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Home My WebLink Aboutord1988-073FILE #07- 8,..l7M INTRODUCED BY: Cc' ;nt PROPOSED BY: Council DATE: July 7, 1988 ORDINANCE NO. 88 -73 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, a duly advertised hearing was held by the Planning Commission on September 15, 1987; and WHEREAS, 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 is 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 Commisison 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; NOW THEREFORE BE IT RESOLVED by the Whatcom County Council that: 1. The Comprehensive Plan for Point Roberts be amended as follows: FILE #07- 87:CTM -- Page 2 of 3 ADD TO POLICIES SECTION: A.1.3 Limited Commercial Uses A.1.3.1 Application: The limited commercial plan designation shall apply to individual sites that shall from time to time be designated on the west 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 designation Drovides for limited retail. office professional and service uses that will normally not generate more traffic than full development of residential uses on the same property. The uses will be of a type that will be in scale with surrounding residential uses. To insure the above objectives the following requirements should be met in addition to the normal development standards of the General Protection zone. In case of conflict the most restrictive require- shall be as follows: it Single -face signs placed on walls or eves of business establishments shall not exceed thirty -two (32) square feet. 121 One free - standing sign only is permitted for each designated limited commercial area. The sign shall not exceed sixty -four (64) square feet with a maximum height of ten (10) feet. Lighted signs shall only be internally or indirectly illuminated. Reader board signs shall be allowed for tenant identification 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 (GP). 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 FILE #07- 87:CTM -- Page 3 of 3 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 redesignation of the subject property to limited commercial use. 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. PASSED this 4th ATTEST: Clerk of the Council APPROVED AS TO FORM: day of August , 1988. Dave Cottingham Civil Deputy Prosecuting Attorney Published 7/20/88 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Chairperson (✓f APPROVED ( ) VETOED kL V G,,.. Shirley Van Zanten, t6unty Executive Date August 5, 1988 and 8/10/88 This Ordinance becomes effective August 15, 1988 , 1988.