HomeMy WebLinkAboutPlanning April 13 20101
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
April 13, 2010
CALL TO ORDER
Committee Chair Bill Knutzen called the meeting to order at 3:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Ken Mann, Bill Knutzen and Barbara Brenner
Absent: None
Also Present: Kathy Kershner and Sam Crawford
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.80.210, MINIMUM
SETBACKS, TO IMPLEMENT A TEN FOOT SETBACK FOR PROPERTIES ALONG
THE US- CANADA BORDER (AB2010 -166)
Alex Cleanthus, Planning and Development Services Department, gave a staff report.
Discussion included allowing access to berry farmers to have room to turn around
their pickers and allowing access to farmers for maintenance.
Mann moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
COMMITTEE DISCUSSION
1. RURAL ELEMENT UPDATE - DISCUSSION OF GROWTH MANAGEMENT ACT
REQUIREMENTS AND THE PLANNING COMMISSION RECOMMENDATIONS
(AB2010 -072) (3:05:22 PM)
Gary Davis, Planning and Development Services Department, submitted and read
from a presentation (on file) on examples of type I, II, and III limited areas of more intense
rural development (LAMIRD), rural areas not proposed for a LAMIRD, and proposed
Comprehensive Plan text amendments and zoning code text amendments.
Discussion during the presentation included whether they can use the same names
they used to use, such as suburban enclave, and better - define outer boundaries; whether
LAMIRDs are legally allowed near cities; whether they can use existing water lines as a sole
criteria, regardless of where they go (3:55:24 PM); pursing the water line issue and getting
clarity; whether the manufacture of fiberglass pipes will be an acceptable use for the rural
industrial- manufacturing (RIM) zone designation; not allowing businesses on the Guide to
Planning and Development Committee, 4/13/2010, Page 1
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expand in certain zones; limiting existing uses in the LAMIRDs; the Planning Commission
recommendation of 2005; whether there are logical boundaries for Type III LAMIRDs;
LAMIRDs as tools to recognize existing, sprawl development, not as tools for future growth,
which are urban growth areas (UGA's); having tools available to take advantage of
economic development opportunities in Washington counties that have interstate highways;
the status of the Goldstar property that was developed in 1990, but no longer is; promoting
and protecting the agricultural industry in Whatcom County; the reason for choosing the
2005 date, which was when the Hearings Board first found Whatcom County out of
compliance; whether they can vest or grandfather properties into a LAMIRD that were
developed after 2005; the character of the North Bellingham community; the reason why
the North Bellingham area isn't a LAMIRD when the Guide development is; the zoning on
Eliza Island, and; setbacks on rural business properties and abutting resource lands.
(4:50:11 PM)
Davis asked the committee's preferred next steps.
Knutzen stated they are not ready for a public hearing. He would like more feedback
from the councilmembers and a recommendation from the Committee of the Whole.
Brenner stated have a Committee of the Whole work session for proposed changes.
Knutzen stated hold this item until after they've dealt with UGA settlement.
Stalheim asked if the committee wants to develop an alternative proposal on which
they would eventually have a public hearing.
Kershner stated there will be an alternative proposal. Don't have a public hearing
until they develop a likely alternative proposal. It will take a lot of time to look at each
area. Stalheim stated staff can develop more detail on certain issues such as water lines
and residential -only LAMIRD's. That will take the staff at least a month to bring forward.
Brenner stated she likes the idea of creating LAMIRDs where it matters on the lot to
be conforming or nonconforming. She likes a combination of things, including overlays on
certain areas. There is a big problem with the Guide Meridian area as it is proposed. She
doesn't support any of the buffers. If they make it impossible, they won't have any rural
community businesses. Don't do that. Other difficult areas are the downzones to ten acres
if things will be nonconforming anyway. It seems disingenuous to downzone something that
is already developed to ten acres.
Kershner stated do work on the water lines, and how that impacts some of these
areas.
Knutzen stated he isn't ready to recommend staff time on that yet. He would like to
get feedback from the Committee of the Whole on how to proceed with LAMIRDs, and if and
how they want to develop an alternative proposal.
Crawford asked if the next step is to do more study and other options, and if that
would include each area. Davis stated the question is the point when an alternative
proposal is drafted.
Knutzen stated an option is to go through area -by -area, one area each meeting.
Planning and Development Committee, 4/13/2010, Page 2
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Brenner stated let councilmembers know about this presentation, ask them to put
their ideas on paper, and start working on those ideas.
