HomeMy WebLinkAboutPlanning July 27 20101
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
July 27, 2010
CALL TO ORDER
Committee Member Ken Mann called the meeting to order at 3:04 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (3:04:02 PM)
Present: Ken Mann, Bill Knutzen and Barbara Brenner.
Absent: None.
Also Present: Carl Weimer, Sam Crawford, and Kathy Kershner.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, TO ADD
PIPELINE SAFETY REGULATIONS (AB2010 -238)
Doug Goldthorp, Planning and Development Services Department, gave a staff
report.
Discussion included (3 :10 :18 PM) whether or not the builder of a single - family home
in a rural area would have to notify a pipeline, even if outside the right -of -way; whether a
farmer or timber owner has to get permission from the pipeline to work within or near the
easement. notification requirements and recommendations; allowing the pipeline
transmitter 15 days to respond to notification; whether the location of a pipeline is recorded
on a deed or plat; (3:29:01 PM) how pipeline easements are negotiated; whether any high
consequence land uses are currently planned within 500 feet of a pipeline, and; why they
should ensure land use compatibility with pipelines.
Brenner moved to recommend approval to the full Council.
The following person spoke:
• Wain Harrison, Planning and Development Services Department, answered
questions.
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Planning and Development Committee, 7/27/2010, Page 1
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2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND ZONING MAP FOR PROPERTY KNOWN AS HARBOR SHORES LOCATED
ON BLAINE ROAD, SOUTH OF DAKOTA CREEK (AB2010 -258) (3:35:09 PM)
Kate Blystone, Planning and Development Services Department, gave a staff report
and answered questions. The Planning Commission recommends forwarding to the Council
for concurrent review.
Discussion included how the lots were platted in 1965; how may plats exist in Harbor
Shores and in this proposed urban growth area (UGA); whether the existing developed lots
have to install sewer as a condition of annexation approval; whether less density could be
developed with septic than with sewer; the reasons residents don't want to be annexed into
Blaine; whether the residents can get sewer from Birch Bay Water and Sewer District
without being in a UGA to protect Drayton Harbor; whether either sewer district can serve
the area if the area is in the UGA; extending services for public health reasons; whether all
residents were notified of the Planning Commission hearing, and; the design of the sewer
system.
The following people spoke:
• Craig Parkinson, Application Architect and Engineer, answered questions.
• Deanna Hutchings, Shipyard Lane, spoke on behalf of her neighborhoods.
She cannot afford to be in a local improvement district (LID) at a cost of $300
per month, so she would lose her home. They do not want to annex into
Blaine. It's questionable whether the City of Blaine needs or wants this area
annexed.
• Deanna Kane, resident, answered questions and stated there is no advantage
to annexing into the City. It will be significantly more expensive. Each
existing lot in the area would be assessed $214 per month, and the water and
sewer payment would be about $90 per month. The residents prefer to
remain on septic systems ideally. The County should approve the septic
designs, mitigate the wetlands, and protect the neighborhood and Drayton
Harbor. They don't want annexation into the City.
• Skip Jansen, Project Applicant, stated the plat was approved in 1966. The
first issue is whether the property should be in the UGA. The residents want
to stop the annexation by keeping the area out of the UGA. The Planning
Commission and County staff recommend inclusion in the UGA. The second
issue is the annexation. Annexation won't happen if the majority of people
don't want it. He's not trying to force annexation. It's an option of 60
percent of the people want it. This has only been out of the UGA for six
months.
• Cyprian Woo, address redacted 5/31/2011, submitted a handout of the cost comparison (on
file). Don't try to spread the cost of selling these properties to the neighbors.
The benefit to the owner is to sell his lots. Don't include in the UGA.
• Phil Hutchings, Shipyard Lane, stated the councilmembers are expressing his
concerns. He's not concerned about the lots being developed. His concern is
the cost of that development to him. It's a difficult time economically. They
struggle to make ends meet. He doesn't need a sewer system. An additional
bill of $300 per month would cause him to lose his home, given the economic
times. His septic system functions just fine. Many people in the area may
have fixed incomes. If the development could go forward with no cost to him,
he wouldn't be opposed to it.
• Sarah Klinkon, 9087 Shipyard Lane, stated she didn't understand the
notification. She is opposed to this item.
Planning and Development Committee, 7/27/2010, Page 2
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• Katy Jansen, applicant, stated the annexation idea is separate from whether
or not the area should be in the UGA. They can work with residents in cases
where they can't pay. They aren't trying to force people out of their homes.
Brenner stated she wants to know legally if Harbor Shores can hook up to Birch Bay
water and sewer. She wants to ensure that people with working septic systems don't have
to pay unless their system fails.
Knutzen stated the residents all purchased their property when the area was
included in the UGA. The Council is asked to just return the property to the UGA. The
property has been platted since 1966.
Mann stated there are many places in the county with terrible zoning and land use
decisions that were made in the past. They maybe made it right in 2009. He asked the
environmental impact on Drayton Harbor if they put in 50 septic systems or if they put in
sewer service. He doesn't have the answer to those questions. He asked if the agreement
between the Birch Bay Water and Sewer District and Harbor Shores is valid if Harbor Shores
is not in the UGA. He asked if there is another way to annex other than by vote of the
residents.
Brenner moved to hold in committee. She wants the answers to her questions.
She would like to know if the Health Department would approve certain septic systems and
whether any exceptions would prevent people from having the right to vote on annexations.
Mann stated he would like to know whether the agreement between the Birch Bay
Water and Sewer District and Harbor Shores valid, if Harbor Shores is not in the UGA. He
would also like to know the methods that annexation can happen, and whether people can
be forced to pay for a sewer system they don't want and don't need. He would like to know
what those laws are.
Knutzen stated he would like to know if they can design an interlocal agreement with
the City of Blaine.
Brenner stated she would like to know if the Health Department would prevent a
workable septic system on vested and platted and lots.
Mann stated he would like to know if there are vested and platted lots that can't fit
State - approved septic systems that make it buildable. (4 :50:10 PM)
Knutzen stated they need Health Department staff at the next meeting to answer
questions. Email questions to staff before the meeting so they can prepare answers.
Knutzen stated he would like to know from the City of Blaine what their plans are for
extending sewer and annexation.
The motion to hold in committee carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
OTHER BUSINESS
There was no other business.
Planning and Development Committee, 7/27/2010, Page 3
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ADJOURN
The meeting adjourned at 4:52 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, 7/27/2010, Page 4