HomeMy WebLinkAboutord1985-013U
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1 DATE: February 7, 1985 PROPOSED BY: Council
2 INTRODUCED BY: Consent
3
4 ORDINANCE NO. 85 -13
5 AN ORDINANCE AMENDING THE COMPREHENSIVE
PLAN MAP FROM "AGRICULTURE" TO "TOURIST
6 COMMERCIAL" AND AMENDING THE INTERIM
ZONING MAP FROM "AGRICULTURE" TO
7 "TOURIST COMMERCIAL" AND AMENDING
WHATCOM COUNTY CODE 20.63 AS IT
8 RELATES TO CONDITIONAL USES IN
TOURIST COMMERCIAL.
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10 WHEREAS, the Whatcom County Planning Department, on
11 November 29, 1984 received an application and environmental check -
12 list from Arthur J. Humphreys, Inc. to amend the Comprehensive Plan
13 Map from "Agriculture" to "Tourist Commercial" and to amend the
14 Interim Zoning Map from "Agriculture" to a "TOURIST COMMERCIAL
15 DISTRICT" for a 6.53 acre area; and,
16 WHEREAS, the Whatcom County SEPA Official reviewed the
17 application and entered a Declaration of Non - Significance pursuant
18 to the appropriate laws on January 7, 1985 as it applied to the
19 application; and,
20 WHEREAS, the required public hearing was held on January
21 15, 1985 in order to discuss the issue; and,
22 WHEREAS, the area in question is more commonly known as
23 the Lynden Border Crossing, where the Guide Meridian crosses the
24 international boundary and presently there exists businesses which
25 are required to move as a result of expanded federal activity in
26 the area; and,
27 WHEREAS, a request was received by the Planning Commis -
28 sion and reviewed who, after review, have recommended that the
29 amendment be granted on certain conditions which are:
30 1. That as many trees as possible should be retained
on the property which the applicant intends to
31 purchase to provide site screening for his use
from the adjoining agriculture operations;
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ORDINANCE - 1.
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1 2. The zone periphery buffer requirement of
the "Tourist Business" zone should be
2 complied with by U.S. Immigration and
Naturalization Services and other uses
3 in the district with the intent of
minimizing impacts to adjoining agricultural
4 operations;
5 3. Health Department approval should be given
for water provision and septic disposal
6 for uses within the proposed "Tourist
Commercial" District;
7
4. Necessary permits shall be obtained from
8 the State Department of Transportation for
access to the Guide Meridian; and,
9
10 WHEREAS, these conditions are consistent with the
11
mendment criteria when considering a rezone which are that the
12 amendment serves the public welfare warranted by changed circum-
13
stances, developed in response to the change in circumstances; and
14 are consistent with zoning and the Comprehensive Plan; and,
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WHEREAS, this proposal is consistent with the Tourist
16 Commercial Zone and is presently necessary because of the Federal
17 Government expanding their Board of Facilities; and,
18 WHEREAS, the proposed amendment area is the minimum re-
19 quired to acccnrodate the existing uses and provide for the expansio
20 thereof; and,
21 WHEREAS, the Council finds that the conditions proposed
22 by the Planning Commission are appropriate and allow the proposal
23
to comply with the Comprehensive Plan and Zoning Ordinances as
24 it applies to Commercial Tourist as the surrounding area is agri-
25 cutural which is a use of substantially different character;
26 NOW, THEREFORE, BE IT ORDAINED THAT the Zoning Map and
27
the Comprehensive Plan Map shall be amended in conformity with
28 Exhibit "A" which is attached hereto and incorporated herein,
29
changing the 6.53 acre from "Agriculture" to "Tourist Commercial ";
30 BE IT FURTHER ORDAINED that the Whatcom County Zoning
31 Ordinance 20.63 shall be amended, by inserting a new section, as
32 follows:
ORDINANCE - 2.
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.155 Public uses, which because of locational
requirements, are necessary in the Tourist
Commercial district; provided, the uses are
consistent with Tourist Commercial policies,
the purpose of the district and its attendant
rovisions.
