HomeMy WebLinkAboutPlanning March 30 20101
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
March 30, 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: Carl Weimer, Sam Crawford and Kathy Kershner
OTHER BUSINESS
Knutzen stated the Council will issue an invitation (on file) to all petitioners and
interveners relating to Ordinance 2009 -071. He has asked Hearing Examiner Michael
Bobbink to facilitate the meeting. He would like councilmember feedback on the draft
invitation.
Crawford stated the County Council is hosting this event. It is not proposed and
organized by the administration. It will be a Council meeting. All councilmembers have
agreed to attend. He read the draft invitation. It will be a Committee of the Whole
meeting. He is comfortable facilitating this discussion. He met with another professional
facilitator, who thought they would do just fine. He brings a lot of experience with this issue
to the table.
Knutzen stated the Council is coming at this from a neutral standpoint. He wants to
hear all sides of each story. They will base their decision on the feedback of each party. A
facilitator will control the meeting and provide an unbiased point -of -view.
Weimer stated an independent facilitator may be a benefit. The State Department of
Commerce used to provide that service at no cost. It's something to look into.
David Stalheim, Planning and Development Services Director, stated he contacted
the State Department of Commerce, who provides a list of those services. They have used
Hearings Board members from other Hearings Boards to mediate. That was their advice. It
would have to be someone from a different hearings board.
Crawford stated they are fine on their own.
Mann stated he doesn't have high expectations for the outcome of this meeting, so
he's not wrapped up in who runs it. If Councilmember Crawford wants to take on that
challenge, let him. He doesn't want to pay for a professional facilitator.
Planning and Development Committee, 3/30/2010, Page 1
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Brenner stated she has high hopes for the outcome of the meeting. She's fine with
allowing Councilmember Crawford to facilitate the meeting.
Rebecca Craven, Council Policy Analyst, asked if she can send out the invitation.
The councilmembers concurred.
COMMITTEE DISCUSSION
1. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, TITLE 20, TO
CLARIFY AND REVISE THE DEFINITION AND STANDARDS OF HOME
OCCUPATIONS (AB2010 -047)
Mann moved to recommend approval to the full Council.
The following staff person answered questions:
• Wain Harrison, Planning and Development Services Department
Discussion included the memo from Mr. Harrison to the Council dated March 23,
2010 regarding home occupation size limits on Council packet page 246; the disparity of the
memo language and the graduated scale of home occupations and cottage industries;
consistency with cottage industry regulations; allowing this in the smallest, most confined
business and not in a larger -scale operation;
Crawford stated be clear about what they are trying to accomplish. Define better
what this 8,000 square foot structure is. Apply the definition equally across the various
types of small businesses. Do a better job of defining what an older barn is.
packet.
Mann moved to recommend a hearing on the ordinance as presented in the Council
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
2. RURAL ELEMENT UPDATE - DISCUSSION OF GROWTH MANAGEMENT ACT
REQUIREMENTS AND THE PLANNING COMMISSION RECOMMENDATIONS
(AB2010 -072)
Crawford asked about allowing an extension due to economic circumstances before
plats expire. He asked the status of that item.
David Stalheim, Planning and Development Services Director, stated the staff is
putting that proposal together, and it will go before the Planning Commission in May. The
preliminary draft may go to the Council before Planning Commission, to make sure they are
on the right track.
Crawford asked to introduce that draft as an interim ordinance in two weeks, and
adopt it as an interim ordinance in four weeks. Stalheim stated that's up to the Council.
The concern is that an interim ordinance won't provide permanence.
Planning and Development Committee, 3/30/2010, Page 2
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Crawford stated it would provide relief to the people sooner. Stalheim stated they
need to change the land division ordinance and zoning ordinance. They need to change two
ordinances.
Crawford stated he needs something to introduce in two weeks. Stalheim stated
staff can get that in two weeks.
The following staff people gave a staff report, read a presentation (on file), and
answered questions:
• Gary Davis, Planning and Development Services Department
• David Stalheim, Planning and Development Services Department Director
Discussion included whether the County has any rural residential, three units per
acre (RR3) zones; whether rural character can be created through building design rather
than limiting the size; incorporating the limited areas of more intense rural development
(LAMIRD) provisions of the Growth Management Act (GMA); whether the LAMIRD's are fine
the way they are; aligning the LAMIRD's and County Comprehensive Plan; the Clallam
County option of applying a density overlay to rural areas; the Hearings Board definition of
a rural density; whether the County zoning is really out of compliance outside of LAMIRD
areas if it justifies the rural character; limiting the zoning in a density overlay; whether or
not the Supreme Court ruling no longer allows the Hearings Board to accept an established
bright line; whether the Supreme Court gave any guidance on defining rural zoning; the
definition of rural character being different for large expanses of land that are undeveloped,
such as 200 acre lots, and acreage with a rural dwelling development, and; issues of
character, sprawl, and existing services.
Brenner stated explore all the options. Stalheim stated staff is comfortable that all
options meet Growth Management criteria. They are viable options.
Knutzen stated this will be held in committee. Next time, the Committee will go
through recommended maps and text amendments, and follow up direction from today.
Kershner stated she would like staff to go ahead with exploring the options, including
the options of expanding the LAMIRD over waterlines and the density overlay.
Knutzen stated he would like to know which properties were affected. It seems more
options are available now. Stalheim stated they can explore the options on slides 28 and 29
more at the next meeting.
Davis stated the staff can expand on the options presented at the next meeting.
The committee concurred.
Stalheim stated think about what the Council wants to do first: hear from the public
or develop alternatives. He encourages that the Council have a public hearing up front,
early in the process.
Weimer asked if it makes sense to send the new options to the Planning Commission
for another look. Stalheim stated the Planning Commission agenda is full for 2010. The
Planning Commission could have a discussion on a focused issue, if time allows. People
have agreed to remand to the Hearings Board. He anticipates the Hearings Board will
develop a schedule.
Planning and Development Committee, 3/30/2010, Page 3
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2 ADJOURN
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4 The meeting adjourned at 4:35 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(g-.o.w hatcom .w a.us
Dana Brown - Davis, Council Clerk
Bill Knutzen, Committee Chair
Planning and Development Committee, 3/30/2010, Page 4