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Home My WebLink Aboutres2001-027WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -182A CLEARANCES l ' Date Received in Council Office Agenda Dam Ass i nedm: 'glnator: Mau W.Aamot I��1< 1l,�P Y II IE C E MAY 2 2 2001 5 -29 -01 _ Council thrown Head: Sylvia Goodwin Dept Head. Hal Hart 0�fe Prosecutor: Karen Frales 06 r WHATCOM COUNTY COUNCIL Purchming/BUdgeu Eucuave: PemKremen SUBJECT: Resolution initiating an emergency Comprehensive Plan amendment to allow adult businesses in the light impact industrial zone as an administrative approval use rather than with a conditional use permit as currently required. ATTACHMENTS: (I) Proposed Resolution. SEPA review required? ( xl ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO I SEPA would & romplemdpior m fmal adoption ofthe Comp Plan Requested Date: amendment SUMMARY STATEMENT: The County Council adopted Ordinance 99- Distribution Request 070 in November of 1999 establishing regulationsfor adult businesses. This rtrdinance allows adult businesses in certain light impact industrial zones Irulicam those who should receiveampyrr Council action. Liu speck names to the right. h a conditional use permit. ADS Facilities Management There is now concern that the conditional use permit process maybe too lengthy under case law. Therefore, staff is proposing a Comprehensive Plan amendment that would allow adult businesses to locate in these light impact industrial zones as an administrative approval use, rather than with a ADS Finance ADS Haman Resources ADS Info Services Assessor Auduor conditional use permit, because the administrative approval process is much shorter. Cooperadae E-emnaion. Dismict Court' -:' Execuelve Health Hmrtng Examiner Jail COUNCIL ACTION TAKEN: JuveMle 2001-182A 5292001: Approved Si, Hoag opposed, McShane absent, Res. #2001-027 Parrs planning Hal Hart Prosecutor • Public Warn Sheriff Superior Court Treasurer Relh Other Related File Numbers: AB # 99 -074 and AB # 99 -412. Ordinance or Resolution Number ry (this item): RES .* f" 01 • o2 1 1:" 'ningN c neTmmgeacy 2001\EME01 -00002 (Adult Business) Agenda Bill doc Sponsored by: Planning 6 Development Services Proposed by: Ptannin e & Develo ment Services Introduction date: 5 29 Of RESOLUTION NO. 2001-027 INITIATING EMERGENCY COMPREHENSIVE PLAN AMENDMENT RELATING TO ADULT BUSINESSES WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the County Council consider amendments to the Whatcom County Comprehensive Plan no more frequently than once per year with certain exceptions, including emergencies; and WHEREAS, the provisions of WCC 20.10.010 and .070 indicate that emergency Comprehensive Plan amendments may be initiated for processing outside of the yearly cycle, upon approval of a resolution by a two- thirds majority of the County Council. An emergency includes when expeditious action is necessary to preserve public health, safety or welfare or support the social, economic or environmental well being of the County; WHEREAS, Ordinance 99 -070 was passed in November of 1999 allowing adult businesses in certain light impact industrial zones with a conditional use permit; WHEREAS, processing time for conditional use permits is 90 to 120 days under WCC 2.33.090; and WHEREAS, case law suggests that processing should occur within specific and brief time limits; and WHEREAS, administrative approval use permits can be processed more quickly than conditional use permits; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby initiates an emergency amendment to the Whatcom County Comprehensive Plan as shown on Exhibit A. APPROVED this 29 day of May , 2001. �ra APP VED AS TO F ivi Deputy Prosecutor WHATCOM COUNTY COUNCIL T 4oc , WASHINGTON r ar eL Chair Exhibit A GOAL 2AAA: Establish criteria for the location of adult businesses. Policy 2A-AA-1: Adult businesses will be allowed with eeadit�o..a,�,eiial --' ese administrative approval use permits in Light Impact Industrial zoning districts that are located within City Urban Growth Areas. Adult businesses will not be allowed in the Light Impact Industrial zone immediately southeast of the Bellingham International Airport because, as the main entrance to the airport, it serves as a gateway to the community. Policy 2AAA -2: Adult businesses will not be allowed in other zoning districts. Policy 2AAA -3: Adult businesses will not be allowed within 1,000 feet of a school, day care, church, park, library, residential zoning district, rural zoning district, Interstate -5 or state highway. Policy 2AAA -4: An adult business will not be allowed within 1,000 feet of any other adult business. Policy 2AAA -5: Non - conforming adult businesses will be terminated within one year of the adoption of this amendment. A maximum of four one- year extensions may be granted if needed to recoup financial expenditures made in the business.