HomeMy WebLinkAboutSpecial Committee of the Whole January 25 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
January 25, 2011
CALL TO ORDER
Council Chair Sam Crawford 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, Tony Larson and Carl Weimer
Absent: None
COMMITTEE DISCUSSION
Addendum: DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES
REGARDING PENDING LITIGATION (GROWTH MANAGEMENT CASES)
(AB2011 -018)
Crawford stated that discussion of this agenda item may take place in executive
session pursuant to RCW42.30.110. Executive session will conclude no later than 1:20 p.m.
If the meeting extends beyond the stated conclusion time, he will step out of the meeting to
make a public announcement.
Knutzen moved to go into executive session until no later than 1:20 p.m. to
discuss the first two agenda items, pursuant to RCW citations as announced by the Council
Chair.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Larson and Weimer (6)
Nays: None (0)
Absent: Mann (out of the room)(1)
(Clerk's Note: The Committee came out of executive session at 1:20 p.m. and
resumed the meeting in the Council Chambers at 1 :22 p.m.)
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)
Gary Davis, Planning and Development Services Department, gave a staff report and
answered questions. The maps are updated to September 7, 2010.
Crawford moved to amend page two of the Comprehensive Plan, add the old policy
2A -11 and call it policy 2A -10, (1 :30 :29 PM) "2A -10 Ensure that the development potential
Special Committee of the Whole, 1/25/2011, 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
of contiguous lands in common ownership is not compromised when urban growth
boundaries and /or LAMIRD boundaries are designated. The term common ownership should
include lands owned by the same persons or entities and also by affiliated companies with
common ownership. This should be accomplished without expanding UGA and /or LAMIRD
boundaries beyond that ownership and without bridging natural divisions of urban /rural land
uses such as roads, rivers, and other natural features."
Discussion of this motion included the possibility of going beyond logical boundaries
if someone has a huge parcel of land; whether landowners will purchase adjacent properties
with the objective of expanding the boundaries, and; the possibility of creating another
reason for invalidity.
The motion to amend carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Larson (4)
Nays: Brenner and Mann (2)
Absent: Weimer (1)
Brenner moved to amend page two, policy 2B -1, "...within urban growth areas
and /or other areas through the planned...."
Discussion of this motion included whether master planned resort communities need
to be in designated urban growth areas; the differences between policies 2B -1 and 2B -2.
Brenner amended her motion and moved to amend policies 2B -1 and 2B -2:
1. "2B -1: If this is to be located within urban growth areas, support the economic
viability ...amenities within HFban grewth ar through the planned unit..." and
2. "2B -2: If this is not to be located within an urban growth area, new large -scale
resort development...."
Davis stated staff would look at and suggest language for policies 2B -1 and 2B -2.
Brenner stated lay people should understand that these are allowed in other areas.
She withdrew her motion.
Brenner moved to amend policy 2L -4 "...natural resource -based industries, cottage
industries, forestry, fishing, and agriculture...."
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Crawford moved to amend language under the GMA Requirements section on page
5, "GMA allows counties to designate ... to minimize and contain these — areas— w0thRn
beundaFies and net peFngit the n9ere intensive uses and densities te extend beyend these
beundaFtes the existing areas or uses of more intense rural development as appropriate."
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Special Committee of the Whole, 1/25/2011, 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
53
Crawford moved to amend language in the Rural Character and Lifestyle section on
page six, "Whatcom County's rural areas are characterized by a mixture of historic rural
communities, pasture, agriculture, woodlots, home occupations, and cottage industries, and
dispersed commercial and industrial activities. The rural areas provide...."
The motion to amend carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: Mann (1)
Absent: Weimer (1)
Crawford moved to amend language in the Rural Character and Lifestyle section on
page six, second paragraph, "This plan recognizes that each rural area ... while a seal+
portion has been developed...."
The motion to amend carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: Mann (1)
Absent: Weimer (1)
Larson moved to amend language in the Rural Character and Lifestyle section on
page six, second paragraph, "This plan recognizes that each rural area... residential, light
industrial, or business uses..."
The motion to amend carried by the following vote:
Ayes: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Nays: Mann (1)
Absent: Weimer (1)
Crawford moved to amend policy 2DD -2, 'Protect the character of the rural area +e
as provided in this plan and the GMA."
Crawford withdrew his motion
Brenner moved to amend policy 2DD -6, "...to be clustered, where it would not
create more conflicts with accepted agricultural practices, on a maximum of 25 percent...."
