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FILE REF: 07- 89:CZN
ORDINANCE NO.
INTRODUCED BY:
PROPOSED BY:
DATE:
89 -72
Consent _
PLANNING
8 -3 -89
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY URBAN FRINGE COMPREHENSIVE
PLAN MAP FROM URBAN RESERVE TO RURAL AND AMENDMENT OF THE OFFICIAL ZONING
MAP FROM URBAN RESIDENTIAL -FOUR (LIR -4) TO RURAL FIVE ACRES (R -5) FOR
APPROXIMATELY 12 ACRES SOUTH OF MT. BAKER HIGHWAY AND WEST OF OLD BRITTON
ROAD
WHEREAS, James and Laurie Myers have filed an application requesting a
comprehensive plan map amendment from Urban Reserve (UR) to Rural (R) and a zoning
map amendment from Urban Residential -Four (UR -4) to Rural -Five Acre (R -5) for
approximately 12 acres south of Mt. Baker Highway and west of Old Britton Road; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Westside
Record Journal on July 5, 1989, and in the Bellingham Herald on July 8, 1989; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA
Official on July 19, 1989; and
WHEREAS, the Planning Commission held a public hearing on this matter on July
18, 1989, and heard all public testimony on the issues and after due deliberation made
a determination that the application be approved;
WHEREAS, the Council held a public meeting on August 17, 1989, to consider the
Planning Commission recommendation.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNC'I'L:
1. The Comprehensive Plan Map amendment from Urban Reserve (UR) to Rural (R) and
a zoning map amendment from Urban Residential -Four (UR -4) to Rural -Five Acre (R-
5) for an approximate 12 acre portion of tax lot #380310086061 be approved; the
legal description being:
That portion of the NE1 /4 of the SW1 /4 of the SW1 /4, Section
10, Township 38N, Range 3E of WM, lying SE of Mt. Baker Highway
(NE Diag Road) and excluding that portion lying NE of the
centerline of the BPA powerline easement. Also, the N1 /2 of the
S1 /2 of the SE1 /4 of the SW1 /4 of the SW1 /4 of sd Section 10,
situate in Whatcom County, Washington.
2. The Council finds the public health, safety and general welfare are promoted by
this change.
3. The Council adopts the following findings and conclusions developed by the staff
and the Planning Commission:
FINDINGS
A. The applicants wish to down zone their property to R5 to provide for commercial
horse stables including an indoor arena, a use not allowed in the present UR4
zone, but one which is an extension of the existing use.
B. The R5 zone and the proposed use (and most of the other uses in the Rural zone)
are compatible with the surrounding land uses which vary from commercial and
residential along Mt. Baker Highway to low density residential.
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FILE REF: 07 -6 ZM
Page 2
C. The proposed amendment to the comprehensive plan map and zoning map is
compatible with the goals and policies of the Urban Fringe Subarea Plan and
meets the criteria for modification of the Plan.
D. While there have been no changed conditions or a recognized error to form a
solid base for a rezone, this is a down zone initiated at the owner's request
and brings the zoning more in conformance with the structures and existing use
of the property.
E. There is an ample supply of urban residential land in the Urban Fringe area and
this change will not negatively impact the ability to supply residential
building lots.
F. While the boundary is somewhat awkward as compared to using the power lines
which cross the property, it does not preclude the logical subdividing of the
UR4 land on either side and could provide green relief or a desirable use in the
urbanizing area.
CONCLUSION
The proposed comprehensive plan amendment and rezone for the subject property is
consistent with the amendment criteria for the Urban Fringe Subarea Plan, creates no
negative impacts and has the potential to be a positive benefit in the use of
property in this area.
4. Adjudication of invalidity of any of the sections, clauses, or provisions of
this Ordinance shall not affect or impair the validity of the Ordinance as a
whole or any part thereof other than the part so declared to be invalid.
PASSED this 17th day of
ATTEST:
kr 24itqn�
Clerk of the Council
APPROVED AS TO FORM:
August
Dave Cottingham
Civil Deputy Prosecuting Attorney
'5 II Published
36 II This Ordinance becomes effective
and
, 1989.
WHATCOM COUNTY COUKI
WHATCOM COUNTY, W I
d G. H osey, /Chairperson
(-J'APPROVE6 ( ) VETOED
U. UL 5;LL
Shirley Van Z nten, C&tAy Executive
Date
1989.
1989.
File #07- 89:CZM
July 10, 1989 -- Page I
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT: JAMES and LAURIE MYERS
REQUEST
The request is for an amendment to the official Whatcom County Urban Fringe
Comprehensive Plan Map from Urban Reserve to Rural and amendment of the official
Zoning Map from Urban Residential -Four units per acre (UR4) to Rural Five Acres
(R5) for approximately 12 acres south of Mt. Baker Highway and west of Old
Britton road.
