CE~VElO JUL., WHATCOM COUNTY

Transcription

1 WHATCOM COUNTY COUNCL AGENDA BLL NO CLEARANCES nitial Date Date Received in Council Office A!!enda Date Assi2ned to: Originator: 7126/2012 Council/ntro Gary Davis 1 (r~jrc, Division Head: Mark Personious Dept. Head: Sam Ryan Prosecutor: Royce Buckingham (QL{) wtr '1'\'t-'\~ ~~ CE~VElO :sa~ -'? -~;~3 -Jtp f!jlf ilj5'!/jo JUL., WHATCOM COUNTY Purchasing/Budget: ( 1\ / Executive: v COUNCL Jack Louws ~ ~ 17.!K.fo TTLE OF DlYCfl!tENT: Specified Fittings Comprehensive Plan Amendment and Rezone Ordinance ATTACHMENTS: 1. Staff Memorandum 2. Proposed Ordinance with Attached Comprehensive Plan and Zoning Map Amendments 8/9/16 P&D Council SEP A review required? (X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X 1 ) NO SEP A review completed? ( X ) Yes ( ) NO Requested Date The Council must hold a hearing if they want to change the Planning Commission's recommendation[wcc (2)/. SUMMARY STATEMENT OR LEGAL NOTCE LANGUAGE: (lfthis 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 (LAMRD per RCW 36.70A.070(5)(d)(i)), and a proposed zoning map amendment to rezone from Rurall dwelling unit per 5 acres (R-5A) to Rural ndustrial Manufacturing (RM) 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 COMMTTEE ACTON: COUNCL ACTON: 7/26/2016: Updated 7/26/2016: ntroduced 6-0, Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at:

2 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA , TY Fax J.E. "Sam" Ryan Director Memorandum TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, ACP, Senior Planner 0»~ THROUGH: Mark Personius, ACP, Assistant Director V.Af DATE: July 12, 2016 SUBJECT: Specified Fittings Comprehensive Plan and Zoning Map Amendment On January 15, 2013 the County Council voted to forward for concurrent review an ordinance changing the Comprehensive Plan designation and zoning district for about two acres on Smith Road west of Guide Meridian. This property is a portion of the 12-acre industrial property, and had been excluded from the industrial zoning because the zoning boundary had been drawn to follow BPA powerlines that cross the parcel diagonally. The property owner applied to rezone the land from R-5A to RM, and to include it within the boundary of the Comprehensive Plan "Rural Community" designation, a limited area of more intensive rural development (LAMRD) (PLN ). Because the Smith/Guide Meridian LAMRD was subject to a Growth Management Hearings Board order of invalidity in 2013 (GMHB Case No c), the ordinance to change the zoning and Comprehensive Plan designation could not be considered as part of the 2013, 2014, or 2015 concurrent review of the Comprehensive Plan. On February 8, 2016, after Whatcom County and petitioners in the case signed a settlement agreement, the Hearings Board issued an order finding compliance and lifting the finding of invalidity concerning the LAMRD boundary. PDS is now forwarding the ordinance for consideration of adoption concurrent with the 2016 periodic update of the Comprehensive Plan. The draft ordinance is attached. Please contact me at extension 5931 if you have questions concerning this proposal. Attachments: Draft ordinance

3 ORDNANCE NO. PROPOSED BY: NTRODUCTON DATE: 7/26/2016 AMENDNG THE COMPREHENSVE PLAN DESGNATON N THE SMTH ROAD/ GUDE MERDAN AREA FROM RURAL TO RURAL COMMUNTY AND AMENDNG THE OFFCAL WHATCOM COUNTY ZONNG MAP FROM RSA TO RM WHEREAS, Specified Fittings, nc. submitted an application to rezone a twoacre portion of a 12-acre parcel from Rural one dwelling per five acres (R-SA) to Rural ndustrial Manufacturing (RM) ; 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: FNDNGS OF FACT 1. 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 LAMRD), and to amend the zoning from Rural, one dwelling per five acres, to Rural ndustrial Manufacturing on the two-acre property. Page 1 of 4

