HomeMy WebLinkAboutSpecial Committee of the Whole February 8 20111
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
43
44
45
46
47
48
49
50
51
52
WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
February 8, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 1:03 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (1:03:38 PM)
Present: Barbara Brenner, Sam Crawford, Bill Knutzen, Kathy Kershner and Tony
Larson.
Absent: Ken Mann and Carl Weimer.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING A DRAFT 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 (AB2010-
072A)
The following people answered questions:
• Gary Davis, Planning and Development Services Department
• Roxanne Michael, Planning and Development Services Department
Kershner moved to replace existing policy 2B -7, and renumber accordingly, "2B -6
A master planned resort may include other residential uses within its boundaries, but only if
the residential uses are integrated into and support the onsite recreational nature of the
resort." This is language in the Revised Code of Washington (RCW) 36.70A.360(3).
Crawford suggested a friendly amendment to remove the word "other" from the
motion.
Kershner accepted the friendly amendment.
Brenner suggested a friendly amendment to add language from the existing
policy 2B -7 to the motion, "The density of such residential uses should be consistent with
density requirements of the planned unit development regulations."
Davis stated addressing density of planned unit developments could be a new
process that goes through the Planning Commission.
Brenner withdrew her friendly amendment.
Kershner withdrew her motion.
Special Committee of the Whole, 2/8/2011, Page 1
1
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
43
44
45
46
47
48
49
50
51
52
53
Brenner moved to amend policy 2A -11, "...when urban growth boundaries anger
' 4NIRD ",.....daFl s are designated.
ewned by the sarne persons er entities and also by affiliated e eernrneR
ewnersh+p-. This should be accomplished without expanding UGA boundaries
beyond...."
Larson stated he would like the Council's legal counsel to review the language.
Brenner withdrew her motion.
Knutzen referenced 2HH -1(B) and asked why it doesn't include a section (5)
regarding vesting. Davis stated vested rights aren't considered a built environment, so it's
not a criteria for a LAMIRD.
(1:31:50 PM)
Knutzen moved to amend policy 2HH1- (B)(4), "5. Vested, except existing zoning
may not be a sole criterion for designation." This is similar to the existing zoning.
topic.
Crawford stated they need legal review of this motion. Vesting is a complicated
Knutzen withdrew his motion.
Kershner moved to amend the narrative for Limited Areas of More Intensive Rural
Development (LAMIRDs) section, last paragraph, "...while Rural Tourism and Rural Business
designations (Type II and III LAMIRDs) apply to lots that contain iselated small -scale tourist
uses and isolated businesses respectively."
Brenner suggested a friendly amendment to break up that paragraph into three
sentences, each describing a LAMIRD type.
Kershner withdrew her motion and asked staff to come up with the
Councilmember Brenner's suggested change.
Larson moved to amend policy 2HH- 3(A)(2)(a) to eliminate the date,
SeptembeZ , 2095....„
Davis stated the purpose of the date is to define the difference between new and
existing uses. They need to somehow make sure these things are isolated, such as a
spacing requirement.
Crawford suggested a friendly amendment to amend policy 2HH- 3(A)(2)(a),
"Contained past or current nonresidential uses en SeptembeF 20, 20 and was located
within a commercial,...."
Larson accepted the friendly amendment.
Kershner stated the language from the Growth Management Act (GMA) is very clear.
Use that language.
Special Committee of the Whole, 2/8/2011, Page 2
1
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
43
44
45
46
47
48
49
50
51
52
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
(2:00:05 PM)
Crawford moved to amend 2HH- 3(A)(2)(b) to delete the existing language and use
language straight from the GMA, "Allow for new development of isolated cottage industries
and isolated small -scale businesses that are not principally designed to serve the existing
and projected rural population and nonresidential uses, but do provide job opportunities for
rural residents."
Brenner stated she would like a definition of small scale that provides flexibility.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
(2:07:26 PM)
Larson moved to amend policy 2HH- 3(B)(1), "A Rural Business designation on a lot
or small group of lots containing nonresidential uses en September 20, 2985 should be
separated from other LAMIRD designations, regardless of type, by no less than one -half
mile by public road, except where the other LAMIRD area is separated by a major physical
feature such as a water body, freeway, major road, or other physical feature."
Kershner asked the Planning staff to suggest with language, and define what is
considered isolating factors. Davis stated that the GMA doesn't give a definition for isolated.
The motion carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Larson (4)
Nays: None (0)
Abstain: Brenner (1)
Absent: Mann and Weimer (2)
Brenner moved to remove 2HH- 3(B)(2).
