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Home My WebLink Aboutord1988-030PROPOSED BY: PlanninR mission DATE: Apt'il 7, -. ,88 ORDINANCE NO. 88 -30 AN ORDINANCE AMENDING THE CHERRY POINT - FERNDALE SUBAREA COMPREHENSIVE PLAN FROM LIGHT INDUSTRIAL PARK TO COMMERCIAL; AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM LIGHT IMPACT INDUSTRIAL TO TOURIST COMMERCIAL FOR A 2.5 ACRE PARCEL ON PORTAL WAY AND GRANDVIEW ROAD; AND AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO ALLOW FREEWAY ORIENTED USES WITHIN TOURIST COMMERCIAL ZONES AND WITHIN 1500' OF FREEWAY INTERCHANGES TO HAVE ONE ELEVATED SIGN UP TO 50' ABOVE THE HIGHEST ROADBED OF THE INTERCHANGE WHEREAS, Atlantic Richfield Company (ARCO) has filed an application requesting a comprehensive plan map amendment from Light Industrial Park to Commercial; a zoning map amendment from Light Impact Industrial to Tourist Commercial for a 2.5 acre parcel on Portal Way and Grandview Road; and a zoning text amendment to allow freeway oriented uses in all commercial zones, and within 1500' of freeway interchanges to have one elevated sign up to 50' above the highest roadbed of the interchange; and WHEREAS, pursuant to RCW 36.70.590 and Council directive, legal notices were published on March 2, 1988 in the Westside Record, and on March 5, 1988 in the Bellingham Herald. Notices were also mailed to property owners within 300'; and WHEREAS, a Determination of Non - significance was made on March 4, 1988 by the Deputy SEPA Official; and WHEREAS, the Planning Department reviewed the request and prepared a staff report attached recommending favorably on the rezone and comprehensive plan change, and further recommending the text change for the sign but with a maximum height of 35' and as a conditional use; and WHEREAS, the Planning Commission held a hearing on March 15, 1988 and heard all testimony on the issues and after due deliberations developed findings and made a recommendation to the County Council approving the comprehensive plan and rezone request and the text amendment; and WHEREAS, the Council at a public meeting on April 21 reviewed and approved the Planning Commission recommendation; NOW THEREFORE BE IT ORDAINED as follows: 1. The Comprehensive Plan change from Light Industrial Park to Commercial and the rezone from Light Impact Industrial to Tourist Commercial for the parcel legally described in Exhibit "A" is hereby approved. 2. The following text change is hereby approved: 20.80.500 SIGN CONTROLS 535 Tourist Commercial Sign Regulations Modify: (4) Signs shall not exceed the -height - regulatiens- found- in- Seet4en- -2�.b3 -.400 40' in height except as provided for in item (7) below. Add: u One of the freestanding on premise signs shall be permitted additional sign height subject to the following criteria: a. b. The sign is within 1500' of a freeway interchange, measured from the intersection of the centerline of a freeway and the centerline of the intersecting roadway. c. The permitted sign height shall not exceed fifty (50) feet above the elevation of the overpass or freeway (whichever is higher) at the intersection of the freeway centerline and the centerline of the intersecting roadway. 3. The Council finds the public health, safety and general welfare are promoted by the above changes. 4. The Council further incorporates herein in their entirety as the Council findings the findings prepared by the Planning Commission, as listed in Exhibit "B ". 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 21st day of April , 1988, ATTEST: Jerk of the Council APPROVED AS TO FORM: Da a otting m Civil Deput rosecuting Attorney Published April 13 This Ordinance becomes effective WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 2 William P. Roehl Chrtrperson (,I--APPROVED( ) VETOED Shirley Van Z nten, Mnty Executive Date April 22, 1988 and April 27 1988 May 2 1988. EXHIBIT "A" PARCEL #1 SURVEYOR'S METES AND BOUNDS DL3CRIPTION (Not to be used for conveyance of pr3perty) A tract of land in the Northeast quarter of Section 7, Township 39 North, Range 2 East of the Willamette Meridian, Whatcom County, Washington described as follows: BEGINNING at the intersection of the South line of the North 347.5 feet of the North- east quarter of said Section 7 with the Easterly right -of -way of the old Pacific Highway (Portal Way); THENCE North 44° 29' 28" West, 425.35 feet along said Easterly line to the South line of the X -2 line described in deed to the Washington Department of Transportation recorded under AFN 894092 and as further depicted on the Washington Department of Transporta- tion plans for primary State Highway No. 1, Sheet 5 of 18 sheets, approved March 31, 1959; THENCE Easterly, 210.29 feet along the South line of said X -2 line on the arc of a 523.00 foot radius curve concave Southerly through a central angle of 23' 02' 14 "; THENCE South 66° 35' 05" East, 85.30 feet along said South lirla; THENCE South 23' 24' 55" West, 20.00 feet along said South line; THENCE South 66° 35' 05" East, 127.29 feet along said South line, THENCE Easterly 137.71 feet along said South line on the arc of a 643.00 foot radius curve concave Northerly through a central angle of 12' 16' 14% THENCE South I V 08' 43" West, 10.00 feet along said South line; THENCE Easterly 282.58 feet along said South line of the arc of a 653.00 foot radius curve concave Northerly through a central angle of 240 47' 38" to the Westerly line of Interstate Highway No. 5; THENCE South 470 09' 05" East, 192.27 feet along said Westerly line to the South line of the North 347.50 feet of the Northeast quarter of said Section 7; THENCE North 880 25' 20" West, 644.26 feet to the POINT OP BEGINNING July 17, 1987 2406.16 EXHIBIT B A. Comprehensive Plan Change and Rezone 1. The request is a plan change from Light Industrial Park to Commercial and a rezone from Light Impact Industrial to Tourist Commercial. These are relatively minor changes with the major effect being a change in emphasis on orientation. 2. The changes conform to the economic goals and policies of the Cherry Point /Ferndale Subarea. 3. The Cherry Point /Ferndale Subarea is seven years old and the first subarea completed. It was originally anticipated to be reviewed in five years. While five years was an unrealistic projection, this subarea is unquestionably a candidate for reasonable changes. 4. A reasonable argument has been made that commercial on the west side of the freeway relates better to south bound traffic and to the commuting patterns related to industrial uses and zoning to the west. B. Zoning Code Text Amendment 1. Businesses need adequate signage to operate successfully. 2. The ARCO mini market because of its location has a signage problem that will require more sign height than what the proposed Tourist Commercial zone will allow. If this is not an established fact under present conditions, it will certainly be true if trees are allowed to grow on the property in the northwest quadrant of the interchange, or if this property is developed, particularly with multiple story buildings. 3. Not adopting the text change and going back to the variance approach could resolve ARCO's particular problem. It would have the advantage of allowing more time to develop precise information or assemble the information already generated, allowing the Hearing Examiner to grant the relief needed and nothing more. By using the variance approach we would also not be encouraging a proliferation of tall signs at interchanges. On the other hand this approach ignores a problem that may exist at many of the interchanges, whereas the text amendment is an innovative approach that attempts to address this broader issue. 4. Adequate signage is important along the freeway and is appreciated when one is looking for services. 5. When on the freeway the main focus is not the scenery. 6. There is no problem with a few signs up to 80' in total height and this zone change will not cause a proliferation of tall signs because of the economics of installing these signs. 7. The balloon study done by Barghausen Engineers indicates the need to get above the tree line in the background and even with this height someday there will be the need to top trees in the foreground. 8. The balloon study indicates a minimal impact by a sign with a total height 10 or 80 feet.