4 3. A determination of non-significance (DNS) was issued under the State Environmental Policy Act (SEPA) on November 9, The proposal was posted on the County website on November 2, Notice that the proposal had been posted on the County website was sent to citizen, media and other groups on the County's list on November 6, Notice of the subject amendment was submitted to the Washington State Department of Commerce on October 26, Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on November 2, Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on November 2, 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, Notice of the Planning Commission hearing was posted on the subject site on November 2, The Planning Commission held a public hearing on the subject amendment on November 15, Pursuant to WCC , 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

5 c. The public interest will be served by approving the amendment. n 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 LAMRD) to be noncompliant with GMA and invalid (Case No c). 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 LAMRD boundary. CONCLUSONS 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 The subject zoning map amendment is consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE T ORDANED 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

6 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 day of ATTEST: WHATCOM COUNTY COUNCL WHATCOM COUNTY, WASHNGTON Dana Brown-Davis, Council Clerk Barry Buchanan, Council Chair APPROVED as to form: L~ Civil Deputy Prosecutor ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 4 of 4

7 !Exhibit 1j t \ 1,-!-----ll"' LliiLJLJLli!LJLi!LiiLJLJiLJLl.JLJ.-l RURAL COMMUNTY (RURAL) ~ ,...--''" - ~ W. SMTH RD. ~ i ,.-----j -E. SM~TH RD. L - File #: PLN Proposed Comprehensive Plan Land Use Changes ::J~L.Jilll::: Proposed designation change Existing Comprehensive Plan Boundary US F. OF WHATCOM COUNTY'S lls DATA MPLES THE USER'S AQREEMENT VnTH lhe FOUOWHQ STAH=ME!ff: WhJt«~m County dlselalms any wansnfy of merohllntab!ltty or wsrramy nlfllneuallltlsmaploranyp~tl!cvlarpurpon, el!herexprnuar lrnpl!e.d. tigraptetmm:onorwartanlylsm#deoontt&rntnolhoacnur aey,currency,cnmpleleneuorquahtyoldatadepld!llonlhllmap. Any uter of1hls rup au.vmes al! responslblll!y lor use th&nol, l!flll furthar agreu to hold W!talcom County hum len from and 211alnll any dameo:e.lrn,orllab1htvtul$1nalromanvuseofthlsm~o ,320 Proposed CP Designation - RURAL COMMUNTY (not in parentheses) --=:::::::J- :::::l -====::::J Feet Existing CP Designation - (RURAL) October 26, 2012 by gld

8 !Exhibit 2 r----'j' "l ~:::lllr.jiirj!d!lcliiicjiit:-:l~_jljo_.. =:J( ~- ""---"'"-.- :-----,. c m :.0 ;:: Q) C::lliLJ ::2! Q) -c s _C)! ~ M '\ r-- - r""-... _... _...:Cfii!L:m: RM (RSA) ~ '-- ~.:: :..,-- f Smith Rd.,; - - ~! --~~ Rezone to R 1 OA pending,... r- t.~fii!l_jo.l!l ! \ File#: PLN Proposed Rezoning \:JO:JCllll!:m Existing Zoning Boundary -- ~ Proposed Rezone Area Proposed Zoning - RM (not in parentheses) Existing Zoning - (R5A) ~\C \t~.formal"to USE OF WHATGOM COUNTY'S GS DATA MPliES THE USER'S AGREEMENT WTH THE FOLLOWNG STATEMEijf: 9:-"?-~ ::\com coo.""~~-: Whll'ttt~m County dlscl&lms any w&trbllly al m~rolulnlab!ltty or warranty ~llt!nusoflh!bmaploranyparllcularpurpose,e!lllerexpreunr o<>.,>;-...!f ZOZ '1-;. ~...L~ mp!led!lo repr~ntgtlon or wm;~.v s made ten(l!rntno!he ;tcotjratv,turrency,tomple!meuotqualltyoldaladepltlodonthl!map. Any user off lilt map aswmes sfl r8$j!onsii»uiy for use thn&o, and furlhh ag1ei!s n hold Whalcom County harmless rom ami agaln!lny darnan:e,~s.lrll!tbllltvarlslnn!lom~nvuseottflltrn~o ,320 Feet <il'sserv\c<>" October 9, 2012 by gld