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HomeMy WebLinkAboutord1986-030^ � a 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 i 26 27 28 29 30 31 32 INTRODUCED BY: PROPOSED BY: ORDINANCE NO. 86 -30 Roehl Planning DATE: February 20, 198 AN ORDINANCE AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA KNOWN AS THEE CHUCKANUT -LAKE SAMISH SUBAREA OF WHATCOM COUNTY. WHEREAS, the Whatcom County Planning Agency is charged with updating and revising the 1970 Whatcom County Comprehensive Plan Text and Map and providing recommendations for legislative action to the County; WHEREAS, the Whatcom County Planning Agency has reviewed the Chuckanut -Lake Samish Subarea of the Comprehensive Plan through development of a Background Document that effectively inventoried and analyzed land use, transportation, community facilities, utilities, and environmental features of the subarea while determining important land use related issues and developing a comprehensive citizen participation process which has resulted in the formation of a prelimin- ary Comprehensive Plan; WHEREAS, two public hearings were conducted in December, 1985 and January, 1986 by the Whatcom County Planning Commission on the proposed plan; WHEREAS, the Whatcom County Planning Commission has prepared Findings, Reasons and a Motion recommending the adoption of the proposed Chuckanut- -Lake Samish Subarea Comprehensive Plan; and Wh'EREAS, the Whatcom County Council has reviewed the Planning Agency' Findings, Reasons and Motion; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council as follows: 1 2 Section 1. Comprehensive Plan Text 3 The 1970 Whatcom County Comprehensive Plan Text for the geographic area 4 known as the Chuckanut -Lake Samish Subarea is hereby amended in its entirety to 5 read as set forth in Exhibit "A ", which is attached hereto and incorporated 6 herein by reference. 7 8 Section 2. Map 9 The 1970 Whatcom County Comprehensive Plan Map is hereby amended in its 10 entirety for the geographic area referred to as the Chuckanut -Lake Samish 11 Subarea, as set forth in Exhibit: "B ", which is attached hereto and incorporated 12 herein by reference. 13 14 Section 3. Validity 15 Adjudication of invalidity of any of the sections, clauses, or provisions 16 of this Ordinance shall not affect or impair the validity of the Ordinance as a 17 hole or any part thereof other than the part so declared to be invalid. 18 PASSED this 1st day of May , 1986. 19 WHATCOM COUNTY COUNCIL 20 WHATCO OUNTY, WASHINGTON ting Attorney G.. Hdilsey'', Chairman (--)'APPROVED �% ( ) VETOED l�G...� - za--L Shirley Vantanten,Ltxecutive May 2, 1986 Date Westside, March 12, 1986 30 Published and Ma 7 , 1986. Bellingham, March 14, 1.986 31 rhis ordinance becomes effective May 12 , 1986. 32 RAFT I -- 2/14/86 -22_ 21 22 23 -' 24 TTES ; 25 (6 "J Jerk of the Counci 26 47 01 PPROVED AS TO FORM: 28 �^ ivil Deputy P cu � 29 ting Attorney G.. Hdilsey'', Chairman (--)'APPROVED �% ( ) VETOED l�G...� - za--L Shirley Vantanten,Ltxecutive May 2, 1986 Date Westside, March 12, 1986 30 Published and Ma 7 , 1986. Bellingham, March 14, 1.986 31 rhis ordinance becomes effective May 12 , 1986. 32 RAFT I -- 2/14/86 -22_ M E M 0 R A N D U M To: Whatcom County Council From: Planning staff Re: Background information on commercial zoning subject to public hearing on March 27, 1986 Date: March 21, 1986 Public testimony will be received on the folowing four areas within the Chuckanut -Lake Samish Subarea: 1. the existing Tourist Commercial district that is located on both sides of Samish Way north of the North Lake Samish interchange with I -5; 2. the proposed Tourist Commercial district west of I -5 and immediately south of the North Lake Samish Interchange; 3. the proposed Tourist Commercial district west of I -5 and immediately north of the Nulle Road interchange; and 4. the proposed Neighborhood Commercial district east of I -5 on both sides of Nulle Road. This report includes general information about the various commercial zone districts including intent and uses, a locational map, and specification data about each individual proposed commercial location. General Information A. Neighborhood Commercial (NC) zones in general are intended to blend in with residential zones because of the limits placed on the size of each business (2500 square feet), total square footage of buildings allowed (30,000 square feet), and the types of businesses. Because of the kind of uses and size of busines- ses, the amount and kind of traffic generated by the business activity usually does not have a significant impact on the surrounding neighborhood. Those commercial activities that might create problems in a residential area are designated as conditional uses rather than permitted uses. For conditional uses, building permits are subject to the Hearing Examiner's action and appropriate conditions are placed on uses such as gas stations so that they will not disturb the