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Home My WebLink Aboutord2016-036WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -242 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Gary Davis � /( 216 7/!6/1012 CounciUlnfro X1"4-' 7 n 2 C E � V � �f—� j� D - Division Head: Mark Persorrious ��ti��V $/9/16 P &D / Council Dept. Head: Sam Ryan ✓/� r j�p JUL 19 2016 Prosecutor: Royce Buckingham l S WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: Jack Louws , / TITLE OFD ENT.• Specified Fittings Comprehensive Plan Amendment and Rezone Ordinance ATTACHMENTS: 1. Staff Memorandum 2. Proposed Ordinance with Attached Comprehensive Plan and Zoning Map Amendments SEPA review required? (X )Fes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 'The Council must hold a hearing if they want to change the Planning Commission's recommendation CC 2.160.100(2). SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A proposed Comprehensive Plan Amendment to change the land use designation from Rural to Rural Community (LAMIRD per RCW 36.70A.070(5)(d)(i)), and a proposed zoning map amendment to rezone from Rural 1 dwelling unit per 5 acres (R -5A) to Rural Industrial Manufacturing (RIM) for approximately 2 acres on the north side of Smith Road about 500 feet west of Guide Meridian, located in Section 25, T.39 N., R.2 E., Assessor's Parcel 390225459079. COMMITTEE ACTION.• COUNCIL ACTION: 7/26/2016: Updated 7/26/2016: Introduced 6 -0, Donovan absent 8/9/2016: Forwarded to Council for Concurrent Review 8/9/2016: Council forwarded for concurrent review 7 -0 8/9/2016: Adopted 7 -0, Ord. 2016 -036 8/9/2016: Council approved concurrently 6 -1, Brenner opposed Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2012 -00006 Ord. 2016 -036 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. PROPOSED BY: INTRODUCTION DATE: 7/26/2016 ORDINANCE NO. 2016 -036 AMENDING THE COMPREHENSIVE PLAN DESIGNATION IN THE SMITH ROAD / GUIDE MERIDIAN AREA FROM RURAL TO RURAL COMMUNITY AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RSA TO RIM WHEREAS, Specified Fittings, Inc. submitted an application to rezone a two - acre portion of a 12 -acre parcel from Rural one dwelling per five acres (R -5A) to Rural Industrial Manufacturing (RIM) ; and WHEREAS, the Whatcom County Planning Commission held a public hearing and recommended approval on November 15, 2012; and WHEREAS, notice of the Whatcom County Planning Commission public hearing was published November 2, 2012; and WHEREAS, notice of the subject rezone and development agreement was sent to state and local agencies, and property owners within 1000 feet of the site; and WHEREAS, the Whatcom County Council has reviewed the Planning Commission recommendations; and WHEREAS, legal notice requirements have been met; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusion: FINDINGS OF FACT The subject property is a two acre portion of a 12 acre parcel, and is located largely within an easement for major electrical lines. 2. The owner has applied to amend the Comprehensive Plan land use designation from Rural to Rural Community (Type I LAMIRD), and to amend the zoning from Rural, one dwelling per five acres, to Rural Industrial Manufacturing on the two -acre property. Page 1 of 4 I A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on November 9, 2012. 4. The proposal was posted on the County website on November 2, 2012. 5. Notice that the proposal had been posted on the County website was sent to citizen, media and other groups on the County's e-mail list on November 6, 2012. 6. Notice of the subject amendment was submitted to the Washington State Department of Commerce on October 26, 2012. 7. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on November 2, 2012. 8. Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on November 2, 2012. 