HomeMy WebLinkAboutord1987-0711
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INTRODUCED BY:
PROPOSED BY:
DATE:
ORDINANCE NO. 87-71
Consent
Planning 1
October 1. 1987
AN ORDINANCE AMENDING THE 1979 POINT ROBERTS SUBAREA
COMPREHENSIVE PLAN MAP AND TEXT FOR TWO PARCELS TOTALING
APPROXIMATELY 4.72 ACRES LOCATED ON MARINE DRIVE, NORTH OF
LIGHTHOUSE PARK FROM RESIDENTIAL, LOW DENSITY TO RESORT
COMMERCIAL.
WHEREAS, the Planning Department has received an application from th
owners requesting that the Point Roberts Subarea Comprehensive Plan Map It
amended from Residential, Low Density to Resort Commercial for two parcel
totaling approximately 4.72 acres on the west side of marine Drive, north o
Lighthouse Park; that the Point Roberts Comprehensive Plan text be amended t
specify the subject location for resort commercial uses including taverns an
dancehalls; and to specify a maximum density of fifteen (15) units per gros
buildable arse for the subject area; and
WHEREAS, the statutory requirements for SEPA review and public notice
been satisfied; and
WHEREAS, the Planning Commission has conducted a public hearing upon th
application and formulated Findings of Fact and Reasons for Action and a Motio
recommending approval of the proposed amendments as presented in the Plannin.
Department Staff Report, Exhibit "1 ".
NOW, THEREFORE, BE IT ORDAINED THAT:
The Point Roberts Subarea Comprehensive Plan Map shall be amended frou
Residential, Low Density to Resort Commercial for two parcels on the, west side
of Marine Drive, north of Lighthouse Park totaling approximately 4.72 acres
(assessor's parcel numbers 405319 - 499355 and 405319 - 497335); and the Point
Roberts Subarea Comprehensive Plan Text shall be amended as presented in Exhibit
'lift.
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PASSED this 5th day of November , 1987.
ATTEST:
Carol Ebergson
Clerk of the Council
APPROVED AS TO FORM:
ivil Deputy Prosecuting Attorney
lished October 7, 1987 and
Ordinance becomes effective on
WHATCOM COUNTY COUNCII,
WHATCOM COUNTY, WASHINGTO
Tom urton, C airperson
(') APPROVED ( ) VETOED
Shirley Vanizanten
County Executive
Date: November 6, 1987
November 11, 1987
November 16, 1987
September 21, 1987
File Ref: CMT 4 -87
WHATCOM COUNTY PLANNING AGENCY REPORT
PLANNING COMMISSION RESOLUTION IN THE MATTER )
OF AMENDING THE POINT ROBERTS SUBAREA COM-
PREHENSIVE PLAN MAP AND TEXT FROM RESIDENTIAL)
LOW DENSITY TO RESORT COMMERCIAL FOR TWO PAR -) FINDINGS,
CELS TOTALING APPROXIMATELY 4.72 ACRES. THE ) REASONS, AND
THE SUBJECT PARCELS ARE IN SECTION 9, TOWN- } MOTION
SHIP TOWNSHIP 40 NORTH, RANGE 3 WEST, ON }
MARINE DRIVE, NORTH OF LIGHTHOUSE PARK. )
WHEREAS, Ingrid Johnson (The Cannery Inc.) and Darryl Bruns, represented by
Philip A. Serka, attorney, have filed an application requesting that the Whatcom
County Comprehensive Plan Map be amended from Residential, Low Density to Resort
Commercial for two parcels, totaling 4.72 acres in the Point Roberts Subarea;
and
WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the
Bellingham Herald and in the Westside Record - Journal on Wednesday, July 8, 1987.
