HomeMy WebLinkAboutord1987-0451
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INTROnUCEn nY: CONSENT
PROPOSED BY: PLANNING
DATE: 7/16/87
ORDINANCE NO. 87 -45
AN ORDINANCE. AMENDING THE URBAN FRINGE SIMARFA Ct"'REHENSIVE
PLAN MAP AND TEXT FROM URBAN RESERVE TO GENERAL. C"ERCIAL
AND AMF.NDiNG THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE
MAP FROM URBAN RESIDENTIAL, 3 DWELLING UNITS PER ACRE TO
GENERAL COMMERCIAL FOR A 5.25 ACRE PARCEL IN THE URBAN
FRINGE SUBAREA
WHEREAS, the Planning Department has receiver) nn -Ipplicat. ion from Otto
Inuma requesting that the Urban Fringe Subarea Cumprr•hrnsive Finn male and text
err :imentimi from l)rbnn Rr•sr'rvr to General Commercial and thin the- Official
fhatr -nm Cnunty Zoning Ordinance Map be amended from Ilrbai Hosidenlial, 3
(welling units per acre to General Commercial for a 5.25 acre parcel in the
lrhan Fringe Subarea ( "the subject property ") which parcel is more fully
lescribed in the legal description attached as Exhibit A of the Cinc•omil -ant
agreement that is attached hereto and incorporated herein by referenl:e; and
W11FRF.AS, pursuant to RCW 36.70.590 legal notice of public heilr•inl; h� Fore•
he Planning Commission was published in the Bellingham herald; and
WILF.RrAS, the Deputy SEPA Administrntur issued n Der•larnt.ion of
lonsignificance based uporr the non — project nature of the application; and
WHEREAS, the Planning Commission has conducted a .public hearing upon [lic
application and recommended approval of the application with conditions; crud
WHEREAS, reclassification of the subject property to General Commercial
,111 be consistent and compatible with adjacent uses; and
WHEREAS, changed circumstances including intensified commerrinl development
n the area since adoption of the Urban Fringe Subarea Comprehensive Plan and
uning justify the reclassification to General Commercial; and
WHEREAS, the public health, safety and general welfare are promoted by
eclassification of the subject property to General Commercial.
NOW, THEREFORE, BE IT ORDAINED as fnllows:
(1) The Comprehensive Plan map and text nmendment request and rezone
request submitted by Otto Houma to rezone the subject properly -from "Urhen
Remid ntlal, 3 clwelling units per acre" to "General Comme•.rcinl" is beff-by
approved; and
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(2) Approval of the aforesaid Comprehensive- Plan amr•nolmr•ol and r•r•7.n119•
request is in accordance with the provisions of the Cune:nmitnnt agrr!rmeni
incorporated herein.
(3) The Comprehensive Plan amendment and rezone upproved by (his nrdirrane:e-
shall not become effective until the- Concomitant Agreement referred to ire
Paragraph (2) above is executed by all parties and filed.
PASSED this -6th day of AUGUST , 1987.
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15 ATTEST:
17 Carol F.bergson -000,
C 1. -rk or the Council
18 APPROVED AS TO FORM:
19 ,f
20 David Cott
21 Civil Dept
22
ing Attorney
WHATCOM COUNTY COMM
WHATCOM COUNTY, WASHINGTON
Tom Burton, - - -- - -
Council Chairman
( ) APPROVED i ) VETOED
R. W. PBobl.S Muenscher
County Exerut 1 ve pro -Tem
Date: 8/7/87
Published _J122/87 and 8/12/87
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24 Orin Ordinance bacumru affective on 8/17/87
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&LfACHMENT TO ,ADIN. E NO. 87 -45
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 "):
WITNESSF.TH:
I. WHEREAS, the undersigned parties designated "Owners" are the owners of
that certain parcel of real property (hereinafter called the "subject property ")
Iocated 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 Comprehensive Plan Map amendment.
from Urban Reserve, Low Density to General Commercial; an amendment to the Urban
Fringe Subarea. Comprehensive Plan text to specify that the General Commercial
designation be applied to the subject property; and a zone map amendment from
Urban Residential, three dwelling units per acre to General Commercial and the
Planning Commission has recommended in favor of said amendments with conditions;
and
III. 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 General Commercial 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. The following specific conditions are intended- to supplement the
general developmental and landscape conditions contained in the General
Commercial zone, WCC 20.62 and in the Supplementary Requirements, WCC
20.80. Where in conflict, these conditions and restrictions shall
control.
2. Owners agree to restrict commercial uses that apply to the subject
property to the following uses:
Permitted Uses
(a) Eating and drinking establishments.
(b) Indoor caamiercial recreation facilities limited to bowling alleys,
skating rinks, indoor theaters and physical Yii.ness fatalities.
(c) Service establishments including but not limited to barber and
beauty shops, laundries, dry cleaners, furniture repair, frozen
food lockers, financial institutions, fraternal organizations and
professional offices.
(d) Retail establishments including but not limited to grocery,
liquor, drugs, sundries, variety, building supplies, clothing,
florist, nurseries, optical, sporting goods, appliance and music
stores.
