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Home My WebLink Aboutres1981-0041 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 DAi January 22, 1981 INTRODUC.':... BY: PROPOSED BY: RESOLUTION No. 81 -4 IN THE MATTER of referring changes and additions to the proposed Comprehensive Plan for the Ferndale /Cherry Point Subarea to the Planning Commission for a report and recommen- dation pursuant to the Planning Enabling Act RCW 36.70.430 and RCW 36.70.440. Roehl Council WHEREAS, the County Council considered and reviewed the proposed Comprehensive Land Use Plan for the CherryjPoint Ferndale Subarea in recommendation to approve such.plan as referred by the Whatcom County Planning Commission. The review was undertaken on three separate. occasions, January 6, Janurary 13, and January 19, and; WHEREAS, the County Council deems it in the public interest to initiate consideration of changes and additions to the proposed plans, and; NOW THEREFORE, be it resolved by the County Council of Whatcom County: 1. That the proposed Comprehensive Plan for the Ferndale/ Cherry Point Subarea be referred back to the Planning Commission for a review of changes, additions and specific areas of concern as contained in the Minutes of our Meeting of January 13 and 19. (Attached herein and incorporated by reference). 2. That the Council has expressed a desire to hold the required public hearing as required in RCW 36.70.440. PASSED this 22nd day of January 1981. WHATCOM COUNTY COUNCIL, WHATCOM COUNTY, WASHINGTON Chairperson,JShirley VanZanten ATTEST: (�� ice- 2 _ Clerk of the ouncil APPPQVED AS TO FORM: V t � �_ lr PHILIP A.-tSERKA, Special Deputy Prosecuting Attorney RESOLUTION - 1 FLYNN, ADELSTEIN & SHARPE SUITE 4 BELLINGHAM LEGAL CENTER BELLINGHAM. WASHINGTON 98225 (206) 676 -0660 • 671 -7700 Phone 676 -6717 384 -1403 SCAN 644 -6717 - Y COUNTY COUNCIL / Shirley Van Zanten 311 Grand Avenue Don Hansey Bellingham, Washington 98225 Larry McIntyre C.J. Johnson R.W. "Bob" Muenscher J.V. "Jim" Hawley, Jr. Will Roehi COMMITTEE Or THE WHOLE 1]inuLes Tuesday, January 13, 1981 This meeting was a continuation of Council's review of the pi:•oposal received from the Planning Commission to amend the 1.970 Whatcom County Comprehensive '1'ext and Map for the Cherry Point - Ferndale subarea, the meeting continued from January 6. The meeting was called to order at 7:35 p.m. by Will Roc ?hl., Chairman of the Planning Committee. All Council members were present. Also present were Bill Triinm and Mike Nicholson of the Planning staff. Chairman Foehl polled the Council for any conflict of interest in participating in decision making on the Cherry Point - Ferndale subarea Com- prehensive Plan amendment. All answered in the negative. The discussion began on page 26 of the proposed Comprehensive Plan amendment and proceeded through the policies of each of the land use desig- nations. In the course of the discussion, numerous questions of clarification were raised to which staff responded. Action was taken as follows: In the Urban Reserve section 1. Nielntyre moved, on page 30, Section 1.10.2 to revise the language in the first line to read: "To- .:further a joint exchange.of .i.nformation, Whatcom County shall send copies of the applications. , and in Section 1.10.3 to.,revise the first Line to read: "The City of Ferndale shall send copies of future. ." Motion passed,. 2. Hansey moved, page 26 in the Intent Statement, second paragraph, line 6, "prior to the provision of services" be.changed to read "prior to the approval of an acceptable plan for provision of services." Passed. In the Residential-Rural Section 1. Van ` /..,anten moved, page 31 in the Intent Statement, second to the last l.i.ne, delete "strongly encourage the use'' and insert "provide; for the option." Passed. 2. Hansey moved, page 31, Section 1.03,- line 5, after "acres" add "unless is is cont:i.z;uous to subdivisions presently zoned one per acre or less, in which case the lot size shall be one per acre, provided application has been made prior to adoption of this plan.'' Passed. Committee of the Whole minutes January 13, 1981 page two 3. McIntyre moved to request the Planning Commission, staff and legal counsel to determine if the language in Section 1.03, page 31 consti- tuted spot zoning or not. Passed. 4. I1ansey moved, page 31, Section 1.03, lines 8 & 9, delete "strongly encourage" and insert "to provide the option of ". Passed. 5. Hansey moved, page 32, Section 1.04.1, line 3, add after "two acres" "subject to the provisions of Section 1.03 ". Passed. 6. McIntyre moved, page 32, Section 1.04.2 change to read "Minimizing encroachments of ingress and egress along existing county roads shall be encouraged by the County." Motion defeated. In the Rural Section 1. Hansey moved, page 33 in Intent Statement, 3rd paragraph, line 8, strike "sensitive" and insert "fragile ", place a comma after areas, strike "and ". Passed.