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HomeMy WebLinkAboutord1988-043File #05 -88 INTRODUCED BY: Consent PROPOSED BY: Planning Commission DATE: May 5, 1988 ORDINANCE NO. 88 -43 AN ORDINANCE AMENDING THE CHERRY POINT - FERNDALE SUBAREA COMPREHENSIVE PLAN MAP FROM RURAL TO NEIGHBORHOOD COMMERCIAL AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL -FIVE ACRES TO NEIGHBORHOOD COMMERCIAL FOR FIVE ACRES ON THE NORTHWEST CORNER OF SLATER AND ELDER ROADS WHEREAS, Mr. and Mrs. Larry Jordan have filed an application requesting a comprehensive plan map and zoning map amendment from Rural and Rural -Five Acres, respectively, to Neighborhood Commercial for a five acre portion of a 23 acre parcel on Slater and Elder Roads in the Cherry Point - Ferndale Subarea; and WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was published in the Westside Record Journal on April 6, 1988, and the Bellingham Herald on April 9, 1988; and WHEREAS, a Determination of Non - significance was issued on March 17, 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 subject to a concomitant agreement addressing specific issues and a slight change in the western boundary; and WHEREAS, the Planning Commission held a public hearing on the proposal on April 19, 1988 and heard all testimony on the issues and after due deliberation made a determination that the application be approved subject to the concomitant agreement and boundary change as recommended by staff; WHEREAS, the Council at a public meeting on May 19, 1988 reviewed and approved the Planning Commission recommendations; NOW THEREFORE BE IT ORDAINED: 1. The Comprehensive Plan Map and Zoning Map amendment from Rural and Rural -Five Acres, respectively, to Neighborhood Commercial is hereby approved for the parcel legally described as: The south 480' of the east 300' of the south 25 acres of the southeast quarter of Section 34, Township 39N, Range lE of W.M., together with the south 220' of the east 826' of said south 25 acres, except roads; subject to (a) modifying the legal description to contain the proposed action within the area southeast of the ravine; and (b) a concomitant agreement that addresses the following: A. Adequate safeguards for any future underground storage tanks. 1 File #05 -88 B. Assurance that sewage can be adequately dealt with to avoid ground- water contamination by (1) controlling the amount of development; (2) installing dual septic systems or other techniques including using an area outside of the rezone for drain fields; (3) agreeing to hookup to sewer when it becomes available adjacent to the site; and (4) extending sewer to the site if necessary to allow the level of development desired. C. Provision for an overall landscaping plan including the existing area which can be phased in as the property develops, but will also include relandscaping the existing development to conform to current standards for the zone. D. The applicant understands that fire flow requirements may limit future development of the site. 2. The Council finds the public health, safety and general welfare are promoted by the above change. 3. The Council further adopts the following findings and conclusions developed by the staff and Planning Commission: FINDINGS A. The present facilities on the site were originally approved under the General Protection (GP) zone designation and after a zoning code change were expanded once as a nonconforming use in a Rural -5 Acre zone. B. The request for the additional expansion will address an appropriate need for services in the area, but goes beyond the intent for neighborhood grocery stores in the Rural -5 Acre zone. C. The closest commercial and service facilities are more than five miles away at either Gooseberry Point or Ferndale. D. The Cherry Point - Ferndale Subarea plan is over seven years old and overdue for review. E. The Subarea had no Neighborhood Commercial zones originally designated. Even though there has only been moderate growth in the last seven years in the southwestern portion of the Subarea, experience indicates a need for commercial facilities. F. The five acre area meets the generally acceptable minimum size for a Neighborhood Commercial zone district, but crossing the creek and ravine creates an awkward situation. The "L" shape is also not the optimum shape for a Neighborhood Commercial zone, but is needed to 2 File #05 -88 be able to leave the existing residence in Rural -5 Acre zoning. The parcel is also big enough