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Home My WebLink Aboutord2003-004WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -453 CLEARANCES Initial Dare Date Received in Council Office Agenda Date Assi nedro: Originator: Hearing Examiner -Z Z. DEC i ' 2002 CO J NC L 1/14/03 Introduction Division Head. 1/28/03 P & D / Council Dept. Head: Prosecutor Purchasing /Budget+ Executive: SUBJECT: Park Store Site Specific Rezone ATTACHMENTS: Draft Ordinance and Hearing Examiner Recommendation, dated December 16, 2002 Planning & Development Services Staff Report, dated November 26, 2002, with Concomitant Agreement attached Hearing Examiner Decision, dated November 19, 2000 SEPA review required? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT: This application requests approval for a Site Specific Rezone of a 0.7- acre parcel of land, containing the Park Store and located at the intersection of Park Road and Blue Canyon Road at the east end of Lake Whatcom. The applicants seek to have the property rezoned from Neighborhood Commercial to Tourist Commercial to allow continuation of a retail sales use in the Park Store, which Whatcom County has determined to be illegal under the current Neighborhood Commercial zoning but legal under the proposed Tourist Commercial Zoning. Distribution Request Indicate those who should receive a copy Per Council action. List specie names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2002 - 453 1/1412003: Introduced 1/2812003: Adopted 5 -2, Nelson, McShane apposed, Ord #2003 -004 Related County Contract #: Juvenile Parks Planning Prosecutor Public Works Sheri Superior Court Treasurer Omer Related File Numbers: Ordinance or Resolp(ion Number (dhis item): 'F� I SPONSORED BY: Consent PROPOSED BY: Hearing Examiner INTRODUCTION DATE: 1/14/03 ORDINANCE NO. 2003 -004 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM NEIGHBORHOOD COMMERCIAL (NC) TO TOURIST COMMERCIAL (TC) FOR .7 ACRES IN THE LAKE WHATCOM WATERSHED. WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald and posted on the site on November 21, 2002; and WHEREAS, the Whatoom County Hearing Examiner held a public hearing on the proposed amendment on December 4, 2002, and considered all testimony; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance on December 12, 2002; and WHEREAS, the Whatcom County Hearing Examiner recommended approval of the site specific rezone request from NC to TC, subject to conditions stated in the proposed concomitant agreement; and WHEREAS, the Whatcom County Council finds this map amendment in the best interest of the public health, safety and welfare, based on the following Whatcom County Hearing Examiner's Findings of Fact and Conclusions of Law: FINDINGS AND CONCLUSIONS 1. The applicant is requesting approval of a Site Specific Rezone of a parcel which is approximately .7 acres from Neighborhood Commercial (NC) to Tourist Commercial (TC). 2. Notice was posted on the site on November 21, 2002 and a legal notice was published in the Bellingham Herald on November 21, 2002. 3. The Park Store is a historic structure, which is listed on the Whatcom County Historic Register, which has been operating as a retail establishment since 1998. 4. The site has on -site water and sewer service, is served by an improved County Road, is within Fire District 18, and is serviced by the County Sheriff. The project will not impact schools and will not increase demand for other public services. 5. Tourist Commercial zoning and the proposed use is consistent with the Purpose and Definition of a Crossroad Commercial area. The proposed rezone is consistent with County Comprehensive Plan goals and policies relating to Economic Development, Rural Land Use and the protection of Lake Whatcom, provided that motorcycle service and repair work does not result in storage or release of automotive fluids that could impact water quality. 6. The changed conditions that support the rezone include the upgrade and increased traffic on Page 1 Park Road and the fact that the County did not open a Park on the adjacent property as proposed. The restaurant proposed on the site depended on Park visitors. 7. The project meets the criteria for Tourist Commercial zoning and a site - specific rezone. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Comprehensive Plan map be amended from NC to TC for Assessor's Parcel No. 370423062034 as shown on Exhibit 1. Section 2. The rezone of the subject property shall not become effective until and unless all parties have signed the Concomitant Agreement, attached as Exhibit 2, and the agreement has been recorded in the Whatcom County Auditor's office. Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of the Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 28 day of January , 2003. T. Dana Brown - Davis, Clerk of the Council APPROVED as to form Dave Grant, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL HATCOM COUNN HINGTON Dan McShane, Council Chair ( ppd () Denied Pete Kfemen, Executive Date: Page 2 EXHIBIT t � -- O E zoaRls r aJ� L2"< � II 9 y o 9A 00 + ww,T cquaTv ^Ir IRKS ` 'P4)'4TC 0- ��. Rik valT aou.e OM o � xo s,.r er R z'z a 42J Mew oR' a0V7 MEANDER LINE rf o t � Ilk `_ ' Mutt /irtafEQWC .iR/tcliR- I,CJasF1'O'<E w AT COUNTY PARKS ` %051 I , o X448 A � / r� ru -A ?P o� ��-� -- IA1NU / ✓ iU<tE.