HomeMy WebLinkAboutSpecial Committee of the Whole June 12 20121
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
June 12, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 1:00 p.m. in the Council
Committee Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
1. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING WHATCOM
COUNTY ZONING CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING
MAP AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS, TO
IMPLEMENT CHANGES RELATING TO RURAL LAND USE PLANNING (AB2012-
193)
Kershner stated that discussion of agenda item one may take place in executive
session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than
1:30 p.m. If the meeting extends beyond the stated conclusion time, she will step out of
the meeting to make a public announcement.
Crawford moved to go into executive session until no later than 1:30 p.m. to
discuss agenda item pursuant to the RCW citations as announced by the Council Chair.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Kremen and Weimer (7)
Nays: None (0)
(Clerk's Note: The Committee came out of executive session at 1:30 p.m. and
moved into the Council Chambers for the rest of the meeting.)
Gary Davis, Planning and Development Services Department, referenced the draft
comprehensive plan, zoning code, and map changes recommended by the Planning
Commission on May 24, 2012. He described the timeline for the deadline. He described the
purpose of issues seven through 12.
The following people spoke and answered questions:
• Gary Honcoop, Planning Commissioner
• Tyler Schroeder, Planning and Development Services Department
• Linda Twitchell, citizen
• John Lesow, citizen
Special Committee of the Whole, 6/12/2012, Page 1
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Crawford moved to amend the Planning Commission recommendation for the
Comprehensive Plan to approve the staff recommendation for issue 7, as shown in the staff
memo from Mr. Davis to the County Council dated June 8, 2012.
The motion to amend Policy 2DD -2.A.1 carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Weimer and Kremen (7)
Nays: None (0)
Davis described the background for the second recommendation regarding issues 8
and 10 in the staff memo.
Crawford asked and there was discussion of whether horse arenas are part of the
livestock products.
Crawford moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issues 8 and 10 of the Whatcom County zoning
code sections 20.32.500 and 20.36.500, as shown in the staff memo from Mr. Davis to the
County Council dated June 8, 2012.
Crawford moved to amend the staff recommendation for WCC 20.32.500,
20.36.500, 20.32.450, '...livestock, horse arenas, or agricultural products...." He asked and
there was discussion of whether they need to define horse arenas.
Karen Frakes, Prosecutor's Office, stated they could instead change the definitions.
Kershner asked and there was discussion of whether the motion includes covered
arenas.
Crawford withdrew his motion to amend the staff recommendation for issues 8
and 10.
Knutzen asked and there was discussion of whether the Planning Commission
considered mitigation options.
Kershner asked and there was discussion of whether there can be an exception for
the 7,000 square foot impervious surface limitation and whether they can exempt roadways
from the 7,000 square foot limitation.
Brenner asked and there was discussion of exempting gravel driveways.
Kremen asked and there was discussion of whether they can still give a discount for
gravel driveways, and still pass muster with the Hearings Board.
Davis stated he would construct language to address the equine industry needs,
including covered and uncovered horse arenas and ways to deal with impervious surface on
driveways.
Knutzen stated and there was discussion of whether stormwater runoff can be
mitigated. Davis stated it's possible to create language about limiting impervious surface
unless there is mitigation.
Kershner stated the councilmembers are reluctant to set a limit that would
negatively impact property owners in their ability to put a driveway to their home or limit
Special Committee of the Whole, 6/12/2012, Page 2
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horse arenas or similar structures in the impervious surface requirements. She's
comfortable giving direction to Planning staff to propose language that will work better for
these issues.
Weimer asked and there was discussion about analysis of how much impervious
surface they can have before the environment is impacted.
Brenner asked and there was discussion about an exemption for driveways that have
to be longer to avoid critical areas.
Crawford moved to amend the staff recommendation to amend the Planning
Commission for WCC 20.32., "...parking areas and other impervious surfaces. Alternative
surfacing methods as described in WCC 20.71.603 shall not be counted toward the
impervious surface total if meeting the installation requirements under WCC 20.71.603(1)
and (2). Roadways or driveways...."
Kremen asked and there was discussion about the added cost to install those
alternative methods.
Knutzen stated he's in favor of the spirit of the motion, but will vote against it. It's
covered in the previous paragraph, which talks about structure coverage. Davis stated the
7,000 limit is only on lots smaller than a half -acre. Otherwise, the limit is 25 percent of the
size of the lot.
The motion to amend the staff recommendation to amend the Planning Commission
for WCC 20.32.500 and 20.36.500, "...parking areas and other impervious surfaces.