that access points can be controlled to limit impact on the intersection even with the somewhat awkward shape. G. Lack of utility service to the area is a potential problem for the expansion of the commercial area. Ability of a septic system to handle additional intensive uses without contributing to groundwater problems is questionable. This is a particular concern because of the possible location of the aquifer serving the Reservation. H. Another concern is future underground storage tanks. There are proposed federal regulations addressing protective measures for underground tanks that major developers are voluntarily complying with, but they are not law, and there is no assurance there would be compliance. I. There has been a history of noncompliance with the conditions regarding landscaping in two past conditional use permits for the subject property. J: The proposal generally meets the goals of the Cherry Point - Ferndale Subarea plan and the criteria for modification to the plan if impacts to circulation and groundwater contamination are addressed. CONCLUSIONS A. The property should be rezoned as it will enhance the economic viability of Whatcom County while providing a needed service for the area, and potentially reducing unnecessarily long trips for convenience shopping and services by residents, area employees and tourists. B. The legal description for the parcel should be modified to contain the total rezone within the area southeast of the ravine and creek. C. Some controls need to be developed to insure the following: 1) Adequate safeguards for any future underground storage tanks. 2) Assurance that sewage can be adequately dealt with to avoid groundwater contamination by (1) controlling the amount of development; (2) installing dual septic systems or other techniques including using an area outside of the rezone for drain fields; (3) agreeing to hookup to sewer when it becomes available adjacent to the site; and (4) extending sewer to the site if necessary to allow the level of development desired. 3 t,te #05 -88 3) Provision for an overall landscaping plan including the existing area which can be phased in as the property develops, but will also include relandscaping the existing development to conform to current standards for the zone. 4) The applicant understands that fire flow requirements may limit future development of the site. 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 19th day of ATTEST: Clerk of the Council AP VED TO F RM: ave Cotti am Civil Deputy Prosecuting Attorney May . 1988. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Chairperson ('� APPROVED ( ) VETOED W. Jam.,, Shirley Van Za ten, Cou y Executive Date May 20, 1988 Published May 11, 1988 and May 25 1988. This Ordinance becomes effective May 30 1988. 4 Whatcom County Council Office Whatcom County Courthouse 311 Grand Avenue, Suite 105 Bellingham, WA 98225 TITLE OF INSTRUMENT: Concomitant Agreement 1980203159 Page: 1 of 6 2/25/1998 2 :35 Ph AGR $ 00 Whatcom County, WA Request of= WHATCOM COUNTY OF DOCUMENT REFERENCE NUMBERS: Ordinance 88 -043, Agenda Bill Number 98 -086 GRANTOR / GRANTEE INFORMATION: Jordan Rezone LEGAL DESCRIPTION OF PROPERTY: The south 480' of the east 300' of the south 25 acres of the southeast quarter of Section 34, Township 39N, Range lE of W.M., together with the south 220' of the east 826' of said south 25 acres except roads. TAX PARCEL / ACCOUNT NUMBER: J:�nixon\rcordcov U r )J.LV,,_,_,L JORDAN REZONE CONCOMITANT AGREEMENT THIS IS AND AGREEMENT made and entered into by and between the undersigned owner of a certain parcel of property located in Whatcom County (hereinafter called "Owner ") and Whatcom County, a municipal corporation (hereinafter called "the County "): WITNESSETH: .I. WHEREAS, the undersigned parties designated "Owner" are the owner of that certain parcel of real property (hereinafter called the "subject property ") located in Whatcom County, which parcel is more fully described in Exhibit A attached hereto and which parcel is shown on the map attached hereto as Exhibit B; which are incorporated herein by reference as if set out in full, and II. WHEREAS, Owner have applied for a zoning reclassification of the subject property from RURAL FIVE ACRES to NEIGHBORHOOD COMMERCIAL and the Planning Commission has recommended in favor of such reclassification with conditions; and III. WHEREAS, the County Council recognized it was in the best public interest to rezone the site as requested and adopted an ordinance necessary to do so subject to an appropriate agreement addressing specific issues; and Owner 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, Owner have offered to tender to the County this contract respecting the development of the subject property. and the covenants of this contract are intended to constitute a basis for rezoning the property as specified above and the rezone will become effective upon execution of this agreement; NOW, THEREFORE, the Whatcom County Council finds that reclassification of the subject property as specified above is in the public health, safety and general welfare, and in consideration of the County Council's changing the classification of the subject property to NEIGHBORHOOD COMMERCIAL and for so long as the subject property remains so classified, Owner hereby agree to the following covenants and conditions on behalf of themselves and their successors and assigns: JORDAN REZONE CONCOMITANT AGREEMENT - 1 - 1980203159 Page= 2 of 6 2/25/1998 2 =35 PM AGR $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF 1. Owner shall provide adequate safeguards for any future underground storage tanks by: (1) Using aboveground tank(s) as an alternative which would be completely screened from neighboring uses. (2) Or 'providing a fully separate containment structure and monitoring devices that will indicate leakage. (3) Or providing and independent engineer's certification that the installation meets all requirements of the federal regulations contained in 40 CFR Part 280 in effect at the time of application. (4) In addition to either (2) or (3) of the above requirements, all underground storage tanks shall meet the financial responsibility and reporting requirements of 40 CFR Part 2 to effect at the time of application. 2. Owner shall assure that sewage can be adequately dealt with to avoid ground water contamination by: (1) Controlling the amount of development; and /or (2) Installing dual septic systems or other techniques including using an area outside of the rezone area for drain fields; and (3) Agreeing to hookup to sewer when it becomes available to the site: and /or (4) Extending sewer to the site if necessary to allow the level of development desired.. 3. Owner shall provide an overall landscaping plan for the property including the existing developed area when a future development application is submitted. The landscaping may be phased as development occurs but shall include re- landscaping of the existing developed area to conform to current landscaping standards for the zone at the time the plan is submitted. 4. Owner understand fire flow requirements may limit future development of the site. This agreement shall constitute a covenant running with the land and shall be binding upon Owner, their heirs, successors and assigns, and shall be recorded at Owner's expense in the Whatcom County Auditor's office within five days of execution. JORDAN REZONE CONCOMITANT AGREEMENT - 2 - 1980203159 Page: 3 of 6 2/25/1996 2:35 PM AGR .$.00 Whatcom County, WA Request of: WHATCOM COUNTY OF Any amendments or modifications of this Agreement shall be valid only if agreed upon by the County Council following a public hearing and after being reduced to writing and recorded in the Whatcom County Auditor's Office. Nothing contained in this agreement shall be construed to restrict the authority of the County to exercise its police powers nor to prey nt the County from initiating a zoning change in accordance wiA applic,41e ordinances and regulations. Executed y ' Dated thi i s day of /�:!� d.. -��� , 1997. By: It'S: o..... e.� Executed by Dated this aay of , 199 . Executed by WHATCOM COUNTY this 10 day of February 199x, pursuant to authority contained in Ordinance 88 -043 Vf f{ 'T e Council App r ved as to Form: ounty Pro-,,c for WHATCOM COUNTY COUNCIL W 71L7 M COUNTY W HINGTON C airperson ( PROVED ( ) VETOED PSte Kremen County Executive Date: C,).,) 3. F JORDAN REZONE CONCOMITANT AGREEMENT - 3 - Request of: WHATCOM 1980203159 Page: 4 of 6 2/25/1998 2:35 PM AGR $.00 Whetcom County, WA COUNTY OF EXHIBIT A The south 480' of the east 300' of the south 25 acres of the southeast quarter of Section 34, Township 39N, Range 1E of W.M., together with the south 220' of the east 826' of said south 25 acres except roads. EXHIBIT A TO JORDAN REZONE CONCOMITANT AGREEMENT 1980203159 Page= 5 of 6 2/25/1998 2:35 PM AGR x.00 Whatcom County, WA Request of: WHATCOM COUNTY OF N: EXHIBIT S TO- JORDAN REZONE CONCOMITANT AGREEMENT. �CNL C .ss3y, T3 Sir/ i 7 i I �• •. ASS - a,C A*C 39 . ?I'6:. :�. '�' .r.1.'