HomeMy WebLinkAboutord1988-054File #07- 88:CZM
INTRODUCED BY: Consent
PROPOSED BY: Planning Comm as on
DATE: June 2, 1988
ORDINANCE NO. 88-54
AN ORDINANCE AMENDING THE BIRCH BAY - BLAINE SUBAREA COMPREHENSIVE PLAN
FROM COMMERCIAL TO URBAN RESERVE AND THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM GENERAL COMMERCIAL TO URBAN RESIDENTIAL FOR APPROXIMATELY SIX
ACRES ON BLAINE ROAD WITHIN THE NORTHWEST QUADRANT OF THE BLAINE
ROAD /BIRCH BAY - LYNDEN ROAD INTERSECTION
WHEREAS, Robert Bishop has filed an application requesting to amend the
Birch Bay - Blaine Subarea Comprehensive Plan Map and the Whatcom County Official
Zoning Map from COMMERCIAL and GENERAL COMMERCIAL respectively to URBAN RESERVE
and URBAN RESIDENTIAL for approximately six acres on the Blaine Road within the
northwest quadrant of Blaine Road /Birch Bay - Lynden Road Intersection.
WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice
was published in the Westside Record Journal on May 4, 1988, and the Bellingham
Herald on May 7, 1988; and
WHEREAS, a Determination of Non - significance was issued on April 25, 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; and
WHEREAS, the Planning Commission held a public hearing on the proposal on
May 17, 1988 and heard all testimony on the issues and after due deliberation
made a determination that the application be approved as recommended by staff;
WHEREAS, the Council at a public meeting on June 16, 1988 reviewed and
approved the Planning Commission recommendations;
NOW THEREFORE BE IT ORDAINED:
1. The Comprehensive Plan Map and Zoning Map amendment from Commercial and
General Commercial, respectively, to Urban Reserve and Urban Residential -
4 (UR -4) is hereby approved for the parcel legally described as:
Lots 1, 2 and 3 of Bishop's Acres Short Plat, Volume 16,
page 42 Short Plats, Auditor's File No. 1596712
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:
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FILE #07- 88:CZM - Page 2 of 3
FINDINGS
A. The Birch Bay - Blaine subarea planning and zoning was recently
completed and there are no changed conditions. However the General
Commercial area was provided based on the 1977 Plan and the input
from several property owners in the area. There had been no
consideration of the commercial market, which except for some
activity on Birch Bay - Lynden Road itself has been flat.
B. In changing from the proposed zone of Tourist Residential (TR7) to
the more standard exclusionary zones an analysis was not done of the
appropriate boundaries for a General Commercial zone at the
intersection which may have resulted in a reduced area.
C. Utilities are present and the property owner does have a market for
low density residential uses intending to locate mobile homes on his
three two acre parcels.
D. The amendments are in conformance with the five criteria for a plan
change.
E4 The loss of six acres from an approximately 100 acre General
Commercial zone is not of serious consequence. There is ample
commercial zoning in the Birch Bay - Blaine Subarea to meet demand,
even if the market picks up.
F. There is some evidence that the need for commercial zoning may be
shifting northwest based on the residential pattern that is
beginning to occur in the area.
8. The rezone does create a somewhat awkward shape for the commercial
district, but this is tempered by the existing development pattern
to the west which includes one house in the middle of a five acre
parcel and the American Legion Hall.
CONCLUSIONS
Even though the comprehensive plan and zoning for the Birch Bay - Blaine
Subarea was recently done and there have been no significant changes,
there is the question of the appropriateness of the General Commercial
zone boundaries.' Therefore the plan change and down zone is an
appropriate action.
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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FILE #07- 88:CZM Page 3 of 3
PASSED this 16th day of June , 1988.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl Chairperson
ATTEST: (If APPROVED ( ) V�D
er of the Council Shirley Van Za ten, Co y Executive
APPROVED AS TO FORM;
.. Date June 17, 1988
DaW Cottingh
Civil Deputy osecuting Attorney
Published June 8 and June 22 1988.
This Ordinance becomes effective June 27, 1988 1988.
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