HomeMy WebLinkAboutord1988-1066
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INTRODUCED BY: k on- _ni-.
PROPOSED BY: Consent
DATE: December 15, 1988
ORDINANCE NO. 88 -106
AN EMERGENCY ORDINANCE TO IMPOSE A 60 DAY
MORATORIUM ON THE NEW CONSTRUCTION OR
EXPANSION OF GAS STATIONS AT POINT ROBERTS
WHEREAS, the current Interim Zoning Ordinance for
Point Roberts permits the construction and expansion of gas
stations in certain areas designated for commercial use; and,
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
at Point Roberts prior to development of a new comprehensive
plan may compromise the County's ability to effectively plan
- Ordinance - 1.
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INTRODUCED BY: k on- _ni-.
PROPOSED BY: Consent
DATE: December 15, 1988
ORDINANCE NO. 88 -106
AN EMERGENCY ORDINANCE TO IMPOSE A 60 DAY
MORATORIUM ON THE NEW CONSTRUCTION OR
EXPANSION OF GAS STATIONS AT POINT ROBERTS
WHEREAS, the current Interim Zoning Ordinance for
Point Roberts permits the construction and expansion of gas
stations in certain areas designated for commercial use; and,
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
at Point Roberts prior to development of a new comprehensive
plan may compromise the County's ability to effectively plan
- Ordinance - 1.
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for the commercial and the health, safety and welfare needs of
the Point Roberts community; and,
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, section 2.30 of the Whatcom County Home Rule
Charter requires that at least 13 days pass between the
introduction and adoption of a regular Ordinance, which would
effectively give gas station builders almost two (2) weeks to
obtain a vested right for a permit to construct or expand 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 13 day 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
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.
(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
- Ordinance - 2.
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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 60
days from the effective date of this ordinance.
BE IT FURTHER ORDAINED, an emergency does exist and
this Ordinance shall become effective immediately upon passage
and approval by the Executive;
FURTHER, the Whatcom County Council finds that this
Ordinance is necessary for the immediate preservation of
public health, safety or welfare.
- Ordinance - 3.
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PASSED this 15th day of December
ATTEST:
d
RAMONA REEVES
Clerk of the Council
APPROVED AS TO FORM:
2� w
OB CARMICHAEL
Civil Deputy Prosecuting
Attorney
- Ordinance - 4.
, 1988.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
WILLIAM P. ROEHL, Chair
( r) APPROVED ( ) VETOED
de-1
SHIRLEY VAN ANTEN
County Executive
DATE: