitant agreement that limits uses to address the 4 concerns of the Bellingham International Airport. i 5 2. The Council finds the public health, safety and general welfare are 6 promoted by the above change. 7 3. The Council adopts the following findings and conclusions developed by the 8 staff and the Planning Commission: 9 (1) The proposal is generally consistent with the goals and policies of 10 the Urban Fringe Subarea Comprehensive Plan. 11 (2) Recent expansion of the Bellingham International Airport operations 12 constitutes substantially changed conditions, rendering the subject 13 property less suitable for tourist commercial and residential uses 14 than for general commercial uses. 15 (3) Availability of adequate water and sewer service will determine the 16 extent of future commercial development on the subject property. 17 The forthcoming County Sewer and Water Comprehensive Plan will 18 address this issue. 19 4. Adjudication of invalidity of any of the sections, clauses, or provisions 20 of this Ordinance shall not affect or impair the validity of the Ordinance 21 as a whole or any part thereof other than the part so declared to be 22 invalid. 23 PASSED this 4th day of May 1988. 24 WHATCOM COUNTY COUNCIL 25 TCOM COUNT SH GTON 26 27 onatd.G. #fse , .hA4rman 28 ATTEST: APPROVED ( ) VETOED 29 �t�li UG., 30 Clerk of the Council Shirley Vani Zanten, County Executive 31 APPROVED AS TO FORM: 32 �'� Date �Gtn y 9 8 f 33 /C 34 Dave Cotti m 35 Civil Deput rosecuting Attorney 36 37 2 File #15- 88:CZM September 27, 1988 WHATCOM COUNTY PLANNING DEPARTMENT AGENCY REPORT IN THE MATTER (IF AMENDING THE URBAN FRINGE SUBAREA ) COMPREHENSIVE PLAN MAP FROM RURAL AND TOURIST COM- MERCIAL TO GENERAL COMMERCIAL AND THE OFFICIAL WHAT- ) CON COUNTY ZONING MAP FROM RURAL -FIVE ACRES AND TOUR -) FINDINGS IST COMMERCIAL TO GENERAL COMMERCIAL FOR APPROXIMATE -) REASONS AND LY 28 ACRES EAST OF INTERSTATE 5, FRONTING ON PACIFIC) MOTION HIGHWAY FROM SLATER ROAD SOUTH TO APPROXIMATELY 500 ) FEET SOUTH OF WALDRON ROAD ) WHEREAS, George Hamilton has filed an application on behalf of the owners of 15 parcels, requesting a Comprehensive Plan map amendment from Tourist Commercial and Rural to General Commercial and a zone map amendment from Tourist Commercial and Rural -Two Acres to General Commercial for 21 parcels totaling approximately 28 acres south of Slater Road and east of and fronting on Pacific Highway in the Urban Fringe Subarea; and WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was published in the Westside Record Journal on September 14, 1988 and in the Bellingham Herald on September 17, 1988 for the September 27, 1988 hearing; and WHEREAS, a determination of non - significance was issued on September 8, 1988 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; WHEREAS, the Planning Commission held a public hearing on the proposal on September 27, 1988 and heard all testimony on the issues and after due deliberation made a determination that the application be approved subject to a concomitant agreement to address concerns raised by the Aviation Manager for the Bellingham International Airport; 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. The statutory requirements were met regarding legal notice and SEPA review. 3. The proposal is generally consistent with the goals and policies of the Urban Fringe Subarea Comprehensive Plan. 4. Recent expansion of the Bellingham International Airport operations constitutes substantially changed conditions, rendering the subject property less suitable for tourist commercial and residential uses than for general commercial uses. 1 File #15 -88: Ci. September 27, 1988 5. Availability of adequate water and sewer service will determine the extent of future commercial development on the subject property. The forthcoming County Sewer and Water Comprehensive Plan will address this issue. 6. Commission members Van Dalen, Baijot, Greer, Freeman, Funkhouser, Heeringa, and Hinton voted unanimously in favor of the request with the stipulation that staff develop a concomitant agreement limiting uses to address concerns raised by the Aviation Manager for the Bellingham International Airport. 7. The Chairperson and Secretary are hereby directed to place their signatures on this document and transmit same, together with the attached staff report and concomitant agreement to the County Council. Done and passed by a unanimous vote (7 -0) on the 27th day of September, 1988. Commissioners present: Van Dalen, Greer, Freeman, Heeringa, Baijot, Funkhouser and Hinton. WHATCOM COUNTY PLANNING COMMISSION 0/66C David Simpson, Chairperson Daniel W. Tayl ft Secretary Attachments: Staff Report Concomitant Agreement 2 File Ref: 15 -88 CZM September 21, 1988 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: PACIFIC HIGHWAY PROPERTY OWNERS (see attached list of owners) REQUEST: The request is to amend the Urban Fringe Subarea Comprehensive Plan Map for 21 parcels totaling approximately 28 acres from Rural and Tourist Commercial to General Commercial and to rezone the property from Rural Two Acres and Tourist Commercial to General Commercial.. LOCATION: The property is in the northeast quarter of Section 3, Township 38 north, Range 2 East. More specifically, the property lies east of Interstate 5, fronting Pacific Highway from Slater Road south to approximately 500 feet south of Waldron 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, September 14, 1988, and in the Bellingham Herald on Saturday, September 17, 1988. The Deputy SEPA Official made a Determination of Nonsignificance on September 8, 1988. The SEPA process is being handled as a phased review pursuant to WAS 197 -11- 060(5). REGULATORY EFFECTS OF THE REQUEST A change in zoning from Rural Two Acres and Tourist Commercial to General Commercial would change allowable land uses as follows: FROM: Rural Two Acres TO: General Commercial (southern portion): 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; solid waste disposal; sports facilities; and small hydropower projects. 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: 15 -88 CZM September 21, 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. FROM: Tourist Commercial TO: General Commercial (northern portion): TOURIST COMMERCIAL ZONE: Permitted uses: restaurants; retail shops to 2,500 square feet; tourist information centers; barber and beauty shops; post offices; professional offices to 2,500 square feet; service stations with towing service; laundromats; banks; churches; indoor commercial recreation; hotels and motels; and accessory residences. Conditional uses: Automobile repair garages; dry cleaners; recreational vehicle parks; necessary public uses; and outdoor commercial recreation. 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 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. FINDINGS 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. Some residents have had to bring in bottled water during summer months. SOILS: 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. WATER AND SEWER SERVICE: The area currently depends on individual wells for water and individual septic systems for wastewater disposal. Some wells dry up during the summer. Limitations for septic tank absorption fields are the seasonal high water and the poor filter of the substratum. The City of Bellingham currently provides water to the Olivine incinerator facility on Thomas Road, approximately one half mile southeast of the proposal. The applicant has File Ref: 15 -88 CZM September 21, 1988 indicated that negotiations are in progress for forming a water association to purchase water either from the city of Ferndale or Bellingham. OTHER COMMUNITY FACILITIES: The property is within Whatcom County Fire District #8 and is within two 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. Commercial development of the property would presently require a fire flow rate of at least 500 gallons per minute for 60 minutes or 30,000 gallons of storage on site. Higher risk commercial enterprises could require double that amount. The site is within the Ferndale School District #502. TRANSPORTATION: All parcels in the rezone area front on Pacific Highway (Old 99) which parallels I -5. Total frontage is approximately 3,200 feet. The north end of the area abuts the northbound I -5 off ramp to the west and Slater road to the north. Slater Road provides both northbound and southbound access to I- 5. The property is generally within one and one half miles of the entrance to Bellingham International Airport via I -5 to West Bakerview or Pacific Highway to West Bakerview. LAND USE: The use of the subject property is a mix of single family residential and commercial. There is a mobile home sales lot on the northernmost parcel. fhe location of a restaurant which recently burned is farther south, with a musical instrument service business and an auction barn south of that. Most of the existing