Alternative surfacing methods as described in WCC 20.71.603 shall not be counted toward
the impervious surface total if meeting the installation requirements under WCC
20.71.603(1) and (2). Roadways or driveways...." carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen and Kremen (5)
Nays: Weimer (1)
Absent: Mann (out of the room) (1)
Kershner moved to amend the staff recommendation to amend the Planning
Commission recommendation for WCC 20.32.500 and 20.36.500, to amend the square
footage limit , "no more than 7,009 8,000 square feet or 25 percent of the total area...."
Linda Twitchell, citizen, stated visual and wildlife considerations aren't a concern,
and there are already rules to deal with water.
Kershner's motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner and Knutzen (4)
Nays: Weimer and Kremen (2)
Absent: Mann (out of the room) (1)
Brenner moved to ask Planning staff to write language to create an exemption for
additional impervious surface required to avoid critical areas.
Brenner's motion failed by the following vote:
Ayes: Brenner, Kershner and Knutzen (3)
Nays: Crawford, Weimer and Kremen (3)
Absent: Mann (out of the room) (1)
Special Committee of the Whole, 6/12/2012, Page 3
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The motion to approve the staff recommendation to amend the Planning Commission
recommendation regarding issues 8 and 10 of the Whatcom County zoning code sections
20.32.500 and 20.36.500, as shown in the staff memo from Mr. Davis to the County Council
dated June 8, 2012 and as amended failed by the following vote:
Ayes: Crawford and Kershner (2)
Nays: Brenner, Knutzen, Weimer and Kremen (4)
Absent: Mann (out of the room) (1)
Crawford moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issues 8, 10 of the Whatcom County zoning code
sections 20.32.500 and 20.36.500, as shown in the staff memo from Mr. Davis to the
County Council dated June 8, 2012, with the 7,000 square foot limit.
The motion to amend failed by the following vote:
Ayes: Crawford, Kershner and Knutzen (3)
Nays: Brenner, Weimer and Kremen (3)
Abstain: Mann (out of the room) (1)
Kershner moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 10 regarding Comprehensive Plan policy 2DD-
2.C.7.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Weimer and Kremen (7)
Nays: None (0)
Crawford moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 10 regarding amending the zone. He asked
and there was discussion of the differences between the rural, one unit per five acres (R5A)
and the rural residential, one unit per five acres (RR5A) zones.
The motion carried by the following vote:
Ayes: Crawford, Kershner, Knutzen, Mann, Weimer and Kremen (6)
Nays: Brenner (1)
(2:50:32 PM)
Davis described the background for issue 15 regarding the Fort Bellingham /Marietta
area and the North Bellingham area.
Brenner moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 15 to change the map for the Fort
Bellingham /Marietta area.
Kershner stated the original zoning for the area is appropriate. She does not support
the motion.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Mann and Weimer (4)
Nays: Kershner, Knutzen and Kremen (3)
Special Committee of the Whole, 6/12/2012, Page 4
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Brenner moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 15 to change the map for the North
Bellingham area.
Roger Almskaar, citizen, stated there is no rural residential, two units per acre
(RR2A) defined in the table. He asked why the cluster reserve value was raised, even when
not in the agricultural protection overlay.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Mann, Weimer and Kremen (5)
Nays: Kershner (1)
Absent: Knutzen (out of the room) (1)
Davis described the background for issue 20 as it applies to the zoning code in WCC
20.82.030(3) regarding extension of services.
Crawford moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 20 as it applies to the zoning code in WCC
20.82.030(3) regarding extension of services in the staff memo.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Weimer and Kremen (6)
Nays: Mann (1)
Davis described the background issue 20 as it applies to the zoning code in WCC
20.80.100(2)(x) regarding development regulations provisions for 1990 uses.
Brenner moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 20 as it applies to the zoning code in WCC
20.80.100(2)(x) regarding development regulations provisions for 1990 uses, with an
amendment to change the word "use" to "impact" in both locations.
Kremen suggested a friendly amendment to change "a use" to "an impact."
Brenner accepted the friendly amendment.
Crawford suggested a friendly amendment, "...may permit a use other than
shown ... if there is documentation that the impacts of the changed use shall be similar to the
uses in 1990...."
Brenner withdrew her motion.
Kershner moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 20 as it applies to the zoning code in WCC
20.80.100(2)(x) regarding development regulations provisions for 1990 uses, with an
amendment to change the word "same" to "similar."
Heather Wolf stated she supports the language that staff recommends. It adds
flexibility to the chart. The Planning Commission intended to add flexibility for both building
size and use.