(e) Printing and publishing establishments
(f) Public Facilities and utilities
Conditional Uses
(a) Commercial wholesaling _
(b) Churches
Prohibited Uses
(a) Funeral parlors
(b) Animal hospitals
(e) Auction houses
(d) Pet stores
;e) Automobile, marine, farm implement sales and service; including
all repair services conducted within an enclosed building
• (f) Automobile service stations, car washes and public garages
(g) Mobile home sales
(h) Rental agencies
(i) Passenger terminal facilities
• (j) All other uses
3. Owners agree that in addition to the standard development restrictions
and performance standards outlined in the General Commercial zone, WCC
20.62, and in the Supplementary Requirements, WCC 20.60, the following
developmental and landscape conditions shall apply to the development
of the subject property:
(a) Setbacks. No structure shall be built within 75 feet of the west
line of the Deemer Road right -of -way or north line of the
Telegraph Road right -of -way. Except for the berm, landscaping and
access road, no development shall take place within 35 feet of the
north line of the Telegraph Road right -of -way and the west line of
the Deemer Road right -of -way. In addition, only a service road
will be allowed within the 40 feet between the structures and the
buffer.
(b) Berm. There shall be constructed a buffer which shall be at least
30 feet in width and shall have a berm of at least 10 feet in
height above the driveway on the property currently owned by
Dorothy and George Oliveira (measured at the existing mailbox) or
finished grade of the subject property, whichever is greater. The
berm shall be parallel to Deemer Road and shall be constructed as
close to the road as is practical. The berm shall run from the
north property line along Deemer Road and shall be extended to the
south as far as is practical. From it southernmost point, the
berm shall then be constructed parallel to Telegraph Road and as
near to the Telegraph Road right -of -way as is practical to a point
75 feet west of the west line -of the Deemer Road right -of -way. The
buffer would be developed and the berm installed before nny
structure is occupied.
(c) Landscaping. The berm shall be landscaped consistent with the
_ standards set forth in Whatcom County Code 20.80.600 Find in
addition shall be planted with pine trees, each at least 10 feet
tall, planted in a double row at the highest point on the berm.
The trees shall be located no more than 10 feet apart and shall be
staggered and offset so as to make an effective visual screen.
Development of the property shall take into consideration existing
evergreen trees in where practical such trees will be retained.
(d) Access. The subject property shall have no access, for the
purpose of ingress and egress, to either Deemer or Telegraph Road
except for one access point to be located within the westerly 60
feet of the subject property, which access shall be to Telegraph
Road.
.(e) Lighting. All exterior lighting shall be designed to direct light
toward the interior of the subject property and shall be a
nonglare type of lighting.
(f) Road closure. The owner of the subject property, his successors,
assigns or tenants shall not object to a future closure of
Telegraph Road east of the Telegraph Road access to the subject
property as described in paragraph (d) above.
(g) ULID's. The owner of the subject property shall not make
application for an LID that would include within its boundaries
any properties east of Deemer Road or south of Telegraph Road.
(h) Height limit. The maximum height of structures located on the
subject property shall be 35 feet.
4. Restrictive Covenant. To insure that the terms and conditions set
.forth in this document are binding upon future owners, an agreement
which shall be concomitant with the rezone requested shall be entered
into between the county and the developer. Said agreement shall became
a restrictive covenant running with the land; shall be binding upon
Owners, their heirs, successors and assigns; shall be recorded at
Owners' expense in the Whatcom County Auditor's office; and may be
enforced civilly by the County or by owners of prcperty within 300 feet
of the subject property.
5. Amendments or modifications. Any_ _amendments: or modifications of this
agreement shall be valid only if agreed upon by the Whatcom County
.Council following a public hearing and after being reduced to writing
and recorded in-the Whatcom County Auditor's office.
6. Police Powers. Nothing contained in this agreement shall be construed
to restrict the authority of the County to exercise its police powers
nor to prevent the County from initiating a zoning change in accordance
with applicable ordinances and regulations.
7.. Basis for compromise. The owners of residential property located t.o
the east and south of the subject property believe that a properly
conditioned and developed commercial zone is a more appropriate buffer
than dense residential development.
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An executed copy of this agreement shall be submitted to and filed fcir
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 Otto E. Bouma
EXECUTED by Nellie M. Bouma
this day of
Otto E. Bouma
, 1987.
this day of , 1987.