(' / hELYEl�`G� r310 -- 3EV' 10.4t A —_ LEOM� I I yJ47 ]l.ee -A r5.1 u •yA17 EXHIBIT 2 Concomitant Agreement Between Whatcom County And the Park Store An Agreement Supporting The Zoning Amendment for The Park Store's .7 Acre Parcel from Neighborhood Commercial to Tourist Commercial WHEREAS, Robert Van Houten and Marchele Harper (the Owners) own the real property described in Exhibit A to this agreement, and own and operate the Park Store on that property; and WHEREAS, the Owners have filed a timely application for a concomitant rezone of the Park Store property from Neighborhood Commercial to Tourist Commercial; and WHEREAS, Whatcom County has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, controlling the use and development of property within its jurisdiction; and WHEREAS, the Tourist Commercial zoning classification permits the Park Store to stock, sell and install motorcycle parts and accessories, without threatening the adjacent Lake Whatcom watershed or violating the restrictions of the Water Resource Protection Overlay District, Chapter 20.71 WCC. WHEREAS, the Owners voluntarily enter into this Concomitant Agreement to obtain Whatcom County's approval to rezone the Park Store property from Neighborhood Commercial to Tourist Commercial; NOW, THEREFORE, in consideration of the County Council's enactment of an Ordinance reclassifying the Park Store property from Neighborhood Commercial to Tourist Commercial, the Owners covenant and agree, on their behalf and for their successors and assigns, that: 1. Commercial use of the Park Store property is limited to reuse of the old Park General Store. Any violation of this limitation or demolition of the building shall be sufficient grounds for the County to rezone the Park Store property to Rural — Two Acres (R2A). 2. Renovation or further restoration of the Park Store building shall be guided by the appropriate standards for historic renovation. 3. No work on motorcycles or other motorized vehicles at the Park store shall involve the storage or potential release of fluids. Repair and servicing of motorcycles or other motorized vehicles at the Store shall be limited to Park Store Concomitant Agreement Page 1 assembly or installation of parts or accessories purchased there. Oil changes, engine or transmission repairs, as well as the flushing or exchange of coolant or any other fluids on the premises are strictly prohibited. This Concomitant Agreement is a covenant running with the land and binds the Owners, their heirs, successors and assigns. The Owners will record this Concomitant Agreement with the Whatcom County Auditor's office within five days of its execution. This Concomitant Agreement supersedes and replaces the 'Park General Store Rezone Concomitant Agreement ", Whatcom County Auditor's File No. 900504038, dated April 24, 1990. A copy of the superseded agreement is attached as Exhibit B. Any amendments or modifications of this Concomitant Agreement shall be valid only if agreed upon by the interested parties and by the County Council following a public hearing and after being reduced to writing and recorded in the Whatcom County Auditor's Office. Nothing contained in this Concomitant Agreement shall be construed to restrict the authority of the County to exercise its police powers nor to prevent the County from initiating a zoning change in accordance with applicable ordinances and regulations. ADOPTED this 28 day of January , 2003. WHATCOM COUNTY COUNCIL WHATCOM COUNTY,, WASHINGTON Dana Brown - Davis, Dbh McShane, Council Chair Clerk of the Council APPROVED as for I p pproved ( ) Denied David S. McEachran, Prose Ling Attorney Pee Kretive Date: Feyjruwc`)7, a°83 OWNERS Robert VanHouten / &Oer�Zf.� %GL/ rchele Harper Park Store Concomitant Agreement Page 2 STATE OF WASHINGTON) ) ss. COUNTYOFWHATCOM ) On this day personally appeared before me -FdLie f ± V 0.� rSOU}e rl known to me to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they are the owner(s) of the property requested to be rezoned, have ad the application and know the contents thereof, and believe the same to be true. my hand,pyfficial sea 1s d,Z of (U4C4(yea ). ""--- 4'e +,;•`F�; Residing at Tom'' NCTARY My commission PUBLIC a j STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM ) On this day personally appeared before me ?dn.rQh .'(- known to me to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they are the owner(s) of the property requested to be rezoned, have read the application and know the contents thereof, and believe the same to be true. GIVEN under my hand a icial seal is y of (yearr). �ebcvar� (year). E.!?.. o ary Public in an for the St of Washington. .,o�,yassioNs., i, esiding at �JA NOTAHY+m.�. My commission .mac., PUBLrC m' Park Store Concomitant Agreement Page 3 STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this / / day of Pete Kremen, to me known to be executed the above instrumer" sealing thereof. OOTAgy Onot Park Store Concomitant Agreement Page 4 2003, before me personally appeared County Executive of Whatcom County, and who who acknowledged to me the act of signing and AIRY PUBLIC in a)Td%r the State My Commission