neighborhood setting. In order to comply with state law requiring that zones be applied consistently, criteria established in all subarea comprehensive plans are intended to be used in identifying appropriate locations for NC zones. These criteria are applied throughout the county, and a copy is attached on the last page. B. Tourist Commercial (TC) zones in general have an urban character because of the scale and intensity of the buildings allowed, amount and kind of traffic generated, and the type of adjacent uses that are attracted. In order to comply with state law requiring that zones be applied consistently, criteria established in all subarea comprehensive plans are intended to be used in identifying appropriate locations for TC zones. These criteria are applied throughout the county, and a copy is attached on the last page. C. There is one existing commercial use in the four miles along I -5 between the Skagit County line and the City of Belling- ham. Al and Carmin's Market is located on the west side of I -5 at the North Lake Samish Road exit. This parcel and one other adjacent parcel have been designated as Neighborhood Commercial. This NC zone is not subject to the public hearing. D. General planning guidelines indicate that a neighborhood center needs at least 4,000 -6,000 residents to be sustainable. The current population of the Lake Samish neighborhood is less than 1,000 people, with an additional 650 people in the Yew Street area. The presence of I -5 appears to be the reason that the one neighborhood scale grocery store /gas pump operation survives. The owners report that the business is marginal and that existing neighborhood use and I -5 through traffic use do not seem to indicate enough support for additional locations. The future population of the Lake Samish area with the proposed residential zoning could be between 6,000 and 10,000. The growth in the Yew Street area will probably orient towards Bellingham, but might make use of commercial areas to the south. The existing and projected population base within this planning period and beyond does not substantiate the need for more than one neighborhood commercial center. This future population, assuming the same growth rate as the county as a whole, is not projected to occur until 2060. In the last decade, the popula- tion growth rate around Lake Samish has been considerably less than for the county as a whole. When public water is provided, then it is expected that growth will be more rapid. If public water is not provided, then it is highly doubtful that the Lake Samish area population will become much larger than it is now. Planning data on the location of tourist commercial centers is less generalizable, but the experience of the restaurant at the Bow'exit and of the RV park just south of the county line indicates that traffic on I -5 is not sufficient at this time to support tourist commercial operations along I -5 unless they are adjacent to an urban population center. Planning guidelines are important to provide predictability to the land owner and purchaser. Since no tourist commercial uses can be built without public sewer and water, the present zoning has been misleading to those purchasing land in the existing Tourist Commercial zone. In addition, it has kept residential uses from occurring in an area where residences are desired. To place Tourist Commercial zones in this subarea precludes their use for residential. purposes, and is not appro- priate based upon need and services at this time. There are existing tourist commercial business centers at Samish Way about five miles to the north and in Mt. Vernon. The following discussions correspond to the preceding locational map. DATA ON LOCATION 1 Location and access: This area is located on both sides of Samish Way. To the south is Forestry land and then the N. Lake Samish exit from I -5. Acreage and assessed value: 35 acres. Land is valued at $129,000 with residential improvements valued at $147,000. Average land value is about $3700 per acre. Number of owners and zone requested: There are a total of 10 owners. At this time, two owners with parcels totalling 6 acres have requested a Rural zone with their total assessed value at $134,000; three owners with parcels totalling 6 acres have requested a TC zone with their total assessed value at $27,500. Services: There is neither public water nor public sewer, and projections are that neither- will be supplied because of expense. Present zoning and taxes: All of this area has been zoned Tourist Commercial since 1972. No commercial uses have been proposed until this spring. An informal survey of neighboring land that has been zoned S3 indicates an average assessed value of $3300 per acre, while these parcels have been assessed at $3700 per acre. This difference is probably too small to relate to the difference in zoning, and would only amount to about $5 /acre /year in taxes. Staff proposal and rationale: This area does not meet the criteria for a Tourist Commercial zone. Staff is unable to locate any documentation to justify its designation in 1972 as a commercial zone. The staff recommended a Rural 5 acre zone on the basis that this zone would allow owners to continue the current land uses of residences and rural businesses, including home occupations employing family members and up to 3 additional employees and housed in a separate building. It also would preserve enough open space to allow for future designation as a more dense residential area or commercial area if conditions change such that the need and services are present for either use. Planning Commission action: The Planning Commission responded to the fact that present property owners were unable to make use of their land for residential purposes due to the existence of the TC zone, and approved a R5A zone. Other comments: Part of this land drains to Chuckanut Creek and part to the main inlet into Lake Samish. The volunteer fire district is concerned about being unable to properly respond to fires in this area, particularly commercial buildings. DATA ON LOCATION 2 Location and Access: Access is from Samish Way. This location is to the northeast of I -5 and is directly opposite the existing Al & Carmin's Market and the N. Lake Samish interchange with I -5. Acreage and assessed value: About 18 acres. Total land value is $17,940 or $1,000 per acre. Number of owners and zone requested: Only one owner and he requested Tourist Commercial. Services: There is neither public water nor public sewer. The cost of extending sewer from Water District *12 would be quite high as it would necessitate lines along N. Lake Samish Drive and beneath the freeway. The City of Bellingham capital improve- ment plans show no extension of water service into this area. If water is ever provided from WD *12, a pump station would be needed to serve this area. Present zoning and taxes: Since 1972 this parcel has been zoned Forestry, and the assessed value of $1,000 per acre is consistent with Forestry uses. Staff proposal and rationale: Staff proposed this .land for a Rural 5 acre zone to provide for more varied uses than Forestry and to preserve future options. Planning Commission action: The Planning Commission approved this parcel for Tourist Commercial zoning based upon the owner's request that it would be a good site for tourist commercial uses. Other comments: The main inlet to Lake Samish flows through the center of this parcel. Thus, surface water runoff from commer- cial activities indlucing oils and other contaminants would flow into the creek and then into Lake Samish, which serves as a source of domestic water supply. The volunteer fire department is concerned about about being unable to properly respond to commercial building fires in this area. DATA ON LOCATION 3 Location and access: Access is from Nulle Road and Old 99. This area is on the east side of I -5 and north side of Nulle Rd. immediately adjacent to the Nulle Rd. interchange with I -5. Acreage and assessed value: 21.4 acres. Land is valued at $26,000 with residential improvements valued at $17,000. 11.52 acres have received Timberlands tax relief and are valued at $124 per acre; the remaining land average assessed value is about $2500 per acre. Number of owners and zone requested: There are 5 owners. One absentee owner with an 11.52 acre parcel has requested a Tourist Commercial, zone with the total assessed value of property being $1430 (due to the Timberlands relief). Services: This area has access to the WD #12 sewer transmission main which extends to Burlington. No public water is available. Present zoning and taxes: This area is zoned Suburban 3 dwelling units per acre; however, its average assessed value of $1200 per acre is less than other residential parcels in the area. Staff proposal and rationale: Staff recommended a Rural 5 Acre zone to allow for residences and rural businesses. During this 15 year planning period it is projected that need and services will not be appropriate for a Tourist Commercial zone; however, a R5A zone would leave enough flexibility for future zoning of either residential rural or commercial if the need for either in this area occurs. Planning Commission action: Because of its location, the Planning Commission accepted the argument that the ,land was not suitable for residential uses, and that the owner understood that a TC zone means nothing could be built until a public water system is available. Other comments: Adjoining property owners have mixed feelings about commercial zoning, and although several have discussed this issue with planning staff, no other owner has made formal comment pro or con. The volunteer fire district has doubts as to their ability to handle a commercial development fire. DATA ON LOCATION 4 Location and access: Access is from Nulle Road and E. Lake Samish Way. The parcels are on both sides of Nulle Road on the