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HomeMy WebLinkAboutord1982-0751 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 DATE October 7, 1982 INTRODUCED BY Hansey PROPOSED BY ORDINANCE NO. 82 -75 AN ORDINANCE AMENDING THE BIRCH BAY COMPREHENSIVE PLAN MAP FROM PARKS TO SUBURBAN AND AMENDING THE INTERIM ZONING MAP FROM RECREATION OPEN SPACE TO SUBURBAN FOUR FAMILIES PER ACRE IN REGARD TO A 3.69 ACRE SITE LQCATED WITHIN THE FORMER BLAINE AIR FORCE BASE WHEREAS, the Blaine Air Force Base has ceased operati and ownership of said property has been transferred to certain pub- lic agencies of Whatcom County, with the exception of a 3.69 acre site which has been purchased by a private party; and, WHEREAS, said party has petitioned the Whatcom County Planning Commission to amend the Birch Bay Comprehensive Plan and Interim Zoning Maps in order to allow the existing nine single family residence on said site, and the construction of four new single family residences therein,'to be identified as permitted uses instead of non - conforming uses; and, WHEREAS, the Whatcom County Planning Commission has reviewed this matter, prepared Findings, Reasons and a Motion recom- mending amending the Comprehensive Plan and Interim Zoning Maps of the Birch Bay Area in accordance with the request of the petitioner, as more specifically set forth in Exhibit "A" which is attached hereto and incorporated herein; NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL that the Birch Bay Comprehensive Plan Map designation for the subject property be amended from Parks to Suburban, and that the Interim Zoning Map be amended from Recreation Open Space to Suburban Four Families Per Acre, all as more particularly set forth in Exhibit "A ". PASSED this 21st day of October 1982. WHATCON. COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON BY: WILLIAM P. RO HL, ORDINANCE - 1. Council Chairperson 1 2 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,,- CLFB,�C T -1'0 N IL AP-PRO -VED 1AS TO FORM: BRUCEZ. DISEND, Deputy Prosecuting Attorney PUBLISHED October 20, 1982 0<) APPROVED ZT5-6i L0 S, County Executive Date: October 25, 1982 and October 29, 1982 This ordinance becomes effective on November 1, 1982 ORDINANCE - 2. EXHIBIT "A" September 17, 1982 File Ref: CM 3 -82 ZM 5 -82 WHATCOM COUNTY PLANNING AGENCY REPORT Planning Commission Resolution IN THE MATTER OF AMENDING THE BIRCH ) BAY COMPREHENSIVE PLAN MAP FROM PARKS) TO SUBURBAN AND AMENDING THE INTERIM ) FINDINGS, REASONS ZONING MAP FROM RECREATION OPEN SPACE) AND (ROS) TO SUBURBAN FOUR FAMILIES PER ) MOTIONS ACRE (S4) FOR A 3.69 ACRE SITE SITU- ) ATED WITHIN THE FORMER BLAINE AIR ) FORCE BASE STATIONS ) WHEREAS, a 3.69 acre site situated in the northeast corner of the. former Blaine Air Force Base Station was designated as Parks on the 1977 Birch Bay Plan and zoned for Recreation Open Space on the In- terim Zoning Map, as amended in 1978; and WHEREAS, the Birch Bay Comprehensive Plan Park policies recommend that if the Blaine Air Force Station shall ever be discontinued, that the site should be planned for a park; and WHEREAS, the Blaine Air Force Station has been discontinued and has been transferred to certain public agencies of Whatcom County, with the exception of a 3.69 acre site which has been purchased by a private party; and WHEREAS, said party has petitioned the Whatcom County Planning Com- mission to amend the Birch Bay Plan and Interim Zoning Maps to al- low the existing nine single family residences and construction of four new single family uses to occur as permitted uses instead of non - conforming uses within the ROS zone district; and WHEREAS, the Whatcom County Planning Department has received the appropriate Comprehensive Plan and Zoning Map amendment applications, environmental checklist and paid the required fees; and WHEREAS, the Whatcom County SEPA Official issued a final Declaration of Non - Significance on July 19, 1982; and WHEREAS, a notice of public hearing was advertised in the Bellingham Herald pursuant to RCW 36.70.380 and .390; and WHEREAS, the Planning Department conducted an analysis (Staff Report) of the requested plan and zoning map amendments wherein various findings and conditions and recommendations were established as attached hereto as Exhibit "C ". -1- NOW THEREFORE BE IT RESOLVED: That the Planning Commission asserts the Findings and Reasons for Action as presented in the Staff Report - Exhibit "C" as attached. BE IT FURTHER RESOLVED: 1. That the Planning Commission recommends to the Whatcom County Council the amendment of the Birch Bay Comprehensive Plan Map and Interim Zoning Map consistent with the conditions of recom- mendations as described in the Staff Report (Exhibit Q. 2. 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 unanimous roll call vote of Commission members present this 31st day of August 1982. WHATCO COUNTY PLANNING COMMISSION I . 