HomeMy WebLinkAboutSpecial Committee of the Whole February 25 20111
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
February 25, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 10:06 a.m. in the
Courthouse Fifth Floor Conference Room 513, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Tony
Larson and Ken Mann
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)
There was discussion about the Council's calendar for this issue.
Maple Falls 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 from comments received by citizens; lot sizes scheduled for downzone;
the location of the four -inch water line and whether it would serve homes on parcels outside
the LAMIRD boundary on the west side; proper zoning for areas developed in 1990; the
small town commercial (STC) zone allowing a mix of residential and commercial uses; the
difference between nonconforming sizes and nonconforming lots, and; the Hearings Board
not allowing two -acre zoning outside the LAMIRD boundary.
Kershner moved to add the property to the north and east of the LAMIRD boundary
and zone it rural, one unit per two acres (R2A) to make those lots conforming.
R2A.
Kershner withdrew her motion
Brenner moved to make sure the three one -acre lots to the west are zoned RR1 or
Brenner withdrew her motion.
The Glen at Maple Falls Map
There was discussion about what happens to the properties as they are sold or
consolidated; why they don't make this area a LAMIRD; whether a LAMIRD would affect the
Special Committee of the Whole — Rural Element, 2/25/2011, Page 1
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County's liability given the location next to the river; whether water lines existed in 1990,
and; whether the lots will be consolidated if an owner has multiple lots.
Glacier Map
Davis described the background of and proposal for this area.
Discussion included following the water line; whether there are any areas that the
water line doesn't serve; an area that will be rezoned to RR5A; whether the Glacier Water
District has extra capacity; whether resource lands can be in a LAMIRD; County -owned
property to be used for a trail; whether the location of the type I LAMIRD would prevent a
future designation of a type II LAMIRD; staff presenting its recommendation instead of the
Planning Commission recommendation without guidance from the County Council, and; the
LAMIRD status of properties owned by specific citizens.
Acme Map
Davis described the background of and proposal for this area.
Discussion included the LAMIRD status of properties from comments received by
citizens; using the intensity of a development as justification for being inside a LAMIRD
boundary; why some properties are zoned R5A or R10A inside the LAMIRD boundary; the
water lines in Acme, and; the difference in service area between 1990 and now.
Doug Campbell, Acme Water District Engineer, stated the information on the water
main sizes is not correct on the map for the current water lines. At the fire hall location,
there is a storage tank. He described the existing water lines. The Water District Board has
no comment about this map.
Point Roberts Map
Davis described the background of and proposal for this area.
Discussion included proposed zoning changes; LAMIRD status of properties owned by
specific citizens, and; allowing people to still go through the rezone application process
outside of this LAMIRD process.
Custer Map
There was discussion about LAMIRD status of properties from comments received by
citizens; allowing LAMIRD areas that can be further developed; the purpose of the type I
LAMIRD; whether a two -inch water line is enough to service the area; whether they can
change the zones in which there are school buildings so that the schools are permitted
uses; the impacts of additional traffic on the railroad; using the eight -inch water line along
Bruce Road as justification for expanding the boundary; the most dense zone allowable in
the future inside a LAMIRD boundary; whether a purpose of a LAMIRD is to allow infill, and;
an alternative to rezoning schools in rural zones.
Kershner moved to include the southwestern section that is currently zoned RR2
into the LAMIRD boundary and leave the zone as it is.
Campbell stated Custer residents would like the zone to stay the way it is. It has
relied on the zoning to support its water system and pay for its infrastructure. They are
Special Committee of the Whole - Rural Element, 2/25/2011, Page 2
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increasing the water main size to accommodate the school. He asked that the zoning
remain the way it is.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Davis asked if the justification for the change includes the eight -inch water line and
creating a logical outer boundary that allows for infill.
Crawford moved to request staff to bring forward language in the rural zone to
change the school uses from conditional to permitted only in LAMIRD and urban growth
area (UGA).
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Larson moved to include the eastern half of the northwest section that is currently
zoned RR2, which are three parcels fronting on Arne Road and one parcel at the west end of
Main Street in the LAMIRD boundary, using the same justification as with the area to the
southwest.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Deming Map
There was discussion about how the small town commercial zone developed in
relation to the school's conditional use and getting input from the Mount Baker School
District.
Sandy Point /Sandy Point Heights Map
Davis described the background of and proposal for this area.
Discussion included the Planning Commission not recommending any residential -only
LAMIRD; regulating fee lands rather than trust lands; coordinating the County
Comprehensive Plan designations with the Lummi Comprehensive Plan designations;
whether the area can be designated a type II LAMIRD; what areas they can include within
an STC zone; the LAMIRD status of properties from comments received by citizens s, and;
whether a LAMIRD boundary creates concerns of spot zoning.
Kershner moved to extend the boundary straight across rather than dip down at
the Neptune Heights end of the LAMIRD to create a more regular boundary, and request the
Planning staff to determine what the existing zoning is.
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The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Campbell stated he can provide information about line sizes for the areas except
Neptune Heights. The proposed LAMIRD boundary is also the water association boundary.
Lummi Peninsula Map
Davis described the background of and proposal for this area.
Knutzen recused himself from the discussion and vote due to owning property in the
area.
Discussion included water and sewer service; the history of zoning designations on
the Lummi peninsula; making the County zones reflect the Lummi Nation trust land zones;
making zoning designations meet the Hearings Board process, despite tribal zoning, and;
developing an overlay that respects tribal zoning.
Brenner moved to create a County overlay that acknowledges that the County
doesn't have jurisdiction on tribal land. Indicate on the map that these designations don't
apply to tribal lands. With legal counsel, consider a special designation to LAMIRD areas to
reference the fact that tribal lands are subject to tribal zoning.
The motion failed by the following vote:
Ayes: Brenner and Mann and (2)
Nays: Crawford (1)
Abstain: Kershner (1)
Absent: Larson, Knutzen (out of the room) and Weimer (3)
Fort Bellingham Map
Davis described the background of and proposal for this area.
Discussion included the LAMIRD status of properties from comments received by
citizens; whether the LAMIRD boundary should include properties in which the County is
discouraging further development and is purchasing existing properties for the purpose of
flood hazard mitigation; the Planning Commission recommendation for this area; whether
the staff considered critical areas when determining the LAMIRD boundaries, and;
consulting with Flood Division staff to determine flooded areas.
Campbell stated he supports the density overlay concept, especially in the RR1 zone.
His analysis concurs with County mapping.
Lake Samish Map
Davis described the background of and proposal for this area.
Discussion included the LAMIRD status of properties from comments received by
citizens; lack of development at the south end of the lake; available sewer service in the
area, and; whether they should include park space owned by Whatcom County.
Special Committee of the Whole - Rural Element, 2/25/2011, Page 4
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Sudden Valley Map
Davis described the background of and proposal for this area.
Discussion included the LAMIRD status of properties from comments received by
citizens.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:50 p.m.
ini ivixon, I"Ilnutes i ranscn )uuri
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�omhatcomma.us
Dana Brown- Davis, Council Clerk
Sam Crawford, Council Chair
Special Committee of the Whole - Rural Element, 2/25/2011, Page 5