DATED this 21st day of February , 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
-ATTEST:.,
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14 CAROL EBE GSON,
Clerk of the Council
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APPROVED AS TO FORM:
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23 RANDALL J. WATTS,
Deputy Prosecuting Attorney
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BY:
W 1 LL 1 AAA P. ROEIiL
Chairman
X APPROVED ( ) VETOED
A%q.
SHIRLEY VAN ZAN N,
County Executive
DATE: February 22, 1985
Published on 2 -13 -85 and 2 -27 -85
This ordinance becomes effective on 3 -4 -85
ORDINANCE - 3.
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2MT 6 -84 ZONE MAP AMENDMENT: AGRICULTURE To TOURIST �O,MMERCIAL
Cif 6-84 COMPREHENSIVE PLAN MAP AMENDMENT: AGRICULTURE To
TOURIST COMMERCIAL
APPLICANT: ARTHUR J, HUMPHREYS, INC,, REPRESENTED BY
DENNIS HOLMSTROM
T NTERNAT T ONAL "QER
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AMENDMENT AREA
SECTION 36, TOWNSHIP 41
NORTH, RANGE Z EAST
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SECTION 31 TOWNSHIP 41
NORTH, RANGE 3 EAST
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January 9, 1985
File Ref: CM 6 -84
ZMT 6 -84
WHATCOM COUNTY PLANNING DEPARTMENT AGENCY REPORT
APPLICANT: Arthur J. Humphreys, Inc.
Dennis Holmstrom, President
P. 0. Box 248
Sumas, WA 98295
REQUEST: The applicant, Arthur J. Humphreys, Inc., represented by
Dennis Holmstrom, is requesting a comprehensive plan map amendment
from "Agriculture" to "Tourist Commercial" and a zone map amendment
from "Agriculture" to "Tourist Commercial" of Title 20: The Official
Whatcom County Zoning Ordinance. The comprehensive plan map and
zonin4 map amendment requests pertain to a 6.53 acre area. In
addition, the following conditional use is suggested for inclusion in
the Tourist Commercial zone, Chapter 20,63 of Title 20: The Official
Whatcom County Zoning Ordinance.
.155 Public uses, which because of locational
requirements, are necessary in the Tourist
Commercial district; provided, the uses
are consistent with Tourist Commercial
policies, the purpose of the district
and its attendant provisions.
LOCATION: The subject property is situated in Section 36, Township 41
North, ange 2 East and Section 31, Township 41 North, Range 3 East.
The area is more commonly known as the Lynden Border Crossing where
the Guide Meridian intersects the International Boundary.
STATE ENVIRONMENTAL POLICY ACT (SEPA): Pursuant to R.C.W.
43.21C.0 0 2.c. , the Whatcom County SEPA Official issued a
Declaration of Non- Significance on January 7, 1985.
LEGAL NOTICE: Pursuant to R.C.W. 36.70.390 and .590, a legal notice
was published in the Westside Record Journal, the official county
newspaper and newspaper of general circulation, on Wednesday, January
2, 1985. Notices were also mailed to property owners in the proposed
amendment area, as well as to property owners within 300 feet thereof.
REGULATORY EFFECTS OF THE REQUEST: The zone map, comprehensive plan
map and zone text amendments from "Agriculture' to "Tourist
Commercial" would cause existing.uses associated at the Lynden Border
Crossing to become legal conforming uses. Presently, such uses are
legal non - conforming uses in the "Agriculture" district. In addition,
the map amendments would facilitate the relocation of the applicant's
business to the east side of the Guide Meridian, which otherwise would
not be possible with the present zoning. The applicant must relocate
,ecause General Services Administration will acquire his and other
properties with the intent of increasing federal property ownership to
expand the U.S. Immi4ration and Naturalization Services. Thus, the
amendments would facilitate the relocation and continuation of the
applicant's business, as well as legitimize other existing uses.
