HomeMy WebLinkAboutPlanning April 27 20101
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
Planning and Development Committee
April 27, 2010
CALL TO ORDER
Committee Chair Bill Knutzen called the meeting to order at 2:15 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present:
Absent:
Also Present:
Ken Mann, Bill Knutzen and Barbara Brenner.
None.
Sam Crawford and Kathy Kershner.
COMMITTEE DISCUSSION
1. DISCUSSION OF THE PROPOSED ORDINANCE AMENDING WHATCOM
COUNTY CODE, TITLE 20, TO CLARIFY AND REVISE THE DEFINITION AND
STANDARDS OF HOME OCCUPATIONS (AB2010 -047)
Brenner moved to recommend approval to the full Council, with the amendments
that she submitted earlier:
• 20.84.150(1), "M LLThe following home occupation requirements shall be regarded
as cumulative regardless of the number of home occupations on the site(_
• 20.84.150(4) "In all zones except EI, UR, URM, and URMX, ... total of 2589 4500
square feet of building floor area. In the..."
• 20.84.150(7)(1)(a), "On a lot of record one acre e less than one acre ...."
• 20.84.150(7)(1)(d), On a lot of record which is gFeateF thaR five acres or greater;
three vehicles, which may include heavy equipment regardless of weight;...."
• 20.84.150(7)(1)(e), "On a lot of record which is greater thaR ten acres or greater;
four vehicles, which may include heavy equipment regardless of weight."
• 20.84.150(9), "No equipment, process, or materials shall be used in such home
occupations which create{} noise,...or property, or impacts heavier or different than
would be expected from a residential property. ,
with enjoyment ef life and pFepeFty."
• 20.84.150(10), "Sales are limited ... or other electronic commerce sales. in „e ease
Retail sales or uses of other types of merchandise or
equipment (such as tanning beds, copy machines, or similar products) shall be
prohibited."
• 20.84.150(11), "The maximum nameplate horsepower rating of the electrical motors
of any single piece of machinery operating in the home occupations shall be five
horsepower and may include three -phase motors. The
electrical service for home occupations shall not exceed 200 amps."
• 20.84.150(12), "The following activities, which include but are not limited to:
mortuaries, funeral homes, major automobile, major truck and heavy equipment
repair and auto body work or auto body painting, parking and storage of heavy
equipment, storage of building materials for use on other properties, are prohibited
as home occupations. Minor automobile and minor truck repair shall be allowed."
Planning and Development Committee, 4/27/2010, 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
53
Mann stated he's not comfortable with changing the minimum square feet from
2,500 to 4,500.
The following person spoke:
• Wain Harrison, Planning and Development Services Department, stated he
agrees with Councilmember Mann. The original proposed ordinance was
commensurate with a minor amendment. It meant the intent of a home
occupation on a scale that doesn't require a permit. These proposals ceded
that intent. However, the Committee may go there.
Discussion included consistency in the Code; making enforcement easier for staff
versus making home occupations easier for the public, and; whether square footage
inconsistencies make it confusing for staff and the public.
Brenner stated items (7)(2) and (7)(3) are subsets of (7)(1), and should be
renumbered accordingly.
The committee concurred.
Discussion included the intent to not prohibit businesses solely for things such as
tanning beds and copier services, but to allow them only as accessory uses; the intent of
subsection (10), and; not allowing retail sales -only home occupations.
Harrison stated he would develop alternate language for subsection (10).
Knutzen moved to amend the motion to amend 20.84.150(10), "Sales are
limited ... or other electronic commerce sales. In no case shall home occupations consist of
only on site retail sales. Fees rendered for services for the sole use or purpose of providing
merchandise or equipment (such as tanning beds, copy machines, or similar products) shall
be prohibited."
The motion to amend the motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Harrison suggested amending 20.84.150(11), "The maximum nameplate
horsepower rating of the electrical motors of any single piece of machinery operating in the
home occupations shall be five horsepower and no equipment shall be may inelude thFee
The electrical service for home occupations shall not exceed 200 amps."
Brenner accepted the Mr. Harrison's suggestion as a friendly amendment to her
motion to recommend approval, with amendments.
The motion on the friendly amendment carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
20.84.150(12), "The following activities, which include but are not limited to:
mortuaries, funeral homes, major automobile, major truck and heavy equipment repair and
auto body work or auto body painting, parking and storage of heavy equipment, storage of
building materials for use on other properties, are prohibited as home occupations. Minor
automobile and minor truck repair shall be allowed."