LOCATION
The request is for a portion of tax lot #380310086061 which has a partial
frontage on the south side of Mt. Baker Highway and also fronts on Old Britton
Road. The parcel is split by the Bonneville power lines with the center of the
power line easement forming a boundary between UR4 to the southwest and R5 to
the northeast. This rezone would convert the remainder of the parcel to R5 except
for a dogleg to the west (see attached map) which would remain UR4.
STATUTORY REQUIREMENTS
Pursuant to RCW 36.70.590 legal notice was published in the Westside Record
Journal on Wednesday, July 5, 1989, and in the Bellingham Herald on Saturday,
July 8, 1989. A SEPA determination will be issued prior to Council action.
REGULATORY EFFECTS OF THE REQUEST
The change to R5 would allow uses associated with the Rural zoning not allowed
in the UR zoning including but not limited to: cottage industries, private
aircraft landing strips, mining, animal hospitals, camping facilities to
accommodate seasonal or permanent agricultural employees and private commercial
kennels and stables. Conversely the change will preclude urban densities
associated with the urban fringe area when utilities are available.
EXISTING CONDITIONS
WATER AND SEWER SERVICE: The property is located within the Bellingham utility
service area and is presently served by a septic system. The two houses on the
property are connected to the Van Wyck Water Association which has a water line
running along the property on Mt. Baker Highway. Water for the animals. is from
an on -site well. Sewer lines are located a little over one half mile south in
the Tweed Twenty subdivision.
File #07- 89:CZM
July 10, 1989 -- Page 2
TRANSPORTATION: The site fronts in two locations on Mt. Baker Highway and on
old Britton Road.
LAND USE: Present use of the site includes a residence, a rental house and a
number of other structures including sheds, an office, and stables all associated
with boarding horses. The remainder of the property is in pasture except for the
power lines which cut through the northeast corner of the property.
To the north of the site at the intersection of Mt. Baker Highway and Britton
Road are two buildings housing an auto body shop, an auto customizing shop and
an obsolete auto parts store. South of the property are two wooded lots and then
Gunde's Auto Wrecking. A home site is located in the triangle formed by Mt. Baker
Highway and the two legs of this property. The surrounding area is a mix of
pasture, wood lots and low density residential.
ANALYSIS
The Urban Fringe Subarea plan was adopted in April 1984 more than five years
ago. Since that time there have been no major changes in the area except in
recent years with additional platting to the south within the city limits,
construction of homes in the Tweed Twenty area and a proposed plat within a half
mile to the south. The plan was envisioned to be reviewed within five years and
acknowledged there would be private requests for amendments which should: (1)
conform with the goals of the plan; (2) be compatible with existing and
surrounding land uses; (3) not result in unmitigated detrimental impacts to
existing transportation systems; and (4) demonstrate a land usage need which is
consistent with the environmental and economic policies of the plan. Rezones
generally require changed conditions or acknowledgement of an error in the
original zoning.
The proposed R5 zoning would conform to the goals of the plan and is compatible
with the existing land use on the site and the surrounding land uses which vary
from commercial to low density residential and woods and pastures. The allowed
uses and even the conditional uses in the R5 zone are unlikely to create
detrimental impacts to the transportation system. The range of uses in R5 are
more likely to contribute to the environmental and economic policies in the plan
that the uses allowed in UR4. There have been no changed conditions which would
particularly support a rezone. However in the case of a down zone this is less
of a concern. The fact that urban densities have not reached this site in the
supposed five year life of the plan would indicate that there was more than ample
residential land available for development and this parcel is not a necessity
for urban densities. There was no errors made in the initial planning and zoning
and use of the power lines as a zoning boundary was logical. However, subsequent
to the adoption of the plan a new owner has acquired the property and wishes to
pursue a commercial horse riding and boarding stable with an indoor arena. This
is more in conformance with the existing structures and use than is the UR4
zoning.
As rural uses are general compatible with urban uses except for some of the
conditional uses the two issues in this rezone come down to whether the loss of
urban residential land is a serious problem for future development in the subarea
and whether the revised boundaries would create a problem for logical development
of existing or future UR4 zoned areas. As previously pointed out the area has
File #07- 89:CZM
July 10, 1989 -- Page 3
not been needed in the last five years and ample UR4 exists to accommodate more
years of growth even if some of it becomes converted to multiple family which
is likely as the Urban Fringe Subarea Plan is revised. There is presently 1765
acres of UR4 and 585 acres of UR3 in the Urban Fringe subarea. If only 60% of
these zones were available for development making ample allowance for streets,
environmental sensitive areas and uses which will not readily convert, it would
still allow over 5000 dwelling units or over 11,250 people which is over half
of the projected growth in Whatcom County to the year 2000.
The power lines made a much cleaner boundary line as they provide a defined
physical feature on the ground and provide a logical diagonal line on the map.
Following the requested zoning lines creates an awkward finger of Rural zoning
extending into the UR4 area. However as a practical matter because rural zoning
will generally provide green relief to an urban area and conditional uses can
be denied or adequately conditioned including buffers, this intrusion can
actually be an asset. For a government imposed boundary the power lines made
sense. A property owner's request also makes this peninsula of rural land
sensible. The revised boundaries would still allow rational subdividing of UR4
properties to each side oriented to Britton Road or Mt. Baker Highway. The
existing land uses including the power lines make this unlikely in the near
future in any case.
