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Home My WebLink Aboutord1997-035WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97- 1 s6A -' EA LANCES Initial Date Date Received in Council Office: Agenda date Assigned to: ;� inator: Michael Knapp g PP Z 3 �� r1 f R L ' I� �6i6W yy� �, � V V� A� �s��d3 Y •r,� /1/97 Introduction Division Head: Sylvia Goodwin 61y �1 7/15/97 P & D / Council Dept. Head; Michael Knapp Prosecutor: (p Purchasing/Budget: Executive: G SUBJECT. Zoning text amendment to allow public markets as a temporary use in the resort commercial zone. ATTACHMENTS: Proposed Ordinance, Draft June 12, 1997 Planning Commission minutes. 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 adopt an ordinance to allow public markets as a temporary use in the resort commercial zone. An emergency ordinance was adopted on May 20, 1997 for a period of 60 days. The proposed ordinance would replace the emergency ordinance on a permanent basis. 1 ire Planning Commission held a public hearing on June 12, 1997 and passed a motion by a four to three vote in support of the proposed ordinance. The only issue of disagreement was whether overnight parking should be allowed on the market sites. A Planning Commission recommendation to the County Council on an official control (zoning text amendment) requires an affirmative vote of not less than a majority of the total members (five votes). This item will be reconsidered at the June 26 meeting. To insure that a permanent ordinance is adopted prior to the expiration of the emergency ordinance, the ordinance is being introduced prior to final action by the Planning Commission. If Planning Commission consensus cannot be reached, the County Council must conduct a separate hearing on this issue. ORIGINATOR'S RECOMMENDED ACTION: The Director Planning and Development Services recommends Council introduce the attached ordinance at the July 1 meeting and adopt it at the July 15 County Council meeting. COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN: 1997- 186A 7/1/97: Introduced 7/15/97: Amended & Adopted, 6 -0, Nelson absent. Ord. #97- 035 inance or Resolution Number (this item only): 0rA4-0n--0Z.S:- FileRef:07 -972T SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 7/1/97 1 ORDINANCE NO. 97 —o35 2 3 A ZONING TEXT AMENDMENT TO ALLOW PUBLIC MARKETS AS A TEMPORARY USE IN 4 THE RESORT COMMERCIAL ZONE 5 6 WHEREAS, citizens have requested that the Whatcom County Council consider the 7 enactment of a change in current zoning controls in order to allow public markets in the 8 Birch Bay area during the summer months; and 9 10 WHEREAS, the success of the Bellingham Farmers Market has shown that such 11 markets can have a positive effect on the lives and prosperity of the citizens, farmers and 12 merchants of Whatcom County; and 13 14 WHEREAS, the resort character of Birch Bay and other areas zoned Resort 15 Commercial would be an appropriate place to encourage the establishment of public 16 markets; and �7 WHEREAS, the Council adopted Ordinance 95 -028 on June 20, 1995, Ordinance 19 96 -002 on January 5, 1996, and Ordinance 97- 026 on May 20, 1997, which established 20 a temporary Interim Zoning Control that would allow such a public market to take place 21 while the process for a possible permanent change in controls moves through the Planning 22 Commission; and 23 24 WHEREAS, the Deputy SEPA Official issued a Determination of Nonsignificance for 25 permanent language allowing public markets in the Resort Commercial Zone on July 7, 26 1995; and 27 28 WHEREAS, the Planning Commission held a public hearing on June 12, 1997 and 29 recommended approval of the proposed zoning text; and 30 31 WHEREAS, the County Council adopts the following findings in support of the 32 change: 33 34 FINDINGS 35 36 1) Resort Commercial zone districts are restricted primarily to the Birch Bay and Glacier 37 areas of the county and are appropriate districts for allowing this expanded 38 commercial activity. 39 Page 1 2) The existing regulations do not allow outdoor merchandising in the Birch Bay area. 3) There has been a history, and proliferation, of uncontrolled outdoor merchandising in the Birch Bay area. 4) A property owner has indicated interest in establishing 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 standards to address off -site impacts. 6) The citizens of the County will reap economic benefits from the creation of a public market. 15 16 7) Two six -month implementations of this interim zoning change have not proven to be 17 detrimental to the community. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Chapter 20 20.64 of the Whatcom County Code is hereby amended as shown in Attachment "A ". 21 22 BE IT FURTHER ORDAINED, that if any portion of this ordinance is found to be 23 unlawful, all other portions shall remain in effect; and 24 '5 —6 ADOPTED this 15 day of July , 1997. 27 28 29 30 ATTEST: 31 ,- 33 34� 35 36 Dana Brown- Davis, Council Clerk 37 38 APPROVD as to form 4; Aea 39 40 i 41 42 43 Karen Frakes, Civil Deputy Prosecutor 44 45 46 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ly_e9U60_____ I 4F U L. Ward Nelson, Chairperson (Approved () Denie Pete Kremen, Executive Page 2 Date: ��a— /; ATTACHMENT A Add the following new language: 20.64.050 Permitted Uses 066 Fri" PWIVAR ct to he fol'Ic$r ii, b0h i R rO M`IVII- nt submits I � t po iedow s ... t i I I f }$ ��eus�e�se "sonellr �ta�tayspr, c lendar W ,03-111, Pirmanetor portble�est,rbo aihtlesaerriad��Iab1e� (4) outs on as made f eelj,Pp ercha dise (5)= Rertrntzer stalls ale 5w if frce,pro ,erres,v€i aryoutdo° x.. e*40nent, 4rash rece0,tacle orta ®lets scree re i from a f) cent use aspen q,;20 80355;„ — (6)` Haurs� are limited tb9A��M`�to� °P�1�lI (�7,)° Acessiblet.parkingndes °.rr�etts ofWkC;51 3�e complied with ...._. (8)i Buffe��g orscreetncr s re�rde� ecesvye afpel�ctomsa Ut�ban Residential, UrbanrRes�d' �nxal�Xf�m� `�er��sfit�r�f�ural�dr7Rra1 \ Re ident�ldistnct K () Sigages corsis�et�vth0�8®OfecG pmt thatinaCddit$�i�epla ard' not to exceed. 2 feet by e x steal[ i a[Idwetl for 5each indi. Ou l s4tall r_ f10) Th`e use `complies vvt }ththe pe frmansdartl ofiWCC�!"1R647{0' (1 1) No overnight, tarnprng �r fir le 9 arl ng is allowed on ite: (1'2) Rest rooms are adeuaelysea[�C1buf #ered from�acJ�acetropert�es 20.64.700 Performance Standards .705 There shall ;be nostorage outdeors 70 ApplicaE;le ?Health'' Departur,blhf, its`�mu�t�be, secured before perrrait is issued 20.97 Definitions 324 PUBLIC MARKET`is defin uctio`n'. but >does allovu use of :`existing permaetastrucuresorertpXorarvenelorasils for retail sales and ;services designed >to accord, ✓^ `date T- 5ltiff,( n,:,t wi rmartl . eller prod�Ced� goods rncludmg produce; andprepared foods Page 3