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Home My WebLink Aboutord1997-026WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97 -186 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: aginator: Michael Knapp C`9t F' ��.� ("' n n � � � fssS PPPo 11 \v // �AAY '2-0 1991 WHAT(d`OM, COUNTY I COUNCIL 5/20/97 Council Division Head: Sylvia Goodwin � 3 Dept. Head: Michael Knapp b Prosecutor: Purchasing/Budget: Executive: SUBJECT. An Emergency Ordinance to establish zoning contol for public markets as a temporary use in the Resort Commercial zone. ATTACHMENTS. Proposed Ordinance. SUMMARYSTATEMENT. Please complete sections of box as appropriate & explain the item below. Related County contract #: n/a Should Clerk schedule a hearing? NO /X/ YES / / Requested date: Amount budgeted for this item/project: $ n/a Is it (or will it be) within budget? YES /X / NO / / (Please explain below) n/a Budget line item number(s): n/a The request is to establish emergency zoning for temporary public markets in the Resort Commercial zone for a period of Gixty days. ORIGINATOR'S RECOMMENDED ACTION: The Director Planning and Development Services recommends Council accept this recommendation and approve the requested emergency zoning control ordinance. COMMITTEE ACTION TAKEN.- COUNCIL ACTION TAKEN: 1997-186 5/20/97: Adopted 7 - 0. Ord. #97 -026 Related File Numbers: 16 -91: GMA Ordinance or Resolution Number (this item only): &0.*9-7- () ato 2 . FileRef:07 -97:ZT SPONSORED BY: Consent PROPOSED BY: glanni nQ INTRODUCTION DATE: --51'28,19:� ORDINANCE NO. 97 -026 AN EMERGENCY ZONING CONTROL TO ADDRESS PUBLIC MARKETS AS A TEMPORARY USE IN THE RESORT COMMERCIAL ZONE WHEREAS, citizens have requested that the Whatcom County Council consider the enactment of a change in current zoning controls in order to allow public markets in the Birch Bay area during the summer months; and WHEREAS, the success of the Bellingham Farmers Market has shown that such markets can have a positive effect on the lives and prosperity of the citizens, farmers and merchants of Whatcom County; and WHEREAS, the resort character of Birch Bay and other areas zoned Resort Commercial would be an appropriate place to encourage the establishment of public markets; and WHEREAS, the Council finds that the normal processes and time involved in changing a zoning control preclude any public market from being established in 1997; and WHEREAS, the Council adopted Ordinance 95 -028 on June 20, 1995 and Ordinance 96 -002 on January 5, 1996, which established a temporary Interim Zoning Control that would allow such a public market to take place in 1995 and 1996 while the process for a possible permanent change in controls moves through the Planning Commission; and WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance for permanent language allowing public markets in the Resort Commercial Zone on July 7, 1995; and WHEREAS, Planning Staff and Planning Commission have still been unable to devote time to address this issue due to the amount of work required by Growth Management; and WHEREAS, the County Council adopts the following findings in support of the change: FINDINGS 1) Resort Commercial zone districts are restricted primarily to the Birch Bay and Glacier Page 1 areas of the county and are appropriate districts for allowing this expanded commercial activity. 2) The existing regulations preclude outdoor merchandising in the Birch Bay area. 3) There has been a history, and proliferation, of uncontrolled outdoor merchandising in the Birch Bay area that has been difficult to regulate and has put legitimate merchants at a disadvantage. 4) A property owner has indicated a willingness to establish a public market and the Birch Bay Chamber of Commerce has endorsed the concept as a way to reduce illegal outdoor merchandising. 5) Allowance of an organized public market will provide a forum that may reduce the incidence of illegal outdoor merchandising. 6) The citizens of the County will reap economic benefits from the creation of a public market. 7) Two six -month implementations of this interim zoning change have not proven to be detrimental to the community. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Chapter 20.64 of the Whatcom County Code is hereby amended as shown in Attachment "A ", through the establishment of an Emergency Zoning Control for an additional period of sixty (60) days from the date of adoption of this ordinance. BE IT FURTHER ORDAINED, that if any portion of this ordinance is found to be unlawful, all other portions shall remain in effect; and BE IT FINALLY ORDAINED, that the above cited amendments are also forwarded to the Planning Commission and Planning and Development Services Department for consideration and recommendation as permanent changes to the Whatcom County Code. ADOPTED this _ 2n_ day of MAY 11 1997. ATTEST: Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON r ) 3 %�� Cana Brown - Davis, Council Clerk 470 5 6 7 APPROV D as to for 8 9 10 11 12 Karen Frakes, Civil Deputy Prosecutor 13 14 15 16 L. Ward Nelson, Chairperson Page 3 ( Ap roved () Denied Pete Kremen, Executive Date: S_c� of ~ ` ATTACHMENT A Add the following new language: 20.64.050 Permitted Uses POP" FOINOWN 53 kp 1�® They s tiffs i #eg #,ofma'e s i p �,5...�r 1`I ) Naou rid g��e (m RM09O s ar made 20.64.700 Performance Standards 7,05E Thefe�sh11 be nolstoageotdbors4 20.97 Definitions 32 PUBLICf1%fARKT is;tlf,n�s!p° csF T. _ e r�s ��°% ION WOIlow s o exi a per a e r Eu s ern dig I 4 �`I I, rse�sdesgedo�cter.st� ,? zt£�., WOI Page 4