1 ), // 1 . irrg Secretary Approved as to form: — e Disehd, Deputy Prosecuting Attorney List of Exhibits: C. Whatcom County Planning Department Staff Report. -2- August 24, 1982 u File Ref: CM 3 -82 ZM 5 -82 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENTS APPLICANT: BORDER CONTRACTORS, INC. 4600 Shipyard Road, Blaine, WA 98230 REQUEST: The applicant is proposing to amend the Comprehensive Plan Map in the Birch Bay Plan from Parks to Suburban and the Interim Zoning Map from Recreation Open Space (ROS) to Suburban Four Families per acre (S -4). The purpose of the request is to achieve compatibility for nine existing single family residences which were purchased by said applicant from the General Services Administration on the former Blaine Air Force Base Station site. PROPERTY DESCRIPTION: The subject property is located in a portion of the SW 1/4 of the NE 1/4 of Section 31 Township 40 North Range 1 East W.M. Whatcom County, Washington, or commonly referred to as a portion of the Blaine Air Force Base Station. STATUTORY REQUIREMENTS: Pursuant to RCW 36.70.380 and .390, a notice of public hearing has been advertised in the Bellingham Herald on Friday, August 20, 1982, wherein the time, place and purpose of said hearing was so stated. A copy of the notice of hearing has also been sent to the property owners within 300 feet of the arterial boundary of the said property. Pursuant to RCW 43.21C.080(2), the Whatcom County SEPA Official issued a Final Declaration of Non - Significant Environmental Impact on July 19, 1982. EXISTING CONDITIONS AND FINDINGS: A. General: The property was originally zoned Recreation -Open an classified Parks because it was intended that the Whatcom County Park Department would purchase this property and the majority of the Blaine Air Force property and utilize it for park purposes. However, the real property subject to this rezone and reclassification was purchased by the applicant, rather than the Whatcom County Park Department. The applicant intends to sell the nine existing single family homes located on the property. Because the ownership of the subject property is different than what was originally intended, the zone classification of Recreation -Open is in error. In addition, the Recreation -Open zone classification is in error when one considers that the applicant intends to utilize the existing structure as single family residences. The residences existed when the County originally rezoned the property Recreation -Open Space. The proposed rezone action recognizes the existing uses located on the property. The Federal Government originally built nine single family dwellings which were used by Air Force personnel. The applicant wants to utilize the existing structures. Therefore, a zone classification would be com- patible with the existing single family dwellings. The S -4 classification would be the most appropriate classification. B. Land Use Distiibution: The 3.69 acre parcel is currently occupied with nine single family dwellings. Land uses sur- rounding the site include a proposed school site owned by the Blaine School District on the north; and proposed active public and recreational uses owned by Whatcom County on the west and south; and vacant land in private ownership on the east. The existing comprehensive plan designations and attendant zoning surrounding the site are Parks and ROS on the north, west and south; and Suburban - S -4 on the east. The applicant specifically requests to extend the Suburban plan designation and the S -4 zone designation which currently exists on the subject property's eastern boundary. C. Community Facilities and Utilities: 1. Water and Sewer: The subject property is situated wit in the service area of Whatcom County Sewer and Water District No. 8. The Planning staff has re- ceived correspondence from District No. 8 stating that both potable water and sanitary sewer service are available to the subject property provided that an agreement for water service is entered into by all parties who presently have an interest in various portions of the former Air Force base and that the sewer system be improved to District No. 8 standards. The mechanism utilized to secure and bind sewer and water improvements will be a ULID between the various agencies located on the site, District No. 8 and Fire District No. 13. 2. Fire Protection: Fire protection service is provided by Fire District No. 13. There is presently a fire hydrant located on the property. The hydrant has been tested for more than 500 g.p.m. utilizing a water pump system located on the base. There is a mutual agreement with the County School District and Whatcom Housing Authority to upgrade the system if fire flow is found to be inadequate. -2- 3. Schools: Blaine School District. 4. Sheriff: Whatcom County Sheriff's Department. 5. Drainage: The property is adequately drained. There is an existing drainage system including culverts. 6. Remaining Utilities: The property is already serviced with gas, power and telephone utilities. However, most of the existing system will need to be replaced to conform with the counties existing standards. All poles and wires will be eliminated, upgraded and installed underground. Gas will be provided by Washington Natural Gas. The property is at the present time serviced with gas; however, the existing system utilized plastic pipes which do not conform to standards. A complete new line will be installed. The property is already serviced by Puget Power for electricity. The poles and wires will be eliminated and installed underground. The property is serviced by telephone and television cable; however, lines will be replaced and installed underground. 