HomeMy WebLinkAboutord1979-0571
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Date: netnhPr 25_ 1979; INTRODUCED by pIuenscher
PROPOSED by Prosecuting Atty.
ORDINANCE NO. 79 -57
AN ORDINANCE IMPLEMENTING THE WHATCOM
COUNTY COMPREHENSIVE PLAN BY AMENDING WH TC01M
COUNTY INTERIM ZONING P.IAPS TO REFLECT A
CHANGE FROG•? GENERAL PROTECTION DISTRICT
TO AGRICULTURE DISTRICT IN THOSE AREAS
DESIGNATED AGRICULTURE ON THE WHATCOM
COUNTY COMPREHENSIVE PLAN MAP
WHEREAS, the Planning Commission has proposed .
to amend the Interim Zoning Plap from General
Protection to Agriculture for four areas
totaling approximately 35,000 acres (see
Exhibit "A "); and
WHEREAS, the Planning Commission held two
duly advertised public hearings on the proposal
on July 24 and August 21, 1979; and
WHEREAS, a majority of the Planning Commission
recommended approval of the rezone as .reflected
by their findings dated October 1, 1979,
attached and incorporated by reference as
Exhibit "B "; and.,
WHEREAS, the adoption of the zoning map amend-
ment is in the public interest and will further
implement the Comprehensive Plan goals and
policies related to agricultural and natural
resources which was implemented by the enactment
of the Agricultural Land Use designation on
March 27, 1978; and
WHEREAS, the County Council finds that the
subject proposal will not have a significant
adverse impact on environmental quality and
concurs with the Final Declaration of Non- Signifi-
cance adopted by the ERC Committee on July 20, 1979;
THEREFORE, BE IT ORDAINED AND ESTABLISHED:
That the following Interim Zoning Maps be amended
from General Protection to Agriculture, boundaries of the rezone
to be established per Exhibit "A ":
(a) Interim Zoning claps - Overall Summary -
IlAmendment at 31.
(b) Interim Zoning Area Maps No. 3, 4, 5, 6, 7, 8,
119, 17, 18, 19, 21, 2-2, 32, : 33, 34, 35, 36, 4-7, 50 and 51.
Ordinance - 1.
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1 i
PASSED this415th day of
ATTEST: Joan Ogden
County Auditor and
Ex-- officio, Clerk of the
Council:
By �Q
Deputy /
APPROVED AS TO FORM:
November , 1979
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Chairperson
PHILIP A j'SERYA
Civil Deputy Prosecuting
Attornev
( ;�) APPROVED ( ) VETOED DATE November 16, 1979
JOHN LOUh�S
Co uy Executive
Published on November 13, 1979 and November 28, 1979.
(Ordinance -2.
0ctober -L, 19r9
File Rr_f: Zvi 4 -79
WHATC611 -1 COUNTY PLANNING A(7Et;:'Y REPORT
PLANNING COMI4ISS10,1 RESOLUTION
It., vIE WATTER OF IMPLEMENTING THE )
AGRICULTURAL LAND USE DESIG11ATION ) FINDTNGS,
THE COMPREHENSIVE PLAN- BY A- ) REASONS
'•;ENDING THE COUNTY INTERIM ZON- ) AND
!':-j ORDINAINCE FROM GENERAL PRO- ) MOTION
i'r'C'1I011 TO AGRICULTURAL IN FOUR. )
, � REFS OF ti1iiATC0M COUNTY )
WHEREAS, the County Planning Commission desired to complete ti,F :-
imnlementation of the Agriculture Land Use desitrnation as (his,-
crited on the Comprehensive Plan, and whoreas this. ,action
initiated In 1977 and partly completed March 2.7, 1978 when a;,-
proximately 25,000 :acres were zoned Agriculture by the P,oard of
Coun: -,y Com.- ilosioners; and '
1.111F.RFAS, thA Planning, Commission proposed at their reyrular• monthly
::,eetl nr *, on June 19, 1979 to amend the Interim Z.onl ng Man from
Gvneral Protection ((.3P) to Agriculture (AG) for four areas tot ::rIIn.,
approximately 35,000 acres (see attached location map - Exhiblt A);
and
HERE :AS, the Commi3sion held two duly advertised public hearinE;s on
the r;ronosal on July 211 and Auf;ust 21, 1979, which were attended by
a Majcrity of Commission members (hearin,r; minutes are attached az
Exhibits D and C); and
WHEREAS, public testimony at the hearin=-s was both for and as;ainst
th(! prucosal; opposition from residents was limited to the Northwood
aroa (see Exhibit A for location); and
the Plarrnin;; Department recommended approval of the nropo-
:;:tl , citinr' five reasons in a staff report dated July ;'4, 19 73, which
Is attached as Exhibit D; and
V :: -1 ? l:AS, the Commission held a work session to di ocuss the mat ter can
.t -tuber 25, 1979, with z majo. ity of tnerr;hevo 1lrvnc:rt, and the majoil-
i t,y of those pre: „cent voted it, favor of the subject prol,o:;al .