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PENDING DEVELOPMENT: Contingent on approval of the map and zone text
amendments, the applicant proposes to relocate his customs brokerage
business to the east side of the Guide Meridian. To do so, the
applicant intends to purchase approximately one -half acre from an
adjoining 74.43 acre farm. In addition, the U.S. Immigration and
Naturalization Service will expand from its present one -half acre
property to a total area of 4.53 acres. To do so, General Services
has acquired the applicant's property, and will acquire 2.53 acres
from an adjoining 36.42 acre farm, as well as an additional acre from
another property owner.
HISTORY OF THE EXISTING ZONE AND COMPREHENSIVE PLAN' DESIGNATION:
Pursuant to the County -wide Comprehensive Land Use Plan of 1970, the
subject area was designated Agriculture. In 1972, the area was zoned
"Unclassified" and in 1976, was amended to "General Protection ". In
1978, the area east of the Guide Meridian was zoned "Agriculture" and
in 1979, the area west of the Guide was zoned "Agriculture ". The
Lynden-Nooksack Valley Subarea is currently being evaluated for
updated comprehensive plan designations and zone districts. To this
end, the Planning Staff has been meeting with the Agricultural
Advisory Committee, a group which is advisory to Planning Commission.
To date, the Committee has recommended that the subject area be
planned and zoned Tourist Commercial.
EXISTING CONDITIONS
Environmental Features: The site is flat and has an elevation of
approximately 140 feet above sea level.
The area is underlain by Sumas Outwash, a surficial geologic unit
which is composed primarily of gravel at this location.
Birchbay silt loam, 3 -8% slopes is the dominant soil in the area. It
is very deep, moderately well drained, has a capability subclass of
2e, and is classified "Prime" by the Soil Conservation Service. The
soil has a severe limitation for septic filter fields because of
seasonal soil wetness and rapid percolation at depths below two feet.
A small amount of Pangborn muck, 0-2% slopes, is situated in the
extreme northwest corner of the subject area. The soil is deep and is
artificially drained. A high water table between 0.5 and 1.5 feet of
the ground surface can occur between October and May. The soil has a
capability subclass of 2w and it is classified as "Prime when Drained"
by SCS. The soil has a severe limitation for septic filter fields
because of soil wetness.
The regional groundwater level is estimated to be between 120 and 140
feet above sea level, or within approximately 20 feet of the ground
surface. Because of the presence of Sumas Outwash, groundwater yields
are expected to be high.
The majority of the area is cleared and used for business, Customs or
agriculture. A small stand of trees is situated in the southeast
portion of the subject area. Wildlife consists of birds.
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Services
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applicant
farm.
Individual on -site wells provide the source of domestic
existing uses. With Health Department concurrence, the
will obtain water from the well situated on the Noteboom
On -site septic drainfields accommodate domestic wastewater disposal
for existing uses. On -site disposal will continue to be the primary
method of wastewater disposal. With Health Department concurrence,
the applicant may use a holding tank.
Transportation: The Guide Meridian, a state highway, bisects the
subject area, directing traffic to and from the International Border.
Access to all present and proposed uses will be from the Guide. In
addition, Boundary Road intersects the Guide on the east and is
situated parallel to the International Border.
Existing Land Use: The 6.53 acre area which is the subject of the
proposal, is composed of several uses. One -half acre on the west side
of the Guide is used for U.S. Immigration and Naturalization Services
(Customs). This ownership will be expanded to 4.53 acres and will
absorb other nearby existing uses on the west side of the Guide. The
applicant's business, a customs brokerage, is presently located
directly south of the existing Customs facility on one -half acre of
property. One -half acre parcel located south of the applicant's
property is presently vacant. South of the vacant land and located on
ie -half acre is a rented residence. The remaining 2.53 acres on the
west side of the Guide is part of a thirty -six acre farm.
Two acres of the proposal are situated on the east side of the Guide.
