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Home My WebLink Aboutord1984-0641 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 ti• I DATE: 6T21 18A P P-- INTRODUCED PROPOSED B1 ORDINANCE NO. 84 -64 AN ORDINANCE AMENDING THE INTERIM ZONING MAP FROM "AGRICULTURE" TO "GENERAL PROTECTION" FOR A FORTY -SIX ACRE PARCEL SITUATED IN SECTION 7, TOWNSHIP 40 NORTH, RANGE 4 EAST. WHEREAS, the Planning Department has received an applica- tion to amend the Interim Zoning Map from "Agriculture" to "General Protection" for a forty -six acre parcel situated in Section 7, Township 40 North, Range 4 East; and, WHEREAS, pursuant to RCW 43.21.080(2) and WAC 197 -10, the Whatcom County SEPA Official issued a Final Declaration of Non - Significance; and, WHEREAS, the Planning Commission has conducted a public hearing upon the application and formulated Findings, Reasons and a Motion recommending approval of the application; NOW, THEREFORE, BE IT ORDAINED as follows: 1. That the Interim Zoning Map is hereby amended from "Agriculture" to "General Protection" for the forty -six acre parcel situated in Section 7, Township 40 North, Range 4 East in accordance with the Findings, Reasons and Motion of the Planning Commission which are attached hereto and incorporated herein as Exhibit "A ",,as amended. 2. The Chairperson is authorized to execute any documents necessary to carry out the terms of this Ordinance. DATED this 5th day of July 1984. WH M COUNTY COUNCIL WErATCOM COUNTY .,, W-AtHINGTON ORDINANCE - 1. irper on 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 ATTEST: Clerk of-. •the_ Co eil APPROVED AS TO,FORM: BRUCE L. DISE D, Deputy Prosecuting Attorney (30 APPROVED ( ) VETOED L SHIRLEY. VAN ZANTE , Executive Date: July 6, 1984 (Published 6/27/84 and 7/11/84 ORDINANCE - 2. f J May 21, 1984 File Ref: ZM 3 -84 EXHIBIT A WHATOOM COUNTY PLANNING AGENCY REPORT Ord. #84 -64 PLANNING COMMISSION RESOLUTION IN THE MATTER OF AMENDING THE INTERIM ) ZONING MAP FROM "AGRICULTURE" TO ) FINDINGS, REASONS "GENERAL PROTECTION" FOR A FORTY -SIX ) AND MOTIONS ACRE PARCEL SITUATED IN SECTION 7, ) TOWNSHIP 40 NORTH, RANGE 4 EAST ) WHEREAS, Whatcom County Planning Department on March 13, 1984, received an application and environmental checklist from Lynden Ready Mix, Inc. to amend the Interim Zoning Map for a forty -six acre parcel from Agriculture to General Protection; and WHEREAS, pursuant to RCW 43.21.080(2) and WAC 197 -10, the Whatcom County SEPA Offical issued a Final Declaration of Non - Significance on May 2, 1984; and WHEREAS, pursuant to RCW 36.70.590, notice of public hearing was published Wednesday, May 2, 1984 in the Westside Record - Journal which is the official county newspaper and newspaper of general circulation for the area; and copies of the notice were also mailed on April 27, 1984, to property owners within 300 feet of the boundary of the affected area; and WHEREAS, the Planning Department reviewed the amendment request and submitted a staff report dated May 1.0, 1984 which is attached hereto as Attachment "A"; and WHEREAS, the Planning Commission conducted a public hearing on May 15, 1984 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 ", with the exception of Condition No. 17; and 2. That Recommended Condition #17 contained in the Staff Report, Attachment "A ", be amended as follows: "The area should be considered for the Rai-al Agricultural plan and zoning designation and -zone during the Lynden - Nooksack Valley S-US-arca planning process." BE IT FURTHER RESOLVED: 1. That the Planning Commission recommends to the Whatcom County Council, the amendment of the Interim Zoning Map from 3 a Agriculture to General Protection for a forty -six acre parcel situated in Section 7, Township 40 North, Range 4 East, consistent with the conditions of recommendation as described in the Staff Report, Attachment "A ", as amended. 2. The Chairman and Secretary are hereby directed to place their signatures on the document and transit same to the Whatcom County Council. Done and passed by a majority vote this 15th day of May 1984. WHATCOM COUNTY PLANNING COMMISSION john Vanderh g , unairman William G. Trim, Secretary LIST OF ATTACHMENTS: Attachment "A" - Whatcom County Planning Department Staff Report 10 May 1984 File Ref: ZM 3 -84 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: Lynden Ready Mix, Inc. REQUEST: The applicant, Lynden Ready Mix, Inc. represented by Gerald Doornenbal, is requesting a zone map amendment from "Agriculture" to "General Protection" for an approximate forty -six acre parcel. LOCATION: The subject proerty Is situated in Section 7, Township 40 North, Range 4 East, one - quarter mile south of Pangborn Road and one-quarter mile east of Trapline Road. The subject property is owned by Robert McMurry and the map change request pertains to part of his 98.7 acre ownership. STATE ENVIRONMENTAL POLICY ACT (SEPA): Pursuant to R.C.W. 43.21.080(2), the Whatcom County SEPA Official issued a Proposed Declaration of Non- SIgnifIcance on April 17, 1884. A Final Declaration of Non - Significance was issued on May 29 1984. LEGAL NOTICE: Pursuant to R.C.W. 36.70.590, a legal notice was published in the Westside Record