T!ijEREF )RE i3E IT R7..'IDIXED, THAT THE C01+1;•'TF�'110H A33ER`I'S '1'111”: I•'OLL'..;-
1;1(, FIIJDTP:C.3 A;;D REA.`-, NS FOR ACTTON:•
Adoption of t.tals ;;orrtnr: M3T) rar.re;rrdrrcrtt Is In the Public interest ;a11:1
will further Implement Coriprehcnzive flan f -.oils and polio iE.:; relr!';c -d
to a,7riculture dnd natural resotrr ces.
ETpzT 117711
-2-
l
2. The areas have been designated Arricultural on the i:omprehenaive Flan
Land Use Map since initial plan adoption in 2970, except for three
amendments added in 1972.
The dominant land use of the four areas is agriculture, with at least
3C b of the 1- :nd being actively used for commercial farming; riot, -- farce
related uses occupy less-than 5% of the subject area.
The aver<r.,e lot size in the area exceeds 40 acres, and a majority
of the entire area is owned in parcels 40 acres or larger. Many
farms in the area exceed 100 acres in site.
Almost all soils In the areas are classified cropland by the Soil
Conservation Service (SCS) and approximately half of the total area
Is classified prime agricultural soils by SCS. Most non - prime crop-
land in the areas is highly productive under modern farm manaC.ement.
The proposal will result in sustaining at- r_'culture as a viable land
use activity through more effective control over new non -farm uses.
1,1E IT FURTHER RESOLVED THAT:
The Planninf; Commission recommends adoption of the proposed ,amendinF:nt
fror, C:t_rieral Protection (GP) to Al;ricultuT'e (AG) on the follow1nc;
Interim 'Zonln!; %laps per Exhibit A:
(z) interim 7onin;., Clap - Overall Suzmmary, Amendment No. I ; arid
(h) Interim Zoning Area Maps Nos. 39 49 59 62 7, 8, 9, 179 18,
19, 21, 22, 32, 33. 34, 35, 36, 47, 50 and t) I; .
The Commission also strongly recommends that priority ba given in the
County's Lone; Rarige Planning; Procesa to identifying those portions
r f the subject areas which may n.-ot be Suitable for long terni corimer-
clal agriculture use. This identification and development of pro -
posals for Comprehensive Plan and Zoning Map amendments should. be
done in close consultation with area residents;
S. The Commission finds that the subject proposal will not have a sit;ni-
flc:itit adverse i!.ipa.ct on environmental quality. This finding is based
on a Pinal Declaration of Non - Significance adopted by the County En-
vironmental Review Committee duly 20, 1979; and
•. 'rho Chairman and Secretary of the Commission are hereby directed to
p2aoe. r.heir sli- natures on this document and upon said Interim Zoning
flaps per item 1(b) above, and to transmit the same together with Ex-
i:ib1t, A, 5, C and D to the County Council for final action.
w3-
Done
and passed
by
majority roll-call. vote of the Planning- Commission
this
25th day
of September, 1979.
