HomeMy WebLinkAboutord1988-1011 File Ref 16- 88:CZM INTRODUCED BY: consent
2 PROPOSED BY: Planning
3 DATE: November 17, 1988
4 ORDINANCE NO. 88 -101
5 AN ORDINANCE AMENDING THE URBAN FRINGE SUBAREA COMPREHENSIVE PLAN
6 MAP FROM RURAL TO LIGHT INDUSTRIAL PARK AND THE OFFICIAL WHATCOM
7 COUNTY ZONING MAP FROM RURAL -FIVE ACRES TO LIGHT IMPACT INDUSTRIAL
8 FOR APPROXIMATELY ONE HALF OF A TEN ACRE PARCEL WEST OF GUIDE
9 MERIDIAN AND NORTH OF AND ABUTTING THE WEST END OF WALDRON ROAD,
10 LOT A, BLOCK 77 OF BAKERVIEW ADDITION, ASSESSOR'S PARCEL #380201-
11 434305.
12 WHEREAS, Fred Wendover has filed an application requesting a Comprehensive
13 Plan Map amendment from Rural to Light Industrial Park and a zone map amendment
14 from Rural -Five Acres to Light Impact Industrial for approximately one half of
15 a ten acre parcel, west of Guide Meridian and north of and abutting the west end
16 of Waldron Road in the Urban Fringe Subarea; and
17 WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice
18 was published in the Westside Record Journal on October 5, 1988, and in the
19 Bellingham Herald on October 8, 1988; and
20 WHEREAS, a Determination of Nonsignificance was issued on September 23,
21 1988 by the Deputy SEPA Responsible Official; and
22 WHEREAS, the Planning Department reviewed the request and prepared a staff
23 report, attached, recommending favorably to the comprehensive plan map amendment
24 and rezone request; and
25 WHEREAS, the Planning Commission held a public hearing on the proposal on
26 October 18, 1988 and heard all testimony on the issues and after due deliberation
27 made a determination that the application be approved; and
28 WHEREAS, the Council at a public meeting on December 1, 1988 reviewed and
29 approved the Planning Commission recommendations;
30 NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
31 1. The Comprehensive Plan Map amendment from Rural to Light Industrial Park
32 and the zone map amendment from Rural -Five Acres to Light Impact
33 Industrial are hereby approved for the northeast portion of Lot A, Block
34 77 of Bakerview Addition, bearing Assessor's parcel number (as of October
35 18, 1988) #380201 - 434305;
36 2. The Council finds the public health, safety and general welfare are
37 promoted by the above change.
38 3. The Council adopts the following findings and conclusions developed by the
39 staff and the Planning Commission:
40 (1) The proposal is generally consistent with the goals and policies of
41 the Urban Fringe Subarea Comprehensive Plan.
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File 16- 88:CZM
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(2)
When the Urban Fringe Subarea Comprehensive Plan was adopted in 1984,
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the boundary between Light Industrial and Rural was drawn diagonally
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through the middle of the subject property to accommodate projected
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circulation patterns associated with the anticipated Cordata P.U.D.
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(3)
As the Cordata P.U.D. evolved in 1985 and 1986, the circulation
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patterns were revised, thus invalidating the rationale for the zone
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boundary through the subject property.
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(4)
The evolution of the Cordata P.U.D. since 1984 constitutes sufficient
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substantial change to support the rezone proposal.
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(5)
This change would allow the entire parcel to be marketed and
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developed as an economic unit for light industrial uses as opposed
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to having it split between industrial and rural uses.
14
(6)
A favorable recommendation for this proposal recognizes unique
15
circumstances associated with the subject parcels and does not imply
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any future Planning Commission support of future rezone requests for
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industrial or commercial uses in this area.
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4. Adjudication of invalidity of any of the sections, clauses, or provisions
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of this Ordinance shall not affect or impair the validity of the Ordinance
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as a
whole or any part thereof other than the part so declared to be
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invalid.
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PASSED this
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1'a't day of 1988.