Journal, the official county newspaper and newspaper of general circulation, on Wednesday May 2, 1984. Notices were also mailed to property owners within 300 feet of the entire property owned by Mr. and Mrs. McMurry. REGULATORY EFFECTS OF THE RERUEST: The zone map amendment from "Agriculture" to "General Protection" would facilitate use of the site for a gravel extraction operation. Surface mining is a use which is reviewed through an administrative approval process in the General Protection zone and is a use which is not permitted In the Agriculture zone. PENDING DEVELOPMENT: Contingent on approval of the zone map amendment, the applicant proposes to conduct surface mining of sand and gravel. Between 50,000 and 80,000 cubic yards of material are expected to be extracted yearly. This is equivalent to an area between 1-1/2 acres in size that is 20 feet deep and an area that is 2 -1/2 acres in size that is 20 feet deep. The applicant hasn't stated for what period of time the pit is Intended to be used. The applicant has stated that gravel is intended to be extracted to a depth of 60 feet and the water table is thought to be at 65 feet below the ground surface. Screening, grading and washing are also intended to occur on -site and crushing is considered as a future possibility. It is estimated that twelve truck and trailer loads would be hauled from the site daily. Access is intended to be through the Glass property and two acre pit which are situated at the southwest end of the subject property. In addition to Whatcom County Administrative Approval for Surface Mining, the proposal would require a Surface Mining Permit and reclamation plan from the State Department of Natural Resources. HISTORY OF THE EXISTING ZONE AND COMPREHENSIVE PLAN DESIGNATION: Pursuant to the county -wide Comprehensive Land Use Plan of 1970, the subject property was designated Agriculture. In 1972, the subject property was zoned "Unclassified" and in 1976, the zone was amended to "General Protection." In 1979, the subject property -was zoned "Agriculture ;" The Agriculture plan designation and zone also apply to the surrounding area. EXISTING CONDITIONS: Topography: The site is situated on a terrace and is generally flat, with the exception of a slope on the south side. Elevations range between 110 and 140 feet m.s.l. Geologic Unit: The surficial geologic unit is Sumas Outwash which is composed primarily -of gravel in this locatibn. Expected groundwater yields are high due to the porosity of the material. Soils: Kickerville silt loam, 3 -8% slopes is situated on the subject site. Topsoil depth varies between 9 and 22 Inches, and composition Is silt loam. The capability subclass of the soil is 2e and it is rated as Prime by the Soil Conservation Service. The soil is suitable for growing hay, corn silage, raspberries and for pasture. Although the top soil has sufficient moisture holding capacity to provide satisfactory crop yields, production can be increased through summer irrigation. Occasionally, plowing reaches the subsoil causing gravel and cobbles to be turned up on the soil surface. Water: Because of rapid drainage in the subsoil, there is no surface water at the site. The regional groundwater level at the site is between 90 and 100 feet m.s.l. or approximately 40 to 45 feet below the ground surface on the upper terrace and near the ground surface at the base of the southern slope. The groundwater level is substantiated by a well log record for a parcel on the west side of Trapline Road in Township 40 North, Range 3 Fast, Section 12, which encountered water between 42 and 48 feet; Bert McMurry's well which has water at 43 feet; and a visual inspection of the Honcoop gravel pit to the east of the site which has excavated approximately 40 feet and encountered the regional water table. Flora and Fauna: The majority of the site is currently cleared and is used for pasture. A small stand of Douglas fir is situated on the east side of the site. No rare or endangered animals are known to frequent the site. Natural Resources: The site probably contains marketable quantities of gravel as evidenced by information concerning the geologic unit, as well as the existence of four other gravel pits in the immediate vicinity. Other parts of Whatcom County which have the same geologic composition and the same probable gravel resource, but aren't zoned Agriculture include Boundary Uplands east of Blaine, the Mountain View Uplands west of Ferndale, Birch Point, the Sumas Mountain foothills east of Nooksaek and part of the area situated southwest of Everson. - 2 - Domestic Water and Sewerage Dis sal: The site is currently used for pasture and thus, water and septic disposal aren't necessary. Residences in the vicinity obtain domestic and agricultural water through wells. Septic disposal is accomplished through on -site methods. Transportation: The site is situated approximately one - quarter mile south of Pangborn Road and one - quarter mile east of Trapline Road. There is no public road access to the site. Site access is through private easement. Existing nand Uses: The subject property and the remainder of the McMurry property are presently used for pasture. Surrounding