Nellie M. Bouma
EXECUTED by Whatcom County this 6th day of AUGUST
pursuant to authority contained in Ordinance NO. 87 -45 :
Attest:
Carol Ebergson
Clerk of the Council
Approved as to form:
D av--e'l Cottinghpb
Deputy Prose u ing Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
Tom Burton, Chairperson
, 1987,
( ) Approved ( ) Vetoed
Shirley Van Zanten
County Executive
• Date
State of Washington
County of Whatcom
I certify that I know or have satisfactory evidence that Otto E. Bouma signed
this instrument and acknowledged it to he 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
Appointment expires
State of Washington
Couni.y of Wliatcom
I certify that i know or have satisfactory evidence that Nellie M. Bouma signed
this instrument and acknowledged it to he his free and voluntary act for the uses
find purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC in and for the State or
Washington residing at
Appointment expires
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INTRODUCED BY: CONSENT
PROPOSED BY: PLANNING
DATE: 7/16/87
1
2 ORDINANCE NO. 87 -45
AN ORDINANCE AMENDING THE URBAN FRINGE SiMARF.A fti?41REHFNS7VE
3 PLAN MAP AND TEXT FROM URBAN RESERVE TO GENERAL. COMMERCIAi.
AND AMENDiNG THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE
4 MAP FROM URBAN RESIDENTIAL, 3 DWELLING UNITS PER ACRE TO
GENERAL COMMERCIAL. FOR A 5.25 ACRE. PARCEL IN THE URBAN
5 FRINGE SUBAREA
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WHEREAS, the Planning Department has received nn application from Otlo
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Bouma requesting that the Urban Fringe Subarea Comprelrerrs i ve f lnn main Ind f r.ct
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he ;emended from Tfrbou Rest -rvr to General Commercial and t hni i hr• Of ri c i a l
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Whatcom County Zoning Ordinance Map be amended from Ilrban Residenlial, 3
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duelling units per acre to General Commercial for a 5.25 acre parr•el in the
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12 Urhan Fringe Subarea ( "the subject property ") which parcel is more fully
described in the legal description attached as Exhibit A of Ili: Conc•nmit.Ant
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3)+, Agreement that is attached hereto and incorporated herein by refer•r_nr.e; and
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C� o wmy°'q WIIFREAS, pursuant to RCW 36.70.590 legal uufAce of public he•ar•iog l"•fnre
.� — 6 "D 15
o' 4'=�, the Planning Commission was published in the Bellingham Herald; and
In
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ft _ 0 0 C WHEREAS, the Deputy SEPA Administrator issuerl a nr•r•laration of
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6 Nonsignificance based upon the non - project nature of the nppliention; and
✓„° 0 WHEREAS, the Planning Commission has conducted it public hearing upon the
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® � ' application and recommended approval of the application with r_otalit:ions; ; +trd
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aC .ay WHEREAS, reclassification of the subject property to General Commercial
so 21
will be consistent and compatible with adjacent uses; and
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. WHEREAS, WHEREAS, changed circumstances including intensified commercinl dr.velopment
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In the area since adoption of the Urban Fringe Subarea Comprehensive Plan and
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uning justify the reelnesification to General Commercial; and
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WHEREAS, the public health, safety and general welfare are promoted by
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reclassification of the subject property to General Commercial.
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NOW, THEREFORE., BE IT ORDAINED as follows:
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�}y ¢ * %-u v (1) The Comprehensive Plan map and text nmendment request and rezone
,,�� ,• .�+� N A rr .�„ request submitted by .Otto Bouma to rezone the subject property from "Urban
'•aa "' #; Realclential, 3 clwelling units per acre" to "General Commerciul" is hereby
approved; and
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WHATCOM 11.1! NT`i'
'BELLING '11 WA
1 il1 1F/24`'91 2
• yap
REQUEST � lF : W 1_: l_ OUN
= �f7ir1ey For_lof, AUDITOR
L BY: MRTi DEPUTY
Mo ORD
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(2) Approvnl of the- aforesnid Comprehensivv t'tan amr•ndmrnt and r•rrnor-
request is in accordance with the provisions of the Concomitant agreen,enl
incorpornted herein.
(3) The Comprehensive Plan amendment and rezone approved by this ordinaoce
shall not beeomo effective until the Concomitant Agreement referred to ill
paragraph (2) above is executed l,y all parties and filed.
PASSED this 6th day of AUGUST , 1987.
ATTEST:
Carol Ebergson
Clark of the Council
APPROVED AS TO FORM:
David Cottifi ,
Civil Dep rosecuting Attorney
WHATCOM COUNTY MUNCH.
WHATCO�M COUNTY, WASHINGTON
Tom Burton,
Council Chairman
( ) APPROVED i VETOFD
R. W. PBob>S Muenscher
County Executive pro -Tern
Date: 8/7/87 _
Published _1C22/87 and 8/12/87
This Ordinance becomr•w effective on 8/17/87
Vol; _:
File No: _D 1 10--
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(2) Approvnl of the- aforesnid Comprehensivv t'tan amr•ndmrnt and r•rrnor-
request is in accordance with the provisions of the Concomitant agreen,enl
incorpornted herein.
(3) The Comprehensive Plan amendment and rezone approved by this ordinaoce
shall not beeomo effective until the Concomitant Agreement referred to ill
paragraph (2) above is executed l,y all parties and filed.
PASSED this 6th day of AUGUST , 1987.
ATTEST:
Carol Ebergson
Clark of the Council
APPROVED AS TO FORM:
David Cottifi ,
Civil Dep rosecuting Attorney
WHATCOM COUNTY MUNCH.