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ATTEST:
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29
Clerk of the Council
30 APPROVED AS TO FORM:
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32
33 Dave Cotting
34 Civil Deputy 'Prosecuting Attorney
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WHATCOM COUNTY COUNCIL
CO4P.oe SHI GTON
r�
Willia airperso
(APPROVED ( ) VETOED
ILL L—
Shirley Van Z nten, County Executive
Date
f
f)te #16- 88:CZM
October 18, 1988
WHATCOM COUNTY PLANNING DEPARTMENT
AGENCY REPORT
IN THE MATTER OF AMENDING THE URBAN FRINGE SUBAREA )
COMPREHENSIVE PLAN MAP FROM RURAL TO LIGHT INDUSTRIAL)
PARK AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM )
RURAL -FIVE ACRES TO LIGHT IMPACT INDUSTRIAL FOR AP- ) FINDINGS
PROIXMATELY ONE HALF OF A TEN ACRE PARCEL WEST OF THE) REASONS AND
GUIDE MERIDIAN AND NORTH OF AND ABUTTING THE WEST END) MOTION
OF WALDRON ROAD, LOT A, BLOCK 77 OF BAKERVIEW AD- )
DITION, ASSESSOR'S PARCEL #380201 - 434305 )
WHEREAS, Fred Wendover has filed an application requesting a Comprehensive
Plan Map amendment from Rural to Light Industrial Park and a zone map amendment
from Rural -Five Acres to Light Impact Industrial for approximately one half of
a ten acre parcel, west of Guide Meridian and north of and abutting the west end
of Waldron Road in the Urban Fringe Subarea; and
WHEREAS, pursuant to RCW 36.70.590 and Council directive legal notice was
published in the Westside Record Journal on October 5, 1988 and in the Bellingham
Herald on October 8, 1988 for the October 18, 1988 hearing; and
WHEREAS, a determination of non - significance was issued on September 23,
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
October.18, 1988 and heard all 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. That a quorum of Commission members was present at the hearing.
2. The statutory requirements were met regarding legal notice and SEPA review.
3. The proposal is generally consistent with the goals and policies of the
Urban Fringe Subarea Comprehensive Plan.
4. When the Urban Fringe Subarea Comprehensive Plan was adopted in 1984, the
boundary between Light Industrial and Rural was drawn diagonally through
the middle of the subject property to accommodate projected circulation
patterns associated with the anticipated Cordata P.U.D.
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F..e #16- 88:CZM
October 18, 1988
5. As the Cordata P.U.D. evolved in 1985 and 1986, the circulation patterns
were revised, thus invalidating the rationale for the zone boundary through
the subject property.
6. The evolution of the Cordata P.U.Q. since 1984 constitutes sufficient
substantial change to support the rezone proposal.
7. This change would allow the entire parcel to be marketed and developed as
an economic unit for light industrial uses as opposed to having it split
between industrial and rural uses.
8. A favorable recommendation for this proposal recognizes unique
circumstances associated with the subject parcel and does not imply any
future Planning Commission support of future rezone requests for industrial
or commercial uses in this area.
9. The Chairperson and Secretary are hereby directed to place their signatures
on this document and transmit same, together with the attached staff report
to the County Council.
Done and passed by a•.unanimous vote (7 -0) on the 18th day of October, 1988.
Commissioners present: Hinton, Van Dalen, Funkhouser, Freeman, Heeringa, Baijot,
and Shearer.
WHATCOM COUNTY PLANNING COMMISSION
Attachments: Staff Report
E
vid Simpson, Chairperson
Daniel W. Tayl#i Secretary
File Ref: 16 -88 CZM
October 11, 1988
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT:
Fred Wendover
REQUEST:
The request is to amend the Urban Fringe Subarea Comprehensive Plan Map for
approximately one half of a 10 acre parcel from Rural to Light Industrial Park
and to rezone the property from Rural -Five Acres to Light Impact Industrial —
LOCATION:
The property is in the northeast quarter of Section 1, Township 38 north, Range
2 East. More specifically, the property is west of Guide Meridian, north of the
Cordata P.U.D., and north of and abutting the west end of Waldron Road. The
property is legally described as Lot A, Block 77, Bakerview Addition; Assessor's
parcel number 380201- 434305.
STATUTORY REQUIREMENTS:
Pursuant to RCW 36.70.590 and Council directive, legal notice was published in
the Westside Record Journal on Wednesday, October 5, 1988, and in the Bellingham
Herald on Saturday, October 8, 1988. The Deputy SEPA Responsible Official made
a Determination of Nonsignificance on September 23, 1988. The SEPA process is
being handled as a phased review pursuant to WAC 197 -11- 060(5).
REGULATORY EFFECTS OF THE REQUEST
The proposal would shift the boundary between the Light Impact Industrial zone
and the Rural -Five Acres zone to the northeast so that it no longer divides the
subject parcel. This change would allow the entire parcel to be developed for
light industrial uses as opposed to the existing split between industrial and
rural uses.