land uses include agriculture to the northwest, north, southeast, south, southwest and west sides of the property. The areas to the northwest and east of the site are used for gravel pits. A Wilder pit is situated to the northeast and the property ownership is 28.45 acres in size. The actual extraction has occurred on approximately 12 acres and the area appears to be no longer used, although reclamation hasn't begun. The pit was in existence prior to the application of the Agriculture zone in 1979. Another pit is situated to the east of the Wilder pit and is owned by Mr. VanderVeen. It Is approximately seven acres in size and appears to be used periodically. The pit wtls In - - existence prior to the application of the Agriculture zone in 1979. A large active pit is situated directly east of the site. The property is approximately 35 acres in size and is owned by Len Hooncoop Gravel, Inc. Approximately 20 acres have and are being actively extracted, and reclamation has begun In a small area in the north eastern part of the pit. A portion of this pit existed in 1975 but the majority of extraction has occurred since 1978. A small two acre pit is situated at the southwest corner of the subject property. It appears to be periodically used and is owned by Mr. and Mrs. Glass. The pit was In use prior to application of the Agriculture zone in 1979. AMENDMENT CRITERIA: The two general criteria to be considered are that an error was possibly made in applying the present zone and that circumstances may have .changed since the zone was applied. In 1979, the Agriculture zone was applied to the subject property and surrounding area which were already designated Agriculture on the Comprehensive Plan. The Agriculture zone thus, implemented the Agriculture plan designation in a consistent manner. In 1979, the subject property was used for agriculture; therefore, it can be concluded that both the Agriculture plan designation and zone were appropriate. According to aerial photos from 1978, the subject property and surrounding properties were used for agriculture with the exception of the Wilder pit. Thus, it can be assumed that agricultural uses prevailed prior to this time and that the 1970 Agricultural plan designation was properly applied. The only possible error in zone application could pertain to the area occupied by the Wilder, VanderVeen and floncoop gravel pits. These areas changed in use from agriculture to surface mining since the 1970 application of the Agriculture plan designation. 3 Concerning the matter of changed circumstances, the site has been and continues to be used for agriculture. The adjoining gravel pits were in existence when the Agriculture zone was applied in 1979. Thus, it appears that the site hasn't experienced changed circumstances since application of the Agriculture zone. The only possible change in the vicinity since the 1979 ,Agriculture zone was applied pertains to intensified extraction at l the Honcoop pit; however, this use has "grandfather" status. ON -GOING STUDIES: The subject property is part of the Lynden - Nooksack Valley Subarea which is currently being evaluated for comprehensive plan designations and zone districts. To move toward determining appropriate land use designations and zones, Planning Department staff have been meeting with the Agricultural Advisory Committee. The purpose of the committee is to recommend to Planning Commission, appropriate areas for application of the Agriculture plan designation and zone, as well as appropriate land use designations and zones for adjoining areas. To date, the committee first recommended that the subject area be planned Rural and then reconsidered by suggesting that the area continue to be planned Agriculture. The basis for these actions relates to the existence of the gravel pits, difficult farm operations on ridge and swale topography to the southeast of the site, and the prevalence of intensive farm operations to the west, north and south of the subject area. Thus, the actions reflect that future planning could be for Agriculture or Rural, and the subject area could go either way. SUMMARY OF FINDINGS: 1. The applicant has submitted all required information for a zone map amendment request and has paid the necessary fees. The public hearing has been legally advertised pursuant to RCW 36.70 and meets all requirements addressing time, place and purpose of the hearing. 2. The SEPA Official has reviewed the environmental checklist and issued a Final Declaration of Non - Significance on May 2, 1984. 3. The site contains Kickerville silt loam, 3 -8% slope which has a 2e capability subclass and is considered Prime by the Soil Conservation Service. 4. The site probably has marketable quantities of gravel because of the Sumas Outwash geologic unit. 5. The regional water table is between 40 and 45 feet from the ground surface on the terrace portion of the site and near the surface south of the terrace base. 6. The site has been used for agricultural purposes since 1961 as evidenced by aerial photographs. 7. Properties directly to the north, northwest, west, south, southeast and southwest are used for agriculture and the majority have current use tax status. 