businesses are nonconforming uses in the Tourist commercial zone but would be permitted in the General Commercial zone. Three of the parcels are vacant and there are thirteen single family residences. Surrounding land uses are predominantly low density single family residential and part time agriculture with woodlots. The airport maintains a portion of its landing light system just south of the property. On the west side of the freeway there are two homes, mostly vacant land with agriculture and woodlots, and the Bellingham International airport. ANALYSIS Comprehensive Plan Amendment Criteria The Urban Fringe Subarea Comprehensive Plan requires conformance with four criteria for Comprehensive Plan amendment requests: 1. The amendment request shall conform with the goals of the subarea plan. The proposal is not 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 File Ref: 15 -88 CZM September 21, 1988 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. The amendment request 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 commercial designation is more compatible with the existing airport operations than the existing Rural designation on the southern portion of the property. Most of the permitted and conditional uses in the existing Tourist Commercial zone district, such as tourist information centers, restaurants, and recreational vehicle parks would be negatively impacted by the noise of the airport, whereas the General Commercial uses are not necessarily noise sensitive. The proposal is also compatible with the low density residential and agricultural uses to the east and west. The amendment request shall not result in unmitigated detrimental impacts to existing transportation systems. The existing access from Slater Road and Pacific Highway is adequate to accommodate the permitted and conditional uses in the General Commercial district. Any impacts would be addressed in the building and conditional use permit process. 4. The amendment request 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. Also, existing nonconforming uses would become permitted uses. Commercial zones in Whatcom County are spaced along I -5 and Guide Meridian at intervals of approximately one to two miles. The proposal is consistent with this existing pattern. 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 was enacted. 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 the subject property rendering it unsuitable for residential use. Also, the willingness of the individual property owners -involved to cooperate in this rezone request could be construed as constituting such a change. File Ref: 15 -88 CZM September 21, 1988 Locational Criteria The Urban Fringe Subarea Comprehensive Plan lists on page 19 five locational criteria for General Commercial areas. These are: arterial roads; potential urban service levels; a minimum of ten acres; ownership patterns conducive to future development; and a public need for general commercial shopping. Arterial roads serve the property. Urban services in terms of water and sewer may pose a problem but more recent subarea plans have allowed General Commercial zoning without such services. The area is 28 acres, and ownership patterns pose no obstacle to efficient development. The need aspect was discussed above. CONCLUSIONS The proposed Comprehensive Plan amendment and rezone for the subject property is generally consistent with the Urban Fringe Subarea Comprehensive Plan amendment criteria. Although not all of the Goals are necessarily met, staff feels that the accomplishment of other Goals as discussed above coupled with the unsuitability of the property for residential uses and the desires of the fairly large group of individual property owners to have their property rezoned outweighs this failure. Furthermore, the proposal is consistent with the general rezone criteria in terms of changed conditions as demonstrated by the recent expansion of airport operations. Finally, the request is generally consistent with the Subarea Plan's locational criteria for the General Commercial zone. The only unresolved problem appears to be that of sewer and water servicing. Staff feels that the building and conditional use permit review process is adequate to assure that the proper level of servicing is provided to individual General Commercial uses in the future. The burden will be upon the property owners to assure that those services are in place before development occurs. RECOMMENDATIONS