.!y +. - .� :7.; rn;F {yc; P:-�.., .i�;�j^r. ? %�*'� c 'r:.. .c,''jt'•'.. ��1J n��' ;e:'.FJ � ":ii� '3 Td7+',3..1n ' ..iw •: '�.. ::'r: Si'. .w`i)�: .iSi• ^.i s;��' ..t�. ..�_ „7 i; +' )) V•,t , d1.�7l� C� ( �i•7,!'�:::; %:[r. !• � � .�: - w:�: 1 .'1L''•/ 7 .�:r:�f....l} )7:'.11:.:F�'l•:_l1 ^10. 9. ... •.!J.'i {i�':_. � ..._..'J� •�.�•i. '�li f. 1980203159 Page: B of 8 2/25/1998 2:35 PM AGR $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF �r y Y :ii YN14 � ' y. Kam. .�,�'• a.Kw 4." 4.67A I I 4.27 -A I f ER ROB. y � rri4 , 0.3 DA GERT• 38,80•A 1Q70 -4 D.0 CARSON' ,»A , C.E JORDAN I H ,cytS vo1'1 ya'tl . x,�rl 9 85-A II E S. JOROAR ^- r !!!!! 444,A &*$ -A . _ ID I SND RT 1319 ::. ©�.js5 :.' O Ft. X y� t �. e' r, �.,,��� !;, I.IJ•4 I.IJ•A i• 010'•i OGILVIE 1e.31-A I: • yo(3 EXHIBIT S TO- JORDAN REZONE CONCOMITANT AGREEMENT. �CNL C .ss3y, T3 Sir/ i 7 i I �• •. ASS - a,C A*C 39 . ?I'6:. :�. '�' .r.1.'.!y +. - .� :7.; rn;F {yc; P:-�.., .i�;�j^r. ? %�*'� c 'r:.. .c,''jt'•'.. ��1J n��' ;e:'.FJ � ":ii� '3 Td7+',3..1n ' ..iw •: '�.. ::'r: Si'. .w`i)�: .iSi• ^.i s;��' ..t�. ..�_ „7 i; +' )) V•,t , d1.�7l� C� ( �i•7,!'�:::; %:[r. !• � � .�: - w:�: 1 .'1L''•/ 7 .�:r:�f....l} )7:'.11:.:F�'l•:_l1 ^10. 9. ... •.!J.'i {i�':_. � ..._..'J� •�.�•i. '�li f. 1980203159 Page: B of 8 2/25/1998 2:35 PM AGR $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF . ?I'6:. :�. '�' .r.1.'.!y +. - .� :7.; rn;F {yc; P:-�.., .i�;�j^r. ? %�*'� c 'r:.. .c,''jt'•'.. ��1J n��' ;e:'.FJ � ":ii� '3 Td7+',3..1n ' ..iw •: '�.. ::'r: Si'. .w`i)�: .iSi• ^.i s;��' ..t�. ..�_ „7 i; +' )) V•,t , d1.�7l� C� ( �i•7,!'�:::; %:[r. !• � � .�: - w:�: 1 .'1L''•/ 7 .�:r:�f....l} )7:'.11:.:F�'l•:_l1 ^10. 9. ... •.!J.'i {i�':_. � ..._..'J� •�.�•i. '�li f. 1980203159 Page: B of 8 2/25/1998 2:35 PM AGR $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF Whatcom County Council Office Whatcom County Courthouse 311 Grand Avenue, Suite 105 Bellingham, WA 98225 TITLE OF INSTRUMENT: Concomitant Agreement 1980203159 Page: 1 of 6 2/25/1998 2 :35 PM AGR S 00 Whatcom County, WA Request of: WHATCOM COUNTY OF DOCUMENT REFERENCE NUMBERS: Ordinance 88 -043, Agenda Bill Number 98-086 GRANTOR / GRANTEE INFORMATION: Jordan Rezone LEGAL DESCRIPTION OF PROPERTY: The south 480' of the east 300' of the south 25 acres of the southeast quarter of Section 34, Township 39N, Range lE of W.M., together with the south 220' of the east 826' of said south 25 acres except roads. TAX PARCEL / ACCOUNT NUMBER: J:�nixon\rcordcov JORDAN REZONE CONCOMITANT AGREEMENT THIS IS AND AGREEMENT made and entered into by and between the undersigned owner of a certain parcel of property located in Whatcom County (hereinafter called "Owner ") and Whatcom County, a municipal corporation (hereinafter called "the County "): WITNESSETH: I. WHEREAS, the undersigned parties designated "Owner" are the owner of that certain parcel of real property (hereinafter called the "subject property ") located in Whatcom County, which parcel is more fully described in Exhibit A attached hereto and which parcel is shown on the map attached hereto as Exhibit B; which are incorporated herein by reference as if set out in full, and II. WHEREAS, Owner have applied for a zoning reclassification of the.subject property from RURAL FIVE ACRES to NEIGHBORHOOD COMMERCIAL and the Planning Commission has recommended in favor of such reclassification with conditions; and III. WHEREAS, the County Council recognized it was in the best public interest to rezone the site as requested and adopted an ordinance necessary to do so subject to an appropriate agreement addressing specific issues; and Owner 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, Owner have offered to tender to the County this contract respecting the development of the subject property. and the covenants of this contract are intended to constitute a basis for rezoning the property as specified above and the rezone will become effective upon execution of this agreement; NOW, THEREFORE, the Whatcom County Council finds that reclassification of the subject property-as specified above is in the public health, safety and general welfare, and in consideration of the County Council's changing the classification of the subject property to NEIGHBORHOOD COMMERCIAL and for so long as the subject property remains so classified, Owner hereby agree to the following covenants and