WHATCO�M COUNTY, WASHINGTON
Tom Burton,
Council Chairman
( ) APPROVED i VETOFD
R. W. PBob>S Muenscher
County Executive pro -Tern
Date: 8/7/87 _
Published _1C22/87 and 8/12/87
This Ordinance becomr•w effective on 8/17/87
Vol; _:
File No: _D 1 10--
=;:1r
t 4_i 10
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(2) Approvnl of the- aforesnid Comprehensivv t'tan amr•ndmrnt and r•rrnor-
request is in accordance with the provisions of the Concomitant agreen,enl
incorpornted herein.
(3) The Comprehensive Plan amendment and rezone approved by this ordinaoce
shall not beeomo effective until the Concomitant Agreement referred to ill
paragraph (2) above is executed l,y all parties and filed.
PASSED this 6th day of AUGUST , 1987.
ATTEST:
Carol Ebergson
Clark of the Council
APPROVED AS TO FORM:
David Cottifi ,
Civil Dep rosecuting Attorney
WHATCOM COUNTY MUNCH.
WHATCO�M COUNTY, WASHINGTON
Tom Burton,
Council Chairman
( ) APPROVED i VETOFD
R. W. PBob>S Muenscher
County Executive pro -Tern
Date: 8/7/87 _
Published _1C22/87 and 8/12/87
This Ordinance becomr•w effective on 8/17/87
Vol; _:
File No: _D 1 10--
=;:1r
t 4_i 10
ATTACHMENT TG _jRDIN1 NO. 87 -45
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 Comprehensive Plan Map amendment
from Urban Reserve, Low Density to General Commercial; an amendment to the Urban
Fringe Subarea Comprehensive Plan text to specify that the General Commercial
designation be applied to the subject property; and a zone map amendment from
Urban Residential, three dwelling units per acre to General Commercial and the
Planning Commission has recommended in favor of said amendments with conditions;
and
III. 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 General Commercial 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:
File No: _= �11C1:2.4 0 10
1. The following specific conditions are intended to supplement the
general developmental and landscape conditions contained in the General
Commercial zone, WCC 20.62 and in the Supplementary Requirements, WCC
20.80. Where -in conflict, these conditions and restrictions shall
control.
2. Owners agree to restrict commercial uses that apply to the subject
property to the following uses:
Permitted Uses
(a) Eating and drinking establishments.
(b) Indoor commercial recreation facilities limited to bowling alleys, .
skating rinks, indoor theaters and physical fitness facilities.
(c) Service establishments including but not limited to barber and
beauty shops, laundries, dry cleaners, furniture repair, frozen
food lockers, financial institutions, fraternal organizations and
professional offices.
(d) Retail establishments including but not limited to grocery,
liquor, drugs, sundries, variety, building supplies, clothing,,
florist, nurseries, optical, sporting goods, appliance and music
stores.
(e)
Printing and publishing establishments
(f)
Public Facilities and utilities
Conditional Uses
(a)
Commercial wholesaling
(b)
Churches
Prohibited Uses
(a)
Funeral parlors
(b)
Animal hospitals
(c)
Auction houses
(d)
Pet stores
(e)
Automobile, marine, farm implement sales and service; including
all repair services conducted within an
enclosed building
(f)
Automobile service stations, car washes
and public garages
(g)
Mobile home sales
(h)
Rental agencies
(i)
Passenger terminal facilities
All other uses
`2 8
File No: D 1 1024010
3. Owners agree that in addition to the standard development restrictions
and performance standards outlined in the General Commercial zone, WCC
20.62, and in the Supplementary Requirements, WCC 20.80, the following
developmental and landscape conditions shall apply to the development
of the subject property:
(a) Setbacks. No structure shall be built within 75 feet of the west
line of the Deemer Road right -of -way or north line of the
Telegraph Road right -of -way. Except for the berm, landscaping and
access road, no development shall take place within 35 feet of the
north line of the Telegraph Road right -of -way and the west line of
the Deemer Road right -of -way. In addition, only a service road
will be allowed within the 40 feet between the structures and the
buffer.
(b) Berm. There shall be constructed a buffer which shall be at least
30 feet in width and shall have a berm of at least 10 feet in
height above the driveway on the property currently owned by
Dorothy and George Oliveira (measured at the existing mailbox) or
finished grade of the subject property, whichever is greater. The
berm shall be parallel to Deemer Road and shall be constructed as
close to the road as is practical. The berm shall run from the
north property line along Deemer Road and shall be extended to the
south as far as is practical. From it southernmost point, the
berm shall then be constructed parallel to Telegraph Road and as
near to the Telegraph Road right -of -way as is practical-to a point
75 feet west of the west line of the Deemer Road right -of -way. The
buffer would be developed and the berm installed before any
structure is occupied.
(c) Landscaping. The berm shall be landscaped consistent with the
standards set forth in Whatcom County Code 20.80.600 and in
addition shall be planted with pine trees, each at least 10 feet
tall, planted in a double row at the highest point on the berm.