Based on the foregoing findings, analysis, and conclusions, the Planning Department recommends that the Pacific Highway Property Owners' request to amend the Urban Fringe Comprehensive Plan and zoning map from Tourist Commercial and Rural Two Acres to General Commercial be approved. PACIFIC HIGHWAY REZONE LIST OF PROPERTY OWNERS PARCEL NUMBER NAME ACRES PETITION 380203 155425 Lawrence O'Brine .05 No 158483 Art Lee .17 Yes 167463 Wyburn Bannerman .40 No 179400 Lillian Roberts .19 Yes 180419 Sheryl Sparks 1.83 Yes 181439 Art Lee 2.50 Yes 186397 Gary Sidwell .24 Yes 192463 Art Lee 1.00 Yes 201391 Herb Schuetze 2.15 Yes 216383 John Potts 1.92 Yes 229375 Sam Smith 2.35 Yes 232366 Sam Smith 1.10 Yes 239351 James Wynn 3.00 Yes 249331 John Hamilton 3.45 Yes 251309 Maarten Warminck 1.00 Yes 253298 Ed Vevag .78 Yes 260285 Dianne Rinesmith .95 Yes 265260 Kaare Nelson .25 No 267250 Manuel Huante 1.00 No 295225 Eric Westhaver 2.09 No 295210 Victor Dub 1.53 No 297245 Leonard Kartz 1.48 Yes 293259 Kaare Nelson 1.39 Yes 1 File #15- 88:CZM Page 1 PACIFIC HIGHWAY REZONE 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 those certain parcels of real property (hereinafter called the "subject property ") located in Whatcom County, which parcels are more fully described in Exhibit A attached hereto and which parcels are shown on the map attached hereto as Exhibit B; and II. WHEREAS, Owners have applied for a zoning reclassification of the subject property from RURAL -TWO ACRES and TOURIST COMMERCIAL to GENERAL COMMERCIAL 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 TOURIST COMMERCIAL zones to the GENERAL COMMERCIAL zone, and of File No: _:_=j 101 1 139 (r File #15- 88:CZM Page 2 the mutual benefits to each of the parties hereto, the parties, their respective successors and assigns do hereby covenant and agree: 1. That in consideration of the location of the subject property directly north of and within one quarter mile of the Bellingham International airport and in consideration of statements contained in the 1989 Airport Master Plan Update Report, Owners agree that for as long as the subject property remains classified for GENERAL COMMERCIAL use, the subject property may be used for the permitted and conditional uses listed in the GENERAL COMMERCIAL zone district (WCC 20.62) 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; (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; 2. That this agreement shall constitute a covenant running with the land and shall be binding upon Owners, their heirs, successors and assigns, and an executed copy of this agreement shall be recorded at Owners' expense in the Whatcom County Auditor's office within five days of execution. 3. 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. 4. That nothing contained in this agreement shall be construed to restrict the authority of the County to exercise its police powers nor to prevent 01: I d F i 1 e No : _: _=9 Jai. �_i I I Jai. File #15- 88 :CZM Page 3 the County from initiating a zoning change in accordance with applicable ordinances and regulations. 5. 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 will 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. Executed by WHATCOM COUNTY this -,: day of 1989, pursuant to authority contained in Ordinance�� — ATTEST: Clerk of the Council Approved v +to orm: O .oE rre County Pros c for + $TATr. o� WHATCOM COUNTY �WU IL 1" ffMOM COUNTY WASHING Whald P. Hams Chairperson ( ✓� AP PR V D ( ) VETOED U� Shirley Van Zan en County Executive Date: F i 1 e No : °_ � 1 C-) r agreed by k!9 W, tC^1CC= U' BRIIV6= this day of AIL, ! , 19-09 Name of property owner(s) Assessor's parcel number lalc,'U�U4 (signature) (signature) State of k'ashinaton County of Whatcom p I certify that I know o- have , �o;r signed this instmment, on oath s:at• tt a# l d,' e s true i? a o,, ner of the parcel therein identified, and acknowledged r to be the f �k�u4i? person for the purposes and uses mentioned in the instrument. �; ,��- ::� ,,�'P j, Dated: ' �' jiPl ---� ,0 --A y, = Signature of Notary Pubs or Residing at G l '` �.�y .M �'ntment Expires - - - - - - - - - - - - - - -�� B� �..