HomeMy WebLinkAboutSpecial Committee of the Whole March 1 20111
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
March 1, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 10:02 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (10:02:50 AM)
Present: Ken Mann, Barbara Brenner, 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)
There was discussion about the Council's calendar for this issue.
Lake Samish Map
Clayton Petree, 1132 Birch Falls Drive, Bellingham, referenced a letter he submitted
(on file) and stated a property at Lake Samish has sufficient built environment in 1990.
Consider both above -and below - ground improvements to the property. The current owners
have owned the property since the 1970's. Consider the sewer that exists at the property.
The Hearings Board used a bright line when making its decision. The rules the Hearings
Board used are no longer allowed.
The following people answered questions:
• Karen Frakes, Prosecutor's Office
• Gary Davis, Planning and Development Services Department
There was discussion about a vested plat; the history of the Leenstra property at
Lake Samish; considering that area through a Comprehensive Plan process, not this
process, and; considering prior and current zoning of an area for the limited area of more
intense rural development (LAMIRD).
Fort Bellingham /Marietta Map
Davis stated they can adjust the Marietta LAMIRD boundary to follow the floodway.
Most of the lots outside the new boundary are very small. There is no potential for
subdivision.
There was discussion about whether it's appropriate to draw a LAMIRD boundary
based on flood information; the zones of the properties that would no longer be in the
LAMIRD; the difference between a rural, one unit per five acres (R5A) zone and residential
Special Committee of the Whole - Rural Element, 3/1/2011, Page 1
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rural, one unit per five acres (RR5) zone; whether there has been any public comment on
the proposed LAMIRD boundary change; concerns from individual property owners from
comments received; including properties outside the flood plain to the northeast of the
LAMIRD; applying the overlay to the areas to the northeast of the LAMIRD boundary;
whether it's possible for property owners with an overlay to develop based on the 500 -foot
criteria; whether the density within the 500 -foot overlay area is based on developed lots or
just platted lots; whether the lots have to be developed on the effective date of the
ordinance or the date of application, and; how many overlay areas are planned.
Brenner moved to use the adjusted LAMIRD boundary for Marietta, as proposed by
staff, RR5A zoning with no density overlay.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen and Kershner (5)
Nays: None (0)
Absent: Weimer and Larson (2)
Birch Bay- Lynden Road and Interstate 5 (I5) Map and Portal Way North Map (10:39:09 AM)
Davis described the background of and proposal for this area.
Discussion included the LAMIRD status of properties from comments received by
citizens; criteria for a type III designation; whether they are allowed to expand a type III
LAMIRD in the future; the possibility of creating two type III LAMIRDS, one on each side of
the freeway; allowing general commercial use in rural areas around freeway interchanges in
the definition of rural character; the water service on Portal Way; the definition of rural
character; the Portal Way North map; where they will allow businesses to develop in
Whatcom County, and; whether they need to create a logical outer boundary for a type III
LAMIRD.
Kershner moved to extend the southern LAMIRD boundary to encompass the
storage facility property and current existing zoning boundary.
Heather Wolf, TC Trans Representative, stated she supports the motion. Maintain
the LAMIRD between the railroad tracks and freeway. Create a separate LAMIRD on the
other side of the freeway because the zoning will be different. She's fine with the zoning
change from gateway industrial (GI) to Rural Industrial Manufacturing (RIM).
Barry Mason, 461 Cove Road, stated he would like to know how they will define the
word "rural" and rural character, as it applies to County business.
Doug Campbell, Associated Project Consultants, stated he supports the motion as a
representative of a business in the area. He also supports the RIM zone if it provides more
flexibility.
Brenner moved to amend the motion to include only the storage facility property in
the LAMIRD area.
The motion to amend the motion failed by the following vote:
Ayes: Brenner, Mann and Crawford (3)
Nays: Knutzen, Kershner and Larson (3)
Absent: Weimer (1)
Special Committee of the Whole - Rural Element, 3/1/2011, Page 2
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The motion to amend the map carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Larson (4)
Nays: Brenner and Mann (2)
Absent: Weimer (1)
Kershner moved to create a type III LAMIRD on the east side of the freeway to
include the three properties that were once a recreational vehicle (RV) park, and the two
parcels to the west of the former RV park property, across Valley View Road and north of
Birch Bay - Lynden Road, for a total of approximately 41.5 acres, and zone the property rural
general commercial (RGC).
Paul Isaacson, 3940 Isaacson Road, Bellingham, stated include the .69 -acre parcel to
the south of the three former RV park properties.
Kershner amended her motion and moved to create a type III LAMIRD on the
east side of the freeway to include the three properties that were once a recreational vehicle
(RV) park, and the two parcels to the west of the former RV park property, across Valley
View Road and north of Birch Bay - Lynden Road, and the .69 -acre parcel to the south of the
three former RV park properties, for a total of approximately 42 acres, and zone the areas
rural general commercial (RGC).