One and one -half acres are owned by the export business which was
formerly located on the west side of the Guide. Approximately
one-half acre of the existing ownership is presently developed and one
acre has the potential for future development. South of this parcel
is one -half acre which the applicant intends to purchase for the
relocation of his customs brokerage business. Presently, this site is
wooded and is associated with a 74 acre farm, the owner of which is
amenable to selling one -half acre of his farm to the applicant.
ANALYSIS & EVALUATION
Amendment Criteria: The three criteria to be evaluated when
consideri g a rezone include whether the proposal serves the public
welfare, is warranted by changed circumstances and generally conforms
to the comprehensive plan. The proposal will accommodate uses which
can be used by the general public and can, thus, be found to serve the
public welfare. The proposal has been developed in response to the
change in circumstance precipitated by the imminent expansion of the
Customs facility and the necessary relocation of the applicant's
business. In addition, publication of the Lynden- Nooksack Valley
Subarea Background Document, as part of the comprehensive plan and
,-oning update process, has provided additional information. The
:oposed zone change is accompanied by an attendant comprehensive plan
change; thus, both land use considerations are in conformance. In
summary, the proposal conforms with commonly considered amendment
criteria.
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Analysis: The proposed comprehensive plan map and zone map amendments
rof m "Agriculture' to "Tourist Commercial" will make existing uses
legal and conforming. The proposal will also enable the applicant to
relocate to the east side of the Guide Meridian; an action which is
necessary because Customs is expanding their facility and will
purchase the applicant's present property. Designating and zoning the
subject area 'Tourist Commercial" is consistent with the current
efforts relative to the comprehensive plan and zone update process for
the Lynden- Nooksack Valley Subarea. The present amendment request has
occurred because the applicant could not wait until the subarea -wide
update process had been completed in several months. The expansion of
Customs required immediate action. Thus, the proposal will move ahead
in time, adoption of the "Tourist Commercial" plan designation and
zone for the area, which otherwise would take several months to adopt.
Summary of Findings:
1. The applicant has submitted all required information for a
comprehensive plan map and zone map amendment request, and has
paid the necessary fees.
2. The public hearing has been legally advertised pursuant to.RCW
36.70 and meets all requirements addressing time, place and
purpose of the meeting. In addition, property owners within
the proposed 6.53 acre amendment area and property owners
within 300 feet thereof, have been sent a legal notice.
3. The SEPA Official has reviewed the environmental checklist and
issued a Declaration of Non - Significance on January 7, 1985.
4. The proposed 6.53 acre "Tourist Commercial" plan designation
and zone area is flat. The primary soil is Birchbay silt
loam, 3 -8% slopes.
5. On -site wells and septic disposal systems currently provide
domestic water and sanitation.
6. The Guide Meridian bisects the proposed 6.53 acre "Tourist
Commercial" area and access to all existing and future uses in
the district will be from the Guide.
7. Existing land uses in the proposed "Tourist Commercial" area
include the Customs facility, a customs brokerage, vacant
land, a residence, an export business, a one -half acre
slightly wooded area, and 2.53 acres of agriculture.
8. Subsequent to adoption of the proposed amendments, 4.53 acres
will be used for Customs, one acre will be used for tourist
commercial uses and one acre will be available for additional
tourist commercial uses.
The one -half acre which the applicant intends to purchase is
semi - wooded and the applicant intends to retain as many trees
as possible.
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10. The proposal conforms with the generally acknowledged
amendment criteria for a rezone.
11. The proposal is consistent with the current recommendations
of 'Tourist Commercial" by the Agricultural Advisory
Committee, as part of the Lynden-Nooksack Valley Subarea
land use update process. Therefore, the proposal will move
ahead in time, adoption of the "Tourist Commercial" plan
designation and zone for the area, which would otherwise
take several months to adopt.
12. The proposal is presently necessary because Customs will
soon expand to include the applicant's property and he needs
a parcel for relocation.
13. The proposed amendment area is the minimum required to
accommodate existing uses and provide for the expansion
thereof.