� .mow - - - - - - - - - - - - - - - - - - - Agreed by (dame of property owner(s) Assessor's parcel number State of Washinat.on County of Vhatcom this _ day of 1989 -Ura'. ii�e� I ce,-; - that I know or have satisfactory evidence that si•rin�J tNs instrument, on oath stated that he/she was the true legal owne- of the parcel ther =in i lent; :ed, and acknolAielged it to be the free and voluntary act of such person for the purposes and uses mentioned in the instrument. Da e d : Residing at Signature of Not ary Public Appointment Expires: File No: :L :. __: `=� aop 4 'greed by fe this day of ,' 1989 Name of property owners) Assessor's parcel number f8'r4l3i onpv (signature) State of Washington County of Whatcom I certify that I know or have satisfactory evidence tnat signed this instrument, on oath stated that he /she was the true legal owner of the parcel therein identified, and acknowiedged it to be the free and voluntary act of such person for the purposes and uses mentioned in the instrument. Dated: Residing a Agreed by Name of property owner(s) Assessor's parcel number Signature of Notary Public Appointment Expires: _- this day of (signature) ;s - ana;.ure; 1989 State of Washington County of Whatcom I certify, that l know or have satisfactory evidence that siane-d this instrument, on oath stated that he /she was the true leaai owner of the parce' therein identifiec. and ackno- Medoed it to be the free and voluntary act of such person for the purposes and uses mentioned in the instrument. Dated. Residing at Sicriature of Notary Publ is Appointment Expires: V o1 ' 1 1 Pa 9e C s 3.-=,0 F i le No c .,9101 1 1 : 1., _-1 U z Me # 15 -88: CZM Page 6 Agreed by DORIS M. SIDWELL this 17TH day Of APRIL lggg Name of property owner(s) ..+� arcel number / S 3 7 % L- As�,es�tf� s•.R ;� +� _.�.,.— v+ (signat'ure ) t; ..,y, 5,'� --' LL (signature) State —of Washington County of Whatcom I certify that I know or have satisfactory evidence that DORIS M. SIDWELL 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 *.he instrument. ��, File #15- 88:CZM Page 8 Agreed by this day of _l rt 1989 Name of property owner(s) Assessor's parcel number State of Washington County of Whatcom 3 ,Dl3g1 ooaa ,��pWnrrrryq , NO 4q y� .S c i/e� �• �: r_ t�• Gsr 1C 4, - _ '■_ 1. cool _■ L that f6 Z. f� f11A/'6 /1 /.tiC'i Arrf�1 the true legal owner of the parcel therein identified, of such person for the purposes and uses mentioned signature) ( signature) I certify that I know or 1'faV�o tlSfastory' signed this instrument, on oath stll� and acknowledged it to be the free a?1rjriq6WtWv, in the instrument Dated: % /J�J '� / �j/��✓ Signature ,Of Notary Public Residing at � ��I`-� Appointment Expires: d -- - - - - -- ------------------------------ Agreed by this day of r 1989 Name of property owner s) Assessor's parcel number, State of Washingt County of Whatcom I certify that I knov+r -gi , Vatisf!bt signed this instrument, on oaf�e�t th�tif�� and acknowledged it to be the fre9tridirolu 0 ary in the instrument. 3 was the true legal owner of the parcel therein identif (dd, act of such person for the purposes and uses mentioned Dated: Signature f Notary Public &M/A Residing at Appointment Expires: �lLf2- I,101: 121 Page: 1 _3- . -2-1 F i 1 e No :_: __+ 101 1 1 =:;=a File #15- 88:CZM Page 10 Agreed by rdd X1&, S 3, Po 7F -5 this l q day of 18 PR) -A-- 1989 Name of property owner(s) Assessor's parcel number 390 2gS - ).1d3k3 eZ44 e -g o u x, a� (signature) (signature) ' gyp gton , T �F�shin �64�rai;�om z E,...:;?, PVI cerk.&t I know or have satisfacto evidence that F �WALe_5 z� PaJTS �s t fjis�f�iritment, on oath stated that he/ he as the true legal owner of the parcel therein identified, I''• Oqk 39\M edged it to be the free and voluntary act of such person for the purposes and uses mentioned .- Signature of Notary Publi Residing at Appointment Expires:�;�ae -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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: I?IC,1: 121 P-3ge: 1 = -:-,4 r i l e No : _: _-4 :L o 1 1 1 :p. =_3 Agreed by this` day of 1989 Name of property owner(s) Aszessor's parcel number -2.2 4 3 7S , '212 (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: —� - �5' Signature o Re ding at Appointment Expires• 'IV ,, Aa °'Pu. bl is F S File #15- 88:CZM Page 5 Agreed by JAMES B WYNNE this 17 day of APRIL 1989 Name of property owner(s) Assessor's parcel number 239 -351 wlqo .• ;� r�A�;io;r • •fir•• . -�� ��. ` yio~ C: ©T/1/'y (signature)' �,�`'�,�;: CC A Q•= :;9IN"k' ,(si !nature) c; ' •:;���i�Sq��Washi ngton County-of Whatcom I certify that I know or have satisfactory evidence that 7-AMRT9 ; YNN9 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: APRIL 17 1989 �1 t Q, Signature of Notary Public Residing at PERNDALE WA Appointment Expires: 3/4/91 Agreed by this day of Name of property owner(s) Assessor's parcel number, (signature) (signature) State of Washington County of Whatcom 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: Vo 1: 12 1 Pa ge : 13- 2 e;=. File No: : 0 L 1 _. FcUe 4 Agreed by �J n P? , lr112 7! 