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HomeMy WebLinkAboutord1987-004DATE: December 18, 1986 INTRODUCED BY: CONSENT PROPOSED BY: Planning Commission ORDINANCE NO. 87 -4 1 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY 2 ZONING MAP TO PROVIDE FOR A LIGHT IMPACT INDUSTRIAL DISTRICT IN THE CHERRY POINT /FERNDALE SUBAREA 3 4 WHEREAS, the Trillium Corporation ( "Trillium ") has applied for a zoning 5 reclassification from "Urban Residential" (UR) to "Light Impact Industrial" (LII) 6 on a parcel of approximately 69 acres located in the Cherry Point /Ferndale 7 subarea ( "the subject property "), which parcel is more fully described in the 8 legal description attached as Exhibit A of the Concomitant Agreement that is 9 attached hereto and incorporated herein by this reference; and 10 11 WHEREAS, the Planning Agency reviewed the reclassification request, 12 determined that the rezone was consistent with the "Urban Reserve" Comprehensive 13 Plan designation adopted as part of Cherry Point /Ferndale Subarea Plan update and 14 recommended approval of the rezone subject to conditions; and 15 16 WHEREAS, the Planning Commission held a public hearing and recommended 17 approval of the requested reclassification with conditions; and 18 19 WHEREAS, rezoning the site to Light Impact Industrial is. in the best. 20 interest of the community, and will promote orderly and coordinated development 21 in the County, encourage the most appropriate use of land throughout the County, 22 and secure an appropriate allotment of land area for all requirements of life of 23 the County; and 24 25 WHEREAS, the public health, safety and general welfare are promot.c:d by 26 reclassification of the subject property to Light Impact Industrial; and 27 28 WHEREAS, reclassification of the! subject property to Light Impact Industrial 29 will be consistent and compatible with adjacent uses; and 30 31 WHEREAS, changed circumstances including the availability of water and sewer 32 service since the adoption of the prior zoning justify the reclassification to Light. Impact Industrial; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the reclassification is consistent with the goals and policies of the Comprehensive Plan, as amended; and WHEREAS, the requirements of the State Environmental Policy Act (SEPA) and Whatcom County's SEPA ordinance have been complied with; NOW, THEREFORE, BE IT ORDAINED as follows: (1) The rezone request submitted by Trillium to rezone the subject property from "Urban Residential" to "Li.ght Impact Industrial" is hereby approved; and (2) Approval of the aforesaid rezone request shall be in accordance with the provisions of the Concomitant Agreement attached hereto and incorporated herein. (3) The rezone approved by this ordinance shall not become effective until the concomitant agreement referred to in paragraph (2) is executed by all parties and filed. PASSED this 8th day of January , 1987, ATTEST: Carol Ebergson Clerk of the Council APPROVED AS TO FORM: Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, INGTON onaId Hans Chairperson ( APPROVED ( ) VETOED L Shirley Van Z nten County Executive January 9, 1987 Date Published on December 24, 1986 and January 14, 1987 This Ordinance becomes effective on January 19, 1987 WHATCOM COUNTY COUNCIL. , SEP 21 1992 2,11 GRAND ,�vE;,�� ar„ � �"�'`� LINGHAM, WA 9322.i ' Syee- 4-GoU COM COUNTY CONCOMITANT AGREEMENT i COUNCIL THIS IS AN AGREEMENT made and entered into by and between the undersigned 1 owners of a certain parcel of property located in Whatcom County (hereinafter called "Owners ") and Whatcom County, a municipal corporation (hereinafter called t „the County"): WITNESSETH: I. WHEREAS, the undersigned parties designated "Owners" are the owners of that certain parcel of real property (hereinafter called the "subject property ") i located in Whatcom County) which parcel is more fully described in Exhibit A I attached hereto and which parcel. is shown on the map attached hereto as _ f Exhibit B; and II. WHEREAS, Owners have applied for a zoning reclassification of the i subject property from "Urban Residential" (UR) to "Light Impact Industrial" (LII) tt and the Planning Commission, has recommended in favor of such reclassification with conditions; and III. WHEREAS, the County recognizes it is