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Home My WebLink Aboutord2011-009 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 128 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: I Originator : Alex Cleanthous i J U E II V E D 3/29 Council k 5; Introduction Division Head: 4/12 Council Hearing Michael I g g Dept. Head Marini MAR 2 2 ' 2011 Sam Ryan: (+ A A OM COUNTY Prosecutor r ; (( _ ( ( wHATC COUNTY Purchasing/Budget: COUNCIL %► ExecutiveNb!A? 9) ma '-‘ 11 TITLE OF DOCUMENT: Drive Through Service ATTACHMENTS: Attachment A : Ordinance amending the Resort Commercial zone 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 amend the Resort Commercial zone to allow for drive through services except on Birch Bay Drive which would require a Conditional Use Permit. COMMITTEE ACTION: COUNCIL ACTION:: 3 / 29 / 2011 : Introduced 4 / 12 / 2011 : Council Amended & Adopted 5 - 2 , Mann & Weimer opposed Ord . 2011 - 009 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2011 - 009 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. SPONSORED BY : Consent PROPOSED BY : PDS INTRODUCTION DATE : 3 / 29 / 11 ORDINANCE NO . 2011 -009 AMENDING WCCTITLE 20 , TO ALLOW DRIVE THROUGH SERVICES IN THE RESORT COMMERCIAL ZONE ( RC ) . 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 ) The Whatcom County Planning Commission voted 7 - 2 to recommend approval on allowing in the URMX zone drive through services being a 1 . , 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 . 4 ) On January 25 , 2011 the Whatcom County Council reviewed an ordinance that permitted drive through services . The Council requested to amend the proposal to outright permit drive through services in the Resort Commercial zone except for on Birch Bay Drive which the Council requested be a Conditional Use Permit . This changes is reflected in Exhibit A . PROPOSED 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 outlined in Exhibit A to this Ordinance . BE IT FURTHER ORDAINED that if any section , subsection , sentence , clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional ; 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 . ��11111 " " ' //1��,, WHATCOM COUNTY COUNCIL ATTt ' c 1 .0 Li & �1 WHATCOM COUNTY, W/s l� re ev �% •° €< _ Co • . • O • • UN • - '• / • • r ii„ 09:. E 117,1;4•Wiri ... ) ■■„i- Da'9 a RedetyjlR t s 'CIer;R of the Council Sam Crawford , hair APPROVED AS TO FORM : ( Approved ( ) Denied �' , � lty'f Civil Depes Pete Kremen , County Executive Date : 7 1 Zv a / ( Exhibit A Resort Commercial 20 . 64 20 . 64 . 050 Permitted uses . 053 Retail shops and resort related uses with or without drive through service no greater than 5000 square feet in area per shop , except as provided by 20 . 64 . 193 . . 055 Restaurants or coffee shops with or without drive through service ; provided , that a minimum of 50 percent of the seating is inside and any outdoor seating is screened from adjacent properties and streets , except as provided by 20 . 64 . 193 . 20 . 64 . 150 Conditional Uses . 193 Retail shops , resort related uses and restaurants or coffee shops on Birch Bay Drive with drive through services, with a 5 , 000 square foot maximum per shop