7�j this + +' day of I989 Name of property owner(s) Assessor's parcel number GIN ©TART;.' (signature) s 9 ••.•• p ,��� in o�.....��tiy; (signature) S t a n t o n g County of Whatcom I certii , that I know or have satisfactory evidence that a�1011AI k IMI-1, T d signed this instrument, on oath stated that he /she was the true legal owner of the parcel therein identified, and acknowiedoed it to be the free and voluntary act of such person for the purposes and uses mentioned in the instrument. Dated: Signature of otary Public - --• Residing at ' VIf Appointment Expires: o7D -�_ -- - - - - - - - - - - - - - Agreed by - - - - - - - - - - - - - - - - - - - - - - - - - this day of M9 Name of property owner(s) Assessor's parcel number (signature) (Siar.ai.urei 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: Residing at S' -znature of Notary Public Appointment Expires: 101 : IL IL Page: 1 :_ -. File No: _--- � j 0 1 1 :L Face 4 Agreed by /'YIAA~,VI 2-A- bet-4 Ca417j�fiis 7 day of AP& L 1989 Name of property owner(s) Assessor's parcel number 25'),30? (signature) (signature) State of Washington County of Vhatcom • 114.•I.r, 1 certify that I know or have satisfactory evidence that Ak77VU 0- ei'lm6 S.1 j✓ 1?��✓tifii signed this instrument, on oath stated that he /she was the true legal owner of the parcel ther Yffigd „'t��, and acknowledged it to be the free and voluntary act of such person for the purposes and usdsiln , in the instrument. ` �:•y :w •' `' ` Dated: ,4 7 /9P•i ., r” �., , o o � Signature of Residing at Appointment Expires: %`�`;,'�6► `��'` -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Agreed by this day of 1989 Name of property owner(s) Assessor's parcel number (signature) (si�nat�re; State of Washington County of Whatcom I certfiy 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: Residing at Signature of Notary Public Appointment Expires: o1: 12 1 Page: 13 2ED I. lJC t•�li Pace 4 Agreed by 0.0 this day of 1989 Name of roperty owner(s) Assessor's parcel number % �;�: 2x32 rS baf ( nature) „(� �r (s' ure) State of, ,f Ahj� fngton Countl�yb(WOFIC,wn ;A , •rk"Y Uk(Tw or have satisfactory evidence that Tam= Vevag and Ed Veyag sici�e�f qrp r�t`,oft. oath stated that he/she was the true leaai owner o the parcel therein identified, an ci�c��j�yfged to' ba the free and voluntary act of such p rsaforthe rpo ses and uses mentioned in jM%SPItam"G'4��• "o _ D a t ker • . �.�`'' O'h,,��;IIF „Y1't+�a gnature of Notary Public —Residing at 18&,Telegraph Rd Bellingham Appointment Expires: 11/92 Agreed by Name of property owner(s) Assessor's parcel number State of Washington County of Whatcom this day of (signature) .`s-,cnature) , 1939 I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he /she was the true legal ov,'r,er of the parcel therein identified. and acknowledged it to be the tree and voluntary act of such person to, the purposes and uses mentioned in the instrument. Dated. Residing a Signature of Notary Public Appointment Expires: Vol: 121 Page: 132 9 File No: 101 1 1 I-'=- 1=3 File #15- 88:CZM Page 11 Agreed by -)6a1AQk3V e�13r- ay\ this day of ''R 1989 Name of property owner(s) Assessor's parcel number 3 %O and a ?) nr-I0 d WWO .; at ashington Count of Whatcom (signature) (signature) Yf I certify that I know or have satisfactory evidence that _lei � , , n os�:7x 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 fo the purposes and uses n coned in the instrument. Dated: / 7-.1- SigniAre of Notary Public Residing at Appointment Expires: Z, - /0 - [-5 -- - - - — -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Agreed by IRNJ'QF_ �-t- �\ t h i s day of 1989 Name of property owner(s) Assessor's parcel number a(ooaSS OOUD ''��',y` °" Ex�'•,�y (signature) 4, v at; ',,`A,4ashington (signature) - �oun.ty of W atcom certify that I know or have satisfactory evidence � �. a17 that /oS signed this Instrument, on oath stated that he /she was the true legal owner of the parcel therei identified, and acknowledged it to be the free and voluntary act of such for the purposes and u s entioned in the Instrument. r pers Dated: 1%/% 1- i Residing SAOature of Notary Public Appointment Expires:_ 1,10 -42 Vol'. 