HomeMy WebLinkAboutord1989-0911
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FILE REF: 07- 87.CTM INTRODUCED BY- Consent _
SUBSTITUTE ORDINANCE PROPOSED BY. • PLANNING
DATE: 9-1-8
ORDINANCE NO. 89 -91
AN ORDINANCE AMENDING THE PLAN MAP AND TEXT OF THE PLAN FOR
POINT ROBERTS, A SUPPLEMENT TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN, TO ALLOW LIMITED COMMERCIAL USE FOR A
PROPERTY ALONG TYEE DRIVE
WHEREAS, an application for an amendment to the plan map and text of the Plan for Point Roberts was
submitted on June 24, 1987, to change the Comprehensive Plan designation from Residential, Low Density to
Community Commercial for three parcels totaling 4.2 acres; and
WHEREAS, a Determination of Non - significance was issued on August 5, 1987 by the Deputy SEPA Official;
and
WHEREAS, the Planning Commission held a duly advertised hearing on September 15, 1987, and after
hearing all of the testimony and deliberating the issues the Planning Commission did not achieve a majority vote
and the action failed; and
WHEREAS, one of the original applicants petitioned the Planning and Development Committee for Council
consideration as there 1s no formal appeal process; and
WHEREAS, the Planning and Development Committee recommended a Council hearing subject to limiting
the proposal to one parcel with no access on Tyee Drive and limitations on the types of uses; and
WHEREAS, making these modifications constituted a new proposal and required a Planning Commission
hearing; and
WHEREAS, the Planning Commission held a duly advertised hearing on June 21, 1988, and after listening
to all testimony and deliberating on the Issues failed to have a majority of the Commission support a
recommendation of approval; and
WHEREAS, the Council at a public meeting on July 21, 1988, determined that the proposed text change and
map amendment would be appropriate despite a lack of a favorable recommendation by the Commission and
adopted Ordinance 88 -73 amending the plan map and text for Point Roberts; and
WHEREAS, this action was challenged on the validity of the SEPA review, and a new SEPA Determination
of Nonslgnificance was made on December 15, 1988, and after negotiation all parties concurred that the proposal
was acceptable and no further legal action would occur if the ordinance would limit the planned area for limited
commercial to the northwest quadrant of Tyee Drive intersections as opposed to the west side of said intersections;
and
WHEREAS, this modification required an additional Council hearing which was duly advertised and held on
October 5, 1989, at which time Council formally found the modification acceptable.
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FILE REF: 07 CTM
Page 2
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. The Comprehensive Plan for Point Roberts be amended as follows:
ADD TO POLICIES SECTION:
A.1.3 Limited Commercial Uses
A.1.3.1 Application: 'rhe limited commercial plan designation shall apply to Individual sites that shall from
time to time be designated on the northwest side of intersections with Tyee Drive existing at the date
of passage of this ordinance. Access will be on the side street only.
A.1.3.1.1 The lot at the Intersection of McKenzie Way and Tyee Drive (Lot 20 of the Sunrise Terrace
Plat
A.1.3.2 Uses: The commercial deslanation provides for limited retail. office professional and service uses
that will normally not generate more traffic than full development of resldentlal uses on the same
property. The uses will be of a type that will be In scale with surrounding resldentlal uses.
designated areas. The silanage allowed shall be as follows:
u Single -face signs placed on walls or eves of business establishments shall not
exceed thirty -two (32) square feet.
One free - standing sign only is permitted for each designated limited commercial
,U, Lighted signs shall only be Internally or indirectly illuminated.
L41 Reader board signs shall be allowed for tenant ldentlflcation only, and merchandise
or price special advertising shall be prohibited.
A.1.3.3 Zoning: Whatcom County Interim Zoning Ordinance, Chapter 2.24.510, Whatcom County Code,
General Protection (GPI.
2. The Council finds this to be an appropriate modification for the following reasons:
a. Point Roberts needs Increased economic opportunity; and
b. Many of the parcels in the existing areas designated for commercial have development
limitations; and
C. Allowing limited commercial uses along existing Intersections on Tyee Drive acknowledge
the existing pattern; and
d. Controlling access and the types of uses will limit the Impact on Tyee Drive.
e. The uses as restricted will be compatible In scale with residential uses In the area.
3. The Council further finds the public health, safety and general welfare are promoted by redeslgnation of the
subject property to limited commercial use.
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FILE REF. • 07-6. .;TM
Page 3
4. 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.
NOW THEREFORE BE IT FURTHER ORDAINED BY THE WHATCOM COUNTY COUNCIL:
This ordinance hereby repeals Ordinance 88 -73 in Its entirety.
PASSED this 5th day of October '1989.
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
Dave CottlnghhA
Civil Deputy Pros cuting Attorney
WHATCOM COUNTY COUNCIL
TCOM CO A INGTON
Donald G. an y, 6fialrperson,�
(APPROVED ()VETOED
z�LL v &--&
Shirley Van 2anten, unty Executive
Date /0 — &," 3