The motion offered failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Crawford, Kershner and Larson (3)
Absent: Mann and Weimer (2)
Brenner moved to amend the first paragraph of the narrative in the Rural
Communities section, "...post offices, and /or public transportation."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
Special Committee of the Whole, 2/8/2011, Page 3
1
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
43
44
45
46
47
48
49
50
51
52
53
Knutzen moved to amend the second paragraph of the narrative in the Rural
Communities section, "...development is possible, but at an intensity eensistent with the
development that existed On 199G."
Kershner suggested a friendly amendment to change the word "possible" to
"encouraged."
Knutzen accepted the friendly amendment and moved to amend the second
paragraph of the narrative in the Rural Communities section, "Beeaase As undeveloped lots
may be included within Rural Community boundaries, infill development is encouraged
pessible, but at an intensity eeRsisteRt with the develepment that existed in 19 ."
The motion failed by the following vote:
Ayes: Knutzen and Kershner (2)
Nays: Brenner, Crawford and Larson (3)
Absent: Mann and Weimer (2)
Brenner moved to amend the second paragraph of the narrative in the Rural
Communities section, "Because undeveloped lots may be included within Rural Community
boundaries, infill development is allowed pessible, but at an a character consistent
with the development that existed in 1990."
The motion failed by the following vote:
Ayes: Brenner and Knutzen (2)
Nays: Crawford (1)
Abstain: Kershner (1)
Absent: Mann, Weimer and Larson (out of the room) (3)
Brenner moved to amend policy 213-4, "...shall be similar to the use, scale, affd or
intensity of the development...."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen and Kershner (4)
Nays: None (0)
Absent: Mann, Weimer and Larson (out of the room) (3)
(2:44:44 PM)
Brenner moved to amend policy 233-6, "...except for industrial or resource uses,
shall be principally designed...."
Crawford stated the term "industrial" is broad enough to cover resource uses.
Brenner withdrew her motion.
Kershner moved to amend the narrative in the Rural Tourism section, "...new
+se+ated small -scale recreation and tourist uses."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner and Larson (4)
Nays: Knutzen (1)
Abstain: None (0)
Absent: Mann and Weimer (2)
Special Committee of the Whole, 2/8/2011, Page 4
1
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
43
44
45
46
47
48
49
50
51
52
53
Brenner moved to amend the narrative in the Rural Tourism section, "...small scale
recreation ainrd or tourist uses that rely on...."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
Kershner moved to amend policy 211-4 to delete the proposed language and
replace it with language from the GMA, "Any development or redevelopment in terms of
building size, scale, use, or intensity shall be consistent with the character of the existing
areas. Development and redevelopment may include changes in use from vacant land or
previously existing use, so long as the new use conforms to the requirements set forth."
Kershner withdrew her motion.
There was discussion about whether any of these changes are to address concerns of
the Hearings Board.
(3:03:44 PM)
Kershner moved to amend policy 211-4 to delete the proposed language and
replace it with language from the GMA, "Development within Rural Communities should be
consistent with the existing character of the existing area and new deVelOpFnent OF
Fedevelepn9ent shall be and /or similar to the building size, use, scale, aprd or intensity of the
development that existing on July 1, 1990."
Kershner withdrew her motion.
Brenner moved to amend policy 2KK -1, "..do not include new residential
development, except dwelling units accessory to tourism."
Crawford suggested a friendly amendment to amend policy 2KK -1, "..do not
include new residential development, except dwelling units accessory to tourism by the
owner - manager or caretaker."
Brenner accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
Brenner moved to amend the first paragraph in the narrative of the Rural Business
section, "...in sprawl development patterns,
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
Special Committee of the Whole, 2/8/2011, Page 5
1
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
43
44
45
46
47
48
49
50
51
52
53
Kershner moved to amend the second paragraph of the narrative in the Rural
Business section, "...To ensure that these uses remain isolated and do not lead to strip
development, criteria for Rural Business designation include spacing requirements from
other Rural business designations as well as Rural Communities and YFbaig GFewth AFe ."
The motion carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Larson (4)
Nays: Brenner (1)
Absent: Mann and Weimer (2)
There was discussion about whether the County has designated resource lands and
whether policy 2KK -2 is relevant.
Kershner moved to delete policy 2KK -2.
The motion failed by the following vote:
Ayes: Kershner (1)
Nays: Brenner, Crawford, Knutzen and Larson (4)
Absent: Mann and Weimer (2)
Knutzen moved to delete the second paragraph of the narrative in the Special
Study Areas, Lake Whatcom section.