Crawford stated he prefers to have a work session and talk through the issues. A
logical next step is to address the issue of underground utilities. If there is time, put aside
an hour or hour and a half during the upcoming Planning and Development Committee
meetings to work on these areas and develop answers on which of the 45 areas can be used
as water lines. They could have a discussion in Committee of the Whole about where
everyone is at right now. Now, he wants to protect the opportunities for the property
owners that have had some zoning assurance. Protect those folks and preserve their
zoning. He will look for opportunities to do that, even if that means looking at graduated
densities and underground utilities. Review policies in the Comprehensive Plan and
Countywide Planning Policies that have tied their hands to some degree. Make sure the
Countywide Planning Policies are set as the foundation, and then the Comprehensive Plan
and the zoning decisions are consistent, so the rural element will make sense. It will be a
lengthy policy discussion. He asked how much committee time needs to be taken up with
other issues. Develop a schedule to work through all this through the Spring.
Knutzen stated he is concerned about staff time dealing with the UGA settlement.
Brenner stated there are plenty of Planning issues that come forward. An hour isn't
enough time. Have special committee meetings on off - Tuesdays.
Kershner stated she may be in favor of off - Tuesday meetings if they can schedule
the entire day and be assured of making significant progress. She prefers taking time out
of each Planning Committee meeting.
Knutzen stated that is an option. They can get a lot done in a special meeting.
Stalheim stated quite a few things are coming through the Planning Commission to
the Committee. Over the next couple of months, they will have to allocate time to answer
specific questions. He's not worried about the staff time in his department. There isn't a
staff time competition between LAMIRDs and the UGA issue. He's more worried about other
things, such as docket items that will begin to come to the Committee. He likes the idea of
getting an indication of where the Committee is going with the options presented. Staff can
come back with options and maps on issues, rather than looking at the old map. Focus on
themes so staff can develop options. At some point, the Committee should also hear from
the public, and not so much from staff.
Brenner stated they do a great job in the Planning Committee. The wording is
important. The hearing on home occupations tonight isn't what the Committee
recommended. These are the kinds of things that slow things up. Things take time.
Crawford asked if it's possible, if the Planning Committee made a recommendation,
for staff to bring forward a proposal with virtually no density reductions from today's current
zoning, in all areas, and support that proposal with an analysis of what it would take to
develop that proposal in terms of Comprehensive Plan consistency and Countywide Planning
Policy consistency. He suspects most of the councilmembers want to do this the least
painful way possible, to not deprive anyone of any current density or current use. He asked
if they can start with a new majority view of how to approach this in a way that does the
least, given the Hearings Board's direction on the LAMIRDs and rural element, the recent
court decisions, and any inconsistencies in the Comprehensive Plan. He asked if there is
any merit in the Planning and Development Committee proposing that to Planning
Planning and Development Committee, 4/13/2010, Page 3
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Department staff. Stalheim stated that given the existing Comprehensive Plan and
development regulations, that direction will not be justifiable or pass the Growth
Management Hearings Board. However, they've laid out options that will pass muster and
be less painful for the property owners.
Knutzen stated he is in favor of that, if there is staff time available. Stalheim stated
staff can develop those options and proposal. It will be about water lines, residential -only
LAMIRDs, and similar subjects. He can lay out an option for the Goldstar property, if the
Committee wants. He won't make a recommendation that says what exists will meet the
test.
Crawford asked about making revisions so the Countywide Planning Policies,
Comprehensive Plan, and zoning are consistent. Stalheim stated the hierarchy begins with
the Growth Management Act, then Countywide Planning Policies, then Comprehensive Plan,
then development regulations, which all must be consistent. The Countywide Planning
Policies requires a discussion with and ratification by the cities. That is a sore point with the
cities. In the past, the County made amendments without City input. He won't recommend
subverting the cities' processes. He explained the ratification process.
Crawford stated it would behoove the Council to review and build support for the
Countywide Planning Policies. He doesn't know how else to do that if they are going to
ensure consistency.
Brenner stated they will never reach agreement amongst all groups and avoid
lawsuits and appeals. Focus on this and get it done. It would be great to do a philosophical
review, but it would take a very long time. She prefers to work more specifically.
Knutzen stated many options are available, particularly for areas that are outside the
LAMIRDs. Staff can bring forward options that don't affect the property owners as much as
this proposal.
Brenner asked if the setbacks in rural areas are in or out of LAMIRDs. Stalheim
stated they are where the LAMIRDs abut resource lands. Staff can come back with optional
maps for the water line issue, for example.
Crawford stated the committee should try setting aside one hour each meeting to
discuss the rural element, for the next couple of meetings. If they are not getting enough
done, then revisit the idea of a work session.
Brenner stated schedule it at the end of the meeting, not the beginning of the
meeting.
Knutzen stated staff can begin with the water lines.
Crawford stated staff can also begin with a proposal that is the least painful to
density issues and property devaluation issues.
Knutzen stated they can also begin to deal with the buffer issue. He asked staff to
present options for water lines.
OTHER BUSINESS
There was no other business.
Planning and Development Committee, 4/13/2010, Page 4
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3 ADJOURN
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5 The meeting adjourned at 5:20 p.m.
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Please contact the Council Office to obtain an
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official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Bill Knutzen, Committee Chair
Planning and Development Committee, 4/13/2010, Page 5