HomeMy WebLinkAboutord1989-101FA
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FILE REF: 10- 89:CZM
ORDINANCE NO.
INTRODUCED BY:
PROPOSED BY:
DATE:
89 -101
Consent
PLANNING
11 -2 -89
AN ORDINANCE AMENDING THE OFFICIAL URBAN FRINGE SUBAREA COMPREHENSIVE PLAN
MAP FROM HEAVY IMPACT INDUSTRIAL TO LIGHT INDUSTRIAL PARK AND AMENDING THE
OFFICIAL ZONING MAP FROM HEAVY IMPACT INDUSTRIAL TO RURAL LIGHT IMPACT
INDUSTRIAL FOR APPROXIMATELY 9.9 ACRES COMPRISING THE ELDRIDGE INDUSTRIAL
SITES ON MARINE DRIVE
WHEREAS, the Whatcom County Council has requested that the Planning Commission
consider rezoning property in the Marine Drive area from Heavy Impact Industrial to
Light Impact Industrial in order to resolve the unsuitability of Gordon Parberry "s
property for development due to the small size of the parcels and the large building
setbacks required; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Westside
Record Journal and Lynden Tribune on Wednesday, October 4, 1989, and in the Bellingham
Herald on Saturday, October 7, 1989; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA
Official on October 16, 1989; and
WHEREAS, the Planning Commission held a public hearing on this matter on October
17, 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 November 16, 1989, to consider the
Planning Commission recommendation.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. The Urban Fringe Subarea Comprehensive Plan Map amendment from Heavy Impact
Industrial to Light Industrial Park and Zoning Map amendment from Heavy Impact
Industrial to Light Impact Industrial for approximately 9.9 acres on Marine Drive
comprising the Eldridge Industrial Sites subdivision Lots 1 through 8 and bearing
Assessor's parcel numbers: 380223 - 309257 (Lot 1); 380223 - 327253 (Lot 2); 380223-
339245 (Lots 3 and 4); 380223 - 392252 (Lots 5 and 6); 380223 - 378227 (Lot 7); and
380223 - 356223 (Lot 8) be approved;
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:
34 11 FINDINGS
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A. The Whatcom County Council has requested that the Planning Commission consider
rezoning property in the Marine Drive area from Heavy Impact Industrial to Light
Impact Industrial in order to resolve the unsuitability of Gordon Parberry "s
property for development due to the small size of the parcels and the large
building setbacks required. The request is to amend the Urban Fringe Subarea
Comprehensive Plan Map from HEAVY IMPACT :INDUSTRIAL to LIGHT INDUSTRIAL PARK and
to amend the Official Whatcom County Zoning Map from HEAVY IMPACT INDUSTRIAL to
LIGHT IMPACT INDUSTRIAL for approximately 9.9 acres comprising the Eldridge
Industrial Sites on Marine Drive.
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FILE REF: 10- 85. „ZM
Page 2
B. Soils are severely constrained for septic systems due to poor permeability and
seasonal high water.
C. Fire protection is available from Whatcom County Fire District #8 and the fire
Station on Bennett Drive.
D. The City of Bellingham provides water service to the subject area, however the
property depends upon individual onsite septic systems for sewage disposal.
There was a proposed Local Improvement District to provide sewer service to this
area but the L.I.D. was defeated by neighboring residents. Future light
industrial uses of this property may require public sewer.
E. The subject property has approximately 850 feet of frontage on Marine Drive
which is posted by the County Engineer "emergency” under severe freeze /thaw
weather conditions with light trucks allowed. The plat of Eldridge Industrial
Sites includes two undeveloped County rights of way, Timpson Way and Krabbe
Drive, both of which are 40 feet in width. Future development of the property
may require that owners participate in upgrading Marine Drive to an all- weather
standard and participate in constructing the Timpson Way and Krabbe Drive as
needed.