WH,1 C •1 COUNTY
PLANNI!,41 COMMISSION
Se retar
LIST
OP EXHIHIT3:
A.
Location
Map -
Zoning Proposal
R.
;Minutes:
July
24, 1979 hearing
C.
i'- Ilnutes:
August,
1979 hearing
D.
Planning
Department
staff report
..,
1. PLANNING DEPARTMENT RECOMMENDATION:
The Department concurs with the above Plannin,i,, Commission recom-
mendations, mainly because the action is necessary on an interim
basis to adequately protect significant portions of the County's
better agricultural-soils and commercial farming activities from
negative - impacts of additional non -farm related development. Pre-
sent General Protection zoning is simply too vip.ue and an,bi};uous
to effectively protect the vested interests of established farmers
in the areas, as well as the valuable soil resources. Further
urban encroachment into these areas would :seriously threaten, the
viability of the agricultural sector of the County economy.
However, as the Commission has mentioned, there are portions c,f
tt'ie subject areas which do riot appear to be necessary nor uitrLble
for commercial agricultural use. We certainly concur with the Com-
mission's proposal on studying; these questionable areas and working
out amendment proposals with residents. In fact, review and improve-
ment of the Comprehensive Plan land use element for the Lynden -Nook-
'sack Valley sub area is a top priority item in the proposed 1980 bud-
jet. If this item is funded, we will complete our study and propo-
sals by the end of 1980 and recommen:: any purposeful ar :sendmonts
thereto.
WHATCOM COU LANNING DEPARTMENT
D recto of Planning
Date
t—% t; .4 L� A,..w %.4 i — famor 0--a u:ar t -`rt A. %Ms `a a— r 0-A r.. -1% ism V-% 9--A.• %=O I V 1' 1 ON J : •1 A i A
A��� X `,,�s{;�s 111 ra�� —•; '��
Northwood
j i �; = uf' •... Area
'_ •�� !•u1a �;� ate. v..Hat;a
Delta
.. Area _,,,._r- - k, T ,.. - '•� _'
•, •- Lawrence
Area
._ Laurel Area
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WHATCOM COUNTY T• t �'J� `V
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BEFORE-THE WHATCOM COUNTY COUNCIL
IMPLEMENTING THE WHATCOM COUNTY
COMPREHENSIVE PLAN BY AMENDING
WHATCOM COUNTY INTERIM ZONING
MAPS TO REFLECT A CHANGE FROM
GENERAL PROTECTION DISTRICT TO
AGRICULTURAL DISTRICT IN AREAS
DESIGNATED AGRICULTURAL ON THE
WHATCOM COUNTY COMPREHENSIVE PLAN
MAP
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
This matter having come before the Whatcom County
Council on November 15, 1979, for the purpose of considering the
application of the Whatcom County Planning Commission for the
purpose of amending the Whatcom County Interim Zoning Ordinance
and Map for approximately 35,000 acres and rezoning the subject
property from General Protection Zone to Agricultural Zone. All
persons have been given the opportunity to speak for and against
the proposed zone districts reclassification.
I
LAND USE FINDINGS
The County Council adopts the staff and Planning
Commission findings and report as to the existing use, zoning, and
optimal land use designation of the subject and adjacent properties.
Adjacent Zone classifications are agricultural and general protection.
The primary use of the lands adjacent to the proposed rezone is
agricultural. Council adopts and incorporates by reference additional
findings of the Planning Commission, where applicable, as contained
in their recommendation.
Findings of Fact and
Conclusions of Law - 1.
LAND USE CONCLUSIONS
1. The primary uses allowed under the agricultural
zone classification are generally compatible with the uses of
adjacent properties.
2. she proposed rezone classification is generally
compatible with the zoning of adjacent lands.
3. In addition, the rezone from Agricultural to
General Protection classification is compatible with the underlying
Comprehensive Plan designation entitled Agriculture.