The trees shall be located no more than 10 feet apart and shall be
staggered and offset so as to make an effective visual screen.
Development of the property shall take into consideration existing
evergreen trees in where practical such trees will be retained.
(d) Access. The subject property shall have no access, for the
purpose of ingress and egress, to either Deemer or Telegraph Road
except for one access point to be located within the westerly 60
Vol : 2 18* Page: 13:39
Fi le No: -9 1 1024011:) .
feet of the subject property, which access shall be to Telegraph
Road.
(e) Lighting. All exterior lighting shall be designed to direct light
toward the interior of the subject property and shall be a
nonglare type of lighting.
(f) Road closure. The owner of the subject property, his successors,
assigns or tenants shall not object to a future closure of
Telegraph Road east of the Telegraph Road access to the subject
property as described in paragraph (d) above.
(g) ULID's. The owner of the subject property shall not make
application for an LID that would include within its boundaries
any properties east of Deemer Road or south of Telegraph Road.
(h) Height limit. The maximum height of structures located on the
subject property shall be 35 feet.
4. Restrictive Covenant. To insure that the terms and conditions set
forth in this document are binding upon future owners, an agreement
which shall be concomitant with the rezone requested shall be entered
into between the county and the developer. Said agreement shall become
a restrictive covenant running with the land; shall be binding upon
Owners, their heirs, successors and assigns; shall be recorded at
Owners' expense in the Whatcom County Auditor's office; and may be
enforced civilly by the County or by owners of property within 300 feet
of the subject property.
b. Amendments or modifications. Any amendments or modifications of this
agreement shall be valid only if agreed upon by the Whatcom County
Council following a public hearing and after being reduced to writing
and recorded in the Whatcom County Auditor's office.
6. Police Powers. Nothing contained in this agreement shall be construed
to restrict the authority of the County to exercise its police powers
nor to prevent the County from initiating a zoning change in accordance
with applicable ordinances and regulations.
7. Basis for compromise. The owners of residential property located to
the east and south of the subject property believe that a properly
conditioned and developed commercial zone is a more appropriate buffer
than dense residential development.
File No: —91 1024010
An executed copy of this agreement shall be submitted to and filled 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 Otto E. Bouma
EXECUTED by Nellie M. Bouma
M
ay o
e
onto t.ybouma
this day of
Nellie M. Bouma %?C), A _-
EXECUTED by Whatcom County this 7day of 1991pursuant to
authority contained in Ordinance No. 87 -45:
ATTfiTC 0 !
- J
x,
E'lem Of*
,he X' 0
unc i 1
* P�o% ..as ofform:
ON
^�.
4� 1 •� ,n �` . A
Deputy Prosecut-itLg Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
0-4AaaLA
Dan Warner, Chairperson
(' Approved ( ) Vetoed
Au. V6",
,
Shirley Van Zante
County Executive
Date
Vol: 1:=: Page: 1'41
File No: _� 1 10—'4010
State of Washington
County of Whatcom
I certify that I know or have satisfactory evidence that Otto E. Bouma signed
this instrument and acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in the instrument.
11.RYA''�'
State of Washington
NOTARY PUBLIC In and for the State of
Washington residing at �_1 QI, - -/- A",
Appointment expires S /fig J 9 r
County of Whatcom
I certify that I know or have satisfactory evidence that Nellie M. Bouma signed
this instrument and acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated:
rrA'-
•
40
:, � ao � #cam T,�,�p � •�• .. '-
S: jJ11:1-
NOTARY PUBLIP in and for the State of
Washington residing at 1,32effv�X?h"
Appointment expires `ui/ q 9-- -v"
Vol: 18 Page: 1342
Fi le N o: 9 1 10240 10
EXHIBIT A
LEGAL DESCRIPTION
A tract of land situated in the Southeast quarter of the Northwest .quarter of
Section 18, Township 38 North, Range 3 East of the W. M. more particularly
described as follows: Beginning at the Northwest corner of the said Southeast
quarter of the Northwest quarter of said Section 18, running thence due East
along the North line of said Southeast quarter of the Northwest quarter of said
Section 18 a distance of 477.6 feet; thence due South to the North line of the
County Road known as Old Telegraph Road; thence along the North side of said
County Road in a Westerly direction to a West line of said Southeast quarter of
the Northwest quarter, thence due North along the West line of said Southeast
quarter of the Northwest quarter to the place of beginning. EXCEPT Deemer Road,
County Road No. 503, EXCEPT portion deeded to Whatcom County for road purposes by
Quit Claim Deed recorded November 21, 1986, under Auditor's File No. 940081, and
EXCEPT Old Telegraph Road, County Road No. 63. All situate in the County of
Whatcom, State of Washington. SUBJECT TO reservation of mineral rights recorded
under Auditor's File No. 727060 and Easement recorded under Auditor's File No.
1020600 dated July 14, 19
File No: 91 10'-4010
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FRONTAGE S[RVKE R9A0
STEVEN P. ADELSTEIN
PHILIP E. SHARPE, JR.