Jack Swanson, attorney, stated extend the LAMIRD boundary to the northwest
straight across to the freeway instead of dropping south, to include a corner of one
property. He represents the owner of the property that would be split.
Kershner amended her motion and moved to create a type III LAMIRD on the
east side of the freeway for a total of approximately 44 acres, and zone the areas rural
general commercial (RGC), to include:
• three properties that were once a recreational vehicle (RV) park, and
• two parcels to the west of the former RV park property, across Valley View
Road and north of Birch Bay - Lynden Road, and
• one .69 -acre parcel to the south of the three former RV park properties, and
• the corner of one property to the northwest straight across to the freeway
instead of dropping south, of approximately two acres, and
• one .1 -acre parcel fronting the freeway and directly to the west of the two -
acre, partial property.
Brenner moved to amend the motion to not include a corner of one property to the
northwest straight across to the freeway instead of dropping south.
Councilmember Brenner's motion to amend the motion failed by the following vote:
Ayes: Brenner, Mann and Knutzen (3)
Nays: Crawford, Kershner and Larson (3)
Absent: Weimer (1)
The motion to amend carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Larson (4)
Nays: Brenner and Mann (2)
Absent: Weimer (1)
Knutzen moved to amend the Portal Way North map to include properties that are
zoned GI within the proposed type III LAMIRD boundary to the west side of the freeway,
and change the zoning to RIM, extending the Birch Bay - Lynden and I5 LAMIRD north.
Special Committee of the Whole - Rural Element, 3/1/2011, Page 3
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The motion failed by the following vote:
Ayes: Knutzen (1)
Nays: Brenner, Mann, Crawford, Kershner and Larson (5)
Absent: Weimer (1)
(Clerk's Note: The Committee took a seven - minute break at 12:17 p.m.)
Chuckanut Map (12 :24 :58 PM)
Davis described the background of and proposal for this area.
Discussion included why they are proposing an overlay rather than a type I LAMIRD
for this area; vesting issues on Governor's Point; whether the shoreline would be a logical
outer boundary; waterlines at Governor's Point; reviewing the historic and average density;
the hazards of building in this area; the possibility of sewer service to the area; the
environmental impact of development in the area; landslides in the area; the difference in
build out if the area had an overlay; the City's motivation for fighting against providing
water service; whether a LAMIRD designation would stop the vested development, and; a
potential zone of one unit per acre on Governor's Point.
Dean Brett, 601 Heron Point Lane, Friends of Chuckanut Representative, stated there
are no public water lines on the Governor's Point property. There have been private water
lines for fire protection. He described the history of water service at Governor's Point. It's
not appropriate for more people to live on smaller lots along Chuckanut Drive. The property
owners of the area are buying adjacent lots and consolidating them to make larger lots.
They are a unique area. Fifty families have written to the Council supporting a change in
zone to a density of one unit per five acres. Their property values will go down if the zone
becomes denser. If not zoned at one unit per five acres, there are means for a legal
challenge. They support a zone of one unit per five acres.
Laura Brakke, Pleasant Bay Road, Bellingham, stated this is a place that often has
landslides. The area is bisected by a railroad. The main responsibility of planners is to the
general public for health and well- being. This is not a good place for many more houses.
There is no secondary access. They have limited response to any kind of emergency
service. The power goes out often. The City of Bellingham will not provide any new water
service outside the city limits. Through this process, there has been a lack of general public
process. There has been protection of individual property owner benefits. Zoning is not a
private property right. It is a planning tool. Don't be more concerned about an absentee
landowner on Governor's Point than the health and safety of current residents.
Dannon Traxlor, 709 Dupont Street, Bellingham, stated she represents the
Governor's Point Development Association. Mr. Brett and Ms. Brakke didn't discuss any
criteria for LAMIRD designation. All their issues are addressed through development. This
is the kind of area that LAMIRD's were created for. It is already a high- density area. The
fifty people who have commented mostly live on smaller lots. Downzoning the area would
be an empty gesture to affect only Governor's Point. Governor's Point has a vested plat.
The zone allows for 378 units, but there is a conservation easement to develop to 141 units.
It is characterized by the built environment, including a water line. There are pipes running
the length of the Point for development, not just for fire suppression. The Council is to be
looking at LAMIRD criteria, not litigation. There is built environment. The area has power,
phone lines, and graded roads. They are allowed to consider preexisting zoning.
Special Committee of the Whole - Rural Element, 3/1/2011, Page 4
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Janet Wynn, 607 Pleasant Bay Road, stated she supports the comments of Mr. Brett.
She lives on a road that would have to serve the Governor's Point development. The road
would not be able to handle that capacity. Her property value would be significantly lower if
her road had to serve 141 houses. She could not get across the railroad tracks in any kind
of emergency. It is a safety issue. The access to Governor's Point is a small road. There
are other significant traffic issues. The lots are small because they're bordered by the water
and railroad tracks. The entire area is rural. None of the seven LAMIRD criteria apply to
the Chuckanut area.