9. Notice of the Planning Commission hearing was mailed to owners of the subject properties and surrounding land owners within 1,000' of the subject properties on November 1, 2012. 10. Notice of the Planning Commission hearing was posted on the subject site on November 2, 2012. 11. The Planning Commission held a public hearing on the subject amendment on November 15, 2012. 12. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan amendments the Planning Commission and County Council must find all of the following: a. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. b. Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. Page 2 of 4 c. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: i. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. ii. The anticipated effect on the ability of the county and /or other service providers, such as cities, schools, water and /or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. iii. Anticipated impact upon designated agricultural, forest and mineral resource lands. d. The amendment does not include or facilitate spot zoning. e. Urban growth area amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated TDR sending area, with certain exceptions. 13. A January 9, 2012 Growth Management Hearings Board order found the boundary of the Smith / Guide Meridian Rural Community (Type I LAMIRD) to be noncompliant with GMA and invalid (Case No. 11- 2- 0010c). Subsequent to a settlement agreement between Whatcom County and petitioners in the Hearings Board case, the Board issued an order finding compliance on February 8, 2016, which included the Smith / Guide Meridian LAMIRD boundary. CONCLUSIONS 1. Because of the size of the subject parcel and its location within a power line easement, it is largely unusable as residential land. 2. The subject Comprehensive Plan amendment complies with the Growth Management Act and the approval criteria of WCC 2.160.080. 3. The subject zoning map amendment is consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Map 2.1 of the Whatcom County Comprehensive Plan is hereby amended as shown in Exhibit 1. Page 3 of 4 Section 2. The Official Whatcom County Zoning Map is hereby amended as shown in Exhibit 2. Section 3. 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 Stn day of __ August 2016. k�a4ti,r,ttrf� WHATCOM COUNTY COUNCIL ATTEST; �` °�� r��f�, WHATCOM COUNTY, WASHINGTON 0 C) tD 1� ,ti -/V(lid Mz A Dana Broww - Davis, "Council ale e r A Sy1Pl��`' "•o . °`P tiff APPROVED as'ib°fi ®rmda��`'�� C Civil Deputy Prosecutor KApproverf ( j Denied Jack Louw�, Date: f — /1 " 1 Page 4 of 4 Exhibit 1 File #: PLN2012 -00006 Proposed Comprehensive Plan Land Use Changes Proposed designation change Existing Comprehensive Plan Boundary 0 165 330 Proposed CP Designation - RURAL COMMUNITY (not in parentheses) Existing CP Designation - (RURAL) USc Or WHATLOM LOUNTI S 019 DATA IMPIIESTHE USER3 .i4M p kL. A YIIEEMENTIFITHTNEFOLLOWINGSTATEMEU ' 006 g� -!jpy0. Wlrsrb Cl1Y1JMa Twia Y d � E � Y raT.p 4 i�w edm ' i elAemrMr / hlMr FT ar.!a>r... nOAna ETtr r raa eYTy d daoWn u 11Au a9�Hw AIM¢*>•.�ratAbwil.Wp45wl. M...MFAIhpEwr. 1p ixfrw l.Ar7, . da r,Ew.rNy. rrpplrnr -s! iMnryr4r�I� k . sG,li . EilnaIwIMr. 1x . rrrdWIApa.Vmo ,ww ewg v MypRWSa G .ry kPA .. Hewf u v ¢T IE4.ra. 660 990 1,320 Feet October 26, 2012 by gld File #: PLN2012 -00006 Proposed Rezoning - = -_rr.i W-m Existing Zoning Boundary Proposed Rezone Area Proposed Zoning - RIM (not in parentheses) Existing Zoning - (R5A) USE DF WNATLDM COIMTrs DIS DATA IMPllEs THE usm ADDE EMlNT WrH THE FOLLOWIN6 STATEMENT: IMnu111 WIlY Mlw I*11W ryAl.wlgde 11"'NNImMy Iw�li. W.alr�gbtlw n.Nl MIwEhMllr+MnWu�w�r. It }, dlM MYtlldsF� �,yllysp la NiyNY d tlltr4lAktN nR A4111p All trr pucwfl NlrsrpgmlCNW krwraMwrH, mf Imlrt aAwr 1a�mlc Wmaem Dou�1 Ar+111d1Iiam Aw gsrrtl .ry aliwr. a.e.1. HIYIfAY Id WA rnw .. ul/er Adl Illo 0 165 330 660 990 1,320 Feet MF nM4r'gr M ss>tiu" October 9, 2012 by gld