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Home My WebLink Aboutord1986-0651 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 INTRODUCED BY: Consent PROPOSED BY: _PlanninV, DATE: • ill -y-24T 1 ARR - ORDINANCE N0. 86 -65 ORDINANCE AMENDING THE LYNDEN- NOOKSACK COMPREHENSIVE PLAN MAP AND ZONING MAP FROM GENERAL COMMERCIAL TO RURAL 5 -ACRE FOR PROPERTY SOUTHEAST OF GUIDE MERIDIAN AND :LAUREL ROAD, TOWNSHIP 39 NORTH, RANGE 3 EAST, SECTION 19 WHEREAS, the Whatcom County Council has adopted the Lynden - Nooksack Valley Comprehensive Plan Text and Map and adopted Title 20, the official Whatcom County Zoning Text and Map to implement the local use designations described on the Comprehensive Plan; and WHEREAS, the Whatcom County Council has been informed by a land owner of the inappropriateness of the General Commercial land use designation and zone district established for said land owner's property; located in Section 19, Township 39 North, Range 3 East, Tax Lot 11; and WHEREAS, the land owner is currently in the process of developing a residential short plat to enable the use of said property for residential purposes; and WHEREAS, residential uses are prohibited under WCC 20.62.050 and 20.62.150 within the General Commercial zone districts; and WHEREAS, the Whatcom County Planning Commission and Planning stiff proposed to the Whatcom County Council that said property be designated in the Lynden - Nooksack Valley Comprehensive Plan as Rural and zoned Rural 5 Acres that would enable the land owner to execute his plans for residential purposes and further that said property appears inappropriate for commercial use due to topographic relief and transportation access problems: NOW THEREFORE BE ORDAINED by the County Council of Whatcom County that the Lynden - Nooksack Valley Comprehensive Plan Map and Title 20 Zoning Map is amended as described in Attachment A. DATED this day of August , 1986. A TTf ST: Clerk of the Counci Published on 8/6/86 & 8/27/86 Effective September 1, 1986 WHATCOM COUNTY COUNCIL (WHATCOM COUN AS INGTON Don Hans y, ai person ( ✓) APPROVED ( ) VETOED Y G„v Shirley Van anten County Executiv Auvust 22. 1986 Date signed by Executive NOTICE that the Whatcom County Council, on the 24th of July, 1986, introduced and scheduled for public hearing the following ordinance: ORDINANCE AMENDING THE LYNDEN- NOOKSACK COMPREHENSIVE PLAN MAP AND ZONING MAP FROM GENERAL COMMERCIAL TO RURAL 5 -ACRE FOR PROPERTY SOUTHEAST OF GUIDE MERIDIAN AND LAUREL ROAD, TOWNSHIP 39 NORTH, RANGE 3 EAST, SECTION 19 This proposed ordinance shall read as follows: WHEREAS, the Whatcom County Planning Commission and Planning staff proposed to the Whatcom County Council that said property be designated in the Lynden- Nooksack Valley Comprehensive Plan as Rural and zoned Rural 5 Acres that would enable the land owner to execute his plans for residential purposes and further that said property appears inappropriate for commercial use due to topographic relief and transportation access problems: NOW, THEREFORE, BE IT ORDAINED by the County Council of Whatcom County that the Lynden- Nooksack Valley Compre- hensive Plan Map and Title 20 Zoning Map is amended as described in Attachment A. NOTICE IS FURTHER GIVEN that any taxpayer may appear at said hearing, to be held at 7:30 p.m. or as soon thereafter as possible, on August 21, 1986 in the Council Chambers, second floor of the County Courthouse, 311 Grand Avenue, Bellingham, Washington, and speak for or against the ordinance. Copies of the ordinance are available for review during regular office hours in the office of the Clerk of the Council, second floor, and the Law Library, basement, County Courthouse, 311 Grand Avenue, Bellingham, Washington. Dated this 4th day of August, 1986. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Donald G. Hansey, Chairman ATTEST: Carol Ebergson Clerk of the Council Publish in the Bellingham Herald August 6, 1986 Phone 676 -6756 TO: FROM: DATE: M E M O R A N D U M Don Hansey, Chairperson, Whatcom,,��County Council Bill Trimm, Planning Directore)IJ -0 July 30, 1986 SUBJECT: Planning Commission Recommendation ING DEPARTMENT At a special meeting of the Whatcom County Planning Commission, neid on July 29, 1986, the Planning Commission made the following motion: RECOMMEND TO THE WHATCOM COUNTY COUNCIL APPROVAL TO AMEND THE COMPREHENSIVE PLAN MAP AND ZONING MAP FOR A PARCEL OF LAND SITUATED IN TOWNSHIP 39, RANGE 3 EAST, SECTION 19, TAX LOT 11, FROM GENERAL COMMERCIAL TO RURAL 5 ACRES, CONSISTENT WITH THE WHATCOM COUNTY PLANNING COMMISSION'S ORIGINAL RECOMMENDATION. (Motion carried 7 -0) Attachment ""A" I WA RURAL ld.u./5ac. 9360 _----_ / v�^ ^ / o ` . � north '—~--- ----- r----' ------'------'� AL Guide Meridian. Attachment ""A" I WA RURAL ld.u./5ac. 9360 _----_ / v�^ ^ / o ` . � north '—~--- ----- r----' ------'------'� NOTICE that the Whatcom County Council, on the 24th of July, 1986, introduced and scheduled for public hearing the following ordinance: ORDINANCE AMENDING THE LYNDEN- NOOKSACK COMPREHENSIVE PLAN MAP AND ZONING MAP FROM GENERAL COMMERCIAL TO RURAL 5 -ACRE FOR PROPERTY SOUTHEAST OF GUIDE MERIDIAN AND LAUREL ROAD, TOWNSHIP 39 NORTH, RANGE 3 EAST, SECTION 19 This proposed ordinance shall read as follows: WHEREAS, the Whatcom County Planning Commission and Planning staff proposed to the Whatcom County Council that said property be designated in the Lynden- Nooksack Valley Comprehensive Plan as Rural and zoned Rural 5 Acres that would enable the land owner to execute his plans for residential purposes and further that said property appears inappropriate for commercial use due to topographic relief and transportation access problems: NOW, THEREFORE, BE IT ORDAINED by the County Council of Whatcom County that the Lynden - Nooksack Valley Compre- hensive Plan Map and Title 20 Zoning Map is amended as described in Attachment A. NOTICE IS FURTHER GIVEN that any taxpayer may appear at said hearing, to be held at 7:30 p.m. or as soon thereafter as possible, on August 21, 1986 in the Council Chambers, second floor of the County Courthouse, 311 Grand Avenue, Bellingham, Washington, and speak for or against the ordinance. Copies of the ordinance are available for review during regular office hours in the office of the Clerk of the Council, second floor, and the Law Library, basement, County Courthouse, 311 Grand Avenue, Bellingham, Washington. Dated this 4th day of August, 1986. WHATCOM COUNTY COUNCIL WHAT COUNT AS. NGTON onald ey, Chairma ATTEST: &tw L Carol Ebergson Clerk of the Council Publish in the Bellingham Herald August 6, 1986 WILSON.H. BEYER 141A. East Laurel Road Bellingham Wash 98226 398 -1790 July_- 8;1986 7'1 TO : ALL WHATCOM COUNTY COUNCIL MEMBERS REGARD :: ZONING NEW TITLE 20 At your final meeting you voluntarily zoned the southeast corner of Guide Meridian and Laurel Rd, Namely Fjellman Short plat 5 acres into a commercial zone. I am not sure where to begin or whom.to accuse of the error in doing so , so I will explain my position. March ,1985 Walter Holz proceeded to short plat some of his property, (item 10 on small map) and in doing so was required to construct a new easement road along side his property, and adjoining Ray Fjellmans 5 plus acres. I contacted Fjellman and suggested short 'platting his property into 4 lots, and join Mr Holz in the new road construction. At