- ?. Hansey moved, page 33 in Intent Statement, second to last line, strike "encourage the use" and insert "Provide for the option ". Passed. 3. Hansey moved, page 34, strike all of Section 1.03, 1.03.1 and 1.03.2 and insert a new section 1.03 to read: "RURAL POLICY '1.03 The Rural land use designation shall be implemented through the use of the Rural Zone District which allows a maximum land use density of one dwelling unit per five acres. Pursuant to Policy 1.04, this district shall also contain a provision for a 'cluster option' of subdivision design." Amendment passed by 4 -3 (Muenscher, Van Zanten, Roehl) vote Muenscher offered an amendment to change one per five acre to 1 per Seven acre, but after discussion, withdrew it. Z1. Hansey moved, page 34, Section 1.04, line 2, to strike "strongly en- couraged" and insert "provided ". Passed. S. Hansey moved to request the Planning Commission to review Section -1.06, page 35, as to its appropriateness. Passed. In the Agricultural Section and "the Public Policy Section, no changes were made. ' In the Light Industrial Park Se4tion I. Hansey moved to request: *'h'T 'T,, Planning Commission to review the use of the word "xziiblic" in "publ'c approval of sewer and water services" found in the Intent StatergOnt, page 41 and in Section 1.06,page 42. Passed. il:' Committee of the hhole minutes January 13, 1981 page three 2. Hansey moved, page 41, Section 1.02, strike language in .line 2 beginning with "relate" through "facilities" in line 6, and insert "be as pro- vided in the zoning ordinance." Passed. At this point, Iiawley moved to have the Council hold a public hearing on the Plan proposal in January or early February. After discussion on whether Council should hold a public hearing and when Hawley withdrew his motion, a majority opionion was registered by Council members that -they wish to hold the additional required public hearing and that this wish be trans- mitted to the Planning Commission. In the Heavy Impact Industrial Section, no changes were made. In the Community Facilities and Utilities Section 1. Hansey moved, page 46, Section 1.04, line 5, strike "on site ". Passed No changes were made in the Transportation /Circulation or Environmental Sections. The Council will meet again in committee, Monday January 19 at 8:30 1).m. to finalize their review and prepare to send the requested changes back to the Planning Commission. Written copies of the changes proposed so far are to be available Friday, January 16. The meeting adjourned at 10:40 p.m. Phone 676 -6717 384 -1403 + _ SCAN 644- 6�77117� C ®c� COUNTY COUNCIL Shirley Van Zanten 311 Grand Avenue Don Hansey Bellingham, Washington 98225 Larry McIntyre C.J. Johnson R.W. "Bob ".Muenscher J.V. "Jim" Hawley, Jr. Will Roehl WHATCOM COUNTY COUNCIL COMMI'T'TEE OF THE WHOLE Minutes January 19, 1981 The meeting was called to order at 7:35 p.m, by Will Roehl, Chair-man of the Planning Committee. All council members were present as well as Bruce Disend of the P. A. 's office. Bob Partlow of the Bellingham I-Ier•ald was also in attendance. The meeting was called to discuss the appeal. of Bill Clement regarding an administrative decision of the Hearing Ex- aminer. It was called as an executive session. Mr. Disend spelled out the law under which the Council. was acting and the various options for action. There was discussion on whether or not the meeting should go into .executive session. A motion by Van Zanten to close the meeting and go into executive session passed with McIntyre being the one dissenting vote. Mr. Parlow registered an official objection to closing the meeting and then left the meeting as did Council member McIntyre. Discussion followed between the Council and Mr. Disend on the matter. The meeting recessed at 8:40 p.m. WI STOM The Council reconv.ened.at 8:50 p.m, as a committee of the whole to further consider the proposed amendment to the Comprehensive Plan for the Cherry Point- Ferndale subarea., Councilman McIntyre was absent. Also present were staff members Mike Nicholson and Bill, T'rimm. Councilman Roehl served as chairman. There was discussion on the minutes of the January.13 meeting as presented. It was agreed that on page 3, second paragraph the 114 to 3" opinion should read "majority" and to scratch the words "on the proposed plan changes" on line 5 There was a lengthy discussion on the Environmental Policies section. Hansey moved to refer Section J, Environmental Policies back to the Planning Commission to revi.ew'Ithe language (particularly in the Intent S-Latement, 1.05, and 1.07) per the suggested changes presented by Hansey and the staff (copies attached) and report a recommendation back to the Council. Motion passed. There was discussion on the Plan Amendment See-Lion. ti ConlM.ittee of the? minutes .January 19, 1981 pag- ' 2 Ilansey rnoved that we request the Planning Commission