Mann moved to zone everything south of the city limits to RR5A, with no overlay.
The motion failed by the following vote:
Ayes: Mann (1)
Nays: Brenner, Crawford, Knutzen, Kershner and Larson (5)
Absent: Weimer (1)
Crawford moved to designate the Governor's Point, and the areas zoned RR2 as a
LAMIRD with RR1 zoning.
(2:10:15 PM)
Phelps McIlvaine, 210 Chuckanut Point Road, stated the reason the Hundred Acre
Wood and Governor's Point haven't been developed. The economics don't justify
development. These houses won't actually be built. If they are built, they will be built
slowly, and there will be incremental damage to the area. There won't be 141 more houses
and 500 cars doing eight trips per day tomorrow, but it will happen. It will degrade the
environment. This is a very forced solution because there is potential waterfront
development that could have value. However, it doesn't have value due to the economy.
This property is different from areas elsewhere that already has infrastructure. This area is
isolated and has not been developed, because the economics don't support the
development.
The motion carried by the following vote:
Ayes: Crawford, Knutzen, Kershner and Larson (4)
Nays: Brenner and Mann (2)
Absent: Weimer (1)
Emerald Lake Map (2 :13:34 PM)
Davis described the background of and proposal for this area.
Discussion included the watershed boundaries of 15 years ago and whether the
Isaacson property is in or out of the Lake Whatcom watershed; the possibility of rezoning to
R2A; the average lot sizes of the area; the character of the neighborhood, and; whether an
urban growth area (UGA) can be a LAMIRD boundary.
Paul Isaacson, 3940 Isaacson Road, stated the south end of the zone boundary of his
property was negotiated years ago with Planning Department staff, in exchange for
development potential that he never received. Originally, the Lake Whatcom watershed
boundary affected the zoning boundary. A year and a half ago, former Planning Director
Stalheim changed the boundary without any notification, and went to a water resource
inventory area (WRIA) map. There was no reason to do that. (2 :29 :10 PM) The only
reason much of his property isn't developed is because he chose not to develop it. There
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are natural topography restraints in the rural forestry area east of Emerald (Toad) Lake.
From Emerald Lake south to the zoning boundary would be an infill area, not sprawl. The
change would be a reduction of 568 parcels. He is the most affected property owner in this
process. The Council made changes to Marietta because the County has spent lots of
money. He has also spent lots of money. Retain five -acre zoning within the watershed. He
has developed nine homes with water lines, roads, and power in the area with an R5A zone.
He asked why they are basing everything on Clallam County. The Council should make
independent decisions. Whatcom County has made significant promises to him for years.
Lot size averaging is not relevant. His property is not good for growing timber or for
agricultural use. There aren't critical areas. Its best use is for houses. All the property
owners in the area want to be included in the LAMIRD.
Mary Dickinson, 805 Dupont Street, Bellingham, stated she represents the Isaacson
family. She has submitted information previously. Her client would like to retain the
current zone, whether or not they are in a LAMIRD boundary. She referenced and described
the Thurston County and Clallam County Hearings Board and Supreme Court cases.
Nothing in the Growth Management Act (GMA) says the Isaacsons cannot have RR2 zoning.
It's very difficult to get information from the City of Bellingham about their long -term water
plan goals.
There was discussion regarding the Rural Element discussion calendar.
Dickinson continued her comments. According to a meeting in March 2009,
watershed boundaries were in question. The boundaries were for planning purposes only,
not definitive watershed boundaries. That was adopted April 14, 2009. The Isaacson
property is not to be considered a definitive Lake Whatcom watershed boundary, and is not
in the Lake Whatcom watershed. The area could be considered rural.
(3:01:41 PM)
There was discussion about the character of the neighborhood; the zoning of nearby
properties; other owners in the area, and all wanting to be in the LAMIRD; how Mr.
Isaacson's properties specifically meet the criteria for a LAMIRD; the possibility of
preserving Mr. Isaacson's density without designating a LAMIRD; the natural boundaries
surrounding the Isaacson properties, and; the built environment on Mr. Isaacson's
properties in 1990.
Brenner moved to include the R2A and RR2A areas south of Emerald Lake in the
proposed LAMIRD with a zone of R2A, not including the five eastern most parcels in the RR2
zones, which would be out of the LAMIRD boundary and zoned R5A.
The motion failed by the following vote:
Ayes: Brenner, Kershner and Larson (3)
Nays: Crawford (1)
Abstain: None (0)
Absent: Mann, Knutzen and Weimer (3)
OTHER ITEMS
There were no other items.
Special Committee of the Whole - Rural Element, 3/1/2011, Page 6
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ADJOURN
The meeting adjourned at 3:33 p.m.
Jill Nixon, Minutes Transcription
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, 3/1/2011, Page 7