that time in March 1985 the Title 20 proposed zoning showed the property south of the Laurel Roadon the Guide Meridian area to be zoned 5 acre. Property north of the Laurel Road as commercial . I used this factor to encourage Mr Fjellman to short plat- -r.nk- lieu of waiting longer and the new zoning would prohibit a short plat on acreage of only 5 acres. My personal interest was to be able to purchase a portion of the property for a homesite , which had been ourhopes for years along with dozens of people wanting a homesite on the hill. Mr Fjellman was not able financially to short plat, so my wife and I purchased th east half of the property at a premium price and I offered to pay for all the platting costs. I filed the application for short plat in r,1985 and 6n April 15, 1986 the Mylar was signed and recorded. During the entire process I spent many hours at the planners, engineers and health depts, and always during the process the zoning remained a suggested 5 acre minimum for our property, and-it always looked like the sensible thing to do, to short plat into 4 lots, creating a development continuous to the Holz property adjoining on the east. (see small map) After recording the Mylar for Fjellman Short Plar, my wife and I closed the deal on lots 2 and 3 of the Short Plat (namely the east half of Fjellmans 5 acres ) By the time all easements were taken off the approximate 5 actes we ended up with 1.3 acre lots. On June 13 th we sold Lot #2 to a client wishing a view lot to construct a home . Deal finallized June 30 th , and he is-cready to buiJR, FACTS A FIGURES SHOWING THE COMMERCIAL ZONE IMPOSSIBLE . 1. Our short plat was never questioned regard zoning, no one ever contacted us to suggest a commercial zone, we finalized one of the best short plats I have ever developed, I am into way over my projections, but do have the lot we had wanted years. At the time of selling Lot 2 on JUne 13 th there was no indication that you considered zoning the property into commercial. Now the purchaser of Lot 2 and myself cannot even apply for --a'- building permit, since residential is not allowed in Comm- _ cial zone. 1 2. $ Water system now called Fjellman Water Association. after many many meetings and water tests etc, we were approved to use the well for 6 residents, the 4 lots being developed, plus my own residenseon lot 6 of small map and Byemans residense on lot 4 of small map. Articles of Incorporation have been filed , by -laws written, and above all, we were granted a Class 4 system , which limits the usage to only residetial. The Mexican resturant had been using it but was required to hook onto Deer Crrek, a Class 2 system, law being no public or commercial usage on Class 4 systems. I installed new pump an-d tanks, 1000 feet line, new pump house , have Byemans and my homes now using the water, have invested $4400.00 in the system. All would be lost to the commercial zone . 3. Road information. We were flattly refused at the beginning of the platting to use the old road up the hill from the Guide , even with the possibility to develop the third lane south beyond the property , which was estimated at some $90,000.00 We had planned to use the Guide for the lots 1 and 4 and the Laurel road easement road for lots 2 and 3, so after the Guide problem we used the easement road for all 4 lots and constructed an easement road westerly to serve lots 1 and 4. We had many meetings with the engineers to finally get a variance from the required 24 ft blacktop road om 60 ft easement, down to a 16 ft on 50 ft easement. The problem was the eventual usage would be 13 residenial lots and 12 lots were maximum on the 16 foot road. Now the commercial zone