7. Roads: Alderson Road is a county road and is the primary route to the property. Gemini Road runs north and south ad- jacent to the subject property and connects with Alderson County Road. This road is a private road benefitting all successors of interest to the Federal Government property. This road is paved. Immediate access to the subject properties is from Titan Circle. Titan Circle is a private road which will be main- tained by the property owners of the plat. The road is paved, approximately 25 feet in width. The road runs through the middle of the plat and cul -de -sacs at the end. This road was previously constructed by the Federal Government. CONSISTENCY OF THE AMENDMENT REQUEST WITH THE BIRCH BAY COMPREHENSIVE PLAN: Since the Birch Bay Plan does not contain spe- cific plan amendment criteria to evaluate when considering a com- prehensive plan amendment, the following evaluation is based solely on consistency with the Birch Bay Comprehensive Plan Map and Text, consistency with surrounding planned land uses, and compatibility concerns inherent with the subject proposal. As stated above, land situated to the north, west and south is planned for the Parks in the Birch Bay Plan. As a result of the recent procurement by Whatcom County and the Blaine School District, these properties are to be utilized in the future for public school as well as active and passive public and recreational uses. Low density single family residential -3- uses situated adjacent to public uses, e.g. parks and schools, are usually considered as compatible land uses; however, the nature of the public uses surrounding the plat involve higher level activities than would normally be associated with compatible residential /public uses. For example, the Whatcom County Library is proposing to use a portion of this site for a branch library and central services that would, among other uses, include the storage and distribution center of the library's book mobiles. In addition, the Parks Department is proposing using the site for: (a) overnight accommodations which would include a youth hostel; participants in Park sponsored activities such as athletic camps, music camps, arts and crafts camps and special events; participants in activities sponsored by others such as seminars, retreats and mini conferences. (b). Use of the gymnasium for a variety of activities, such as year round sports activities; general meeting space for community groups, seminars and special activities and events such as music festivals, arts and crafts displays and square dances. (c) The operation of a food facility that could serve three meals per day to persons participating in various kinds of camps. (d) A day use area that would provide picnic tables, and central barbecue facilities that would have ready access to other facilities. (e) Outdoor sports and athletic facilities such as a multi purpose athletic field to be used by local sports organizations, athletic camp participants and others utilizing the park. (f) Overnight camping facilities for use by campers, trailers, and motor homes. SUBDIVISION PROPOSAL: The Federal Government was required to subdivide the property for the applicant as a condition of purchase. Consequently, the plat does not at this time reflect certain design improvements that would result in a more compatible relationship with the surrounding high level of public uses mentioned above. To mitigate potential incompatible problems, staff suggests various amendments to the plat that will serve to "insulate" the residents of the subdivision from the proposed activities occurring adjacent to said sub- division. These plat amendments include: (a) Landscape plan developed by a qualified landscape architect to screen and buffer the subdivision; (b) the realignment of Titan Circle (a private street) at its intersection with Gemini Road. This realignment should include a serpentine design and movement with sufficient landscaping to discourage public land use visitors from using Titan Circle; (c) the provision of an access easement to provide vehicular access to the rear yards of the platted lots; and (d) the creation of a homeowners association with specific covenants guaranteeing the maintenance of both the landscaping buffers as well as Titan Circle. -4- RECOMMENDATION: Based on the above existing conditions and findings and notwithstanding public testimony, staff recommends to the Planning Commission that the Birch Bay Comprehensive Plan Map affecting the subject property be amended from Parks to Suburban and that the Interim Zoning Ordinance Map be amended from ROS to S -4. This recommendation for plan and zoning map amendment is con- tingent upon the following conditions: 1. That the applicant amend the Titan Terrace Subdivision plat to include the design improvements of the re- alignment of Titan Circle; and the provision of a rear yard access easement. 2. The submission and approval by the Whatcom County Zoning Administrator of a landscape plan consistent with 2.24.650 of the Interim Zoning Ordinance. 3. The submission and approval of restrictive covenants to be approved by the Whatcom County Zoning Adminis- trator that address the creation of a homeowners association intended to maintain the landscaping buffers and Titan Circle. * 4. The restrictive convenants shall also address architectural review in the requiring of earth tones on the homes. WT:sh * Added condition by County Council October 21, 1982. -5- im III lwj' M . iumililimil a Ali 7,7 ---qmm , .r ik. ME Mir) I !j m F ism s. ;T r, 70,4 000. mmoit L W =1 a I - Wff— 10