HomeMy WebLinkAboutord1996-002WHATCOM COUNTY COUNCIL AGENDA BILL NO. 1995 -254 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned To.
Originator. County Council
12/01/95
12/12/95
Council
Division Head:
Dept. Head:
Prosecutor
iY
13,1,f A's-
Purchasing/Budget:
Executive:
SUBJECT.•
Interim zoning control, public markets as a temp use in resort commercial zones
ATTACHMENTS.
Proposed ordinance
SUMMARY STATEMENT. Please cam fete sections of box as appropriate & explain the item below.
Related County Contract #: Should clerk schedule a hearing? (Y/N) N Requested Date:
CLERK'S RECOMMENDED MOTION (for final action):
I move to approve to adopt the ordinance.
COUNCIL ACTION TAKEN.•
1985-254 -A
12/12/95: Council Introduction
112/96: Adopted as amended 7 -0. ord. #96 -002
Related File Numbers:
Ordinance or Resolution Number (this item only):
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marketslord 12/01/95 SPONSORED BY: HENDERSON
PROPOSED BY: HENDERSON
INTRODUCTION DATE: 12/12/95
ORDINANCE NO. 96 -002
AN INTERIM 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 involved in changing a
zoning control would take a period of time to conclude that would preclude any public
market from being established in 1995; and
WHEREAS, the Council adopted Ordinance 95 -028 on June 20, 1995 which
established a temporary Interim Zoning Control that would allow such a public market
to take place in 1995 while the process for a possible permanent change in controls
moves through the Planning commission; and
WHEREAS, the Planning Commission has been unable to deal with this issue to
date; and
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1 WHEREAS, the County Council adopted the following findings in support of the
2 change:
3 FINDINGS:
4 1) Resort Commercial zone districts are restricted primarily to Birch Bay and the
5 Glacier areas of the county and are appropriate districts for allowing this
6 expanded commercial activity.
7 2) The existing regulations preclude outdoor merchandising in this area.
8 3) There has been a history, and proliferation, of uncontrolled outdoor
9 merchandising in the Birch Bay area that has been difficult to regulate and has
10 put legitimate merchants at a disadvantage.
11 4) A property owner has indicated a willingness to establish a public market and the
12 Birch Bay Chamber of Commerce has endorsed the concept as a way to reduce
13 illegal outdoor merchandising.
14 5) Allowance of an organized public market will provide a forum that may reduce
15 the incidence of illegal outdoor merchandising.
16 6) The citizens of the County will reap economic benefits from the creation of a
17 public market.
18 7) The proposed Comprehensive Plan under review in Action Item # 8 of the
19 Design Section suggests greater flexibility and mixed uses in zones.
20 8) " " ef the ehange be
21 any pefffla-nei# ft*emeWaien.
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2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
3 Chapter 20.64 of the Whatcom County Code is hereby amended through the
4 establishment of an Interim Zoning Control for a' tzl period of six months from
5 the date of adoption
6 20.64.050 Permitted Uses
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.066 Public Markets subject to the following only:
(1) Submittal of a plan which includes name, address, and phone number of
the contact person; hours of operation; site layout indicating location of
vendor stalls and plans for the stalls including provision for temporary tie -
downs, trash disposal, parking, and rest room facilities.
(2) A maximum of 150 days per calendar year.
(3) Conformance with the setbacks of the zone with no parking or temporary
use in the setbacks.::::
(4) Permanent or portable rest room facilities.
(5) Provision for 1.5 parking stalls per vendor, sized in accordance with WCC
20.80.500.
(6) Vendors provide proof of a business license or a list of vendors with their
business numbers.
(7) Perimeter stalls oriented away from adjacent properties, with any outdoor
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1 equipment, trash receptacles or portable toilets screened from any adjacent
2 residential uses.
3 (8) Hours limited to 9 a.m. to 9 p.m.
4 (9) Must demonstrate compliance with accessible parking and rest room
5 requirements (WAC 51.30)
6 (10) Buffer requirements for properties adjacent to residential zones in
7 accordance with WCC 20.64.550.
8 (11) Non - illuminated temporary signs not to exceed a total of 32 square feet for
9 the market in addition to signage for each individual stall.
10 (12) Compliance with the performance standards of WCC 20.64.700.
11 (13) No overnight parking on site.
12 (14) Rest rooms to be located away from residences when possible.
13 20.64.700 Performance Standards
14 .705 There shall be no storage outdoors.
15 20.97 Definitions
16 .324 PUBLIC MARKET is definesd as a temporary use which allows no new
17 construction but does allow use of existing permanent structures or temporary
18 vendor stalls for retail sales and services designed to accommodate multiple
19 vendors with primarily seller - produced goods including produce and prepared
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I foods.
2 BE IT FURTHER ORDAINED, that if any portion of this ordinance is found to be
3 unlawful, all other portions shall remain in effect; and
4 BE IT FINALLY ORDAINED, that the above cited amendments are also forwarded to
5 the Planning Commission and Planning and Development Services Department for
6 consideration and recommendation as permanent changes to the Whatcom County Code.
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ADOPTED this 9 day of _ .Tan „a, �, , 19936
ATTEST:
WASHINGTON
12 Dana Brown -Dates; tlerk of the Council
13 APPROVED AS TO FORM:
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15 Civil Deputy Prosecutor
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
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(Approved () Denied
J �
Shirley Van Zanten, Executive
Date: 1- 5 • h