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Home My WebLink Aboutord1994-028WHATCOM COUNTY COUNCIL AGENDA BILL NO. 94- 248 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Planner: Jeff Griffui 03/18/94 R E C E 0 V E[0 APR 2 0 1994 WHATCOM COUNTY COUNCIL 4/26/94 Council introduction .vision Head: Dan Taylor --tr)Df 5/10/94 R &D/ Council Dept Head: Nate Brown Prosecutor: 4 5 ��4Ik�F Purchasing/Budget: Executive: SUBJECT: File #07- 93:ZT: An Ordinance Amending the Official Whatcom County Zoning Ordinance, Title 20, to allow indoor and outdoor live commercial entertainment as a conditional use' in the rural zone. ATTACHMENTS: Proposed Ordinance Agency Report with attached Staff Report Draft Planning Commission Minutes SUMMARY STATEMENT: Please complete sections of box as appropriate & explain the item below. Related County contract #: n/a Should Clerk schedule a hearing? NO / / YES / X / Requested date: Amount budgeted for this item/project: S n/a Is it (or will it be) within budget? YES / / NO /. / (Please explain below) n/a Budget line item number(s): n/a `.L ..,s ordinance, in response to a private request, expands the conditional uses allowed in the Rural Zone to include live commercial entertainment when the project requires a rural environment to fulfill its entertainment objectives. Although a majority of Planning Commission members at the hearing approved the request (4 -3), it did not receive the five votes required in order to make a recommendation. It appeared that at least one member, however, voted against the amendment due to a change made by the majority present to include Rural 5 Acre zones in the request in addition to Rural 10 Acre districts. If Council wants to act upon the request, a new hearing must be scheduled. ORIGINATOR'S RECOMMENDED ACTION. • The Director of Planning and Development Services recommends Council schedule a hearing and adopt the proposed ordinance. COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN: 4/26/94: Council introduction 5/10/94 Council adopted the ordinance with amendments. 5 -2, Henderson and Harris opposed Related Fite Numbers: Ordinance or Resolution Number (this item only): Ord 94 -028 1 .ord File 07-932T 04/18/94 SPONSORED BY: Planning PROPOSED BY: Council INTRODUCTION DATE: 4/26/94 ORDINANCE NO. 94 -028 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ALLOW INDOOR AND OUTDOOR LIVE COMMERCIAL ENTERTAINMENT AS A CONDITIONAL USE IN THE RURAL ZONE. WHEREAS, an application was submitted to amend the text of the Rural Zone to allow pioneer and western oriented live entertainment as a conditional use; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, March 31, 1994; and WHEREAS, a Determination of Non - Significance had been issued on February 1, 1994, by the responsible Deputy SEPA Official; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on April 13, 1994, and considered all testimony and after due deliberation forwarded the matter to the County Council without a recommendation; and WHEREAS, the Council held a public hearing on May 10, 1994 to consider this matter and after due deliberation approved the matter; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: Findings 1. Music entertainment facilities are regulated by County business laws where the attendance is greater than one thousand people. Existing County zoning regulations, however, do not adequately define and provide for such uses. 2. Ownership and property history and a requirement for a rural setting have dictated the location of the applicants project. 3. The primary purpose of the Rural comprehensive plan designation is to provide areas of multiple use suitability such as agriculture, forestry, mining, low density residential and home occupations. Secondary uses established in the zoning code allow some uses comparable to the request. 4. Wide use of this amendment request would conflict. with the County's Regional Page 1 Design Goals, which encourage the conservation of resource lands and discourage uses requiring urban level services in rural areas. 5. The request supports county economic goals which encourage diversified economies, including tourist economies. 6. The conditional use process would ensure that site specific issues are recognized and addressed such as noise and traffic safety issues. Conclusion This text amendment, if approved, could be designed in order to achieve the applicants request in a limited manner. Curtailing the wide use of this text amendment by narrow definition would also detract less from County -wide Regional Design Goals and the stated purpose of the Rural zone. The conditional use process would ensure that site specific issues are mitigated or avoided. NOW, THEREFORE, BE IT- ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20, Chapter 36, Rural District is hereby amended as shown in the attached Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this 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 10th day of May , 1994. ATTEST: eZ4,,Vt,� zz= Ramona Reeves, Council Clerk APPROVED as to form & content: Karen Frakes, Civil Deputy P osecutor CLERK'S NOTE: The County Executive has declined to sign Ordinance 94-M for the reasons cited in her note (affixed over her signature lines, at right). Whatcom County's Home Rule Charter Section 2.30 states: "If the Executive does not either sip or veto an ordinance within ten (10) days, Saturdays, Sundays, and Holidays excepted, after presentation of the ordinance by the Council, it shall become law without the Executive's signature." This ordinance will take effect as of May 20, 1994. . Ramona Reeves, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Zia Ro rt Imhof, bhairf rson ( ) Approved ( ) Denied 5 1-g - g Shirley Van Zanter, Date: ., .�C. Page 2 �i5 k l Ai L� UAW, 1 EXHIBIT A 2 3 4 The Official Whatcom County Zoning Ordinance, Title 20, Chapter 36, Rural District, 5 Section .150, Conditional Uses, is hereby amended by adding the following: 6 7 .175 Indoor and Outdoor, Live Commercial Entertainment, provided that: 8 9 a. The use is located within a Rural Ten Acre (131 ON District, and upon at least 10 a ten acre parcel. 11 b. The use requires a rural setting to be compatible with its entertainment 12 theme. 13 C. Maximum attendance is limited to one thousand (1000) persons per day. 14 d. Accessory food service. and gift shop activity is limited to five hours per day, 15 liquor service is prohibited. 16 e. The use shall not exceed maximum environmental noise levels established by 17 State law (Chapter 173 -60 WAC). 18 f. The use will not generate primary traffic flows on local access roads where 19 adjacent residential density exceeds one unit per five acres. 20 g. Minimum buffering shall be required as established in WCC 20.80.345, 21 provided that minimum side and rear yard buffers are at least fifty (50) feet. 22 h. Limited hours and seasons of operation are established. 23 L One on- premise free standing sign is permitted only, not to exceed ten (10) 24 feet in height and twenty -four (24) square feet in surface area per face, and 25 not exceeding two (2) faces per sign. 26 j. Off - street parking is provided for, consistent with WCC 5.40.040; overnight ?7 RV parking and /or camping is prohibited. 28 Page 3