Also, notices were mailed to owners of property within 300 feet of the proposed
Comprehensive Plan amendment; and
WHEREAS, the Deputy SEPA Administrator issued a Determination of
Nonsignificance on June 3, 1987 and the SEPA process is being conducted as a
phased review pursuant to WAC 197 -11- 060(5 ); and
WHEREAS, the Planning Department has reviewed the request and prepared a
staff report (Exhibit "1 ") dated July 15, 1987, wherein a recommendation for
denial was made; and
WHEREAS, the Planning Commission held a public hearing on the request on
July 21, 1987; and
WHEREAS, the Planning Commission held a work session on the request on
September 21, 1987;
NOW, THEREFORE, BE IT RESOLVED:
Findings of Fact and Reasons for Action
1. A quorum of Commission members was present during the hearing and work
session.
2. The statutory requirements were met regarding public notice and SEPA review.
3. There was discussion among the Planning Commission regarding the
appropriateness of resort commercial uses on the subject property and about
potential impacts on surrounding properties and uses.
4. The Planning Commission finds that future development of resort related
commercial uses on the subject property would be no more detrimental to
surrounding properties and uses than the existing nonconforming tavern and
recreational vehicle park.
5. A majority of the Planning Commission finds that the proposed Comprehensive
Plan map and text amendments are in the public interest and further
recommends to the County Council the approval of Ingrid Johnson's and Darryl
Bruns' request to amend the Whatcom County Comprehensive Plan map and text.
G. The Chairman and Secretary are hereby directed to place their signatures on
this document and to transmit same together with the aforementioned Exhibit
"1" to the County Council.
Done and passed by majority vote this 21st day of September, 1907.
WHATCOM COUNTY PLANNING COMMISSION
Attachments: Exhibit "1" Planning Department Staff Report
industrial area shown on the Comprehensive Plan Map; auction barns; wholrsalc:
uses; slaughterhouses; freezing plants; soil., gravel, clay, peat, and mineral
pr-oc :essing facilities which have an intended locational life in excess of 12
months; and businesses which do not meet the locational standards of the Business
policies of the Comprehensive Plan.
II. Comprehensive Plan Designation
The Interim Zoning Ordinance specifies :in Section .510.053(1) that Point Roberts
residential uses shall be permitted pursuant to the stated goals and policies of
the Point Roberts Supplement to the Whatcom County Comprehensive Plan; and
specifies in Section .510.054(3) that Point Roberts commercial uses shall conform
to the goals and policies as stated in the Point Roberts Supplement to the
Whatcom County Comprehensive Plan. Further, the ordinance specifies in Section
.510.170 that., in considering conditional uses, the Hearing Examin( ::): shall find
substantial evidence showing that the use will be iu accordance with the general
policies, principles and any specific: standards of the Whatcoin County
Comprehensive Plan and any amendtments or supplements which may be applicable.
Under the policies of the current Residential Low Density plan designation,
appropriate uses are single family residences, farming, home occupations, golf
courses, private recreation, and parks. Maximum residential density is four
1111iP.s pul gross buildable acre. Changing the plan designation to Resort
C(miuh•1 -ciol ..�L�i olur-11dille,' tht ii-xl .i:S 1"4F,lik -steel would permit a mix of
residential and commercial uses to include retail shops; restaurants; small
convenience stores; barber shops; professional and real estate offices that are
small in scale and contribute to the character of a resort; single family
dwellings; multi - family dwellings; recreational vehicle parks; and recreation
rental units.
The proposed text amendment would also increase the permitted multi - family and
recreation rental density from four units to fifteen units per gross buildable
acre. The Whatcom County Subdivision Regulations specify in Section 21.32.070
that the maximum mobile home park density shall be seven lease spaces per acre
where public water and sewer are provided. - Otherwise, the maximum density is
three spaces per acre. The maximum recreational vehicle park density is fifteen
per acre with public water and sewer and seven per acre without.
III. Shoreline Designation
The shoreline of the subject parcel is. designated Rural in the Whatcom county
Shoreline Management Program and is subject to the policies and regulations of
the Rural designation.
