Loading...
HomeMy WebLinkAboutord2011-008 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 127 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator : Alex Cleanthous G � 3/29 SCOTW/ ' , � � CE � VED Introduction Division Head: 4/12 4/12 Council Hearing EMBER Roxanner Michael MAR 2. 2 2011 Dept. Head / . i M PatnRyan: WHATCOM COUNTY Prosecutor COUNCIL Purchasing/Budget: S M . Executive:A 1p roi $� 3 - aa - ( TITLE I F DOCUMENT: Drive Through Service ATTACHMENTS: Attachment A: Ordinance amending the Urban Residential Mixed Use zone, leaving drive through services as a CUP . SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: April 12, 2011 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.) The proposal is to allow for drive through coffee and restaurant services in the Urban Residential Mixed Use in unincorporated Whatcom County . COMMITTEE ACTION:: COUNCIL ACTION: , 3 / 29 / 2011 : Committee recommends introducing . 3 / 29 / 2011 : Introduced the conditional use permit option 4 / 12 / 2011 : Council Adopted 5 - 2 , Mann & Weimer opposed Ord . 2011 -008 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: A32011 -127A Ord . 2011 -008 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on j the County 's website at: www. co. whatcom. wa. us/council. SPONSORED BY : Consent PROPOSED BY : PDS INTRODUCTION DATE : 3 / 29 / 2011 ORDINANCE NO . 2011 -008 AMENDING WCCMTITLE 20 , TO ALLOW DRIVE THROUGH SERVICES IN THE URBAN RESIDENTIAL MIXED USE ( URMX ) . WHERE AS, Whatcom County Planning and Development Services received an application for a zoning text amendment. The application was given file number PLN2010 - 00013 . WHERE AS, In accordance with RCW 36 . 70A . 106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed zoning text amendment on September 23 , 2010 . A confirmation letter from the Department of Commerce was received on September 28 , 2010 . WHERE AS , A SEPA Determination of Non - Significance was issued on November 23 , 2010 in the Bellingham Herald subject to a 14 day comment period ending December 7 , 2010 . WHERE AS, Notice of the Whatcom County Planning Commission public hearing for the subject amendment was published in the Bellingham Herald on November 28 , 2010 . WHERE AS, The Planning Commission held a public hearing on the subject amendment on December 9 , 2010 . The Planning Commission voted 7 - 2 to forward a recommendation of approval to the Whatcom County Council for the subject zoning text amendment . PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1 ) The Whatcom County Planning Commission held a work session on the proposed zoning text amendment on October 28' 2010 . 2 ) The Whatcom County Planning Commission held a public hearing on December 9 , 2010 on the proposed zoning text amendment . 3 ) A proposal for addition of the " drive through service " was brought before the Whatcom County Planning Commission in 2006 . The Planning Commission at the time voted to forward a recommendation of denial to the Whatcom County Council 4) The 2006 Planning Commission recommendation was never forwarded to the Whatcom County Council for review . The zoning request stayed on the long range work plan and in 2010 a new application was filed for review . 5 ) On October 12 , 2010 Whatcom County planning staff received a letter from the City of Bellingham planning staff supporting the 2006 Planning Commission 's recommendation for the proposed zoning text amendment . 6 ) The Whatcom County Planning Commission voted 7- 2 to recommend approval on allowing in the URMX zone drive through services being a Conditional Use , and in the Resort Commercial outright permitting the use . The Planning Commission however did not recommend allowing an increase in building size in the Resort Commercial zone to 5 , 000 square feet as requested in the zoning text amendment application . 7 ) On January 23 , 2011 the Whatcom County Council reviewed an ordinance that would have amended the URMX zone and allow for drive through services . The Council made a motion to amend the allowable building size in the URMX zone from 2 , 500 to 5 , 000 square feet . P ROPOSED CONCLUSIONS 1 . The subject amendments are consistent with the Whatcom County Comprehensive Plan . 2 . The subject amendment serves the public interest by allowing for drive through services in unincorporated Whatcom County . NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council , that revisions to the existing Whatcom County Zoning Code are being proposed as o utlined in Exhibit A to this Ordinance . B E IT FURTHER ORDAINED that if any section , subsection , sentence , clause o r phrase of this ordinance is for any reason held to be invalid or u nconstitutional ; such decision shall not affect the validity of the remaining portions of this ordinance . The Council hereby declares that it would have passed this code and each section , subsection , sentence , clause or phrase thereof, irrespective of the fact that any one or more sections, subsections , sentences, clauses or phrases has been declared invalid or unconstitutional , then the original ordinance or ordinances shall be in full force and effect . ADOPTED this 12th day of April , 2011 . ��`` fl " liisil0,!