wipes out any possibility of having an access without convincing the state by dept that the will allowGuide access at all, and then be prepared to spend close to 100 grand to do it. Only other option is the easement road up the hill, and that easement belongs to all the residents on the east side, and they would never never consider that, all being afraid and determined they dont want commercial on the hill. 4. CONCLUSION All factors show the impossible usage of the property for commercial It has created a $44,000.00 investment on my part which is my total investment to be completely wiped out I am asking for a peaceful and immediate reversal of the zoning as it stands, we do not have the time to go thru a re -zone etc . I will attend the July 17th meeting and will be represented also by some of govermental departments in person or by letter. Sincerely, r - -- c . RD. MO.Joi —< -- --- - - - - -- - - -- — - - - -- a r ;so' Iso• "° w, •o h y I ego,= —�-� -- — iso• a � I boo' • I I ' e1y. ZZ ' O ;(99.4 IHG1�i i�.ccs 15S.ob' /vG.r; �.� ® 21 ,; 30 } Tll� 929 0 % - — — - y v c sa4u ! 3 .00oS' 96 .IGS •51.°.8. S�'A�.,. // �8.14J' 81.26 %'1140. � VO � 20 \� 19 r CIT 1 ��4o�'Govt °�Eue V• el -d. Nett E + Phone 676 -6690 384 -1403 SCAN 644.6690 COUNTY COUNCIL 311 Grand Avenue Bellingham, Washington 98225 July 14, 1986 Wilson H. Beyer 141A E. Laurel Road Bellingham, WA 98226 Dear Mr. Beyer: Donald d. Hansey C. J. Johnson R. W. "Bob" Muenscher J. V. "Jim" Hawley, Jr. William P. Roehl Daniel M. Warner Tom Burton We are in receipt of your letter of July 8 in which you point out that the Council has apparently zoned certain property you own as commercial, when in fact you have recently obtaiped a short plat for which the appropriate zoning would be residential. We are investigating this matter, as it appears that the Council inadvertently made this zone change. If in fact it is more appropriate that this property be zoned residential we will immediately take the necessary steps to make this change. Let me assure you that any change from residential to commercial of property which should have been left residential was unintentional on the part of the Council. Our motive was to assist the property owners rather than hinder them. You should be receiving more information on this matter in the immediate future. Sincerely yours, 471�tadja�t Donald G. Har DGH / a f cc: Council Members Bill Trimm, Planning Phone 676.6690 384 -1403 SCAN 644 -6690 Gam!/ /ti�GLi�(/ �� .:.. Donald Hansey COUNTY COUNCIL C.J. Johnson 311 A. W. "Bob" Muenscher Bel Grand Avenue Bellingham, Washington 98225 J. V. "Jim" Hawley, Jr. William P. Fioehl Daniel M. Warner Tom Burton M E M 0 R A M D U M TO: Peggy Hinton, Chairperson, Whatcom County Planning mmisslon FROM: Don Hansey, Chairperson, Whatcom County Council , DATE: July 15, 1986 SLIBJECT: MAP AMENDMENT TO LYNDEN/NOOKSACK VALLEY COMPREHENSIVE PLAN AND ZONING MAP The County Council Is In receipt of a letter from Mr. Wilson Byers in which he is requesting the Council to amend the Lynden /Nooksack Valley Comprehensive Plan and Zoning Map for his property situated southeast of the Intersection of the Guide Meridian and Laurel Road. Mr. Byers requested his property be amended from General Commercial to Rural 5 Acres consistent with the Planning Commission's original recommendation for this property. When the Council enacted the Comprehensive Plan and Zoning amendments for the Lynden /Nooksack Valley Subarea, we inadvertently designated Mr. Byers' property General Commercial, which Is Inconsistent with his current plans for residential uses on the property. Since the County Council officially enacted the Lynden /Nooksack Valley