to review the (_'or,ij)rL_,hensi%,e Plan Amendments Section, particularly the language in para- graph 3, in ru�gard to the private sector being able to initiate plan text <a.mm,ndment s also. Motion passed. Ilansey raised the problem that the commercial star at the Grandview fwad and i -5 interchange on the Plan Map has no accompanying language in the text. Hansey m c moved to include in the Rural Policies section, a section to read: "Rural the; need for provision of convenient commercial , service, and overnight facilities for industrial. and tourist traffic between the freev%,ay and the Cherry Point -Birch Bay area, it is the policy of Vihatconr County to encourage development of a planned highway commer- cial center at the northeast quadrant of the Grandview Interchange." After cii: >cussion, Ilansey withdrew his motion. He then moved � e re- quest the Planning Commission to consider appropriate language in the Plan `1exL to implement the intent of the commercial star at Grandview and I -5 intersection on the Plan Map. The motion passed with Muenscher abstaining buc:.ause of a possible conflict of interest. There being no further changes council members wished to propose, it was agreed the Chairperson would see that a resolution to the Planning Conirnission incorporating Council's requested changes in the proposed Plan ;cinc�ndnrent be drafted for Council's consideration at the January 22 meeting. The meeting adjourned at 10:10 p.m. J. ENVIRONMENTAL POLICIES Intent Statement: The intent of the following policies is to minimize detrimental impacts to human life, property, natural environment, and identified environmentally sensitive areas; manage non - renewable natural resource areas in a manner which will permit future utilization; maintain and enhance environmental quality with reference to air, water and noise. Policy Statement: 1.01 No Change. 1.02 No Change. 1.03 No Change. 1.04 No Change. 1.05 It is the policy of Whatcom County to maintain and /or enhance surface water quality consistent with Federal and State standards by adoption and implementation of _Cha -pter #70-of the Uniform Building Code. Furthermore, consideration of wetlands such as swamps, bogs, marshes and ponds for their capacity as natural catchment basins shall be en- couraged. 1.06 No Change. 1.07 It is the policy of Whatcom County to avoid the wasteful or destruc- tive identified critical wildlife habitats. The identification of critics wildlife habitats to be pursuant to State Environmental Policy Act WAC 197 -10 -177. 1.08 No Change. 1.09 No Change. 1.10 It is the policy of Whatcom County pursuant to the 'State of Washington Environmental Policy Act (WAC 197 -10 -177) to identify and designate N the environmentally sensitive areas, the intent of which is to establish uses which should no longer be considered as categorical exemptions within such areas-as provided in the County's Environmental Policy Guideline Ordinance. The Whatcom County Environmental Review Committee is herein directed to prepare a.map clearly indicating the location intent and selection of exemption of the Environmentally Sensitive Areas which shall be considered as recommendations for adoption (pursuant to WAC 197- 10- 177),'as part of the Whatcom County's Environmental Policy Guidelines Ordinance. Ii. ENVIRONMENTAL POLICIES 7,,t nt gi-str_,mi�nt The intent of the following policies is to minimize detrimental. impacts to human life and property, to avoid wasteful or destructive use of crit- ical wildlife habitats in recognition of their irreplacable character, manage non - renewable natural resource areas in a manner which will permit future utilization, and maintain and enhance environmental quality with reference to air, water and noise. •• 1.05 It is the policy of Whatcom County to maintain and /or enhance Surface water quality consistent with applicable Federal and State standards by adoption and implementation of Chapter No. 70 of the Uniform Bu.ild- ing Code. Furthermore, wetlands such as swamps, bogs, marshes and ponds shall be conserved in recognition of their capacity as natural catchment basins. 1.07 It is the policy of Whatcom County to identify and conserve, critical wildlife habitats by encouraging public ownership of such areas or by encouraging; recognition of the resource by private owners through utilization of the Washington State Open Space Taxation Act (R.C.W. 59.34). Further, pursuant to the State Environmental. Policy Act (1�.C.IY. 43.21C and W.A.C. 197 -10- 177(2)), critical wildlife habitats shall be designated as Environmentally Sensitive Areas, the intent of which, is to protect such areas from detrimental impacts. The Whatcom Countv Lnvironmental Review Committee is herein directed to establish Environmentally Sensitive Areas pursuant to W.A.C. 197 -10- 177(2) for County Council review and ��6,ertification /adoption of such designations. i lli ,