Discussion of the motion included the possibility of future conflicts between
agricultural uses and clustered residential uses and having a future discussion on the merits
of clustering.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
(2:07:58 PM)
Crawford moved to amend policy 2DD -9, "Adopt ngandateFy and incentive
programs... where there are compelling reasons to do so, and alleeate suff;,.ment FeseLIr^^^ to
eh7eye the desired ebit .enge it
The motion to amend carried by the following vote:
Special Committee of the Whole, 1/25/2011, 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
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
(2:11:26 PM)
Kershner moved to amend policy 2EE, "eeneuFFeney impact fee."
Discussion of the motion included what a concurrency fee is.
Kershner stated let staff look into it. She withdrew her motion.
Crawford moved to delete policy 2EE -3.
Discussion on the motion included taxing appropriately; determining actual costs,
and; the net impacts a development may create.
The motion to amend failed by the following vote:
Ayes: Crawford, Kershner and Larson (3)
Nays: Brenner, Mann and Knutzen (3)
Absent: Weimer (1)
(2:18:02 PM)
Brenner noted scrivener's errors in policies 2EE -4 and 2EE -5.
Crawford moved to amend policy 2EE -8, "Public services and public facilities
necessary for rural commercial and industrial uses shall be rural in natuFe lingited to these
neeessary te seFve the use, provided in a manner...."
Discussion of this motion includes how this section applies to public services.
The motion to amend carried by the following vote:
Ayes: Mann, Crawford, Knutzen, Kershner and Larson (5)
Nays: Brenner (1)
Absent: Weimer (1)
Knutzen moved to amend page eight, Rural Employment Opportunities,
"...commercial and 4g-hft industrial uses located within Rural Communities, Rural Tourism,
and Rural Businesses are also important contributes to the local economy...."
Discussion of this motion included using the identifying terms instead of types I, II,
and III LAMIRD's.
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Crawford moved to amend policy 2FF -1, "...resource- based, tourist, recreational
and other appropriate 4g-ht industries in the rural areas.... ""
The motion carried by the following vote:
Special Committee of the Whole, 1/25/2011, 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
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Kershner moved to amend policy 2FF -4, "Allow home -based occupations, and
cottage industries, and tourist and recreational uses throughout the rural area provided they
do not adversely affect the surrounding residential uses or rural character."
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Brenner moved to amend page 10, policy 2GG -6, "...less than the underlying zone,
PaFtieUlaF}y when necessary...."
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
(2:36:16 PM)
Brenner moved to amend page 13, policy 2HH- 2(A)(3), °Is characterized by the
intensification of development... that do not include new residential development, other than
a dwelling unit accessory to the business for use by the owner - manager or caretaker."
The following person answered questions:
• Sam Ryan, Planning and Development Services Department Director
Discussion of the motion included whether Title 20 allows a residence accessory to a
business use.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Brenner moved to amend page 13, policy 2HH -2 (B)(2), "...not new other than a
dwelling unit accessory to the business for use by the owner - manager or caretaker."
Discussion of the motion included the reason that the area may include residential
development existing on September 20, 2005 and defining new residential units as existing
after the date of this ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Kershner moved to amend policy 2HH- 2(B)(2) "The area may include pre- existing,
but not new (except for dwelling units accessory to the business for use by the owner -
manager or caretaker) residential development existing on September 20, 2005, beet
Special Committee of the Whole, 1/25/2011, 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
new etheF than a dwelling unit aeeesseFy te the business fer- use by the ewneF n9anager e
-.ke
ea;��a -� and ... .
Crawford restated the motion to amend 2HH- 2(B)(2), "The area may include pre-
existing residential development existing en SeptembeF 20, 00S, but not new except for
dwelling units accessory to the business for use by the owner- manager or caretaker, and."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
There was discussion about land owned by common owners in type I LAMIRDs in
policy 2HH -1.
Kershner moved to delete policy 2HH- 2(B)(1). That language is redundant. Davis
stated it is in policy 2HH- 2(A)(3).
(3:01:39 PM)
The motion to amend carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Larson (6)
Nays: None (0)
Absent: Weimer (1)
Crawford asked staff to look at pre- existing residences and look at the date of
September 20, 2005 in the rest of policy 2HH. The Committee will continue in this in two
weeks. Think about having a special Committee of the Whole meeting on February 15,
2011.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:07 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, 1/25/2011, Page 6