in the best public interest to rezone the site as requested and to adopt the ordinances necessary to do so; and Owners 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, Owners have offered to tender to the County this contract respecting the development of the subject property, the covenants of this contract are intended to constitute a basis for rezoning the property as specified above and are intended to be in effect from the effective date of such rezoning; NOW, THEREFORE, in the 'event 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 Light Impact Industrial and other good and valuable consideration, and for so long as the subject property remains so classified, Owners hereby agree to the following covenants and conditions on behalf of themselves and their successors and assigns: 1. Owners shall have no access to the subject site from Byers Road for light impact industrial uses. 2. Owners shall agree not to protest a County Road Improvement district and Latecomer's Agreement for the upgrading of that portion of Pacific Highway which is necessary in order to provide one "all weather" access for light impact industrial uses from the property to the I -6 freeway.. If this road improvement has not occurred by the time Owners are ready to develop the property for light impact industrial uses, Owners shall pay for upgrading of that portion of Pacific Highway which is necessary in order to provide one "all weather" access for light impact industrial uses from the property to the I -5 freeway. Responsibility for this upgrading shall be limited to the following standards or the then current equivalent of 1986 costs for upgrading to the cited standards. All weather roads must be designed to meet the 1986 requirements for soil stability, traffic volumes and frost design depth in accordance with Washington Department of Transportation Design Manual MS 22 -01 (HR) Section 325 or in accordance with The Asphalt Institute Manual Series No. 17 (MS -17), and approved by the Whatcom County Engineer. �- I 3. Owners shall limit the height of buildings on the subject property to a maximum of 35 feet. Height measurement shall be as specified by the Whatcom County zoning code in effect at the time of this agreement. An exbcuted copy of this agreement shell be submitted to and filed for record by the Whatcom County Auditor within five days of execution. This agreement shall be null and void, and all parties released from all obligations hereunder, if the Rezone Ordinance underlying this agreement is found to be invalid by the final determination of a court of competent jurisdiction. EXRCUTBD by The Trillium Corporation this _„ L day of , 1980? By Its EXECUTED by David R. Syre and Kay R. Syre this �_ day of, 19807 David R. Syre Key E. "Syre,O by D,b id h. Syme her attorney in ct r1 �1 EXECUTED by Whatcom County this day of , 1, pursuant to authority contained in Ordinance Attest: / 1A it 71 Carol gbergeon Clerk of the Counci Approved an to Fora: unty Prosecu WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON Chairperson { /)/ Approved ( ) Vetoed Oe, Shirley Van tanten County Executive Date STATE OF WASHINGTON ) COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that David R. Syre signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated�G`?�aC£_ NOTARY PU LIC in and for State pf Washington, residing at My appointment expires - 9 STATE OF WASHINGTON ) COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that David R. Syre signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the attorney in fact of Kay E. Syre to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated /9 NOTARY P BLIC in and for ae State of Washington, residing at My appointment expires t/ STATE OF WASHINGTON ) COUNTY OF WHATCOM ) This is to certify that on this _ day of 19jE before me, the undersigned, a notary public in and for the Statethf Washingotn, duly commissioned and sworn personally appeared k)b J, r,d �)' 6", to me known to be the / J_�jL.