Comprehensive Plan and Zoning Map, It is necessary for a public hearing to be held at the Planning Commission level to consider his request. Therefore, I would suggest the Planning Commission conduct a public hearing as soon as possible to consider this amendment and forward your recommendation to the County Council for our immediate action. Thank you for your immediate attention on this matter. y y. FJ N Z�P1- -1439.;vu LEGAL DESCRIPTION THE NORTH 726.5 FEET OF GOVERNMENT LOT 3, SECTION 19, TOWNSHIP 39 NORTH, RANGE 3 EAST OF THE W.M., EXCEPTING THEREFROM THE EASTERLY 600 FEET THEREOF AND EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE CENTER OF THE INTERSECTION OF THE RIGHTS OF WAY OF THE GUIDE MERIDIAN AND LAUREL ROADS; THENCE SOUTHERLY DOWN THE CENTER OF THE GUIDE MERIDIAN ROAD A DISTANCE OF 225 FEET; THENCE NORTHEASTERLY TO A POINT LYING 630 FEET WEST OF THE EAST LINE OF SAID GOVERNMENT LOT 3 AND 130 FEET SOUTH OF THE CENTER OF LAUREL ROAD; THENCE NORTH 130 FEET; THENCE WEST TO THE POINT OF BEGINNING. EXCEPT THE NORTH 506.58. FEET OF THE EAST 30.00 FEET OF THE ABOVE DESCRIBED PARCEL (TOGETHER WITH INGRESS, EGRESS AND UTILITY EASEMENT RIGHTS OVER SAID 30 FOOT STRIP). EXCEPT ROADS. SITUATE IN WHATCOM COUNTY, WASHINGTON. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND AGREEMENTS OF RECORD. JOINT ROAD MAINTENANCE AGREEMENT NOTE: ALL COSTS OF MAINTAINING, REPAIRING, IMPROVING OR OTHERWISE CONNECTED WITH SAID EASEMENT(S) SHALL BE BORNE EQUALLY BY THE RESPECTIVE LOT OWNERS AS SHOWN ON MAP, WHO USE SAID EASEMENT. SAID COSTS SHALL THERE- FORE BECOME AN ENFORCEABLE LIEN AGAINST ANY LOT WHOSE OWNER(S) REFUSE(S) TO PARTICIPATE IN THE MAINTENANCE, REPAIRS OR IMPROVEMENTS MADE BY AGREEMENT OF THE OTHER OWNERS. THIS PROVISION SHALL BE CONSTRUED AS A COVENANT RUNNING WITH THE LAND. DECLARATION WE, THE UNDERSIGNED OWNERS, HEREBY DECLARE THIS WITH OUR WISHES. ACKNOWLEDGEMENT STATE OF WASHINGTON SS COUNTY OF WHATCOM SHORT PLAT IS MADE WITH OUR FREE CONSENT AND IN ACCORDANCE ON THIS A/ DAY OF_ 140, e,� 119 814 BEFORE ME, THE UNDERSIGNED, APPEARS L sh L F. Oman P uld? r oP A4oe -ntV ,for Eay. TO ME KNOWN TO BE THE INDIVIDUALS HEREIN DESCRIBED AND WHO EXECUTED THE F(TREGOING DECLp;°_4TION AND ACKNOWLEDGEI, TO ME THAT THEY SIGNEE CIE SAME FOR THE USES AND PURPOSES THEREIN SET FOR WITNESS WHER IF HAVE SET MY HAND AND AFFIXED MY U'rFICIAL SEAL THE DAY AND YEAR FIRST WRITTEN ABOVE. NO Y PUBLIC IN AND FOR THE STATE:— ',WASHINGTON RES DING AT Q1��1►1�%►pr^ TECHNICAL COMMITTEE APPROVAL EXAi1INED AND APPROVED BY THE TECHNICAL COMMITTEE IN ACCORD?CE WITH WHATCOM COUNTY SUBDIVISION REGULATIONS THIS �! `', DAY OF !'y.'�c ! c... 19 c. 6 CHAIRPERSON, TECHNICAL COMMITTEE O �o�� clrJay.E'fl; �nctJUivr -�r1T • �T I R-ot� pi � w� j'L.o -yf I G �� C� 1313P�� o Fctjr-jp I r2,r, I PI f:7e, E «P AUDITORS CERTIFICATE Filed for record this /S *ay o4 at /O_/ i�r. in values_ of short plats, at page_ a'L_ tcoe Countv Auditor's' office �A57Z aF f 52 !AR r j ee:i P-�c of 15L1ftvEy elL-ev LjNmz- P�nID � # I�J�J'ry i�•��I�L�'ol , Z N D- 0 Q Z 16 SURVEYOR'S CERTIFICATE This map correctly represents a sonny made by me or Ioder my direction is conformance with the requirements of.WflA9r.,AWA-Oo. TITLE .21 at the repast Certificate Ae.. ...... .. . . r I q)K i a 0 z �v' a of iJ 09° 2 -5z" W L-AsoJFz F f _ I Exi�InlC� Sao � wt� inlai -•��-. c� P+Jr7 l.frl uTjE� �Q.�ME_r1T ---� Q•¢ � I�J1019 Z ' � I a y� i1✓Q F- r� I0,° Z I E � ;:xi�itir•�. -. - 3 EAsc'n^��lT Q �F� 1�1E81ga P' e r-1 eo-9° zz 6�z-" w U 1 • arJD Ul' � �i'rf E5 �o.SEfnF�T �j rJ EST° 2z' jea w s O �"- N Q C25eiragsw d=v= TIHgr-- N �,1 o i 4 `l � I MR- Icy " OWN BY VP151 DATE 108 N0. Fulda ar ..'. seat SWEET