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HomeMy WebLinkAboutord1999-050WHATCOM COUNTY COUNCIL AGENDA BILL NO._ 1999 - 297 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: Planning & Develop 08/03/1999 08/10,,/11999 Planning & Development Division Head: g' o[a 9 Dept. Head: Prosecutor: Budget: Executive: SUBJECT.- Discussion regarding amending Title 20.44.100, Accessory Uses (File #58- 98 -ZT) ATTACHMENTS SUMMARY STATEMENT.- Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date: Ordinance amending Whatcom County Code Title 20.44.100, Accessory Uses (file #58- 98 -ZT) RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN.- 1999 - 297 8/10/99: Discussed in committee and introduced at full council 9/28/99: Adopted 7 -0, Ord. #99 -050 Related File Numbers: Ordinance or Resolution Number (this item only): n.4- 4q -050 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE ORDINANCE NO. 99 -050 July 27, 1999 ADOPTING AMENDMENTS TO THE WHATCOM COUNTY ZONING TEXT CHAPTER 20.44 RECREATIONAL OPEN SPACE WHEREAS, Whatcom County Code, Title 20, Chapter 90 provides direction .for docketing zoning map and text amendments and such docket was initiated and processed for 1998; and WHEREAS, The Deputy SEPA Official for Whatcom County issued a determination of non - significance on November 4, 1998; and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on October 31, 1998, November 26, 1998, January 4, 1999, January 14, 1999, February 11,. 1999, February 27, 1999, March 11, 1999, March 25, 1999, April 11, 1999; and WHEREAS, The Planning Commission held public hearings on the proposed amendments on November 12, 1998, December 10, 1998, January 14, 1999, January 28, 1999, February 11, 1999, February 25, 1999, March 11, 1999, March 25, 1999, and April 8, 1999 and considered all testimony; and WHEREAS, The Planning Commission held a work session on April 22, 1999 to consider all the amendments concurrently, as required by WCC 20.90.070; and WHEREAS, The Planning Commission has evaluated the merits of each amendment in relationship to the County Wide Planning Policies and the goals, policies and objectives of the Comprehensive Plan, as required by WCC 20.90.070; and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact, Reasons for Action, and Recommendations for all the amendments, as required by WCC20.10.110; and WHEREAS, The County Council decided to split the batch of proposed zoning map and text amendments into separate ordinances to allow for public hearings and adoption of revisions to some of the proposed amendments in advance of the other proposed amendments; and WHEREAS, the County Council finds the zoning text amendments in the best interest of the public, safety, and welfare, based on the following findings and conclusions: FINDINGS 1. Notice of the Planning Commission hearing on the subject proposal was published in the Bellingham Herald on January 4, 1999. 2. A determination of non significance was issued by the SEPA official on November 4, 1998. 3. The proposed text amendment is in the public's best interest. 4. The proposed text amendment is in compliance with the Growth Management Act RCW 36.70A. 5. The proposed text amendment is supported by comprehensive plan policies and goals 4F-4, 9H, 9H -3 and 91-1-9 and action plan item 11 (Chapter 9). 6. The proposed text amendment is not in conflict with any County Wide Planning Policy. 7. The proposed text amendment does not constitute any threat to critical areas or to resource lands. CONCLUSION Amendments to the Official Whatcom County Zoning Ordinance text should be adopted as set forth in Exhibit 1. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance text (Title 20) is hereby amended as shown in the attached Exhibit 1. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 28 day of &An 1999 WHATCOM COUNTY COUNCIL ATTTEST: WHATCOM COUNTY, WASHINGTON f Dana Brown- 1601s, I Clerk Marlene Dawson, Chairperson APPR VED as to form: Civil Deputy P secutor K pproved () Denied L,Pigie Kremen, Executive Date: lul-l— J J I:\ PLANNING \REZONE\ZONING.98\staffreports \98 combined\adopbng ordinanceMb- 98.doc Exhibit 1 20.44.100 Accessory uses. .110 Rental of bicycles and non - internal combustion water craft, provided that any structures used for such a purpose shall be no larger than 500 square feet in total area. .111 Stand alone refreshment stands, with no indoor seating, used seasonallv or intermittently, to be no larger than 300 square feet in total area. Amend WCC 20.44 under Conditional uses to make the following changes: 20.44.150 Conditional uses. .153 Rental of horses, bieycies, and non - internal combustion wateFGFaft aR golf carts. .154 Refreshment stands over 300 square feet in total area and restaurants. .164 Rental of bicycles and non - internal combustion water craft using structures larger than 500 square feet in total area. 3 I:\ PLANNING\ REZONE\ZONING.98\staffreports \98 combined\adopiing ordinanceMb- 98.doc