Special Committee of the Whole, 6/12/2012, Page 5
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The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Weimer and Kremen (7)
Nays: None (0)
(3:33: 01 PM)
Davis described the background of issue 22 as it applies to the zoning code in WCC
20.80.100(2)(b) regarding building size.
Brenner moved to approve issue 22 as it applies to the zoning code in WCC
20.80.100(2)(b) regarding building size, with one amendment, "iii. Use, referring to in the
type of similar use existing on ...."
Brenner withdrew her motion.
Crawford moved to approve issue 22 as it applies to the zoning code in WCC
20.80.100(2)(b) regarding building size.
The motion carried by the following vote:
Ayes: Crawford, Kershner, Mann, Weimer and Kremen (5)
Nays: Brenner (1)
Absent: Knutzen (out of the room) (1)
(3:48:53 PM)
Mann stated they must consider whether or not the Hearings Board will accept the
amendments, otherwise it's a drain on time and resources.
Davis described and there was discussion of issue 22 as it applies to the zoning code
in WCC 20.80.100(2)(b)(3) and 20.80.100(4)(d) regarding the limit on conditionally
approved sizes.
Crawford moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 22 as it applies to the zoning code in WCC
20.80.100(2)(b)(3) and 20.80.100(4)(d) regarding the limit on conditionally approved
sizes, with one amendment, "150% 200%."
The motion failed by the following vote:
Ayes: Crawford, Weimer and Kremen (3)
Nays: Brenner and Kershner (2)
Abstain: Knutzen (1)
Absent: Mann (out of the room) (1)
Davis described and there was discussion of issue 22 as it applies to the zoning code
in WCC 20.80.100(1) regarding the chart for uses and building sizes.
Crawford moved to approve the staff recommendation to amend the Planning
Commission recommendation regarding issue 22 as it applies to the zoning code in WCC
20.80.100(1) regarding the chart for uses and building sizes, with one amendment to the
retail /office column at the Pole & Guide Meridian row, "2,447(2,928 6,400(6,400)."
Special Committee of the Whole, 6/12/2012, Page 6
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The motion carried by the following vote:
Ayes: Crawford, Kershner, Mann, Weimer and Kremen (5)
Nays: Brenner and Knutzen (2)
Davis described and there was discussion of issue 24 as it applies to policy 2DD -1
regarding population.
Crawford moved to approve issue 24 as it applies to policy 2DD -1 regarding
population.
John Lesow stated he sent a memo regarding Comprehensive Plan policy 2DDD -1
and the Chuckanut Wildlife Corridor. The original draft from March 5 talked about
addressing specific regulatory measures that were not addressed in the order from the
Hearings Board. Those measures were removed. This is a very tepid version of population
projections. Based on public testimony, the biggest problem in the county is rural sprawl
and the number of vested short plats. Not everyone in Whatcom County is against the
Growth Management Hearings Board, or thinks the Growth Management Act is wrong.
Many people are concerned that the County does not have these specific regulatory
measures. Consider his recommended language for policy 2DD -1 to address sprawl in rural
areas. Consider strong regulations for policy 2DD -1.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Weimer and Kremen (6)
Nays: Mann (1)
Crawford moved to amend page 25 of 36, the list of area designated as rural
communities, to remove the Fort Bellingham /Marietta, Eliza Island, and North Bellingham
from the list.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Weimer and Kremen (7)
Nays: None (0)
Crawford referenced page 28 of 36 and moved to amend "...a small proportion has
been developed under a zoning al+ewing that allows lots...."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Weimer and Kremen (7)
Nays: None (0)
Davis referenced page 24 of 36 of the Comprehensive Plan document, policy 2HH-
2.A.4, about defining small scale tourist uses. The Planning Commission defines it as 20
acres. The Council may consider a smaller acreage to accommodate comments from
Futu rewise.
Crawford moved to amend Comprehensive Plan document, policy 2HH -2.A.4 on
page 24 of 36, WCC 20.63.253 on page 43 of 93, and any other language in the Code or
Comprehensive Plan regarding the tourist recreational LAMIRD, "...2-0 10 acres...." He stated
and there was discussion of whether ten acres is enough to allow people to do what they
want to enhance the economy.
Special Committee of the Whole, 6/12/2012, Page 7
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The motion failed by the following vote:
Ayes: Weimer (1)
Nays: Brenner, Crawford, Kershner, Knutzen, Mann and Kremen (6)
Kershner stated the committee will meet again on Tuesday, June 19 at 1 p.m. and
have another work session.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:00 p.m.
The Council approved these minutes on July 24, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council(g-.o.w hatcom .wa.us
Special Committee of the Whole, 6/12/2012, Page 8