HomeMy WebLinkAboutPlanning September 27 20111
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
September 27, 2011
CALL TO ORDER
Committee Chair Bill Knutzen called the meeting to order at 3:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (3:02:13 PM)
Present: Ken Mann, Bill Knutzen and Barbara Brenner.
Absent: None.
Also Present: Carl Weimer, Sam Crawford, Tony Larson and Kathy Kershner.
COMMITTEE DISCUSSION
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP IN
THE BIRCH BAY AREA FROM 115A TO R10A (AB2011 -310)
Matt Aamot, Planning and Development Services Department, submitted and read
from a presentation (on file). He described the two rezone options that include parcels one
through three or one through four. Staff and the Planning Commission recommend option
one, to rezone parcels one through three.
The following people answered questions:
• Travis Bouma, Public Works Department
• Roxanne Michaels, Planning and Development Services Department
Knutzen asked and there was discussion of:
• How the rezone would affect mitigation on parcel three.
• How this will be affected by required flood plain mapping.
Brenner asked and there was discussion of the County's obligation for an approved,
vested plat.
Kershner asked and there was discussion of:
• Why the area, which is in a flood plain, is in an urban growth area (UGA)
reserve designation.
• How many acres are in parcel one, and how many homes could be built on
that parcel.
• Whether this rezone is consistent with the Comprehensive Plan policies, per
the Hearings Board.
• When this area flooded last.
• When they can look at the Comprehensive Plan in terms of best available
science.
Planning and Development Committee, 9/27/2011, Page 1
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Knutzen moved to uphold the Planning Commission recommendation.
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FOR APPROXIMATELY 470 ACRES SOUTH OF DRAYTON HARBOR ROAD AND
NORTH OF LINCOLN ROAD, FROM THE DESIGNATION OF RURAL 1 UNIT PER
10 ACRES TO RURAL 1 UNIT PER 5 ACRES (AB2011 -274) (3 :23:50 PM)
Peter Gill, Planning and Development Services Department, gave a staff report and
stated the Planning Commission recommends approval.
Brenner asked and there was discussion of the staff recommendation. She moved
to recommend approval to the full Council.
Weimer stated the Drayton Harbor Shellfish Protection District Advisory Committee
may want a hearing.
Brenner withdrew her motion. She moved to schedule a public hearing.
Kershner asked and there was discussion of whether this area drains into Drayton
Harbor.
Crawford stated and there was discussion of not needing a public hearing.
Brenner asked and there was discussion of public notice given for the Planning
Commission hearing.
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
COMMITTEE DISCUSSION
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.14 WIND ENERGY
SYSTEMS (AB2011 -223) (3 :33 :05 PM)
Wain Harrison, Public Works Department, gave a staff report and stated the Planning
Commission recommendation is in the packet. Suggestions for language changes follows
the original language.
Brenner stated the summary of her suggested changes, shown in Staff Report
Addendum A, section 20.14.052, is incorrect. She wanted to reduce setbacks in commercial
forestry (CF) and Heavy Impact Industrial (HII) zones to whatever everyone agrees to.
Planning and Development Committee, 9/27/2011, Page 2
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Don't apply that to zoning that allows houses, which should not allow the system a
reduction of the setback. She asked and there was discussion of:
• Not allowing a reduction in setbacks administratively.
• Setbacks according to system size.
• Having bigger setbacks when it borders properties with houses.
Mann referenced the two alternatives for section 20.14.041. Remove the rural
forestry (RF) zone in the last row of the Councilmember Mann alternative.
The Committee concurred.
Mann stated and there was discussion of changing the conditional use permit
requirement in .041 to an administrative permit.
Brenner moved to amend to remove the RF zone from section .041. She
withdrew her motion.
Mann moved to amend to remove the RF from the last row from the
Councilmember Mann alternative for .041 and approve the Councilmember Mann alternative
for .041 without the RF.
Crawford asked and there was discussion of height requirements for the small wind
energy system (SWES).
The motion to amend carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Knutzen moved to amend to strike the RF from the Multiple SWES row in the
Councilmember Mann version of .041. He withdrew his motion.
Harrison referenced and there was discussion of the two alternatives for section
052.
Brenner moved to amend the Brenner alternative for .052, in the last two rows of
the table, to add a sentence, "However, there shall be a minimum one -half mile setback
from any adjacent zone that is not AG, CF, or HII."
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Mann and Knutzen (2)
Mann moved to amend the Brenner alternative for .052, the middle and last rows,
to choose the "3 times" and °1.5 times" options.
The motion to amend carried by the following vote:
Ayes: Mann and Knutzen (2)
Nays: Brenner (1)
Knutzen moved to amend the Brenner alternative for .052(1), "...the applicable
deed(s), or if acceptable mitigation is approved by either the Zoning ... Hearing Exangine-F
adjacent property owners."
Planning and Development Committee, 9/27/2011, Page 3
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The motion to amend carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann moved to add language to .052(4), "Setbacks to other WES: A WES may not
be placed such that it substantially disturbs the wind flow into another WES. A new WES
may not be placed such that another non - participating WES falls within an egg- shaped
exclusion zone around the new WES defined by an axis along the primary wind direction. In
the upwind direction, the exclusion zone shall have a semicircular shape with a radius three
times the Rotor Diameter of the new WES. In the downwind direction, the exclusion zone
shall have a semi - elliptical shape extending eight times the Rotor Diameter of the new WES
along the axis downwind and extending three times the Rotor diameter of the new WES in a
direction perpendicular to the axis. In this way, the new WES will be at least three of its
rotor diameters behind, three to the side of, and eight in from of a pre- existing WES."
The motion to amend carried by the following vote:
Ayes: Mann and Knutzen (2)
Nays: None (0)
Abstain: Brenner (1)
Mann moved to approve the Mann version of 20.14.060 with an amendment,
.061(1), "Audible sound is not to exceed 20 dB(a) above ambient background noise or a
total of 55 dB(a), whichever is greater ." He
withdrew his motion and moved to approve the Mann version of 20.14.060 as -is.
The motion carried by the following vote:
Ayes: Mann and Knutzen (2)
Nays: None (0)
Absent: Brenner (out of the room) (1)
Mann moved to delete section 21.14.080 in its entirety and replace it with
alternative language, "Within 12 months of the date when the project is fully operational, a
qualified acoustical consultant approved by Whatcom County shall conduct a sound
measurement analysis according to standard industry best practices and to a protocol
satisfactory to the Planning and Development Services Department (PDS)."
There was discussion about measuring noise levels at a location for a proposed wind
energy system, pre- construction.
Mann withdrew his motion. He will present alternate language at a later time.
Mann moved to hold in committee.
The Committee concurred.
OTHER BUSINESS
There was no other business.
Planning and Development Committee, 9/27/2011, Page 4
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ADJOURN
The meeting adjourned at 5:04 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�.o.w hatcom .wa.us
Planning and Development Committee, 9/27/2011, Page 5