RECOMMENDATION: Notwithstanding public testimony, the Whatcom County
Planning Department recommends adoption by Planning Commission of the
"Tourist Commercial" comprehensive plan map and zone map amendments
for the Lynden Border Crossing area, as well as the "Tourist Business"
zone text amendment; consistent with the findings contained herein and
further, that the Planning Commission recommend adoption of the
proposal by Whatcom County Council. Said adoption recommendations
should also consider the following conditions.
1. As many trees as possible should be retained on the property
which the applicant intends to purchase to provide site
screening of his use from the adjoining agricultural
operation.
2. The zone periphery buffer requirement of the "Tourist
Business" zone should be complied with by U.S. Immigration
and Naturalization Services and other uses in the district
with the intent of minimizing impacts to adjoining
agricultural operations.
3. Health Department approval should be given for water
Provision and septic disposal for uses within the proposed
'Tourist Commercial" district.
4. Necessary permits shall be obtained from the State
Department of Transportation for access to the Guide
Meridian.
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PLANNING COMMISSION RESOLUTION
1.5 January 1985
File Ref: r ,6p4
J Do
JAN 985
IN THE MATTER OF AMENDING THE COMPREHENSIVE
PHATCOM
COUNTY
PLAN MAP FROM ".AGRICULTUR.E" TO "TOURIST
)
(,'QIi�1P I
COMMERCIAL" AND AMENDING THE INTERIM ZONING
)
t NGS,
MAP FROM "AGRICULTURE" TO THE TITLE 20,
)
REASONS,
"TOURIST COMMERCIAL" DISTRICT FOR A 6.53 ACRE
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AND
AREA SITUATED AT THE LYNDEN BORDER CROSSING
)
MOTION
AND AMENDING THE TEXT OF THE TITLE 20,
)
"TOURIST COMMERCIAL" DISTRICT.
)
WHEREAS, Whatcom County Planning Department on November 29, 1984,
received an application and environmental checklist from Arthur J. Humphreys, Inc. to
amend the Comprehensive Plan map from Agriculture to Tourist Commercial and amend
the Interim Zoning Map from Agriculture to the Title 20, Tourist Commercial district for
a 6.53 acre area; and
WHEREAS, pursuant to RCW 43.21C.030 (2.c.) and WAC 197 -10, the Whatcom
County SEPA Official issued a Declaration of Non - Significance on January 7, 1985; and
WHEREAS, pursuant to RCW 36.70.390 and .590, notice of public hearing was
published Wednesday, January 2, 1985, in the Westside Record - Journal which is the
official county newspaper and newspaper of general circulation for the area; and copies
of notices were sent to property owners within the affected area, as well as within
300 feet thereof; and
WHEREAS, the Planning Department prepared the Tourist Commercial zone text
amendment; and
WHEREAS, the Planning Department reviewed the amendment request and
submitted a staff report dated January 9, 1985, which is attached hereto as Attachment
"Art; and
WHEREAS, the Planning Commission conducted a public hearing on January 15,
1985, wherein a quorum of the Commission was present;
NOW THEREFORE BE IT RESOLVED:
1. That the Planning Commission asserts the Findings and Reasons for Action, and
Recommended Conditions, as presented in the Staff Report, Attachment "A"; and
2. That the Planning Commission recommends to the Whatcom County Council, the
amendment of the Comprehensive Plan map from Agriculture to Tourist
Commercial and the amendment of the Interim Zoning Map from Agriculture to
Title 20, Tourist Commercial for a 6.53 acre area situated in Section 36,
Township 41 North, Range 2 East and Section 31, Township 41 North, Range 3
East; and the amendment of the Tourist Commercial zone text; consistent with
the conditions of recommendation as described in the Staff Report, Attachment
flAtt.
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3. The Chairman and Secretary are hereby directed to place their signatures on the
document and transmit same to the Whatcom County Council.
Done and passed by a majority vote, this 15th day of January 1985.
WHATCOM COUNTY PLANNING COMMISSION.
C�
ohn Vanderhage, Chair an
William-G. 7rim m, Secretary
LIST OF ATTACHMENTS:
Attachment "A" - Whatcom County Planning Department Staff Report