HomeMy WebLinkAboutord1990-122P WIL 0M COUNTY COUNCIL AGENDA BILL NO. AB90 -420
CLEMUNCES: Initial Date Date Received in Council Office: A enda Date: Assi ned To:
originator- Jonathon Sit,- 11IVgp Icouncil
SUBJECT.•
Emergency ordinance establishing interim controls on- C mTiercial Development between
Wiser Lake and.the Bartlett-Road and adjacent land declaring that an emergency exists.
ATTACHMENTS:
Ordinance
Public Hearing Needed? Yes No
SUMMARY STATEMENT.•
See attached Ordinance.
ORIGINATOR'S RECOMMENDED ACTION.•
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
11- 27 -90: Council passed
oRD90 -122
Related File Numbers: Ordinance or Resolution Number:
a
SUBJECT.•
Emergency ordinance establishing interim controls on- C mTiercial Development between
Wiser Lake and.the Bartlett-Road and adjacent land declaring that an emergency exists.
ATTACHMENTS:
Ordinance
Public Hearing Needed? Yes No
SUMMARY STATEMENT.•
See attached Ordinance.
ORIGINATOR'S RECOMMENDED ACTION.•
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
11- 27 -90: Council passed
oRD90 -122
Related File Numbers: Ordinance or Resolution Number:
SPONSORED BY: Consent
PROPOSED BY: Jonathon Si tken
INTRODUCTION DATE: 11 -27 -90
EMERGENCY ORDINANCE NO. 90 -122
AN EMERGENCY ORDINANCE ESTABLISHING INTERIM CONTROLS
ON COMMERCIAL DEVELOPMENT BETWEEN
WISER LAKE AND THE BARTLETT ROAD AND ADJACENT LAND,
AND DECLARING THAT AN EMERGENCY EXISTS
WHEREAS, Title 20, the official Whatcom County Zoning
Ordinance, in the Lynden - Nooksack Valley Subarea Plan, a component
of the Whatcom County Comprehensive Land Use Plan, allows for
commercial development in the general commercial zone between the
Bartlett Road and Wiser Lake; and
WHEREAS, traffic on the Guide - Meridian is now near its
capacity approaching Wiser Lake from the Bartlett Road to the
South; and
WHEREAS, Wiser Lake has been designated a "Game Preserve" on
the environmental constraints map in the Lynden - Nooksack Valley
Subarea Plan; and
WHEREAS, the Lynden / Nooksack Valley Sub -area Plan, at section
4.02.3, designates 45 acres on both sides of the Guide - Meridian
North of the Bartlett Road and South of Wiser Lake as a general
commercial zone; and
WHEREAS, that Subarea Plan, at section 4.02.3, designates
that area as a general commercial zone "...to acknowledge an
existing use. "; and
WHEREAS, it appears that commercial expansion was not
intended at the subject site as County policy in the Lynden-
Nooksack Valley Subarea Plan; and
WHEREAS, commercial expansion could be hazardous and /or
disturbing to existing and future neighboring uses, and could
result in the destruction, loss or damage of a natural and scenic
1
feature of major importance to Whatcom County, i.e. Wiser Lake;
and
WHEREAS, the Lynden - Nooksack Valley Subarea Comprehensive
Land Use Plan is a policy document which declares that it must be
flexible enough to respond to changes; and
WHEREAS, the Lynden - Nooksack Valley Subarea Plan calls for a
review every five years; and
WHEREAS, the last review of the Lynden - Nooksack Valley
Subarea was comenced at least five years ago, with a preliminary
plan being published in December, 1985, and a final draft
published in June, 1986; and
WHEREAS, the . adoption of interim emergency controls
restricting commercial development and activities in and near the
area between Wiser Lake and Bartlett Road on the Guide - meridian is
necessary to safeguard the public's health, safety and welfare;
and
WHEREAS, an emergency exists because commercial expansion for
this area has been proposed, which may not further the goals of
the Comprehensive Plan and the Sub -area Plan in light of changes
in conditions since the last review of this area; and
WHEREAS, allowing the filing of applications for building
permits under the present zoning designation would be detrimental
to the protection of the public's health, safety and welfare; and
WHEREAS, under the authority of RCW 36.32.120(7) and
36.70.790, the County Council may place a moratorium on the
processing of such applications and /or proposals until the zoning
designation is reviewed;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that upon passage of this emergency ordinance, commercial
development shall not be allowed in the general commercial zone
between Wiser Lake and the Bartlett Road to the South and
acceptance of any building permit applications shall be stayed
until January 26, 1991; and
BE IT FURTHER ORDAINED that during this emergency moratorium
the Planning Department is now, hereby, directed to review the
zoning designation of "General Commercial Lands" between Wiser,
Lake and the Bartlett Road on the Guide - meridian, and to make a
2
recommendation to the council as to what changes in
classifications, allowable uses, or specific development criteria,
if any, are necessary to the zoning classification to protect the
public's health, safety and welfare; and
BE IT FURTHER ORDAINED that this moratorium is being imposed
on an emergency basis in order to protect the public health,
safety and welfare and will take effect immediately upon passage.
ADOPTED this 27th day of November, 1990.
ATTEST;
among Reeves, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
K.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ey, unan.rman
(VI Approved ( ) Denied
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Shir ey Van anten
County Executive
Date: 11-