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HomeMy WebLinkAboutSpecial Committee of the Whole February 22 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 53 WHATCOM COUNTY COUNCIL Special Committee Of The Whole February 22, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (9:32:48 AM) Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner and Tony Larson. Absent: Carl Weimer. 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) Van Wyck Map Gary Davis, Planning and Development Services Department, described the background of and proposal for this area. Discussion included the limited area of more intense rural development (LAMIRD) status of properties owned by specific citizens; converting some of this area to a type III LAMIRD to include a parcel that possibly has an antique store; the Mahar short plat; whether properties southeast of Mount Baker Highway can be developed as residential; the justification for adding the Mahar short plat lot number four; the development pattern of the properties to the southwest of the Mount Baker Highway; how they handle properties that have a history of both residential and commercial uses, and; whether they have to consider traffic impacts if they expand or enable a LAMIRD area. Brenner moved to include in the Type I LAMRD the full parcel of the antique store owned by Erickson and the Mahar short plat lot number four. The following people spoke and answered questions: • Douglas Marr, Marr's Heating, 1625 Van Wyck Road, submitted a handout (on file) and stated he has water meters at each parcel. He described the history of the parcels. One parcel could have an easement to the Van Wyck Road, rather than access to the Mount Baker Highway. The boundaries aren't logical. The future for his business is uncertain due to the economy and zoning. It was zoned neighborhood commercial in 1989. • Francis Erickson, resident, described the history and status of her business. They want to clean up the field on her property and create a flea market at that location in the future. There needs to be a new flea market center in the area. Special Committee of the Whole - Rural Element, 2/22/2011, 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 (10:20:47 AM) The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6) Nays: None (0) Absent: Weimer (1) Nugent's Corner Map (10 :21 :49 AM) Davis described the background of and proposal for this area. Discussion included the limited area of more intense rural development (LAMIRD) status of properties owned by specific citizens; the current use and zoning on two properties to the north and east of the LAMIRD boundary, and; why part of the existing neighborhood commercial area is being removed. Welcome Map (10 :32 :12 AM) Davis described the background of and proposal for this area. Discussion included the limited area of more intense rural development (LAMIRD) status of properties owned by specific citizens; the proposed zoning of the neighborhood commercial area; whether they are prohibiting future businesses and properly planning for type III LAMIRDs; whether they are making it impossible for businesses to exist in any areas other than these type III LAMIRDs, throughout Whatcom County; changing language in Comprehensive Plan policy 2HH- 3(A)(2)(b) and; whether the area has a water association. The following people spoke and answered questions • Clayton Petree, Bellingham, referenced Revised Code of Washington (RCW) 36.70A.011 about planning for rural businesses. • Mary Dickinson, Mary Dickinson Law Office PLLC, stated there are no court cases on the issue of businesses that track or measure their customers, because there is freedom of movement. A challenge wouldn't hold up. Kendall Map Davis described the background of and proposal for this area. (10: 54 :18 AM) Discussion included the limited area of more intense rural development (LAMIRD) status of properties owned by specific citizens; whether there have been any successful challenges regarding very small parcels; the reason they would include a rural, one unit per ten acres (R10A) zone in the LAMIRD boundary; changing the zone of the school property to a zone that would allow it as a permitted use; changing the school zone without input from the school district; the logical outer boundary; whether Hearings Board cases have been appealed regarding small LAMIRD boundary differentials, and; the proposed development for one of the properties. Knutzen moved to change the zone of the Kendall Elementary school property from R10A to small town commercial (STC). He withdrew his motion. Special Committee of the Whole - Rural Element, 2/22/2011, 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 Kershner moved to include in the LAMIRD the northern three acres owned by Mammoth Homes that is currently zoned STC, and keeping the STC zone. The following person spoke and answered questions: • Scott Swanson, Glacier Mountain Land Company and Mammoth Homes, Inc., stated this property was in the LAMIRD. The ownership has been the same since 1990. He described the history of the property. The boundary would be irregular, but not abnormally so. There is case law to support inclusion in the LAMIRD. This area used to be an urban growth area (UGA). Kershner withdrew the motion. There was discussion about scheduling more meetings. They will meet on Friday at 10 a.m. OTHER ITEMS There were no other items. ADJOURN The meeting adjourned at 11:30 a.m. Please contact the Council Office to obtain an official, signed copy: 360- 676 -6690 or council@-.o.whatcorn.wa.us Dana Brown- Davis, Council Clerk Sam Crawford, Council Chair Special Committee of the Whole - Rural Element, 2/22/2011, Page 3