HomeMy WebLinkAboutord1989-0091
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INTRODUCED BY: Consent
PROPOSED BY: Consent _
DATE: February 9, 1989
ORDINANCE NO. 89 -09
AN EMERGENCY ORDINANCE TO IMPOSE A 45 —DAY
MORATORIUM ON THE NEW CONSTRUCTION OR
EXPANSION OF GAS STATIONS AT POINT ROBERTS
WHEREAS, the four (4) existing gas stations at Point
Roberts far exceed the needs of its population, and are
primarily serving a substantial Canadian demand for lower
priced gasoline in the United States; and,
WHEREAS, Point Roberts is surrounded on three sides by
water and Tyee Drive constitutes the only available exit or
entrance for residents without access to a boat or plane; and,
WHEREAS, the large number of Canadian customers
visiting Point Roberts gas stations have caused long lines of
congested traffic on Tyee Drive waiting to cross the border
into Canada; and,
WHEREAS, Point Roberts is served by a volunteer fire
department which may be dependent upon assistance arriving
from across the border in the event of a major fire or other
calamity; and,
WHEREAS, the frequent traffic congestion near the
border may create a bottleneck capable of frustrating response
to emergencies and any necessary emergency evacuation efforts,
thus endangering the health and safety of Point Roberts
residents; and,
WHEREAS, the proliferation of gas stations and
increased traffic threatens the existing character and quality
of life of a geographically unique area; and,
WHEREAS, development of .another comprehensive plan for
Point Roberts is currently underway and is scheduled for
completion in the fall of 1989; and,
WHEREAS, new construction or expansion of gas stations j
at Point Roberts prior to development of a new comprehensive
plan may compromise the County's ability to effectively plan
for the commercial and the health, safety and welfare needs of !
the Point Roberts community; and,
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- Ordinance - 1.
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WHEREAS, filing a permit for new construction or
expansion of an existing gas station creates vested rights for
the permit applicant to have his application processed under
the laws that exist at the time of the application; and,
WHEREAS, the current Emergency Ordinance imposing a 60
day moratorium on the construction and expansion of gas
stations in certain areas designated for commercial use in
Point Roberts is due to expire February 1Z„ 1989; and,
WHEREAS, the Whatcom County Council will not have a
regular meeting subsequent to a February 9, 1989 public
hearing on the matter until after the 60 day moratorium has
expired, and further, under section 2.30 of the Whatcom County
Home Rule Charter an ordinance does not become effective until
10 days after signature by the County Executive, which factors
combined effectively would give gas station builders a
substantial time period before a regular ordinance could be
passed to obtain a vested right for a permit to expand or
construct a gas station at Point Roberts; and,
WHEREAS, section 2.40 of the Whatcom County Home Rule
Charter allows for passage of an Emergency Ordinance obviating
the need for a waiting period; and,
WHEREAS, in light of the above findings, the risk of
new applications for gas station construction permits presents
a sufficiently exigent circumstance to justify the adoption of
an Emergency Ordinance,
NOW, THEREFORE, BE IT ORDAINED that Whatcom County
I Code 2.24A.510.054 be amended to read as follows:
.054 Commercial uses such as retail stores, offices,
service stations, restaurants and other businesses of the like
catering directly to the consumer, together with customary
accessory uses on the same property, provided that commercial
uses shall be located in accordance with the policies for
business stated in the text of the Comprehensive Plan, unless
otherwise provided below.
- Ordinance - 2.
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( 1 ) Within the Mt. Baker Foothills area, commercial
uses shall also conform with the Overall Goal, General
Policies and Recommendations as stated in the Mt. Baker
Foothills supplement (amendment) to the Comprehensive
Plan.
(2) Within the area covered by the Birch Bay
supplement, commercial uses shall also conform with the
Goals and Objectives, Development Policies and Land Use
Policies as stated in the Birch Bay supplement
(amendment) to 'the County Comprehensive Plan. (Amended
4 -1 -78)
(3) Point Roberts commercial uses shall conform to the
goals and policies as stated in the "Plan for Point
Roberts, a Supplement to the Whatcom County
Comprehensive Plan," except that, a moratorium shall be
in effect on the issuance of any and all permits for
the new construction or expansion of gas stations at
Point Roberts for a period of 00 45 days from
the effective date of this ordinance.
BE IT FURTHER ORDAINED, an emergency does exist and
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this Ordinance shall become effective immediately upon passage
and approval by the Executive;
- Ordinance - 3.
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FURTHER, the Whatcom County Council finds that this
Ordinance is necessary for the immediate preservation of
public health, safety or welfare;
FURTHER, the Whatcom County Council finds that this
Ordinance is necessary to preserve the County's ability to
implement meaningful land use controls and thereby support the
County government and its existing institutions.
PASSED this 9th day of February
1989.
WHATCOM CO IL
' /�
Tt&TCOM COUNTY AS IN�GTON
ATTEST:
i
ONALD G. NSE 'hair
RAMONA REEVES
Clerk of the Council
( ✓ ) APPROVED ( ) VETOED
APPROVED AS TO FORM: L
SHIRLEY VAN ZANT
i County Executive
ROBERT A. CARMICHAEL
Civil Deputy Prosecuting
Attorney
- Ordinance - 4.
DATE: 2` /0 - y 1