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HomeMy WebLinkAboutord2001-015- WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -130 CLEARANCES initial Doze Date Received in Council O sea Agenda Dam Assigned to., 'ginmor: Elizabeth Olsen c1 /� C.f 3/2 E MAR 2 7 2001 HiHATCOM COUN COUNCIL 413101 lntroduction Division Head: Sylvb Goodwin ) NO p Requested Date: ®17 P & D / Council Dept Head: HW H Han, Director 3 Jan Prosecutor: "muFrakes Juvenile Part ParckathigBudget �� ; Public Works Erecudve. PeteEremen I Sheri Superior Caun SUBJECT: Amending the (Vicial Whatcom County Zoning Map from Light Impact Industrial to General Commercial for approximately 6+ acres, 350 feet +/- north of West Smith Road on the west side of Guide Meridian (SR 539). AlIAOHMENla: 1. Proposed Ordinance Z Agency Report 3. Staff Report SEPA review required? ( X ) Yes ( ) NO Alts info services Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( X ) Yes ( ) NO Oiaict Court Requested Date: SUMMARY SLATEMENT: The request is to amend the official Whatcom County Distribution Request Zoning Map from. Light Impact Industrial to General Commercial, 350 feet +/- north of the Smith Road on the west side of the Guide Meridian. The proposed Indicate those who should receive a copy after Council axiom -gone will allow relocation of existing businesses to the adjacent property. Litt nueci is names to the right. The Washington State Department of Transportation a widening the Guide Meridian from the Bellingham city limits north to the vicinity of Ten Mile Creek and property owners along the Guide are relinquishing some of their property to adjust for the widening efforts. The widening and revamping of the Guide and West Smith intersection will cause buildings to be demolished there. 2001 -130 4/3/2001: Introduced 4 -1-1, Imhof opposed, McShane abstained, Nelson absent 4117/2001: Adopted 5-0-1, McShane abstained, Crawford absent, Ord. #2001 -015 Reh Related File Numbers: File #ZON2000 -00007 ADS Facuides Management ADS Finance ADSHumanR ources Alts info services Assessor Auditor CooperativeE ension Oiaict Court Eaeculwe thrash Hearing Examiner Jan Juvenile Part Planning Hal Hart Prosecutor Public Works Sheri Superior Caun Treasurer Other Ordinance or Resolution N�umbberr (this item): nD n y y � 2 W 0 I— QI 5 SPONSORED BY: consent PROPOSED BY: PDS INTRODUCTION DATE: 4/3/01 ORDINANCE NO. 2001 -015 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM LIGHT IMPACT INDUSTRIAL (LII) TO GENERAL COMMERCIAL (GC) FOR APPROXIMATELY SIX ACRES AT THE NORTHWEST INTERSECTION OF WEST SMITH ROAD AND GUIDE MERIDIAN. WHEREAS, the Washington State Department of Transportation is widening the Guide Meridian from the Bellingham city limits north to Ten Mile Creek; and WHEREAS, property owners in this area are relinquishing some of their properly to adjust for the road widening; and WHEREAS, this action will cause buildings to be demolished and businesses lost; and WHEREAS, the proposed zoning amendment would allow relocation of existing businesses to adjacent properties; and WHEREAS, the Deputy SEPA Official for Whatcom County issued a Mitigated Determination of Non - significance on January 2, 2001; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on January 25, 2001; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment on February 8, 2001, and considered all testimony; and WHEREAS, the Planning Commission recommended approval of the rezone request from Light Impact Industrial to General Commercial for approximately six acres of parcel #39025- 505070, north of the intersection of West Smith Road and Guide Meridian; 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. Determination of Non - significance was issued by the Whatcom County SEPA Official on January 2, 2001. 2. Pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on January 25, 2001, and a public hearing is scheduled for February 8, 2001. 3. Notice was mailed to the owners of the subject properties, as shown on the records of the County Assessor and to owners of properties within 300 feet of the subject property on January 25, 2001 and posted on January 26, 2001. Page 1 4. The changed condition is the widening of the Guide Meridian corridor through the acquisition of property along the Guide Meridian right -of -way by the Washington State Department of Transportation, thereby causing the condemnation of those buildings that are taken in by the widening. The narrow band (43') of General Commercial zoning on the site for the proposed rezone is not wide enough for Mr. O'Neill to relocate his businesses on. 5. Whatcom County Code 20.90.050 indicates that rezone applications must be evaluated in relationship to the Whatcom County Comprehensive Plan. The Comprehensive Plan has identified the Guide Meridian Corridor as one of two Major Transportation Corridor Comprehensive Plan designations. The policies of the Comprehensive Plan are to locate commercial or industrial development along the Guide Meridian at key intersections in a manner that does not disrupt the Guide's regional transportation function. The proposed rezone would facilitate the relocation of existing businesses consistent with these policies. 6. RCW 36.70A.070(5)(d) address "Limited areas of more intensive rural development". These areas consist of lands that were developed with more intense uses as of July 1, 1990. Activities allowed on these areas include in -fill and redevelopment of existing commercial, industrial, residential and mixed -use areas. 7. The Comprehensive Plan requires the protection of private property rights from acquisition through just compensation or other appropriate means. The rezoning of the proposed site will allow for re- location of the condemned commercial buildings from the existing General Commercial zoned property, whilst the action of the Washington State Department of Transportation will include just compensation for the widening and re- vamping of the Guide Meridian -Smith Road intersection. 8. The rezone proponent is a member of the Deer Creek Water Association and holds two "Equivalent Residential Use" shares. Although the DCWA does not oppose a rezone that will allow Mr. O'Neill to rebuild his existing business, it would prefer not to see any expansion to the existing land uses, if and when rebuilding occurs. 9. Any rebuilding will require onsite septic systems to be built to "New Construction Standards° per Whatcom County Health Department. This includes septic systems applicable to the site uses. 10. There are traffic safety issues without services on both sides of Guide Meridian. 11. It is appropriate to keep the whole 6+ acres as one zoning district. CONCLUSIONS 1. The map amendment conforms to the Whatcom County Comprehensive Plan. 2. The map amendment would be in the public interest. 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. Page 2 ADOPTED this 17 day Of April , 2001. ATTEST: Dana Brown- Davis, Clerk of the Council APPRO ED as to form r Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL M r ONJ COUNTY, ASHINGTON �el o , Co ��Chair (�"Ap ve O Denied Pet6 Kremen, Executive Page 3 Date: -2 v VlilN \ i R5A\ 16.94 -A {.fgo Y / &0 L X A� 4.6" 7?CASCADE � y 'i8 ESS PARK I J.O PLAT SHORT �X (015 ©KOII` GLYNN O'NEILL m.01-A \ \\ 71N WEST SMITH ROAD SUBJECT PROPERTY i f 7r 0.65 \ J�7 0 O Z 0 W w 0 S KtLVlvc �- IN'V'W Zone Boundary Line