PHILIP A. SERKA
WILLIAM H. JOHNSON
October 15, 1991
LAW OFFICES OF
ADELSTEIN, SHARPE & SERKA
400 NORTH COMMERCIAL STREET
P. O. BOX 5158
BELLINGHAM, WASHINGTON 98227 -5158
Ms. Pam Orloff
Whatcom County Council
1000 N. Forest Street
Bellingham, WA 98225
Re: Bouma Contract Rezone
Dear Pam:
TELEPHONE
(206) 671 -6565
COUNTY TELEPHONE
3S4 -4782
FAX: (206) 647 -8148
Enclosed is a copy of the map in my file which shows the rezoned parcel. This map could
be used as Exhibit 'B ". Please send me a copy of the contract when it is fully signed.
Thank you for your assistance in this matter.
Very -xrul- ours,
Phi ip A: Serk
jb
Enclosure
cc: Otto Bouma
c:2 /letters /orloff
& ay -cam w /
6644-. 19
r
LAW OFFICES OF
ADELSTEIN, SHARPE & SERRA
STEVEN P. ADELSTEIN
PHILIP E. SHARPE, JR. 400 NORTH COMMERCIAL STREET
PHILIP A. SERKA P. 0. BOX 5158
WILLIAM H. JOHNSON
$ELLINGHAM, WASHINGTON 98227 -5158
-
September 17, 1991
Mr. Randy Watts
Deputy Prosecutor
311 Grand Avenue
Bellingham, WA 98225
Re: Bouma Contract Rezone
Dear Randy:
DAVID S. ;ti4C CACHRAN
Prosecuii„ g, At¢crnay
SEPiS1991
TELEPHONE
(206) 671 -6565
COUNTY TELEPHONE
354 -4782
FAX: (206) 647 -8148
Bh tcom County
Sham, Wash. 3 5 p I-A
?�NTE
: >, iRLE`I J���i
G;f^rlJ T !I
On August 8, 1987, the County Council adopted Rezone Ordinance No. 87 -45 which is
enclosed herein. It does not become effective until the Concomitant Agreement is signed.
I have enclosed the original Concomitant Agreement signed by my clients. This agreement
was prepared by the county and forwarded to my clients for signing in 1987, but was
misplaced.
I have advised my clients to complete this transaction so that the rezone can go into effect.
Please note that there was no deadline imposed on my clients for signing the contract.
I would appreciate if you would sign and circulate the agreement to the various agencies
for signature.
Thank you for your cooperation and assistance in this matter.
Vt ours,
t 1
'lip A. Ser
jb
Enclosures
cc: Otto Bouma
c:2 /letters /watts
LAW OFFICES OF
ADELSTEIN, SHARPIE & SERKA
STEVEN P. ADELSTEIN
PHILIP E. SHARPE, JR. 400 NORTH COMMERCIAL STREET
PHILIP A. SERKA P. 0. BOX SI58
WILLIAM H. JOHNSON BELLINGHAM. WASHINGTON 98227 -5158
September 17, 1991
Mr. Randy Watts
Deputy Prosecutor
311 Grand Avenue
Bellingham, WA 98225
Re: Bouma Contract Rezone
Dear Randy:
D' L`ID S. Isdo EACHBAN
+ oseciili)iA, Altorlrey
TELEPHONE
(206) 671 -6565
COUNTY TELEPHONE
354 -4782
FAX: (206) 647 -8148
S`�'10 1991
V'rhatcom Coun
Bellingham, Was :,,•:[- ' ��35 �+
On August 8, 1987, the County Council adopted Rezone Ordinance No. 87 -45 which is
enclosed herein. It does not become effective until the Concomitant Agreement is signed.
I have enclosed the original Concomitant Agreement signed by my clients. This agreement
was prepared by the county and forwarded to my clients for signing in 1987, but was
misplaced.
I have advised my clients to complete this transaction so that the rezone can go into effect.
Please note that there was no deadline imposed on my clients for signing the contract.
I would appreciate if you would sign and circulate the agreement to the various agencies
for signature.
Thank you for your cooperation and assistance in this matter.
Vn ours,
ilip A. Ser
jb
Enclosures
cc: Otto Bouma
c2 /letters /watts
INTRODUCED BY: CONSENT
PROPOSED BY: PLANNING
DATE: 7/16/87
1
ORDINANCE NO. 87 -45
2
AN ORDINANCE AMENDING THE URBAN FRINGE, SUBAREA COMPREHENSIVE
3 PLAN MAP AND TEXT FROM URBAN RESERVE TO GENERAL COMMERCIAI.
AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE
4 MAP FROM URBAN RESIDENTIAL, 3 DWELLING UNITS PER ACRE TO
GENERAL. COMMERCIAL FOR A 5.25 ACRE PARCEL IN THE URBAN
5 FRINGE SUBAREA
6
WHEREAS, the Planning Department has received an application from Otto-
7
Bouma requesting that the Urban Fringe Subarea Comprehensive Plan map and text
8
be amended from Urban Reserve to General Commercial and that the Official
9
Whatcom County Zoning Ordinance Map be amended from Urban Residential, 3
10
dwelling units per acre to General Commercial for a 5.25 acre parcel in the
11
Urban Fringe Subarea ( "the subject property ") which parcel is more fully
12
described in the legal description attached as Exhibit A of the Concom.it.ant.