� �%,x f' of The Trillium C rporation, the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and -that the seal affixed is the corporate seal of said corporation. Witness hand and official seal the day and year in thsi certificate first above i;jtteik., -_ NOTARY ,PUBLIC in and for pVe,State Washington, residing at , My appointment expires �- BENEFICIARY'S CONSENT The Federal Land Bank of Spokane, Beneficiary of a Deed of Trust recorded under Whatcom County Auditor's File No. 1329322 (incorporated by this reference), which covers the property described in Exhibit "A" to the Concomitant Agreement between Whatcom County and The Trillium Corporation (unexecuted copy attached and incorporated by this reference), hereby consents to execution of the said Concomitant Agreement by The Trillium Corporation. This agreement shall constitute a covenant running with the land and al 14 bind owners, heirs, successors and assigns Dated this day of AA) � %,fb? �- 1987. and shall be recorded in Whatcom ounty Auditors office. FEDERAL LAND BANK OF SPOKANE By Its (Notary) STATE OF (JjI�NT�✓(,�rp ,i% ) :ss. County of ) On thiG 27th day of January, 1987, before me personally appeared Steven W. Poquette, to me known to be the person described in and who executed the within instrument, and acknoledged that he executed the same as his free act and deed. Notar ublic r the State of Resid ng at -,6 My Commission 'Expires - EXHIBIT A LEGAL DESCRIPTION PARCEL "A ": LOT 2, EXCEPT THE EAST 400 FEET OF THE NORTH 370 FEET; AND LOT 3, EXCEPT THE WEST 300 FEET; ALSO LOTS 6, 7, AND 9, EXCEPT THE SOUTH 200 FEET OF SAID LOT 9; ALSO LOTS 10, 11, 14 AND 15, ALL LYING NORTHEASTERLY OF STATE HIGHWAY, "PLAT OF DOWNIE'S ADDITION TO NORTH BELLINGHAM, WASHINGTON," ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 290 RECORDS OF WHATCOM COUNTY, WASHINGTON, TOGETHER WITH VACATED BELLINGHAM AVENUE AND ALDER STREET ABUTTING SAME EXCEPT RIGHT OF WAY FOR WEST SMITH ROAD OVER AND ACROSS THE NORTH LINE THEREOF AND EXCEPT RIGHT OF WAY FOR BYERS ROAD (NO. 651) OVER AND ACROSS THE FAST AND WEST LINE THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON. PARCEL "B": THE WEST 283 FEET OF' THE FAST 400 FEET OF THE NORTH 370 FEET OF LOT 2 "PLAT OF DOWNIE'S ADDITION TO NORTH BELLINGHAM, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 29, RECORDS OF WHATCOM COUNTY, WA, EXCEPT RIGHT OF WAY FOR WEST SMITH ROAD OVER AND ACROSS THE NORTH LINE THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON. PARCEL "C ": LOT 16 AND THE SOUTH 200 FEET OF LOT 9, TOGETHER WITH THE WEST 300 FEET, EXCLUSIVE OF THE NORTH 370 FEET OF THE WEST 300 FEET, OF LOT 3, PLAT OF DOWNIES ADDITION TO NORTH BELLINGHAM, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 29, RECORDS OF WHATCOM COUNTY, WASHINGTON. EXCEPT RIGHT OF WAY FOR WEST SMITH ROAD ALONG THE NORTH LINE THEREOF AND EXCEPT RIGHT OF WAY FOR BYERS ROAD (NO. 651) ALONG THE EAST LINE AND SOUTH LINE THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON. � . END OF EXHIBIT "A" WHATCOM LAND TITLE COMPANY, INC. 110 GRAND AVENUE, P.O. BOX 518 BELLINGHAM, WASHINGTON 98227 PHONE (208) 878.8484 COUNTY (208) 384.5095 IN fAFFFP h, :ET I l i —L v a co It i 3 -4 I r� �3 r 2 .w. • s r• � J S 'SIX .p SANDE C "RaLICK 8 Q.FS •� .y 1 , yoo' I X11 II 111 , I ' M 11, 1 , 1 1 A 'ID D. s 1' L , �.l I'1 i 14 , i .17Q 01� 1 , I I � 1 i I THIS SKETCH IS FURNISHED FOR INFORMATION PURPOSES ONLY. IT DOES NOT PURPORT TO SHOW ALL HIGHWAYS, ROADS, OR EASEMENTS AFFECTING THIS PROPERTY. NO LIABILITY IS ASSUMED FOR VARIATIONS IN DIMENSIONS AND LOCATIONS. THIS SKETCH IS NOT GUARANTEED AS TO ACCURACY AND THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURR- ING BY REASON OF RELIANCE THEREON. AGENT FOR SAFECO TITLE INSURANCE CO. I' ; 9 _ � I -8 ..G II I li THIS SKETCH IS FURNISHED FOR INFORMATION PURPOSES ONLY. IT DOES NOT PURPORT TO SHOW ALL HIGHWAYS, ROADS, OR EASEMENTS AFFECTING THIS PROPERTY. NO LIABILITY IS ASSUMED FOR VARIATIONS IN DIMENSIONS AND LOCATIONS. THIS SKETCH IS NOT GUARANTEED AS TO ACCURACY AND THE COMPANY ASSUMES NO LIABILITY FOR ANY LOSS OCCURR- ING BY REASON OF RELIANCE THEREON. AGENT FOR SAFECO TITLE INSURANCE CO. EXHIBIT TO ORDINANCE NO. 87 -4 CONCOMITANT AGREEMENT THIS IS AN AGREEMENT made and entered into by and between the undersigned owners of a certain parcel of property located in Whatcom County (hereinafter called "Owners ") and Whatcom County, a municipal corporation (hereinafter called "the County "): WITNESSETH: I. WHEREAS, the undersigned parties designated "Owners" are the owners 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; and II. WHEREAS, Owners have applied for a zoning