8. Four gravel pits are situated in the immediate vicinity and began operation during the seventies. 9. The Agriculture plan designation was probably correctly applied to the site, as was the Agriculture zone. However, the Agriculture zone may have been _. inappropriately applied to the existing gravel pits. - 4 - 10. The Agricultural Advisory Committee, as part of the Lynden - Nooksack Valley - Subarea planning process, has at various times recommended both Rural and Agriculture plan designations and zones for the subject area; although presently the recommendation is for Agriculture. 11. The Rural zone of Title 20 conditionally permits surface mining and the Agriculture zone prohibits surface mining. 12. During the Lynden- Nooksack Valley land use planning process, a boundary line between the Agriculture plan designation and zone, and the Rural plan designation and zone will probably be situated in this section. If the zone map amendment is not granted, a suitable boundary line would he on the east side of the subject site which would extend to include the existing gravel pits. If the zone map amendment request is granted and the surface mining operation begins, the boundary of the Rural /Agriculture zone would probably be configured to Include the subject property. RECOMMENDATION: Notwithstanding public testimony, the viability of granting the zone map amendment from "Agriculture" to "General Protection" is not a clearly definable situation. An analysis of existing conditions and findings does not clearly support a recommendation for approval or denial. The site is in a transitional location between gravel pits and intensive agricultural uses. The timing of the zone map amendment request also is transitional because it is occuring during the Lynden- Nooksack Valley Subarea land use planning process. If Planning Commission decides to approve the map amendment request, the following items are recommended for consideration by the Director of Planning and the Director of Buildings and Code Administration during the Administrative Approval Process for Surface Mining, as required in the General Protection zone. 1. Excavation should begin at the south end of the site near the base of the terrace and proceed in a northward direction. 2. The topsoil should be stockpiled for use during reclamation, the soil should be protected from erosion while it is stocked and the soil should not be sold. 3. Reclamation should be accomplished in five acre increments after extraction has been completed on each five acre segment. Incremental reclamation should be assured through individual performance bonds. 4. Maximum depth of excavation should be no greater than five feet above the regional water table, i.e. excavation should not exceed 35 to 40 feet of depth in the northern part of the site or 100 feet mean sea level, unless It is demonstrated from reliable sources that the water table is at greater depth. 5. Written agreement from the Glass's concerning use of their access to Trapline Road should be furnished to the county. 6. The access road should be improved to county standards for the type of use and Haul Road Agreement should be obtained-from the County Engineer's Department. - 5 - 7. Days of operation should be consistent with usual business practices, namely Monday through Friday, and the operation should occur during day light hours only. 8. The Administrative Approval Process should just consider the extraction, grading, screening and washing activities. Crushing should be considered as a separate action and processed as such. 9. Side slopes should remain at least fifty feet away from adjoining parcels on the south, west and north sides. 10. Berms should be required to provide visual screening for adjacent properties. 11. Protective fencing should be provided to protect people and livestock. 12. All state laws shall be compiled with concerning surface mining, as administered by the Department of Natural Resources. Performance and maintenance bonds should be posted with the Department of Natured Resources in the amount required. 13. The reclamation plan should be carried out in accordance with county and Department of Natural Resources requirements. 14. To assure continued groundwater quality for surrounding uses and area safety, no noxious, hazardous, namable or combustible materials should be used for reclamation, including garbage or other refuse. 15. Reclamation should provide for topography that is conducive to conducting the previous use of the site which has been pasture land. 16. To minimize soil erosion, reclaimed areas should be revegetated as soon as possible. 17. The area should be considered for the Rural plan designation and zone during the Lynden- Nooksack Valley Subarea planning process. - 6 - i. i I I i • , 1 eel 41J.. :.:i:• Wow .. ZM 3+T-184 a t: I.Y DtN EA Y M X, INC. rr. .�••1 l .i• /V/ 1 y i ...rrr ►-" 7 ' ' ..." r orsl Rd.�� — - -•- siA7- Map 01 dm rit Re u st Area 1 1 AG ti %GP' 1 . Y• rM Mr �� _ ,w. rr. _ .rwwr rM rry.� r 1r cc//y�.. 1 wl+ ' C Murry Pr Sporly _r ail- , M 1 1 , East Badger Rd. r w. • 1.M11 :....M � 1 ' gob N• _. 1 1 i ! � Y..r• � Ty 1 ice.. rw•• r.. is ... - � - - r •_• -. .rte