��/ WHATCOM COUNTY COUNCIL 9�T,, .0 9. C/,y'% WHATCOM COUNTY, WASHINGTON J. • yAHATC •. nom; Dati f`ro� lo ` i� , C4rk of the Council am Crawford , Ch it • • . SHIHG . • • • • • . • /'i a * ``‘. APPROVED AS TO FORM : ( Approved ( ) Denied Civil Deputy ecutor Pete Kremen , County Executive Date : 9O) / ( Exhibit A 20 . 24 URMX 20 . 24 . 150 Conditional Use . 161 The following uses may be approved within a neighborhood center where the locational criteria ( WCC 20 . 24 . 161 ( 2 ) ) and site criteria ( WCC 20 . 24 . 161 ( 3 ) ) are met ; the floor area per nonresidential use does not exceed 5 , 000 square feet ; and the developer has conducted at least one . n eighborhood meeting prior to application for the purpose of hearing n eighborhood concerns and suggestions regarding the proposal . ( 1 ) Uses . ( a ) Commercial uses with a neighborhood or specialty nature including , but n ot limited to , barber and beauty shops, bakeries , drugstores ; provided , that food markets may have no more than two gasoline pump islands , hardware stores , restaurants and coffee shops with or without drive - up service , stationery stores , laundromats , video rental , bookstores, frame shops and other small convenience retail , rental , or repair shops . ( b ) Professional offices . ( c) Adult care centers, mini - day care centers , and day care centers . ( d ) Residential units located on the upper floor( s ) of buildings containing the uses listed above . Such units will be counted toward minimum densities and maximum percentage of multifamily units , but shall not be counted toward maximum densities . ( 2 ) Locational Criteria . Uses must be clustered in a single center which is no larger than two acres , excluding areas used for duplex and multifamily dwellings, and : ( a ) Fronts on an arterial or collector street ; or ( b ) Is located adjacent to a public square or neighborhood park ; and ( c ) Is no closer than one- half mile from an existing or approved commercial center or other commercial use or zone ; ( d ) Neighborhood centers shall not be developed in areas characterized by residential development at less than one dwelling unit per acre except as part of a mixed residential development . * ( 3 ) Site Criteria . ( a ) Parking shall be located at the rear of the buildings with access from alleys or side streets . On - street parking may be counted toward the parking requirements in Chapter 20 . 80 WCC . ( b ) Buildings are located adjacent to the right- of- way or sidewalk, or as close as allowed in WCC 20 . 80 . 200 , Setback requirements . ( c) Commercial development shall occur in nodes ; linear strips will be discouraged . ( d ) Centers should be visible and accessible to pedestrians from the streets and clearly defined through lighting , landscape , landmarks , and/or open space . ( e ) In the Urban Fringe Subarea , specific wetland systems and sensitive e nvironmental areas shall be preserved and incorporated into the development site design plan consistent with Bellingham city o rdinances . * (f) Sidewalks are a minimum of eight feet wide . ( g ) Street trees are located on the curb side of the sidewalk in accordance with city of Bellingham street tree standards . ( h ) Individual businesses or establishments must be joined by common walls unless the applicant can demonstrate to the satisfaction of the administrator that unique site circumstances dictate some other form . ( i ) Storage areas shall be located entirely within the structure and o utside trash receptacles shall be enclosed and screened from public view . (j ) All lighting shall be designed and installed to prevent the illumination of adjacent properties during business hours ; however, security lighting may be permitted during nonbusiness hours if it is designed to prevent the illumination of adjacent properties . ( k) In accordance with WCC 20 . 80 . 465 , Urban Residential - Mixed ( UR- MX) District sign regulations, not more than two identification signs, with a maximum of 32 square feet total area for each storefront shall be permitted ; provided , that said sign ( s ) shall not project above any part of the roof line . Signs may extend 24 inches from the wall or to the edge of a permanent canopy or awning of the building to which it is attached . At least one of the signs for an individual business must be readable to pedestrians on the adjacent sidewalk . Said sign ( s ) shall be harmonious and compatible in appearance with the character of the surrounding area . Signs may only be illuminated by an indirect external source . * ( I ) Use of shared parking areas is encouraged . The minimum parking requirement shall be 50 percent of the parking requirements in WCC 20 . 80 . 580 , but shall in no case exceed two -thirds of the requirements in WCC 20 . 80 . 580 .