west side of the Nulle Road interchange with I -5. Acreage and assessed value: 13 acres. Land is valued at $57,000 with no improvements. Average assessed value is $4370 per acre. Number of owners and zone requested: There are three owners. Two owners of parcels totalling 10.4 acres with an assessed value of $46,000 have requested a Neighborhood Commercial zone. Services: These parcels have access to W.D. #12 sewer but no public water. Since NC zones require services equivalent to the neighborhood, this level of service meets the NC criteria. Present zoning and taxes: All of this area has been zoned Suburban 3 dwelling units per acre. The average assessed value of $4370 per acre is consistent with the assessed value of similar residential parcels in the area. Staff proposal and rationale: Staff proposed that this area be designated as NC, and that the existing Al & Carmin's Market be "grandfathered" rather than designated as NC. The reasons were: a. this location has better service provision; b. this location has direct access to the residential area without traveling N. Lake Samish Way which has a high accident rate; C. because of its location, presspre for commercial uses at some time in the future seemed likely, and designation now would prevent residential densities of 2 per acre from developing directly adjacent to future commercial activities. Planning Commission action: The Planning Commission recommended this area be zoned NC primarily because the restrictions on NC development seemed to better protect water quality and neighbors than did proposed development at two houses per acre. Other comments: part of this land is bounded by Friday Creek. The owner of the parcel adjacent to Friday Creek, in recognition of the environmental sensitivity of the site and of the limita- tions on building area in NC zones, volunteered to place a permanent deed restriction preventing any development from occurring within 250' of Friday Creek. In addition, the Planning Commission has recommended an amendment to the Title 20 NC zone requiring a buffer of 100' of plant material paralleling the freeway along NC /residential zone boundaries. Although 13 acres are designated, the total area that could be developed is only 30,000 square feet of building plus parking areas, or less than 4 acres total. Neighborhood Commercial Rationale The delivery of goods and services to people is an integral part of our economic system. The type of commercial activity is dependent on the composition of the market to be served and represents several different land use patterns. These land use patterns are designated as neighborhood, general, tourist or resort commercial. To meet the market needs of the citizens living in the ChurkanutLake Samish Subarea, one commercial designation is used: NEIGHBORHOOD COMMERCIAL. Locational Criteria Areas suitable for the NEIGHBORHOOD COMMERCIAL designation shall conform to the following criteria. (1) Parcels are served by collector streets or minor or secondary arterials. (2) Parcels have the same level of sewer and water service as that provided to the surrounding neighborhood. (3) The designation is in a location central to the neighborhood area the commercial activity would serve. (4) The designation is applied to a minimum area of five acres configured in a consolidated arrangement. (5) The designation is applied -to property located where ownership patterns and land parcelization would be conducive to future development. (6) The designation should be located where a public need for a neighbor- hood shopping area exists. Tourist Commercial T3_ +; --- 1 - The rationale underlying the TOURIST COMMERCIAL designation is to serve the traveling public with a limited range of goods and services directly related to their transportation needs. TOURIST COMMERCIAL areas are intended to serve vehicular, rail, truck and air transportation systems. TOURIST COMMERCIAL areas should be located near major transportation corridors and be designed to assure safe and convenient access. Locational Criteria Areas that are suitable for application of the TOURIST COMMERCIAL plan designation conform to the following criteria. (1) Parcels are served by principal or minor arterials, or major collectors. (2) Parcels will be provided with urban services including public sewer and water, stormwater drainage, sheriff and fire protection; except that existing areas that have concentrations of tourist commercial uses may be recognized based on adequate levels of wastewater disposal, water and fire flow. (3) The designation is located in close proximity to major transporta- tion corridors including air, rail or road terminals or border crossings. (4) The designation contains approximately ten acres, is configured to provide safe and convenient access and will not adversely impact adjacent noncommercial activities. (5) The designation is located where a public need exists for TOURIST COMMERCIAL types of uses.