II
GENERAL COMPREHENSIVE PLAN FINDINGS
The rezone from general protection classification to
agricultural will further the goals and underlying policies of
the Comprehensive Plan. The underlying Comprehensive Plan Use
designation of the rezoned area is agricultural. The proposed
rezone will further the policies and goals of the Comprehensive Plan
by:
a. Preserving the County's agricultural lands.
b. Serve the County's agricultural economic base while
diversifying and strengthening the economy. The rezone will assist
in assuring that the agricultural will be maintained at a level
sufficient to sustain the secondary processing industries which are
currently in operation.
c. Land is best suited for agricultural use, thus the
reclassification would encourage agricultural use and protect and
assure that incompatible land uses, such as commercial, are avoided.
Findings of Fact and
Conclusions of Law -2.
d. The proposed reclassification will promote an
orderly growth within the reclassified area. It will further the
objectives of the Comprehensive Plan by not allowing subdivisions
unless interests of agricultural are protected. In addition, home
occupations will be preferred and allowed instead of commercial uses.
e. The proposed rezone also furthers the general
principles, arranging uses to achieve maximum compatibility and
minimum conflict. This is furthered by assuring agricultural use
as the dominant use in the rezone area and adjacent land and by
preventing incompatible uses.
f. Reclassification also recognizes the suitability
of the land in question for agricultural use.
COMPREHENSIVE PLAN CONCLUSION
Based upon consideration of the above factors and
balancing any conflicting goals and policies of the Comprehensive
Plan, the proposed rezone from general protection to agricultural
is consistent with the goals and policies of the Comprehensive Plan.
III
CHANGED CIRCUMSTANCES
The County Council finds the following changes and
circumstances which tend to justify the proposed reclassification:
a. The initial general protection classification of
the subject property was interim in nature and the proposed rezone
to agricultural reclassification is consistent with the initially
adopted Comprehensive Plan agriculture designation. Thus, the
reclassification is consistent with the current Whatcom County
Comprehensive Plan document.
Findings of Fact and
Conclusions of Law -3.
IV
NEED FOR PROPOSED USE DISTRICT
The County Council finds that within Whatcom County
there is a demonstrated and recognized need for additional land
to be designated as Agricultural.
V
PUBLIC OPINION
The owners of adjacent lands expressed approval of
the proposed use district reclassification.
The majority of persons offering comments were in
favor of the proposed use district reclassification.
& 0
ENVIRONMENTAL REVIEWS
The County Council finds that an Environmental Review
has been completed on the proposal and further finds that the
Environmental Review is adequate. Thus, the County Council concurs
with the Environmental Review Committee findings which concluded
that the proposed reclassification is entitled to a negative
declaration of non - significance.
VII
CONTROLLING FACTORS
The County Council determined that the above findings
and conclusions are the controlling factors in its decision on the
proposal. These findings do not contain an exhaustive list of
all findings and factors considered by the County Council in making
its decision. However, the findings provide a list of the most
important factors considered by the Council in reaching its decision.
Findings of Fact and
Conclusions of Law -4.
VIII
DECISION
The County Council, based upon the aforementioned
findings and controlling factors, finds that the proposed rezone
and interim zoning map amendment of 35,000 acres from general
protection to agricultural zone classification is in furtherance
of the public health, safety and morals. Furthermore, reclassification
is a contribution to the general welfare of the people in the County.
Therefore, the use district reclassification of approximately 35,000
acres from general protection to agricultural is hereby approved.
Furthermore, the interim zoning map is hereby amended to reflect
that fact. The map shall be amended as reflected in Exhibit "A"
attached and incorporated by reference in these findings and made a
part of the ordinance thereof.
ATTEST: Joan Ogden
County Auditor and Ex- officio
Clerk oA the Council
By: i /C
Deputy
APP AS TO FORM:
PHI =P A. SE
Civil Deputy Prosecuting
Attorney
Findings of Fact and
Conclusions of Law -5.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Chairperson