13
Agreement that is attached hereto and incorporated herein by reference; and
14
WHEREAS, pursuant to RCW 36.70.590 legal notice of public hearing before
15
the Planning Commission was published in the Bellingham Herald; and
16
WHEREAS, the Deputy SEPA Administrator issued a Declaration of
17
Nonsignificance based upon the non- project nature of the application; and
18
WHEREAS, the Planning Commission has conducted a public: hearing upon the
19
application and recommended approval of the application with conditions; and
20
WHEREAS, reclassification of the subject property to General Commercial
21
ill be consistent and compatible with adjacent uses; and
22
WHEREAS, changed circumstances including intensified commercial development
23
in the area since adoption of the Urban Fringe Subarea Comprehensive Plan and
24
oning justify the reclassification to General Commercial; and
25
WHEREAS, the public health, safety and general welfare are promoted by
26
reclassification of the subject property to General Commercial.
27
28
NOW, THEREFORE, BE IT ORDAINED as follows:
29
30
(1) The Comprehensive Plan map and text amendment request and rezone
31
request submitted by Otto Bouma to rezone the subject property from "Urban
32
Residential, 3 dwelling units per acre" to "General Commercial" is hes-eby
approved; 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
(2) Approval. of the aforesaid Comprehens.ivo I'lon amendment. and rrrr.nne
request is in accordance with the provisions of the Cuncomitant agreement
incorporated herein..
(3) The Comprehensive Plan amendment and rezone approved by this ordinance:
shall not- becothL effective until the Concomitant Agreement referred to in
paragraph (2) above is executed by all parties and filed.
PASSED this 6th day of AUGUST , 1987.
ATTEST:
Carol Ebergson
Clerk of the Council
APPROVED AS TO FORM:
David Cott g ,
Civil Dep rosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCO�M COUNTY, WASHINGTON
Tom Burton, -- - - - -- - -- - - - - --
Council Chairman
( ))
APPROVED (" ) VETOED
R. W. VBoM Muenscher
County Executive pro —Tem
Date: 8/7/87
jPublished 7/22/87 and 8/12/87
ITh.is Ordinance becomes effective on 8/17/87 _ _ _
ATTACHMENT TO ORDINANCE NO. 87 -45
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 CoxInty, 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 Comprehensive Plan Map amendment
from Urban Reserve, Low Density to General Commercial; an amendment to the Urban
Fringe Subarea Comprehensive Plan text to specify that the General Commercial
designation be applied to the subject property; and a zone map amendment from
Urban Residential, three dwelling units per acre to General Commercial and the
Planning Commission has recommended in favor of said amendments with conditions;
and
IIl. 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 General Commercial. 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:
I. The following specific conditions are intended to supplement the
general developmental and landscape conditions contained in the General
Commercial zone, WCC 20.62 and in the Supplementary Requirements, WCC
20.80. Where in conflict, these conditions and restrictions shall
control.
2. Owners agree to restrict commercial uses that apply to the subject
property to the following uses:
Permitted Uses
(a) Eating and drinking establishments.
(b) Indoor commercial recreation facilities limited to bowling alleys,
skating rinks, indoor theaters and physical fitness facilities.
(c) Service establishments including but not limited to barber and
beauty shops, laundries, dry cleaners, furniture repair, frozen
food lockers, financial institutions, fraternal organizations and
professional offices.
(d) Retail establishments including but not limited to grocery,
liquor, drugs, sundries, variety, building supplies, clothing,
florist, nurseries, optical, sporting goods, appliance and music
stores.
(e) Printing and publishing establishments
(f) Public Facilities and utilities
Conditional Uses
(a) Commercial wholesaling
(b) Churches
Prohibited Uses
(a) Funeral parlors
(b) Animal hospitals
(c) Auction houses
(d) Pet stores
(e) Automobile, marine, farm implement sales and service; including
all repair services conducted within an enclosed building
(f) Automobile service stations, car washes and public garages
(g) Mobile home sales
(h) Rental agencies
(i) Passenger terminal facilities
(j) All other uses
v
3. Owners agree that in addition to the standard development restrictions
and performance standards outlined in the General Commercial zone, WCC
20.62, and in the Supplementary Requirements, WCC 20.80, the following
developmental and landscape conditions shall apply to the development
of the subject property:
(a) Setbacks. No structure shall be built within 75 feet of the west
line of the Deemer Road right -of -way or north line of the
Telegraph Road right -of -way. Except for the berm, landscaping and
access road, no development shall take place within 35 feet of the
north line of the Telegraph Road right -of -way and the west line of
the Deemer Road right -of -way. In addition, only a service.road
will be allowed within the 40 feet between the structures and the
buffer.