Brenner suggested a friendly amendment to amend the second paragraph of the
narrative in the Special Study Areas, Lake Whatcom section. "The pFirnaFy A significant
cause of declining oxygen levels had been may be from residential development... in the
lake. Past poorly managed forest practices ean alse lead may have led to significant...."
Knutzen accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
There was discussion about removing the word "suburban" in the Special Study
Areas, Lake Whatcom section.
Brenner moved to amend the Comprehensive Plan Designation Descriptors of Goal
2N, "Purpose: To denote where future urban growth ff ay will likely occur."
The motion failed by the following vote:
Ayes: Brenner and Larson (2)
Nays: Crawford, Knutzen and Kershner (3)
Absent: Mann and Weimer (2)
Kershner moved to amend the Comprehensive Plan Designation Descriptors, Rural
Community, in Goal 2N, "Leeativnal! Ne less than a re n9ile Free Urban Grewth AFeas
etheF °a' GenteFs Rural communities can be located in rural areas." Make sure rural
community LAMIRDS can be adjacent to UGAs or other places. She asked staff to come up
with language, and withdrew her motion.
(3:58:16 PM)
Special Committee of the Whole, 2/8/2011, Page 6
1
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
43
44
45
46
47
48
49
50
51
52
53
Brenner moved to amend the Comprehensive Plan Descriptors, Master Planned
Resort definition, to add "...or outdoor recreational facilities. A master planned resort may
include other residential uses within its boundaries, but only if the residential uses are
integrated into and support the onsite recreational nature of the resort."
Crawford stated he would vote against the motion. Don't worry about saying that in
this map legend.
Brenner withdrew her motion.
Brenner moved to amend the Comprehensive Plan Descriptors, Master Planned
Resort locational section, "...natural amenities that don't create conflicts with resource lands.
Kershner stated there is language in the GMA that the County includes a finding as
part of the approval process that the land is better - suited and has more long -term
importance for the master planned resort than for the commercial harvesting of timber or
agriculture production, if located on land that would otherwise be designated as forestland
or agricultural land.
Davis stated these descriptors aren't where policy belongs. They're just summaries.
Brenner withdrew her motion. She asked staff to include language from the GMA
to make it clear that the use can't conflict with resource land.
Crawford asked staff to review the locational section of Rural Business.
(4 :08 :01 PM)
Brenner moved to amend the Comprehensive Plan Designation Descriptors,
Agriculture - Resource Lands definition section, "GernrneFeial aAgriculture lands located
on...."
The motion failed by the following vote:
Ayes: Brenner, Kershner and Larson (3)
Nays: Crawford (1)
Absent: Mann, Knutzen (out of the room) and Weimer (3)
Brenner moved to amend the Comprehensive Plan Designation Descriptors, Rural
Forestry - Resource Lands locational criteria, "...generally nominally 20 acres or greater...."
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Crawford, Kershner and Larson (3)
Absent: Mann, Knutzen (out of the room) and Weimer (3)
Brenner moved to amend the Comprehensive Plan Designation Descriptors,
Commercial Forestry definition, "Land primarily devoted to commercial timber production,
with no residential development."
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Crawford, Kershner and Larson (3)
Special Committee of the Whole, 2/8/2011, Page 7
1
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
43
44
45
46
47
48
49
50
51
52
53
Absent: Mann, Knutzen (out of the room) and Weimer (3)
Brenner moved to amend the Comprehensive Plan Designation Descriptors, Public
Recreation section title, "Public Recreation and Conservation." Davis stated he would look
to see if that term is required.
(Clerks Note: There was no vote on the motion.)
Brenner noted scrivener's errors. She moved to amend policy 6D -6, "Encourage
new housing developments to be located in urban growth areas and rural areas to help
provide a sense...." Davis stated he is beginning to update the Transportation Chapter of
the Comprehensive Plan. He may eliminate that policy because it's a land use oriented
policy.
Brenner withdrew her motion and asked staff to look into this in the update
process for Chapter Six. Also, consider eliminating Policy 6P -4 in the Transportation
Chapter.
Larson moved to amend Policy 7K -3 in the Economic Chapter, "Limb Locate new
commercial or industrial development along Guide Meridian to within designated urban
growth areas...."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: None (0)
Absent: Mann and Weimer (2)
Crawford stated they will meet again next Tuesday, February 15 at 1 p.m. and begin
to address the maps.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:37 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Special Committee of the Whole, 2/8/2011, Page 8