IV. Summary of regulatory effects
All. uses which are permitted outright in the Residential Low Density Plan
designation would continue to be permitted under the Resort Commerc :ial
designation. The GP district provides for a wide range of conditional uses
regardless of the Comprehensive Plan designation, so long as the conditional use
criteria of WCC 2.24.660.610 are met. The Resort Commercial Plan designation
would increase the range of permitted uses to include resorts, camps,
recreational vehicle parks, retail stores, service stations, restaurants, small.
convenience stores, barber shops, small scale professional and real estate
offices, multi - family residential (including apartments, townhouses,
July 15, 1987
File Ref: 4- 87:CMT
WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT
APPLICANT: Ingrid Johnson (The Cannery Inc.) and Darryl Bruns, represented by
Philip A. Serka, attorney.
REQUEST: The Cannery and Darryl. Bruns are requesting all amendment to the Point
Roberts Subarea Comprehensive Plan Map and text: from Residential, Low Density to
Resort Commercial for two parcels, totaling approximately 4.72 acres (se -e;
attached map and proposed text amendments).
LOCATION: The subject property is in section 9, Township 40 North, Range- 3
West, on Marine Drive, north of Lighthouse Park.
STATUTORY REQUIREMENTS: Pursuant to RCW 36.70.560, lega=l notice was published in
the Bellingham Herald and in the Westsi.de Record-- Journal on Wednesday, July 8,
1981. Also, notices were mailed to owners of property within 300 feet of the
proposed amendments.
SEPA: An environmental checklist was
nation of Nonsignificance was issued by
The SEPA process is being conducted
000(5).
REGULATORY EFFECTS OF THE REQUEST:
received on May 28, 1987 and a Determi-
the Deputy SEPA Official on June 3, 1987.
as a phased review pursuant to WAC 197 -11-
I. General Protection Zone District, WCC 2.24.510
The property is currently zoned GP, General Protection under Section 2.24.510
WCC, Whatcom County Interim Zoning Ordinance. The proposed Comprehensive Plan
amendment will not change this zoning classification. Among the purposes of the
GP district, according to WCC 2.24.510.013 is the avoidance of conflicts with the
policies expressed in the text and map which comprise the Comprehensive Plan and
its amendments or supplements.
Permitted uses in the GP district (WCC 2.24.510.050- -.054) include agriculture;
forestry; single family dwellings; commercial uses such as retail stones,
offices, service stat=ions, restaurants, and other businesses of the like catering
directly to the consumer; and conservation and management of natural resources.
Se=condary permitted uses inc=lude sale of locally grown agricultural products;
home occupations; and fire stations, churches, schools, parks, community
recreation facilities, and public libraries where one and two family residences
are permitted.
All other uses.not otherwise permitted in the GP district require a Conditional
Use Permit, including but not limited to: apartments; townhouses; condominiums;
mobile home parks; motels; hotels; recreationa =l vehicle parks; resorts; camps;
commercial recreation facilities; marinas; racetracks; theaters; billboards;
taverns; facilities for the disposal. of the dead; solid waste disposal
facilities; wrecking, salvage, and storage yards not located within an
condominiums, mobile home parks, hotels, motels, and recreation rental units).
All other uses would remain conditional uses subject to the approval criteria
listed in WCC 2.24.660.610.
EXISTING CONDITIONS:
I. Land Use:
The current uses of the subject property include a nonconforming thirty space
recreational vehicle park, a nonconforming tavern, and a single family residence.
Surrounding uses include a single family residence on a one half acre lot to the
north and 17 single family residences in a 26 lot subdivision to the north;
Washington State second class tidelands managed by the Department of Natural
Resources to the west; a single family residence on one and one half acres and
Lighthouse County Park to the south; and four mobile homes, a nonconforming
private airstrip and, agricultural land across Marine Drive to the east..
Residential densities are equal to or less than the four units per acre specified
in the Comprehensive Plan.
H. Environmental. Factors:
The entire southwest corner of Point Roberts, including the subject prope- i-t:y, is
a former tidal marsh with a mean elevation of 4.5 feet above lowest low water.