F. Uses of the subject property include a tavern /dance hall, a freight terminal,
a small house and vacant land with grass and shrub cover. A significant feature
of the property is that the individual parcels are so small that application
of the 100 foot and 60 foot setbacks of the Heavy Industrial zone renders them
useless for future development. Surrounding uses include plastic products
manufacturing, a cedar mill, a steel distributor, railroad right of way, vacant
wooded land, a County park, a gas station, vacant vo -tech buildings, a cement
plant, a convenience store, a fire station, and residences.
G. The proposal is essentially consistent with County Goal Statements, the Urban
Fringe Subarea Comprehensive Plan amendment criteria, and general rezone
criteria.
H. With the exception of the lack of soil suitability for septic systems and
assuming that public sewer can be provided, the proposal is consistent with the
Light Industrial locational criteria of the Urban Fringe Subarea Comprehensive
Plan.
32 11 CONCLUSION
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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.
❑►
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PASSED this 16th day of November
ATTEST:
Clerk of the Council
APPROVED AS TO FO
G�N
Dave Cottingh
Civil Deputy P osecuting Attorney
Published
This Ordinance becomes effective
and
FILE REF: 10- S -.�ZM
Page 3
WHATCOM COUNTYc
l RA'F OM COUNTY, W SCI O ON
lWald G. Hakfsey6 Chairper7"
(✓f APPROVED ( ) VETOED
U�
Shirley Van Zan en, Cou&h Executive
Date
1989.
1989.
Agency Report
October 18, 1989
File Ref: 10- 89:CZM
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF AMENDING THE URBAN FRINGE SUBAREA )
COMPREHENSIVE PLAN MAP FROM HEAVY :IMPACT INDUSTRIAL TO ) FINDINGS, REASONS
LIGHT INDUSTRIAL PARK AND AMENDING THE OFFICIAL WHATCOM ) AND MOTION
COUNTY ZONING MAP FROM HEAVY IMPACT INDUSTRIAL TO LIGHT )
IMPACT INDUSTRIAL FOR APPROXIMATELY 9.9 ACRES COMPRISING)
THE ELDRIDGE INDUSTRIAL SITES ON MARINE DRIVE )
WHEREAS, the Whatcom County Council has requested that the Planning
Commission consider rezoning property in the Marine Drive area from Heavy Impact
Industrial to Light Impact Industrial in order to resolve the unsuitability of
Gordon Parberry "s property for development due to the small size of the parcels
and the large building setbacks required; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
Westside Record Journal and Lynden Tribune on Wednesday, October 4, 1989, and
in the Bellingham Herald on Saturday, October 7, 1989; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA
Official on October 16, 1989; and
WHEREAS, the Planning Commission held a public hearing on this matter on
October 17, 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
Urban Fringe Subarea Comprehensive Plan Map amendment from Heavy Impact
Industrial to Light Industrial Park and Zoning Map amendment from Heavy
Impact Industrial to Light Impact Industrial for approximately 9.9 acres
on Marine Drive comprising the Eldridge Industrial Sites subdivision Lots
1 through 8 and bearing Assessor's parcel numbers: 380223 - 309257 (Lot 1);
380223 - 327253 (Lot 2); 380223 - 339245 (Lots 3 and 4); 380223 - 392252 (Lots
5 and 6); 380223 - 378227 (Lot 7); and 380223- 356223 (Lot 8).
1
Agency Report
WHATCOM COUNTY PLANNING COMMISSION
Commissioners present at hearing:
October 18, 1989
File Ref: 10- 89:CZM
David Simpson, Chai an
Daniel W. Taylor, Secretary
S:IMPSON, VAN DALEN, FUNKHOUSER, BAIJOT, HEERINGA, ERNST and ALMSKAAR
Attachments:
1. Staff Report
2. Draft Ordinance
2
File #10- 89:CZh1
Staff Report October 12, 1989 -- Page 1
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT: Whatcom County Planning Department
REQUEST: The Whatcom County Council has requested that the Planning Commission
consider rezoning property in the Marine Drive area from Heavy Impact Industrial
to Light Impact Industrial in order to resolve the unsuitability of Gordon
Parberry "s property for development due to the small size of the parcels and the
large building setbacks required. The request is to amend the Urban Fringe
Subarea Comprehensive Plan Map from HEAVY IMPACT INDUSTRIAL to LIGHT INDUSTRIAL
PARK and to amend the Official Whatcom County Zoning Map from HEAVY :IMPACT
INDUSTRIAL to LIGHT IMPACT :INDUSTRIAL for approximately 9.9 acres comprising the
Eldridge Industrial Sites on Marine Drive.