121 Pase: F i le N :_:.9101 1 1 =: q File #15- 88:CZM Page 12 A elf X C, A/a4,i'C /✓ Agreed by fl ra j'� &z ed We:4J'r y t h i s � day of �j p _ c 1989 Name of property owner(s) Assessor's parcel number 2 6 S-O 60 . °Ir State of Washington County of Whatcom (signs ure) (signature) I certify that I know or have satisfactory evidence that 16,4 /V64jrY signed this Instrument, on oath stated that he /she was the true legal owner of the parcel thae�a'I --ldentified,'''�. and acknowledged it to be the free and voluntary act of such person for the purposes ano{ ds'irr,�illghe . in the Instrument.}` "•'• �� ° �,,>' r 1 ti Dated: 6 —o " R9 Residing at.r.�� Signature of Nota y' Appointment Expires: Pudyle -- - - - - - - - - - - • --- - - - - - - - - - - - - - - - - - - - - - - - - - - Agreed byff this day of 1989 Name of property owner(s) Assessor's parcel number o79�3a�' J y� (s- ignature) (signature) State of Washington County of Whatcom K� 01�, jaw I certify that I know or have satisfactory evidence that )IL2 . 2 _ Ec, 'cap", signed this instrument, on oath stated that he /she was the true legal owner of the parcel therein,jdentifie4t and acknowledged ft to be the free and voluntary act of such person for the purposes a , d-,us, ggtiq�eci'' •. In the instrument. Dated: �`� %% `" ,� � �� "' •�'r, Signature of Notar -•PG •ie-7 Residing at Appointment Expires: -+ .• *'�`�f�: • File No: :=91Cj111:1 File #15- 88:CZM Page 14 Agreed by AMoLL "ars this _L_ day of '-tom 1989 Name of property owner(s) Assessor's parcel number 2e7 �2So (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: 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: Residing at I Signature of Notary Public Appointment Expires: VOI : 12' 1 Page: 1 =.— _, File No :_91 t =j 11 1 9 File #15- 88:CZM Page 15 Agreed by 6w-s day of f / 1989 Name of property owner(s) Assessor's parcel number O S- �. r 4�, ;;,;;i.:r E� ��' (signature) :%�'•4' %�.;�, (signature) :,. et. 6. n g t o n ° Y. "gT\Whatcom I certify that I know or have satisfactory evidence that ERIC C. WESTHAVER 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 es mention in the instrument. Dated: APRIL 17, 1989 Slign ture of NoCary Public Residing at Appointment Expires: 3/25/90 BELLINGHAM Agreed by this day of Name of property owner(s) Assessor's parcel number (signature) , 1989 (signature) State of Washington County of Whatcom 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: 1 Pane: :i e = File No ��10 _t :1_t_.__� 4 Agreed by d,I ,,1 ' 1/ /.,i 4 L �,19 th i s day of. 1989 Name of propertyowner(s) Assessor's parcel number 34 c 6 ,�Z) .3 (signature) (signature) State of Washington County of Whatcom I certify that I know or have satisfactory evidence that V",r F. flubok ��pr�g '(�y ,i►Y '42'�. , signed this instrument, on oath stated that he /she was the true legal owner of the parcel there �QQifi M"', �,. and acknowledged it to be the free and voluntary act of such person for the purposes and us , �tioned in the instrument.::4,DIl ©/) Signatu e of Notary; ID - (residing at 7-4p oin nt Expires: 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 leca) owner of tree parcel therein idenfifi .d. and acknowledged it to be the free and voluntary act of such person for the purposes and uses mentioned in the instrument. Dated: Residing at S7onatJre cf Iotary Public Appointment Expires: F 1e Nc, t 61 _� File #15- 88:CZM Page 13 Agreed by 4C-O bq)7D +)74/n A AAR his 11Z day of 1989 Name of property owner(s) Assessor's parcel number State of Washington County of Whatcom JAUkCR-. (signature) w�- *. Artrzi 713D�{ I certify that I know or have satisfactory evidence that Lzn via+- CL • � EJAi,�r�'d his instrument, on oath stated that he /she was the true legal owner of the parcel therein identified, iri dtlkhpwledged it to be the free and voluntary act of such person for the purposes and uses mentioned • �a ;`;. ' ip' jh'd- Injtrvment. �. PUS Signature of Notary Public '•.,,9j� �F I ng at Appointment Expires: q • l`'i -97- Agreed by4 dAl J -4 Aioita, e his 1-1` day of 1989 Name of property owner(s) 6 1 Assessor's parcel number (signature) Cogf t W*y 'ofWhatcomon ',;,I 'bettify that I know or have satisfactory evidence that e-')V ►.r-d� `�na kar�z 0 ,�i► '' edVis instrument, on oath stated that he /she was the true legal owner of the parcel therein identified, .,�► P U i ckmbwledged it to be the free and voluntary act of such person for the purposes and uses mentioned �Pf;`��►�. iv ,,thdI.lhstrumenti a •� •,. pr dated: �1 -11 89 Signature of Notary Public Residing at Appointment Expires: '9- 1oi -4Z File No: - 3.9101 1 1 :19 } PACIFIC HIGHWAY REZONE LIST OF PROPERTY OWNERS File #15- 88:CZM Page 16 PARCEL NUMBER NAME ACRES PETITION 380203 155425 Lawrence O'Brine .05 No IV 158483 Art Lee .17 Yes 167463 Wyburn Bannerman .40 No 179400 Lillian Roberts .19 Yes 180419 Sheryl Sparks 1.83 Yes 181439 Art Lee 2.50 Yes 186397 Gary Sidwell .24 Yes 1r 192463 Art Lee 1.00 Yes 201391 Herb Schuetze 2.15 Yes 216383 John Potts 1.92 Yes ti 229375 Sam Smith 2.35 Yes 232366 Sam Smith 1.10 Yes 239351 James Wynn 3.00 Yes 249331 John Hamilton 3.45 Yes 251309 Maarten Warminck 1.00 Yes 253298 Ed Vevag .78 Yes �Iv 28b'33oi, 260285 Dianne Ri nesmi th .95 Yes V 265260 Kaare Nelson .25 No 1► 267250 Manuel Huante 1.00 No ti 295225 Eric Westhaver 2.09 No 295210 Victor Dub 1.53 No �r 297245 Leonard Kartz 1.48 Yes 293259 Kaare Nelson 1.39 Yes X01: 1 .21 Pa se: $ :_ F. U NTY PLANNING DEPARTMENT 401 Grand Avenue Bellingham, Washington 98225 Jeffrey Morrissette, Pastor New Life Fellowship of Bellingham 4454 Pacific Highway Bellingham WA 98226 Dear Pastor Morrissette: Scan: 644 -6756 2061676 -6756 Fax: 676 -7727 2061398 -1310 April 24, 1989 �,f' J o RE: Contract Rezone on Pacific Highway This letter is to confirm that your church can continue to exist indefinitely, remodel, and /or expand under the Light Impact Industrial zone and the concomitant agreement you are being asked to sign. Churches are outright permitted uses in the Light Impact Industrial zone and therefore have the same rights enjoyed in residential zones. The concomitant agreement was drafted to meet the needs of the Port of Bellingham regarding this rezone and one to the north. Because portions of the rezones are in the flight path and entirely in the noise zones the Port asked us to include language from their comprehensive plan regarding appropriate uses. However your church is not directly in the flight path and the concomitant agreement in any case is not an abatement order for existing uses nor will it alter the flexibility to expand existing uses. I do not interpret this condition to mean remodeling or expansion of existing uses can not be allowed. If you sign the agreement I will attach a copy of this letter to it as well as place a copy in our rezone file. Therefore there will -not be any question of a future interpretation that might differ. I hope this letter addresses your concerns. ncerely, A O Lt, Daniel W. Taylor Director Land Us conomic Planning i L /morrisse.dwt l{WHHTCOI*,1 COUNTY BELLINGHANi WA 10/11/ 81 3:12 PM REQUEST OF: WHHTi=i=M C :=hi rle,-j For_ lof, AUDITOR BY: t' RT, DEPUTY $26.00 AGREE 1 File N O:L 1 1 =_� r {,. WHATCOM, CO U NTY PLANNING DEPARTMENT 401 Grand Avenue Bellingham, Washington 98225 Jeffrey Morrissette, Pastor New Life Fellowship of Bellingham 4454 Pacific Highway Bellingham WA 98226 Dear Pastor Morrissette: Scan: 644 -6756 2061676 -6756 Fax: 676 -7727 2061398 -1310 April 24, 1989 �,f' J o RE: Contract Rezone on Pacific Highway This letter is to confirm that your church can continue to exist indefinitely, remodel, and /or expand under the Light Impact Industrial zone and the concomitant agreement you are being asked to sign. Churches are outright permitted uses in the Light Impact Industrial zone and therefore have the same rights enjoyed in residential zones. The concomitant agreement was drafted to meet the needs of the Port of Bellingham regarding this rezone and one to the north. Because portions of the rezones are in the flight path and entirely in the noise zones the Port asked us to include language from their comprehensive plan regarding appropriate uses. However your church is not directly in the flight path and the concomitant agreement in any case is not an abatement order for existing uses nor will it alter the flexibility to expand existing uses. I do not interpret this condition to mean remodeling or expansion of existing uses can not be allowed. If you sign the agreement I will attach a copy of this letter to it as well as place a copy in our rezone file. Therefore there will -not be any question of a future interpretation that might differ. I hope this letter addresses your concerns. ncerely, A O Lt, Daniel W. Taylor Director Land Us conomic Planning i L /morrisse.dwt l{WHHTCOI*,1 COUNTY BELLINGHANi WA 10/11/ 81 3:12 PM REQUEST OF: WHHTi=i=M C :=hi rle,-j For_ lof, AUDITOR BY: t' RT, DEPUTY $26.00 AGREE 1 File N O:L 1 1 =_