HomeMy WebLinkAboutSpecial Committee of the Whole March 14 20111
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
March 14, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 11:00 a.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Carl Weimer, Bill Knutzen Barbara Brenner, Ken Mann, Sam Crawford and
Tony Larson
Absent: Kathy Kershner
COMMITTEE DISCUSSION — COUNCIL CONFERENCE ROOM
1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES
REGARDING PENDING LITIGATION- RURAL LAND USE PLANNING ISSUE
(AB2010 -072A)
Crawford stated that discussion of agenda item one may take place in executive
session pursuant to RCW42.30.110. Executive session will conclude no later than 11:30
a.m. If the meeting extends beyond the stated conclusion time, he will step out of the
meeting to make a public announcement.
Brenner moved to go into executive session until no later than 11:30 a.m. to
discuss the first agenda item, pursuant to RCW citations as announced by the Council Chair.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Mann and Larson (4)
Nays: None (0)
Absent: Weimer, Knutzen and Kershner (3)
(Clerk's Note: The Committee came out of executive session at 11 :26 a.m. The
meeting resumed in the Council Chambers at 11 :37 a.m.)
COMMITTEE DISCUSSION — COUNCIL CHAMBERS
1. DISCUSSION OF PUBLIC TESTIMONY RECEIVED AT THE MARCH 9, 2011,
WHATCOM COUNTY COUNCIL PUBLIC HEARING AND PREPARATION OF A
DRAFT ORDINANCE (TO BE INTRODUCED ON MARCH 15, 2011) THAT WILL
AMEND THE WHATCOM COUNTY ZONING CODE TITLE 20, THE OFFICIAL
WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATED TO
RURAL LAND USE PLANNING (AB2010 -072A) (11 :37 :34 AM)
Special Committee of the Whole — Rural Element, 3/14/2011, Page 1
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Crawford referenced the memo from County Executive Pete Kremen dated March 10,
2011 regarding Growth Management Act (GMA) Compliance.
Brenner moved to remove the Chuckanut area from limited area of more intense
rural development (LAMIRD), apply a density of RR5A throughout the area, do not apply the
overlay on Governor's Point, and apply the overlay with density averaging on the remaining
area, with a boundary the same as proposed on the September 5, 2010 version from the
Planning Commission.
There was discussion about the remaining area being a type I LAMIRD; the
differences between a LAMIRD designation with one acre zoning versus an RR5 zone with
the overlay, and; whether it's appropriate to designate Governor's Point a LAMIRD in terms
of logical outer boundary, existing built environment, and potential for development.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford and Weimer (4)
Nays: Knutzen and Larson (2)
Absent: Kershner (1)
Brenner moved to amend the Birch Bay - Lynden at Interstate 5 (I -5) map, to
remove the area to the northeast of the freeway from a type III LAMIRD and create a type I
LAMIRD on two parcels that included the old drive in /recreational vehicle (RV) park area,
rezoning those parcels to rural general commercial (RGC).
Jack Swanson, attorney, stated the third property on the corner adjacent to the two
properties in the motion should be included in the LAMIRD. It meets the criteria of having a
built environment and creates a more logical boundary. The freeway, not valley View Road,
is the most logical outer boundary.
Crawford moved to amend the motion to include the third parcel, on the northeast
corner of Valley View Road and Birch Bay- Lynden Road, in the type I LAMIRD.
Brenner accepted the motion as a friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Knutzen and Larson (4)
Nays: Mann and Weimer (2)
Absent: Kershner (1)
There was discussion of past and existing maximum building sizes and Executive
Kremen's proposal for maximum building sizes in the various zones; encouraging economic
development by not creating restrictions on existing and future businesses; determining
what types of uses go where, and; defining rural character in the RIM zone.
Gary Davis, Planning and Development Services Department, submitted and
referenced a handout (on file) on existing and historical building sizes.
Brenner moved to amend the rural industrial manufacturing (RIM) zone, Whatcom
County Code (WCC) section 20.69.301, "Except as otherwise specifically allowed within this
chapter, maximum allowable building floor area shall not exceed 30,060 20,000 square
feet." Also, allow an administrative approval process for any building greater than that, if
the proponent demonstrates it meets the character and intensity of the rural area.
Special Committee of the Whole — Rural Element, 3/14/2011, Page 2
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Davis suggested allowing a larger building size through a conditional use instead of
an administrative approval use to take the decision out of the hands of an administrator.
Brenner amended her motion and moved to apply this to a type III LAMIRD in
the RIM zone, WCC 20.69.301, "Except as otherwise specifically allowed within this chapter,
maximum allowable building floor area shall not exceed 30,000 20,000 square feet." Also,
allow an administrative approval on anything greater than that, if the proponent
demonstrates it meets the character and intensity of the rural area. She withdrew the
motion.
Sam Ryan, Planning and Development Services Department, stated many
greenhouses don't require building permits. They're exempted by the State to encourage
alternative agriculture.
Crawford moved to amend WCC 20.69.301, "Except as otherwise specifically
allowed within this chapter, maximum allowable building floor area in Rural Community
(type I LAMIRD) shall not exceed 30,000 12,000 square feet. In Rural Business (type III
LAMIRD) no maximum building size limit...." However, it must be subject to some kind of
review. He withdrew his motion.