LOCATION: The subject property consists of lots 1 through 8 of the Eldridge
Industrial Sites subdivision. It is bounded on the southwest by Marine Drive,
on the southeast by a private road and Whatcom County park land and on the north
by the Great Northern Railroad right of way and tracks.
STATUTORY REQUIREMENTS: Pursuant to RCW 36.70.590 legal notice was published
in the Westside Record Journal and Lynden Tribune on Wednesday, October 4, 1989,
and in the Bellingham Herald on Saturday, October 7, 1989. A SEPA Determination
will be made prior to Council adoption.
REGULATORY EFFECTS OF THE REQUEST: change in zoning from Heavy Impact Industrial
to Light Impact Industrial would change land use regulations as follows:
FROM: HEAVY IMPACT INDUSTRIAL
Permitted uses (WCC 20.68.050): Manufacturing and processing of food, textiles,
lumber and wood, paper, chemicals and allied products, rubber and plastic
products, cement, glass, etc; manufacture of machinery, electrical equipment,
and transportation equipment; petroleum and asphalt refining and storage; leather
tanning and finishing; primary metal industries; fabrication of metal products;
bulk commodity storage and terminals; power plants; heavy construction
contractors; public uses and community facilities; and other suitable uses as
determined by the Hearing Examiner after a public hearing. Policy 1.06, Page
48 of the Urban Fringe Subarea Comprehensive Plan excludes the following uses
from the HII zones in the subarea for reasons of attaining compatibility with
adjoining existing and planned residential areas and minimizing hazards,
pollution, nuisances, and odors to surrounding residential areas: petroleum
refining and the products derived thereof; manufacturing and processing of
rubber, plastics, chemicals, paper, asbestos and products derived thereof;-and
primary metal industries.
Accessory uses (WCC 20.68.100): Employee recreation; eating places for employees
and clients; temporary buildings during construction; auxiliary electric utility
File #10- 89:CZM
Staff Report October 12, 1989 -- Page 2
facilities; onsite treatment and storage of hazardous wastes associated with
approved uses; and other accessory uses and buildings.
Conditional uses (WCC 20.68.150): Solid waste facilities and treatment and
storage of hazardous wastes subject to conditions.
TO: LIGHT IMPACT INDUSTRIAL:
Permitted uses (WCC 20.66.050): Manufacture and fabrication of numerous items
including office machines, textiles, clothing, furniture, paper products, leather
products, glass products, electrical equipment, instruments, photographic and
optical goods, jewelry, musical instruments, sporting goods, toys, metal products
and machinery, mobile homes and trailers, and rubber products; processing and
packaging of drugs and cosmetics;- printing and publishing; freight terminals;
boat building and repair; communication facilities; professional offices;
contractors' headquarters; wholesale trade; building material yards; restaurants,
convenience stores, and gas stations for employees and customers of uses in the
district; bottling plants; churches; and public and community facilities.
Accessory uses (WCC 20.66.100): Employee recreation facilities; temporary
buildings during construction; testing and experimentation associated with a
permitted use; other accessory uses including security and caretakers' residences
associated with a permitted use; retail sales of merchandise manufactured,
assembled, or stored on the site; and onsite treatment and storage of hazardous
wastes associated with permitted uses.
Conditional uses (WCC 20.66.150): Manufacture of cement and plaster products;
manufacture of sands; collection, transfer, and repacking of food products;
repair, service and sales of motor vehicles, boats, and farm implements; and
solid waste facilities.
