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HomeMy WebLinkAboutord1994-0762 WIL4TCOM COUNTY COUNCIL AGENDA BILL NO. 94 -547A CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator. Clerk 11/16 11/22/94 Council - Intro Division Head: 12/13/94 Council (no committee review needed) Dept. Head: Prosecutor. Purchasing/Budget: Executive. SUBJECT Ordinance amending Ordinance 94 -067 (the Storteboom contract rezone) ATTACHMENTS: Ordinance SUMMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below l Related County contract #: Should Clerk schedule a hearing? NO hoc / YES / / Requested date: II The Council adopted the Storteboom contract rezone on November 8, 1994. However, amendments made at the Planning and Development Committee level were not adopted by the full Council. This ordinance corrects that oversight and makes the amendments. CLERK'S RECOMMENDED MOTION (for fowl action): "I move that the Council adopt the ordinance." COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN: 11/22/94: Council introduced. 12/13/94: 12/6/94: Adopted 7 -0 Ord. #94 -076 Related File Numbers: Ordbuince or Resolution Number (this item only): Ord94 -076 6 stane.ord 11/16/94 SPONSORED BY: Nelson AB94 -547A PROPOSED BY: Clerk of the Council INTRODUCTION DATE: 11122194 1 ORDINANCE NO. 94_076 2 AMENDING ORDINANCE 94 -067 3 (THE STORTEBOOM CONTRACT REZONE) 4 5 WHEREAS, the Whatcom County Council unanimously adopted Ordinance 94- 6 067, which amended the Lynden - Nooksack Valley Subarea Comprehensive Plan Map . 7 and the Official Whatcom County Zoning Map from R5A to General Commercial, and 8 which also was referred to as the Storteboom contract rezone; and 9 10 WHEREAS, in the Council's Planning and Development Committee meeting just 11 prior to Council consideration, the following action was taken: 12 13 Harris moved to amend the ordinance as follows: On page 2 of the 14 ordinance, line 44, strike "not," page 3 of the ordinance, line 1, strike "not ", and 15 line 3 strike "not ". 16 Motion to amend carried unanimously." 17 18 WHEREAS, the amendments were not forwarded to the Council for 19 consideration prior to adoption of the ordinance; and 20 21 WHEREAS, the effect was that the ordinance was adopted without the 22 amendments; and 23 24 WHEREAS, the proponent's representative and the County's Planning Division 25 Manager, Dan Taylor, agree that the amendments should be made; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Storteboom Amendment, AB94 -547A Page I 1 Ordinance 94 -067 is hereby amended as follows, in compliance with action taken by the 2 Council's Planning and Development Committee on November 8, 1994: 3 4 1. On page 2 of the ordinance, under the "Findings" section, Finding Number 5 7 will be amended to read as follows: 6 7 "7. The request does net correct a previously unknown informational 8 error." 9 10 2. On page 3 of the ordinance, under the "Findings" section, Finding Number 11 8 will be amended to read as follows: 12 13 118. The request is not consistent with the goal of utilizing previously 14 committed land areas and existing facility investments before committing 15 new areas for development. It is also ne4 consistent with the goal of 16 providing adequate community and neighborhood commercial facilities in 17 appropriate locations while avoiding the proliferation of unnecessary new 18 commercial uses." 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ADOPTED this 6th day of December , 1994. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Ramona Reeves, Council Clerk Ro rt Imhof, Cha' APPRO D as to form: Civil Deputy Prosecutor Storteboom Amendment, AB94 -547A ( ) Approved ( ) Vetoed Shirley Van Zanten, Executive Date: l2- ►q�54• d t Page 2 o d" * Clerk's Note: The Executive declined to sign this ordinance on 12/19/94 because she disagrees with it, according to an informal, handwritten note initialed sz, which states, "I decline to sign this ordinance. According to Whatcom County Home rule Charter Section 2.30 states, in part: "If the Executive does not either sign 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 was adopted 12/6/94; therefore it takes effect 12/16/94. -Davis Acting Council Clerk dated 12/20/94