The property is flat and is protected from tidal. action by a natural roll luck
berm. Geologically, the site consists of sub -- recent tidal. flat and beach
deposits with Neptune soils. The Neptune soils are sandy loam soils and contain.
considerable amounts of organic material.. They have generally low bearing
strength, poor drainage, are subject to groundwater pollution and have severe
limitations for development.
III. Transportation:
The site fronts on Marine Drive which is a collector arterial, providing local
access to residences, Lighthouse Park, the airstrip, and the existing
recreational vehicle park and tavern on the subject property. Marine Drive has a
right of way width of 60 feet and is developed to a width of 20 feet with a
bituminous surface treatment. There are no delineated shoulders, as vegetation
extends directly to the hard surfacing. The Whatcom County Engineering Bureau
recommends that a need for developing the shoulders to accommodate bicycle and
pedestrian traffic should be addressed through the combined efforts of private
enterprise, the County Parks Department, and the County Public works Department
IV. Services:
The property is provided with water by Whatcom County Water district Number 4.
Wastewater disposal is by means of onsite septic systems. Although
administrative approval has been obtained for the Greater Vancouver Regional
District to provide water to Water District 4, certain logistical details remain
to be worked out before service actually becomes available.
V. Resolution of issues related to existing conditions:
Potential problems related to land use, environmental, transportation, and
services issues as enumerated in the preceding sections can be resolved in the
review and approval process for subdivision, binding site plan, P.U.D., and
conditional use permit as appropriate.
amendment. It is very likely that water service would be adequate with
water providedi by the Greater Vancouver Regional District. Septic system
approval would be pursuant to Whatcom County Health Department standards.
G. That a public: need to amend the Plan be demonstrated and that such
need is not currently being provided for with the existing land use
designations and policies:
Currently there are four areas of Point Roberts that are planned for Resort
Commercial land uses: 1. Maple Beach, approximately 15 acres; 2. Soutli
Beach, approximately 5 acres; 3. Old townsite, approximately 45 acres; and
4. Monument Park, approximately 185 acres. Of these four areas, the
Monument Park area is the largest and has experienced virtually no
commercial development. It is apparent to the staff that with the
abundance of undeveloped Resort Commercial land, particularly in t.h-:;
Monument Park area, there is no public need to amend the Plan. The only
need for amendment is that of an individual. landowner. The- applicant 1►ex5
indicated that the purpose of the proposed amendment is to make the exi.SLing
nonconforming commercial uses conforming and to allow future development of
various resort commercial uses. The GP zone designation still allows for a
wide variety of conditional uses under the Residential Low Density Plan
designation. Further, the existing nonconforming uses may be expanded
pursuant to WCC 2.24.640.570.
III. Summary of findings:
The proposal is inconsistent with the Point Roberts Plan policy of delineating
functional and well defined commercial areas in confined locations that economize
on provision of public services. There also is an issue of incompatibility with
the neighboring park uses. Finally, the applicant has failed to demonstrate a
public need for the proposed Resort Commercial designation at the subject
location. There currently is an abundance of undeveloped Resort Commercial
designated land in the Point Roberts Subarea. The only need that would be served
is that of an individual landowner.
RECOMMENDATIONS: Based on the foregoing findings and conclusions, the Whatcom
County Planning Department recommends denial of Ingrid Johnson (The Cannery
Inc.) and Darryl Bruns' application to amend. the Point Roberts Subarea
Comprehensive Plan map and text.
FINDINGS AND CONCLUSIONS:
1. RCW 3G.70.410 states that when changed conditions or further studies by the
planning agency indicate a need, the commission may amend the Comprehensive
Plan. No further studies have been conducted by the planning agency. Tt can be
argued that recent approval for the provision of water from the City of Vancouver
represents substantially changed conditions. However, it must be pointed out
that, as stated in the first paragraph of Chapter 7 of the Point Roberts Plan one
of the underlying assumptions of the Plan is "that an adequate; supply of water
will. be developed for Point Roberts." It is the staff's opinion that this
underlying assumption of the Plan refutes the validity of any argument for
changed conditions based on the provision of water.