PERFORMANCE STANDARDS, DEVELOPMENT STANDARDS AND BUFFER REQUIREMENTS:
The HEAVY IMPACT INDUSTRIAL zone requires 100 foot front yard and 60 foot rear
and side yard building setbacks (WCC 20.80.210). The HII zone requires
additional buffer areas and setbacks adjacent to other zones of 100, 250 or 660
feet depending upon the type of screening provided (WCC 20.68.552). In contrast,
the LIGHT IMPACT INDUSTRIAL zone requires 45 foot front yard setbacks, ten foot
side yard setbacks and no rear yard setbacks. If the proposed Title 20
landscaping and setback amendments are approved, the Light Industrial setbacks
will be revised to 30 feet front yard and 10 feet rear yard. The LIGHT
INDUSTRIAL zone also requires a planting strip buffer of not less than 50 feet
for building sites adjacent to other zone districts except agriculture, forestry,
general manufacturing and heavy industrial (WCC 20.66.552). This standard would
be applicable to the southeast and southwest boundaries of the subject property.
Development standards in terms of landscaping, parking, drainage, and access and
performance standards with reference to pollution control and nuisance abatement;
heat, light, and glare; ground vibration; and odors are identical in both zones.
Lot coverage, open space, and height requirements are also identical in both
zones.
Staff Report
EXISTING CONDITIONS
File #10- 89:CZM
October 12, 1989 -- Page 3
SOILS: Soils on the subject property and most of the surrounding area are
Urbanland- Whatcom - Labounty complex which are severely constrained for septic
systems due to poor permeability and seasonal high water.
TOPOGRAPHY: The site is predominantly flat except for a deep ravine along the
southeast boundary.
FIRE PROTECTION: Fire protection is provided by Fire District 8 which has a
station on Bennett Drive, less than one quarter mile from the subject property.
WATER AND SEWER SERVICE: The City of Bellingham currently provides water service
to the subject area, however the property depends upon individual onsite septic
systems for sewage disposal. The City Engineering Department has indicated that
there was a proposed Local Improvement District to provide sewer service to this
area but the L.I.D. was defeated by neighboring residents, despite the fact that
Federal funds would have paid for part of it.
TRANSPORTATION: The subject property has approximately 950 feet of frontage on
Marine Drive which is posted by the County Engineer "emergency" under severe
freeze /thaw weather conditions with light trucks allowed. The plat of Eldridge
Industrial Sites, which comprises the rezone area, includes two undeveloped
County rights of way, Timpson Way and Krabbe Drive, both of which are 40 feet
in width. Future development of the property may require that owners participate
in upgrading Marine Drive to an all- weather standard and participate in improving
the undeveloped Timpson and Krabbe rights of way.
EXISTING LAND USE: Uses of the subject property include the Cocoanut Grove
tavern /dance hall in the extreme west corner of the property; Oak Harbor Freight
Lines terminal southeast of that; and a small house southeast of the Timpson
Way right of way. The remainder of the property is vacant with grass and shrub
cover. A significant feature of the property is that the individual parcels are
so small that application of the 100 foot and 60 foot setbacks of the Heavy
Industrial zone renders the parcels virtually useless for future development.
Surrounding uses include Ershigs plastic products manufacturing and Oeser cedar
mill to the north; Morse Hardware steel distributor and vacant land to the
northeast; Great Northern Railroad right of way and vacant wooded land belonging
to Whatcom County Parks to the southeast; Little Squalicum Beach County Park
across Marine Drive to the south; residential across Marine Drive to the
southwest; a gas station south of the intersection of Bennett Drive and Marine
Drive; vacant buildings belonging to Bellingham Vocational Tech School and the
Tilbury cement plant west of that; a convenience store at the northwest corner
of Marine and Bennett; a fire station north of the convenience store; and
residential on Bennett Drive northwest of the subject property.
ANALYSIS
HISTORY: Prior to the adoption of the Urban Fringe Subarea Comprehensive Plan,
implemented by Title 20 zoning , the subject property and much of the surrounding
area were in the SELECT LIGHT MANUFACTURING district of the Interim zoning
Ordinance. Apparently, when the HEAVY IMPACT INDUSTRIAL Title 20 zoning was
proposed for the area, property owners were unaware of the increased setback
File #10- 89:CZM
Staff Report October 12, 1989 -- Page 5
location within 45 minutes commuting time from labor pools; and public water,
sewer, and storm drainage either presently available or feasibly provided in the
future. With the exception of the soils and drainage and assuming that public
sewer can be provided at some time prior to future development of the property,
the proposal is consistent with these criteria.