Planning and Development Committee, 4/27/2010, 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
There was discussion on the motion to amend subsection (12); defining the
difference between major and minor auto and truck repair; as written and without the
amendment, the section allows storage of heavy equipment, per subsection (7); small
businesses who provide minor services; monitoring hazardous chemicals and hazardous
waste from unsupervised auto repair and auto body shops; making enough amendments to
require re- introduction; whether the intent to exclude these services to avoid hazardous
materials is covered in subsection (9), and; potentially punishing businesses that have
taken the time to get their licenses, insurance, and permits.
Knutzen suggested a friendly amendment to leave 20.84.150(12) as it is in the
Council packet, "The following activities, which include but are not limited to: mortuaries,
funeral homes, automobile, truck and heavy equipment repair and auto body work or auto
body painting, parking and storage of heavy equipment, storage of building materials for
use on other properties, are prohibited as home occupations."
Brenner accepted the friendly amendment.
Knutzen moved to amend the motion, to amend 20.84.150(4) °In all zones except
EI, UR, URM, and URMX, ... total of 2500 4588 square feet of building floor area. In the...."
The motion carried by the following vote:
Ayes: Mann and Knutzen (2)
Nays: Brenner (1)
Knutzen restated the motion to recommend approval to the full Council, with the
amendments that Councilmember Brenner submitted earlier, as amended:
• 20.84.150(1), "M LLThe following home occupation requirements shall be regarded
as cumulative regardless of the number of home occupations on the site(_
• 20.84.150(7)(1)(a), "On a lot of record one - acre -er less than one acre ...."
• 20.84.150(7)(1)(d), On a lot of record which is gFeateF thaR five acres or greater;
three vehicles, which may include heavy equipment regardless of weight;...."
• 20.84.150(7)(1)(e), "On a lot of record which is ten acres or greater;
four vehicles, which may include heavy equipment regardless of weight."
• 20.84.150(9), "No equipment, process, or materials shall be used in such home
occupations which create(a) noise,...or property, or impacts heavier or different than
would be expected from a residential property. ,
• 20.84.150(10), 'Sales are limited ... or other electronic commerce sales. In no case
shall home occupations consist of only onsite retail sales. Fees rendered for services
for the sole use or purpose of providing merchandise or equipment (such as tanning
beds, copy machines, or similar products) shall be prohibited."
• 20.84.150(11), "The maximum nameplate horsepower rating of the electrical motors
of any single piece of machinery operating in the home occupations shall be five
horsepower and ige eElumpn9ent shall be thFee phase n9eteFS. The electrical service for
home occupations shall not exceed 200 amps."
The motion to recommend approval as amended carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Planning and Development Committee, 4/27/2010, 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
52
53
2. RURAL ELEMENT UPDATE - DISCUSSION OF GROWTH MANAGEMENT ACT
REQUIREMENTS AND THE PLANNING COMMISSION RECOMMENDATIONS
(AB2010 -072)
Gary Davis, Planning and Development Services Department, submitted and read
from a presentation (on file) and gave a staff report.
Discussion included whether a LAMIRD can be used to identify a personal
community, such as Cain Lake; whether clustering would be required to achieve the
average density of the surrounding area; whether Whatcom County use the same or
different assumptions that Clallam County used, and; acknowledging historic, rural
communities.
Knutzen stated the water line option may give them options on limited areas of more
intense rural development (LAMIRDs). Davis stated he will present those options at the
next meeting.
Brenner stated she doesn't like calling something a rural neighborhood. Instead, call
it rural community. Add a map that shows the historic communities that used to be called
townships. She would like to hear more about the water line option. Also, talk about major
water lines as opposed to all water lines.
Discussion continued and included LAMIRDs with residential components adjacent to
urban growth areas; whether lower density zoning with nonconforming lots would cause
financial hardship to the owner; whether an existing business on commercial property on
the Guide would be affected if zoned differently so it becomes a nonconforming use;
whether the County assumption is to not put LAMIRDs next to urban growth areas, and; the
difference between the LAMIRD and density overlay areas in terms of zoning boundary.
3. UPDATE ON URBAN GROWTH AREA ISSUES (AB2010 -054)
This item was withdrawn from the agenda.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:35 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council4o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk Bill Knutzen, Committee Chair
Planning and Development Committee, 4/27/2010, Page 4