reclassification of the subject property from "Urban Residential" (UR) to "Light Impact Industrial" (LII) and the Planning Commission has recommended in favor of such reclassification with conditions; and III. WHEREAS, the County recognizes it is in the best public interest to rezone the site as requested and to adopt the ordinances necessary to do so; and Owners 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, Owners have offered to tender to the County this contract respecting the development of the subject property, the covenants of this contract are intended to constitute a basis for rezoning the property as specified above and are intended to be in effect from the effective date of such rezoning; NOW, THEREFORE, in the 'event 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 Light Impact Industrial and other good and valuable consideration, and for so long as the subject property remains so classified, Owners hereby agree to the following covenants and conditions on behalf of themselves and their successors and assigns: 1. Owners shall have no access to the subject site from Byers Road for light impact industrial uses. 2. Owners shall agree not to protest a County Road Improvement district and Latecomer's Agreement for the upgrading of that portion of pacific Highway which is necessary in order to provide one "all weather" access for light impact industrial uses from the property to the I -5 freeway. If this road improvement has not occurred by the time Owners are ready. to develop the property for light impact industrial uses, Owners shall pay for upgrading of that portion of Pacific Highway which is necessary in order to provide one "all weather" access for light impact industrial uses from the property to the I -5 freeway. Responsibility for this upgrading shall be limited to the following standards or the then current equivalent of 1986 costs for upgrading to the cited standards. All weather roads must be designed to meet the 1986 requirements for soil stability, traffic volumes and frost design depth in accordance with Washington Department of Transportation Design Manual MS 22 -01 (HR) Section 325 or in accordance with The Asphalt Institute Manual Series No. 17 (MS -17), and approved by the Whatcom County Engineer. 3. Owners shall limit the height of buildings on the subject property to a maximum of 35 feet. Height measurement shall be as specified by the Whatcom County zoning code in effect at the time of this agreement. An executed copy of this agreement shall be submitted to and filed for record by the.Whatcom County Auditor within five days of execution. This agreement shall be null and void, and all parties released from all obligations hereunder, if the Rezone Ordinance underlying this agreement is found to be invalid by the final determination of a court of competent jurisdiction. EXECUTED by The Trillium Corporation this day of , 1986. By Its EXECUTED by David R. Syre and Kay E. Syre this day of David R. Syre Kay E. Syre, by David R. Syre her attorney in fact EXECUTED by the Federal Land Bank of Spokane this day of By Its I I EXECUTED by Whatcom County this day of , 1986, pursuant to authority contained in Ordinance Attest: Carol Ebergson Clerk of the Council Approved as to Form: County Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON Donald Hansey, Chairperson ( ) Approved ( ) Vetoed Shirley Van Zanten County Executive Date State of Washington County of Whatcom I certify that I know or have satisfactory evidence that David R. Syre signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC in and for the State of Washington residing at My appointment expires State of Washington County of Whatcom I certify that I know or have satisfactory evidence that David R. Syre signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the attorney in fact of Kay E. Syre to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC in and for the State of Washington residing at My appointment expires State of Washington County of Whatcom I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that s /he was authorized to execute the instrument and acknowledged it as the officer of the Federal Home Loan Bank to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC in and for the State of Washington residing at My appointment expires