GENERAL REZONE CRITERIA: Some general rezone criteria have arisen from various
land use court cases in Washington State. The applicable criterion in this case
is that of weighing the potential detriment to neighboring property against the
advantage to the public in general. In the case of a down zone, the courts tell
us that this standard need not be rigidly applied. In any case, the potential
detriment to the use and enjoyment of surrounding parcels is less than what it
would be if the property were developed under the existing Heavy Industrial
zone. The advantage to the public of Whatcom County is that by making this land
usable without public hearings and expenses for variance proceedings the pressure
to rezone other land farther away from labor and transportation facilities is
thereby reduced and infilling is promoted.
FINDINGS
1. The Whatcom County Council has requested that the Planning Commission
consider rezoning property in the Marine Drive area from Heavy Impact
Industrial to Light Impact Industrial in order to resolve the unsuitability
of Gordon Parberry "s property for development due to the small size of the
parcels and the large building setbacks required. The request is to amend
the Urban Fringe Subarea Comprehensive Plan Map from HEAVY IMPACT
INDUSTRIAL to LIGHT INDUSTRIAL PARK and to amend the Official Whatcom
County Zoning Map from HEAVY IMPACT INDUSTRIAL to LIGHT IMPACT INDUSTRIAL
for approximately 9.9 acres comprising the Eldridge Industrial Sites on
Marine Drive.
2. Soils are severely constrained for septic systems due to poor permeability
and seasonal high water.
3. Fire protection is available from Whatcom County Fire District #8 and the
fire Station on Bennett Drive.
4. The City of Bellingham provides water service to the subject area, however
the property depends upon individual onsite septic systems for sewage
disposal. There was a proposed Local Improvement District to provide
sewer service to this area but the L.I.D.'was defeated by neighboring
residents. Future light industrial uses of this property may require
public sewer.
5 The subject property has approximately 950 feet of frontage on Marine Drive
which is posted by the County Engineer "emergency" under severe freeze /thaw
weather conditions with light trucks allowed. The plat of Eldridge
Industrial Sites includes two undeveloped County rights of way, Timpson
Way and Krabbe Drive, both of which are .40 feet in width. FLkture
development of the property may require that owners participate in
upgrading Marine Drive to an all- weather standard and participate in
constructing the Timpson Way and Krabbe Drive as needed.
File #10- 89:CZM
Staff Report October 12, 1989 -- Page 6
6. Uses of the subject property include a tavern /dance hall, a freight
terminal, a small house and vacant land with grass and shrub cover. A
significant feature of the property is that the individual parcels are
so small that application of the 100 foot and 60 foot setbacks of the Heavy
Industrial zone renders them useless for future development. Surrounding
uses include plastic products manufacturing, a cedar mill, a steel
distributor, railroad right of way, vacant wooded land, a County park, a
gas station, vacant vo -tech buildings, a cement plant, a convenience store,
a fire station, and residences.
7. The proposal is essentially consistent with County Goal Statements, the
Urban Fringe Subarea Comprehensive Plan amendment criteria, and general
rezone criteria.
8. With the exception of the lack of soil suitability for septic systems and
assuming that public sewer can be provided, the proposal is consistent
with the Light Industrial locational criteria of the Urban Fringe Subarea
Comprehensive Plan.
RECOMMENDATION
Based on the foregoing findings and conclusions, the Planning Department
recommends that the request to amend the Urban Fringe Subarea Comprehensive Plan
Map and the Official Whatcom County Zoning Map from HEAVY IMPACT INDUSTRIAL, to
LIGHT INDUSTRIAL PARK AND LIGHT IMPACT INDUSTRIAL, respectively, for the
approximately 9.9 acres known as the Eldridge Industrial Sites be approved.
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