(b) Berm. There shall be constructed a buffer which shall be at least
30 feet in width and shall have a berm of at least 10 feet in
height above the driveway on the property currently owned by
Dorothy and George Oliveira (measured at the existing mailbox) or
finished grade of the subject property, whichever is greater. The
berm shall be parallel to Deemer,Road and shall be constructed as
close to the road as is practical. The berm shall run from the
north property line along Deemer Road and shall be extended to the
south as far as is practical. From it southernmost point., the
berm shall then be constructed parallel to Telegraph Road and as
near to the Telegraph Road right -of -way as is practical to a point
75 feet west of the west line of the Deemer Road right -of -way. The
buffer would be developed and the berm installed before any
structure is occupied.
(c) Landscaping. The berm shall be landscaped consistent with the
standards set forth in Whatcom County Code 20.80.600. and in
addition shall be planted with pine trees, each at least 10 Feet
tall, planted in a double row at the highest point on the berm.
The trees shall be located no more than 10 feet apart and shall be
staggered and offset so as to make an effective visual screen.
Development of the property shall take into consideration existing
evergreen trees in where practical such trees will be retained.
(d) Access. The subject property shall have no access, for the
purpose of ingress and egress, to either Deemer or Telegraph Road
except for one access point to.be located within the westerly 60
feet of the subject property, which access shall be to Telegraph
Road.
(e) Lighting. All exterior lighting shall be designed to direct light
toward the interior of the subject property and shall be a
nonglare type of lighting.
(f) Road closure. The owner of the subject property, his successors,
assigns or tenants shall not object to a future closure of
Telegraph Road east of the Telegraph Road access to the subject
property as described in paragraph (d) above.
(g) ULID's. The owner of the subject property shall not make
application for an LID that would include within its boundaries
any properties east of Deemer Road or south of Telegraph Road.
(h) Height limit. The maximum height of structures located on the
subject property shall be 35 feet.
4. Restrictive Covenant. To insure that the terms and conditions set
forth in this document are binding upon future owners, an agreement
which shall be concomitant with the rezone requested shall be entered
into between the county and the developer. Said agreement shall become
a restrictive covenant running with the land; shall be binding upon
Owners, their heirs, successors and assigns; shall be recorded at
Owners' expense in the Whatcom County Auditor's office; and may be
enforced civilly by the County or by owners of property within 300 feet
of the subject property.
5. Amendments or modifications. Any amendments or modifications of this
agreement shall be valid only if agreed upon by the Whatcom County
Council following a public hearing and after being reduced to writing
and recorded in the Whatcom County Auditor's office.
6. Police Powers. Nothing contained in this agreement shall be construed
to restrict the authority of the County to exercise its police powers
nor to prevent the County from initiating a zoning change in accordance
with applicable ordinances and regulations.
7. Basis for compromise. The owners of residential property located to
the east and south of the subject property believe that a properly
conditioned and developed commercial zone is a more appropriate buffer
than dense residential development.
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 Otto E. Bouma
EXECUTED by Nellie.M. Bouma
this day of 1987.
Otto E. Bouma
this day of 1987.
Nellie M. Bouma
EXECUTED by Whatcom County this 6th day of AUGUST
pursuant to authority contained in Ordinance NO. 87-45 :
Attest:
Carol Ebergson
Clerk of the Council
Approved as to form:
D a v�J Cottingh#m
Deputy Prose u ing Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
Tom Burton, Chairperson
, 1987,
( ) Approved ( ) Vetoed
Shirley Van Zanten
County Executive
Date
State of Washington
County of Whatcom
I certify that I know or have satisfactory
this instrument and acknowledged it to be his
and purposes mentioned in the instrument.
Dated:
State of Washington
County of Whatcom
evidence that Otto E. Bouma signed
free and voluntary act for the uses
NOTARY PUBLIC in and for
Washington residing at _
Appointment expires
the State of
I certify that I know or have satisfactory evidence that Nellie M. Bouma 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
Appointment expires
EXHIBIT A
LEGAL DESCRIPTION
A tract of land situated in the Southeast quarter of the Northwest quarter- of
Section 18, Township 38 North, Range 3 East of the W. M. more particularly
described as follows: Beginning at the Northwest corner of the said Southeast:
quarter of the Northwest quarter of said Section 18, running thence due East
along the North line of said Southeast quarter of the Northwest quarter of said
Section 18 a distance of 477.6 feet; thence due South to the North line of the
County Road known as Old Telegraph Road; thence along the North side of said
County Road in a Westerly direction to a West line of said Southeast quarter of
the Northwest quarter, thence due North- along the West line of said Southeast
quarter of the Northwest quarter to the place of beginning. EXCEPT Deemer Road,
County Road No. 503, EXCEPT portion deeded to Whatcom County for road purposes by
Quit Claim Deed recorded November 21, 1986, under Auditor's File No. 940081, and
EXCEPT Old Telegraph Road, County Road No. 63. All situate in the County of
Whatcom, State of Washington. SUBJECT TO reservation of mineral rights recorded
under Auditor's File No. 727060 and Easement recorded under Auditor's File No.
1020600 dated July 14, 19_