conditions on behalf of themselves and their successors and assigns: JORDAN REZONE CONCOMITANT AGREEMENT - 1 - 1980203159' Page= 2 of 6 2/25/1888 2 =35 PM AGR $.00 Whatcom County, WA Request of= WHATCOM COUNTY OF 1. Owner shall provide adequate safeguards for any future underground storage tanks by: (1) Using aboveground tank(s) as an alternative which would be completely screened from neighboring uses. (2) Or providing.a fully separate containment structure and monitoring devices that will indicate leakage. (3) Or providing and independent engineer's certification that the installation meets all requirements of the federal regulations contained in 40 CFR Part 280 in effect at the time of application. (4) In addition to either (2) or (3) of the above requirements, all underground storage tanks shall meet the financial responsibility and reporting requirements of 40 CFR Part 2 to effect at the time of application. 2. Owner shall assure that sewage can be adequately dealt with to avoid ground water contamination by: (1) Controlling the amount of development; and /or (2) Installing dual septic systems or other techniques including using an area outside of the rezone area for drain fields; and (3) Agreeing to hookup to sewer when it becomes available to the site: and /or (4) Extending sewer to the site if necessary to allow the level of development desired. 3. Owner shall provide an overall landscaping plan for the property including the existing developed area when a future development application is submitted. The landscaping may be phased as development occurs but shall include re- landscaping of the existing developed area to conform to current landscaping. standards for the zone at the time the plan is submitted. 4. Owner understand fire flow requirements may limit future development of the site. This agreement shall constitute a covenant running with the land and shall be binding upon Owner, their heirs, successors and assigns, and shall be recorded at Owner's expense in the Whatcom County Auditor's office within five days of execution. JORDAN REZONE CONCOMITANT AGREEMENT - 2 - 1980203159 Page: 3 of 6 2/25/1996 2:35 PM AGR $.00 Request of: WHATCOM COUNTY Whatcom County, WA Any amendments or modifications of this Agreement shall'be valid only if agreed upon by the County Council following a public hearing and after being reduced to writing and recorded in the Whatcom County Auditor's Office. Nothing contained in this agreement shall be construed to restrict the authority of the County to exercise its police powers nor to prev nt the C unty from initiating a zoning change in accordance wi#h applirzble ordinances and regulations. ' Executed y ' Dated thi % s day of 1997. Executed by Dated this - day of gy :ry It's: , 199 . Executed by WHATCOM COUNTY this 10 day of February 199 &., pursuant to authority contained in Ordinance 88 -043 r e Council Appr ved as to Form: A 21,1 ounty -Pro"s(i6titor WHATCOM COUNTY COUNCIL W!7 ,7M COUNTY WAQHINGTON AA C airper.son ( ,APPa0VED ( ) VETOED Peste.Kremen County Executive Date: "),d 3- F JORDAN REZONE CONCOMITANT AGREEMMU - 3 - 1980203159 page: 4 of 8 2/25/1998 2 °35 PM AGR $.ee Whetcom County- WA Request of: WHATCOM COUNTY OF EXHIBIT A The south 480' of the east 300' of the south 25 acres of the southeast quarter of Section 34, Township 39N, Range 1E of W.M., together with the south 220' of the east 826' of said south 25 acres except roads. EXHIBIT A TO JORDAN REZONE CONCOMITANT AGREEMENT 1980203159 Page: 5 of 6 2/25/1998 2:35 PM AGR S.00 Whetcom County, WA Request of: WHATCOM COUNTY OF I I K4•li *Ar�ti yLLa ROBT OENEYER' L - 8. DAUGERT AYSq ft� Y%14 4.6.7A 4.27 -41 I V l I 4 - SfNL C - too, 38,80 A ' 1&7" D.0 LARSON' 477.1 I T,39i1/ I t C•E JORDAN i I iyy; f7$; S. JOROAN 7 1980203159 Page: 6 of 6 2/25/1998 2 :35 PM AGR $.00. Whetcom County, WA Request of: WHATCOM.000NTY OF S. JOROAN • 444-A . ' SN 0 I � I I• I yat4 I a4 AIS • Cf MG Ake row Y `I � �� •rte j 013' a7a A OGILVIE 183PA ��� a4, , r— _ -- - - — •S=am ,r- �.e _ [tv ,- ..,- . --• - -.... -- - a - EXHIBIT B TO JORDAN REZONE �+ CONCOMITANT AGREEMENT : �.: 1?: :lf:+Tyn7�_,l.i&+T�:eP'•x�:�)e. -. p. ,.rl •�Y -fir. •1.^•: ^F ;' t-` n, r5:•' �: '� �L.i - •,•��5.:�i ^1:�� ��j:'.iJ :' .i'i•.Sa��..d..Ytx3;:. .. .. t.1�,.h�aF7. r�i.:.y� ?tL i�L�.fC:�Ya.- {�.da. o1.`;•;::�'1. 'f.11 �'., =::�. - �.._..�Y =.] ....... .... .. ..�t- .. 1980203159 Page: 6 of 6 2/25/1998 2 :35 PM AGR $.00. Whetcom County, WA Request of: WHATCOM.000NTY OF