(12:50:36 PM)
Crawford moved to amend WCC 20.69.301, "Except as otherwise specifically
allowed within this chapter, maximum allowable building floor area in Rural Community
(Type I LAMIRDs) shall not exceed 30,000 12,000 square feet. In Rural Business (Type III
LAMIRDs), proposed buildings may be larger than 12,000 square feet, but shall be subject
to the administrative approval process specified in 20.84.235."
Brenner suggested a friendly amendment to change the maximum to 16,000
square feet instead of 12,000 square feet.
Crawford accepted the friendly amendment and amended the motion to amend
WCC 20.69.301, "Except as otherwise specifically allowed within this chapter, maximum
allowable building floor area in Rural Community (Type I LAMIRDs) shall not exceed 30,000
12,000 square feet per building. In Rural Business (Type III LAMIRDs), maximum allowable
building floor area shall not exceed 16,000 square feet per building; however, larger
buildings are allowed subject to the Administrative Approval process specified in
20.84.235."
Clayton Petree, stated there is no rationale for a small building size for type III
LAMIRDs. Many buildings are at or close to that size. Those businesses would like to
expand. Type III LAMIRDs don't go back to 1990. Analyze what exists. Consider a limit of
20,000 square feet, with administrative approval for more than that.
Swanson stated the administrative approval process requires County staff to use the
conditional use criteria to approve the administrative use. Change the criteria so they aren't
stuck with the rural character definition of GMA. Staff will never approve an administrative
approval use or conditional use under those criteria.
Brenner suggested a friendly amendment to change the building size limit for
type III to 20,000 square feet.
Special Committee of the Whole - Rural Element, 3/14/2011, Page 3
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Crawford accepted the friendly amendment and restated the motion to amend
WCC 20.69.301, "Except as otherwise specifically allowed within this chapter, maximum
allowable building floor area in Rural Community (Type I LAMIRDs) shall not exceed 30,008
12,000 square feet per building. In Rural Business areas (Type III LAMIRDs) maximum
allowable building floor area shall not exceed 20,000 square feet per building; however,
larger buildings are allowed subject to the Administrative Approval process specified in
20.84.235."
The Committee discussed the motion.
The motion failed by the following vote:
Ayes: Brenner and Crawford (2)
Nays: Mann, Knutzen and Larson (3)
Absent: Kershner and Weimer (2)
(1:18:47 PM)
Emerald Lake Zoning Map
Brenner submitted a map (on file). She moved to amend the Emerald (Toad) Lake
type I LAMIRD to:
• include any land outside the Lake Whatcom watershed in the northwest corner of
Section 14 in the LAMIRD, and
• amend the zone of the land outside the Lake Whatcom watershed in the northwest
corner of Section 14, the property south of Squalicum Lake Road and north of the
current zoning boundary, for a total of 16 parcels (not including the four southern
parcels), by zoning the parcels rural and applying a R2A zone, and
• make sure any property in this area found to be in the watershed should be zoned
R5A.
The County previously promised this density to the largest property owner in the
area.
Paul Isaacson, property owner, stated the four parcels south of the subject parcels
should not be included in the LAMIRD because they are in the Lake Whatcom watershed.
He has not been willing to allow widening of the easements along Feldman Road because it
is also in the watershed.
Mary Dickinson, Mary Dickinson Law Office LLC, referenced previous letters that talk
about how the Isaacson property qualifies at a built environment.
The motion failed by the following vote:
Ayes: Brenner, Knutzen and Larson (3)
Nays: Mann and Crawford (2)
Absent: Kershner and Weimer (2)
(1:43:22 PM)
Crawford referenced the letter from Futurewise dated March 14. He moved to
approve the Futurewise suggestion to amend 2DD -8 on page five of the letter, not including
the change to the first word, "Allow more intensive uses in limited areas of more intensive
rural development designated consistent with RCW 36.70A.070(5)(d) F Fal aFeas, which
Special Committee of the Whole - Rural Element, 3/14/2011, Page 4
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provide ... on surrounding rural areas and nearby resource lands and protecting rural
character."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen and Larson (5)
Nays: None (0)
Absent: Kershner and Weimer (2)
(1:52:44 PM)
Brenner moved to amend Policy 2A -11, to remove the highlighted and underlined
language.
Brenner amended her motion and moved to retain the language and add,
"Ensure that the development ... and /or LAMIRD boundaries (except in cases that create
abnormally irregular boundaries) are designated...."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen and Larson (5)
Nays: None (0)
Absent: Kershner and Weimer (2)
Brenner moved to amend Policy 2A -11, "...potential of contiguous lands in common
ownership is not compromised when urban growth boundaries and /or LAMIRD boundaries
are designated.
This should
be accomplished without expanding UGA and /or LAMIRD boundaries beyond...."
The motion failed by the following vote:
Ayes: Brenner, Mann and Larson (3)
Nays: Crawford and Knutzen (2)
Absent: Kershner and Weimer (2)
ADJOURN
The meeting adjourned at 2:00 p.m.
Jill Nixon, Minutes Transcription
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�o.w hatcom .w a.us
Dana Brown- Davis, Council Clerk
Sam Crawford, Council Chair
Special Committee of the Whole - Rural Element, 3/14/2011, Page 5