FINDINGS
EXISTING CONDITIONS
WATER RESOURCES: Groundwater supply is generally low or of uncertain quality in
this area and the water table is high and easily contaminated.
SOILS: The soil on the property is Whatcom Labounty Silt Loam (70D). It is a
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File Ref: 16 -88 CZM
October 11, 1988
deep, poorly drained soil with a depth to seasonal (December through April) water
table of 12 to 36 inches and slow to moderate permeability with slow runoff and
occasional winter ponding. Development limitations are generally severe. The
soil is classified as prime when drained and is usually used for hay, pasture,
woodland, and homesites.
WATER AND SEWER SERVICE: The property is dependent on individual wells for water
and individual septic systems for wastewater disposal. Bellingham City water
is currently available to the adjacent Cordata P.U.D. Industrial development
of the site would depend upon provision of an adequate source of water and
wastewater disposal. Limitations for septic tank absorption fields are the
seasonal high water and the poor filter of the substratum.
OTHER COMMUNITY FACILITIES: The property is within Whatcom County Fire District
#8 and is within one and one half miles of the fire Station at West Bakerview
and Northwest Road and within one and one half miles of the fire station at East
Bakerview and James Street Road. The fire district has mutual aid agreements
with Districts #4 and #7, the City of Bellingham, and the Bellingham
International Airport. Industrial development of the property would be dependent
upon meeting fire flow requirements. The site is within the Bellingham School
District #501.
TRANSPORTATION: The parcel abuts the west end of Waldron Road, a partially
developed and gravel surfaced county right of way. Waldron Road currently serves
one single- family residence.
LAND USE: The subject property is vacant and in mixed forest cover. To the west
is the undeveloped light industrial portion of the Cordata P.U.D. Uses to the
north, east, and south are low density residential and vacant land with mixed
forest cover. There is one residence directly south of the subject property.
ANALYSIS
Comprehensive Plan Amendment Criteria
The Urban Fringe Subarea Comprehensive Plan requires conformance with four
criteria for Comprehensive Plan amendment requests:
1. The amendment request shall conform with the goals of the subarea plan.
The proposal is consistent with Regional Design Goal A.I. because it is
immediately adjacent to an area that is planned for urban uses. It is also
consistent with Growth Management Goal B.5 in that bringing the entire parcel
under one zoning designation is more equitable and practical for rational
development than having the parcel split diagonally. Finally, the proposal
supports Land Use Goal C.4 by permitting the parcel to be developed as a single
unit with consideration for compatibility with adjacent planned uses and
transportation access.
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File Ref: 16 -88 CZM
October 11, 1988
2. The amendment request shall be compatible with the existing and planned
surrounding land uses.
Since nearly half of the parcel is already planned for light industrial
uses, the proposal presents no compatibility problems.
3 The amendment request shall not result in unmitigated detrimental impacts
to existing transportation systems.
The proposed rezone is not substantially different in terms of
transportation impacts than the existing zoning. There would be an
increase in trips generated by industrial development of the property, but
this would be addressed during the development process.
4. The amendment request shall demonstrate a land usage need which is
consistent with -the environmental and economic policies of the plan.
The need in this case is for the subject ten acre parcel to have the
potential to be developed as a marketable unit under one zoning
classification.
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 the burden of proving
that conditions have substantially changed since the most recent zoning was
enacted. When the.Urban Fringe Subarea Comprehensive Plan was adopted in 1984,
the boundary between Light Industrial and Rural was drawn diagonally through the
middle of the subject property to accommodate projected circulation patterns
associated with anticipated P.U.D. development of the adjacent property. As the
Cordata P.U.D. evolved in 1985 and 1986, the circulation patterns were revised,
thus invalidating the rationale for the zone boundary through the subject
property.
CONCLUSIONS
The proposed Comprehensive Plan amendment and rezone for the subject property
are consistent with the Urban Fringe Subarea Comprehensive Plan amendment
criteria. Furthermore, the proposal is consistent with the general rezone
criteria in terms of changed conditions as discussed above. Although there is
ample undeveloped Light Industrial zoned land in the area, the unique
circumstances associated with this property support the proposed rezone. A
favorable recommendation for this rezone does not imply that the staff will be
supportive of future rezones for commercial or industrial uses in this area.
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File Ref: 16 -88 CZM
October 11, 1988
RECOMMENDATIONS
Based on the foregoing findings, analysis, and conclusions, the Planning
Department recommends approval of Fred Wendovers' request to amend the Urban
Fringe Subarea Comprehensive Plan and zoning maps from Rural Five Acres to Light
Impact Industrial.
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