The URL can be used to link to this page

Home My WebLink Aboutord2001-010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -116 CLEARANCES Indio[ now Dad Received in Council 0 me Agenda Date Assi nedm: +in oor. Sylvia Goodwin _ MAN 13 2001 WHATCOrvl COUNTY COUNCH, / 3/20/01 �InSroductian Division Head: Sylvia Caodwin 4/3/01 P 6 D / Council Dept Head: H& H. Hart, Director -$.01 Prosecutor: Karen Frakes ParokonnVIludgen �d Executive; : Pere Kremen SUBJECT., Changing the Official Whatcom County Zoning Map from Rural Residential two dwellings per acre (RRI) to Urban Residential four dwellings per acre (UR -4)for approximately 10 acres in Bellingham's Urban Growth Area ATTACHMENTS: 1. Proposed Ordinance 2. Agency Report 3. Staff Report 4. Planning Commission Minutes SEPA review required? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT: The request is to amend the official Whatcom County Zoning Map from Rural Residential two dwellings per acre (RR2) to Urban Residential four dwellings per acre (UR-4) in Bellingham 's Urban Growth '-ea, on the west side of Yew Street Road Distribution Request hWicme those who should receive a copy after council eown. List specific names to the nght. ADSF=Wdes Monagement AOS na"ce ADS Human Resources ADS Info Services Assessor Audaor cauperadve Eaembn D6nid Court Erecudve Heath Hearing Examiner dm'l COUNCIL ACTION TAKEN.• 2001 - 116 3120/2001: Introduced 4/3/2001: Adapted 6 -0, Nelson absent, Ord. #2001 -010 Re /m Related File Numbers: File #ZON2000 -00004 duvenae pork phenning Ha /Hart Prosecutor Publk Works Sheri Superior Court Treasurer Dtr he Ordinance or ResolutiW b� eta 010 (this item): is 7mbM. SPONSORED BY: rns PROPOSED BY: PDS INTRODUCTION DATE: 3/20/01 ORDINANCE NO. 2001 -010 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL RESIDENTIAL TWO UNITS PER ACRE (RR -2) TO URBAN RESIDENTIAL FOUR UNITS PER ACRE (UR-4) FOR APPROXIMATELY TEN ACRES IN BELLINGHAM'S URBAN GROWTH AREA. WHEREAS, the Whatcom County Comprehensive Plan, adopted in 1997, designates the area of the proposed rezone as Urban Growth Area; and WHEREAS, Comprehensive Plan goals for Urban Growth Areas generally call for infill at urban density, subject to the availability of public services and facilities; and WHEREAS, public sewer and water are available within one quarter mile of the site and are scheduled to be extended to the site within three years; and WHEREAS, the Deputy SEPA Official for Whatoom County issued a Mitigated Determination of Non - significance on January 12, 2001; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on January 18, 2001; and WHEREAS, the Whatcom County Planning Commission and the City of Bellingham Planning Commission held a joint public hearing on the proposed amendment on February 1, 2001, and considered all testimony; and WHEREAS, the Planning Commissions recommended approval of the rezone request from RR -2 to UR-4 for approximately ten acres on Yew Street Road; and WHEREAS, the County Council finds this map amendment in the best interest of the public health, safety and welfare, based on the following findings and conclusions: FINDINGS 1. A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on January 12, 2001. 2. Notice of the hearing was posted on the site on Friday, January 19, 2001, mailed to surrounding property owners on Friday January 19, 2001, and published in the Bellingham Herald on Thursday, January 18, 2001. 3. A public hearing was held on the subject amendment on February 1, 2001. 4. The following changed conditions have been identified that justify the rezone: • The adoption of the Growth Management Act and Whatcom County Comprehensive Plan, which both support greater densities within Urban Growth Areas. Page 1 The improvements to Yew Street and extension of sewer service to within % mile in both directions from the site and proposed extension of sewer to the site by 2003. Infll within the UGA and development of surrounding properties. 5. Whatcom County Code 20.90.050 indicates that rezone applications must be evaluated in relationship to the Comprehensive Plan. The definition and goals of the County Comprehensive Plan encourage six to eight units per acre within the Bellingham UGA. 6. Public water and sewer are available within Y. mile of the site and are scheduled to be extended to the site within three years. The steep slopes, fish habitat and wetlands on the western portion of the site are adequately protected by the Whatcom County Critical Areas Ordinance, and additional density could be attained on this site through cluster subdivision or attached dwelling units. CONCLUSIONS 1. There are changed conditions that justify the rezone, as required by case law. 2. There is evidence that the rezone bears a substantial relationship to the public interest, as required by case law. 3. The subject rezone is consistent with the Urban Growth Area Comprehensive Plan designation, which encourages urban density development within urban growth areas where adequate public services can be provided. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Map be amended as shown on Exhibit 1. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 3 day of April , 2001. Clerk of the Council APPWOVED . . n vil Deputy Prosecutor WHATCOM COUNTY COUNCIL Page 2 Date: 7—/0-49/ dr UR4 II WA MR I �i■ R5A (Rural) FRO ZON2000=00004 Henifin m RR2 to UR4 Exhibit 1 111 1 mp I 1 Plan Proposed 1 ._ r A7 Proposed Rezone Expansion UR4 - Zoning Designation De4gaadon a 300 boo OW 12 00 15 00