I1. For Comprehensive Plan amendments, ThE-- Point Roberts Subarea Comprehi-nsive
Plan requires conformance with six Land Use Amendment Criteria.
1. Conformance, with the goals of the Point. kobc.rt.s C,um prehens.i.ve; Plan:
The proposal appears to be consistent with the goals of the Plan.
2. Consistencv with the nolic:ies of the Plan:
The intent statement for the policies for commercial land uses emphasizes
the delineation of "functional. and well- defined commercial land use
patterns" and the designation of "a sufficient amount of land for
(commercial) uses . . . within several confined areas in order to economize:
on provision of public facilities." The proposal, however, is remote from
the other commercial areas in the subarea, does not economize on provision
of public facilities, and is therefore inconsistent with the intent of the
Resort Commercial designation.
3. Compatibility with existing and planned surrounding uses:
The Whatcom County Parks Department has indicated that there is an ongoing
problem with patrons of the existing tavern and RV park entering Lighthouse
Park via the tidelands adjacent to the subject property, thus avoiding the
park's day use fee normally charged to nonresidents of Whatc:om County.
Although most land use compatibility issues can be addressed through the
conditional use permit approval criteria and through implementation of the
Commercial Land Use Design policies of the Point Roberts Plan during the
development approval process, additional commercial and recreational
development of the subject property would only increase the problem of
illegal. park entries.
4. No detrimental impacts to the existing or planned transportation
system:
Although the proposed Comprehensive Plan amendment would not directly affr-ct
transportation systems, there is some question as to the adequacy of Marine
Drive to serve intense commercial development at this location without some
improvements.
5. No burden upon existing or planned service capabilities:
As with transportation system impacts, impacts on services would depend upon
the intensity of commercial development subsequent to the proposed
PROPOSED AMENDMENTS TO POINT ROBERTS SUBAREA COMPREHENSIVE PLAN TEXT:
(proposed new text is underlined.)
New Section A.1.1.1.5
Vicinity of Lighthouse Park: The western Portion of Marine Drive adjacent
to Lighthouse Park that extends northerly to Water Seaside Plat.
New Text in Section A.1.1.2.2
Vicinity of Old Townsite and Lighthouse Park: Uses are same as above plus
taverns and dancehalls.
New Section B.1.3.3.2.4
Vicinity of Lighthouse Park: Within the areas around Lighthouse Park
designated Resort Commercial, maximum density shall be 15 units per gross
buildable acre.
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LAW OFFICES OF
ADELSTEIN & S RKA TELEPHONE
STEVEN P. ADELSTEIN (206) 671 -6565
PHILIP A. SERKA 400 NORTH COMMERCIAL
BELLINGHAM, WASHINOT ,27 COUNTY TELEPHONE
354 -4782
/ -O FAX: (206) 734 -1286
October 7, 1987
ro �o
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Mr. Thomas Burton, Chairman
Whatcom County Council ,�UyCQ UN�
311 Grand Avenue
Bellingham, WA 98225
Re: Daryl Bruns, Point Roberts - Comprehensive Plan
Amendment to Resort Commercial
Dear Tom:
Our law firm represents Daryl Bruns, the applicant in this matter.
Carol has advised me that this matter has been scheduled before
the County Council for a Planning Committee meeting on October
14th at 2:00 p.m. and for final consideration on October 15th.
I will be out of town and unable to attend the meetings. I would
respectfully request that the meetings be continued one week to
October 21st and 22nd.
Thank you for your consideration in this matter.
V t ul yours,
P LIP A. ERKA
jb
cc: Carol Ebergson, Clerk
Daryl Bruns
Ingrid Johnson
Ilona Keller
b:2689/1