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Home My WebLink Aboutord2001-072WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -310C CLEARANCES Initial Date Date Received in cauncaD se Aenda Date Assigned to; originator: Elizabeth K. Olsen WC 9117101 n (� r� 2 fl '�' L "- W LS L/J LS S EP 18 2001 WHATiCOM COUN'"" COUNCIL -11 -01 Introduction Division Head: Sylvia Goodwin lO ,a�,Ol U Dept Head: Hot Han Pra.secabr: Ra.anFrakes PurcnasinglBadget: Executive: Pete Kremen SUBJECT: The request is to amend the Whatcom County Comprehensive Plan Map to expand the southern UGA boundary of the Whatcom, County/Lynden UGA in two areas, referred to as Site #1 (Blankers and Timmers families) and Site #2 (Van Drogt family). ATTACHMENTS: (1) Proposed Ordinance. SEPA review required? ( X ) Yes ( ) No Should Clerk schedule a hearing? ( ) Yes ( Xl) No SEPA review completed? ( X) Yes ( ) No Requested Date: IAhearing must be held ijthe Council changes the Planning Commission recommendation WCC20.1alm. rarom SUMMARY STATEMENT: Distribution Request The request is to amend the Whatcom County /Lynden UGA boundary in two areas, Site #1- Blankers and Timmer families; and Site #2 -Van Drags Indicate snore who rnonrd.erdrc a Dopy after Council action. Lsd specific names m me signs. family, to be consistent with the amended Lynden southern UGA ADS Facilities; Management boundary. ADSFinance Site #l: The recommendation is to approve +/- 8.5 acres of the proposed 24.5 acres applied for, into the Whatcom County/Lynden UGA, omitting the Timmer family property entirely. ADS Human Resources ADSlops Services Assessor Amass, Site #2: The recommendation is to approve the Van Dragt family site of 1.58 acres into the Whatcom County/Lynden UGA. Cooperative Ecnnsion mstrmr Court executive Note: The subject proposal is one of eight comprehensive plan amendments Health a rings aminer initiated this year. These amendments must be considered concurrently by ,rail the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A. 130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur by November 30. COUNCIL ACTION TAKEN: Juvenile Parks 2001 -340C 9/1112001: Introduced 10/23/2001: Forwarded to Concumency Meeting Planning Hal Hart Prosecutor 12/11/2001: Adopted 5 -1, Hoag opposed, Imhof absent, Ord. #2001 -072 Public Works Sheri Superstar Coast Tremurcr Re, O hers Related File Numbers: File #C11P2001 -00004 AB2001 -310 Ordinance or Resolutjyn Number_ (this item) iJf� O y I:Plemmng \Remne\Comp SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 9/11/01 ORDINANCE NO. 2001 -072 AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP TO BRING CONSISTENCY TO THE SOUTHERN UGA BOUNDARY FOR LYNDEN AND THE COUNTY. WHEREAS, anomalies exist between the Whatcom County UGA and the City of Lynden UGA boundary, and WHEREAS, the City of Lynden and Whatcom County Planners have worked together to correct these differences, and WHEREAS, The Deputy SEPA Official for Whatcom County issued a Determination of Non - significance on April 16, 2001; and WHEREAS, Pursuant to RCW 36.70.590,. legal notice was published in the Bellingham Herald on July 26, 2001; and .. WHEREAS, The Planning Commission held a public hearing on the proposed amendments on August 9, 2001, and considered all testimony; and WHEREAS, The Planning Commission recommended approval of the proposed map amendments on August 9, 2001; and WHEREAS, the County Council has considered the Planning Commission's Findings of Fact, Reasons for Action and Recommendation for the amendment; and WHEREAS, the County Council finds the amendments in the best interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS OF FACT 1. Legal notice for a public hearing was published in the Bellingham Herald on Thursday, July 26, 2001. 2. A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on April 16, 2001. 3. A Public Hearing was held by the Whatcom County Planning Commission on Thursday, August 9, 2001 and all testimony was considered. 4. The request is to amend the Whatcom / Lynden Urban Growth Area (UGA) south boundary to be consistent with the City of Lynden amended UGA boundary in two sites. Page 1 of 3 I: \Planning \Rezones \Comp Plan 2001 \CMP2001 - 00004 -Ord. 5. The southerly portion of the proposed Site #1 is LESA prime agricultural soil land, at present in active OSAG commercial agriculture, lying mostly within the FEMA floodplain bounds. 6. The proposed southerly boundary of Site #1 is illogical and poorly defined and not in keeping with the GMA definition of establishing a logical boundary. The revised boundary is more logical. 7. The changed condition is the increase in development in the City of Lynden and the Comprehensive Plan Map amendment by Lynden to the southerly city UGA in this area. 8. The proposed Site #2 has legal public access and potential utilities and services from Lynden but is landlocked to access and services from Whatcom County. 9. The small acreage size of Site #2 is appropriate for residential use rather than commercial agriculture. 10. Site #2 is above the FEMA floodplain boundary. 11. Placing Site #2 into the Whatcom County/Lynden UGA adds 1.53 acres to Lynden's residential land base at the same time not detracting from Whatcom County's agricultural land base. CONCLUSIONS Although the applicant has no immediate plans to annex or develop Site #1, Whatcom County Planning Commission concludes that the portion of the original proposed 24.5 acre area, specifically lying parallel to and 268 feet south of the existing City limits (400 feet south of the north side of Kok Road) and running easterly to the southerly extension of the westerly property line of the former Lynden sewage treatment plant, less any portion lying southeasterly of the Russell Ditch Lateral #1, a distance of +/- 1400 feet and containing roughly 8.5 acres, be designated Whatcom County/Lynden UGA. The conversion of Site #2 from the Agricultural designation to UGA does comply with the Whatcom County Comprehensive Plan and the overall intent of the Growth Management Act. RECOMMENDATION Site #1 — +/- 8.5 acres - Arlene Blankers- Sanders et al. Based upon the above analysis and findings of fact, Planning Commission concludes that the proposed map amendment, as presented in Attachment "1" is consistent with the goals and policies of the Whatcom County Comprehensive Plan and the County -wide Planning Policies, and recommends approval of this amendment. Site #2 — 1.58 acres — Bryan Van Draat et al. Based upon the above analysis and findings of fact, Planning Commission concludes that the proposed map amendment, as presented in Attachment "2" is consistent with the goals and policies of the Whatcom County Comprehensive Plan and the County -wide Planning Policies, and recommends approval of this amendment. Page 2 of 3 I: \Planning \Rezones \Comp Plan 2001 \CMP2001 - 00004 -Ord. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official W hatcom County Comprehensive Plan Map for the Lynden UGA is hereby amended as shown on Attachments 1 and 2. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 11 day of December 2001. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, L. Ward Nelson, Coundil Chair Clerk of the Council APPR VED as to form 7 Civil Deputy Prosecutor pproved O Denied ete 1<4men, Executive Date: Page 3 of 3 I: \Planning \Rezones \Comp Plan 2001 \CMP2001 - 00004 -Ord. _ . _.. 1.11 1:1:1 .. '::C. SITE 1 ATTACHMENT 1 T APPLICATION GI Zoning Mop Vi 1 L 1 V41141 M• VVYM• owl • • MY ATTACHMENT 2 Zoning Map + + W6Iml LI I.VLUI IVl1 "tu