FINDINGS
1. The applicants wish to down zone their property to R5 to provide for
commercial horse stables including an indoor arena, a use not allowed in
the present UR4 zone, but one which is an extension of the existing use.
2. The R5 zone and the proposed use (and most of the other uses in the Rural
zone) are compatible with the surrounding land uses which vary from
commercial and residential along Mt. Baker Highway to low density
residential.
3. The proposed amendment to the comprehensive plan map and zoning map is
compatible with the goals and policies of the Urban Fringe Subarea Plan
and meets the criteria for modification of the Plan.
4. While there have been no changed conditions or a recognized error to form
a solid base for a rezone, this is a down zone initiated at the owner's
request and brings the zoning more in conformance with the structures and
existing use of the property.
5. There is an ample supply of urban residential land in the Urban Fringe
area and this change will not negatively impact the ability to supply
residential building lots.
6. While the boundary is somewhat awkward as compared to using the power lines
which cross the property, it does not preclude the logical subdividing of
the UR4 land on either side and could provide green relief or a desirable
use in the urbanizing area.
File #07- 89:CZM
July 10, 1989 -- Page 4
CONCLUSION
The proposed comprehensive plan amendment and rezone for the subject property
is consistent with the amendment criteria for the Urban Fringe Subarea Plan,
creates no negative impacts and has the potential to be a positive benefit in
the use of property in this area.
RECOMMENDATION
The Planning staff recommends that James and Laurie Myers' request to amend the
Urban Fringe Subarea Comprehensive Plan Map for an approximately 12 acre portion
of tax lot #380310086061 from Urban Reserve to Rural and to rezone the property
from Urban Residential -Four units per acre to Rural Five Acres, the legal
description being:
That portion of the NE1 /4 of the SW1 /4 of the SW1 /4, Section 10,
Township 38N, Range 3E of WM, lying SE of Mt. Baker Highway (NE Diag
Road) and excluding that portion lying NE of the centerline of the
BPA powerline easement. Also, the N1 /2 of the S1 /2 of the SE1 /4 of
the SW1 /4 of the SW1 /4 of sd Section 10, situate in Whatcom County,
Washington.
Agency Report
July 26, 1989
File Ref: 07- 89:CZM
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF AMENDING THE OFFICIAL WHATCOM COUNTY )
URBAN FRINGE COMPREHENSIVE PLAN MAP FROM URBAN RESERVE ) FINDINGS, REASONS
TO RURAL AND AMENDMENT OF THE OFFICIAL ZONING MAP FROM ) AND MOTION
URBAN RESIDENTIAL -FOUR (UR -4) TO RURAL FIVE ACRES )
(R -5) FOR APPROXIMATELY 12 ACRES SOUTH OF MT. BAKER )
HIGHWAY AND WEST OF OLD BRITTON ROAD )
WHEREAS, James and Laurie Myers have filed an application requesting a
comprehensive plan map amendment from Urban Reserve (UR) to Rural (R) and a
zoning map amendment from Urban Residential -Four (UR -4) to Rural -Five Acre (R-
5) for approximately 12 acres south of Mt. Baker Highway and west of Old Britton
Road; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
Westside Record Journal on July 5, 1989, and in the Bellingham Herald on July
8, 1989; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA
Official on July 19, 1989; and
WHEREAS, the Planning Commission held a public hearing on this matter on
July 18, 1989, and heard all public 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. A quorum of Commission members was present during the hearing and
subsequent discussion.
2. Statutory requirements were met regarding legal notice and SEPA review.
3. The Planning Commission unanimously concurred with the findings and
conclusions as developed by staff.
4. The Planning Commission unanimously recommended approval of the requested
comprehensive plan map amendment from Urban Reserve (UR) to Rural (R) and
a zoning map amendment from Urban Residential -Four (UR -4) to Rural -Five
Acre (R -5) for an approximate 12 acre portion of tax lot #380310086061,
the legal description being:
That portion of the NE1 /4 of the SW1 /4 of the SW1 /4,
Section 10, Township 38N, Range 3E of WM, lying SE of
Mt. Baker Highway (NE Diag Road) and excluding that
portion lying NE of the centerline of the BPA powerline
1
Agency Report
July 26, 1989
File Ref: 07- 89:CZM
easement. Also, the N1 /2 of the S1 /2 of the SE1 /4 of
the SW1 /4 of the SW1 /4 of sd Section 10, situate in
Whatcom County, Washington.
WHATCOM COUNTY PLANNING COMMISSION
avid Simpso , Cha' an
Daniel W. Taylor, ecretary
Commissioners present at hearing:
SIMPSON, FREEMAN, BAIJOT, HEERINGA, ERNST and ALMSKAAR
Attachments:
1. Staff Report
2. Draft Ordinance