HomeMy WebLinkAboutPlanning September 28 20101
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
September 28, 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 (3:01:19 PM)
Present: Ken Mann, Bill Knutzen and Barbara Brenner.
Absent: None.
Also Present: Sam Crawford, Carl Weimer and Kathy Kershner.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. 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)
Kate Blystone, Planning and Development Services Department, submitted handouts
(on file) and gave a staff report. The Birch Bay Water and Sewer District will honor the
development agreement, regardless of the fact that it's been removed from the urban
growth area (UGA). She referenced a handout from the District. The District can extend
sewer service to other properties outside of Harbor Shores, but only if included in the UGA.
She referenced the letter and ordinance from the City of Blaine handout. The City is
working to revise the municipal code regarding wastewater collection requirements. Section
13.08.392 of the ordinance addresses the concerns about the burden of connecting to
Blaine sewer.
The following person answered questions:
Michael Jones, City of Blaine Community Development Director
Discussion included an exception for local improvement districts (LIDs) that allows
the City to bypass the code and require people to hook up to and pay for services; the
development agreement; whether an area has to be annexed before an LID can be formed;
how an LID is formed; what level of repair to a septic system is allowed before hookup is
required; the development agreement process; whether the developer agreement between
the County and Harbor Shores would be valid if annexed into the City; the law allowing a
City and County to bypass a public vote if they agree on annexation; the Council's mission
to protect the individuals who live there now; another option that this condition goes with
property; the option of including the concerns in the interlocal agreement, and; whether the
agreement with Birch Bay Water and Sewer isn't economically viable for the developer.
The following people spoke:
Planning and Development Committee, 9/28/2010, Page 1
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• Skip Jansen, Harbor Shores, LLC, stated today's discussion is only about
whether or not to put Harbor Shores back in the UGA. The other issues will
resolve themselves.
• Deanna Hutchings, 9076 Shipyard Lane, stated that if they are rezoned, it is
out of the County Council jurisdiction. The games will begin. Keep it zoned
the way it is, and Mr. Jansen can still develop his property through Birch Bay.
She agrees there should be protective language in the developer agreement.
• Bob Weisen, 3314 Douglas Road, Ferndale, stated this is poor planning. The
area should not have been taken out of the UGA in the first place.
• Craig Parkinson, Harbor Shore, LLC, stated that if not included in the UGA, its
very possible that sewer service won't go into the area. The lots may be
developed with drain field. Being in the UGA provides many options for
sewer. If annexed, people in the area would want some assurances on the
LID process. It's not fair to exempt someone forever from hooking up to
sewer.
Brenner moved to amend Council packet page 369 to add new language and
condition County Council approval on this language, "A binding agreement will be signed
that insures that neither Harbor Shores, nor the City of Blaine, nor Whatcom County will
make changes to this agreement for any reason that will force residents in the area with
working onsite septic systems to hook up or pay into sewer costs until or unless their
system fails or they request hook up through a latecomer agreement. For this purpose,
failures are considered a complete failure of the drain field that cannot be repaired."
Weimer asked for the Revised Code of Washington (RCW) that pertains to the
different ways that annexation could happen.
Blystone stated the development agreement is going through the Hearing Examiner
process. Tyler Schroeder can work with the developers. They've heard these concerns.
The proposed amendment is to the developer agreement. If the development agreement is
to be in place before inclusion in the UGA, then the Council should delay this item until the
agreement occurs.
Brenner amended her motion and moved to approve language, "A binding
agreement or interlocal agreement will be signed that insures that neither Harbor Shores,
nor the City of Blaine, nor Whatcom County will make changes to this agreement for any
reason that will force residents in the area with working onsite septic systems to hook up or
pay into sewer costs until or unless their system fails or they request hook up through a
latecomer agreement."
Mann stated he understands the principle, but doesn't know what he's voting on. It's
too vague.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann and Knutzen (2)
Knutzen moved to recommend approval to the full Council.
The motion failed by the following vote:
Ayes: Knutzen (1)
Nays: Mann and Brenner (2)
Planning and Development Committee, 9/28/2010, Page 2
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:51 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@7.o.whatcorn.wa.us
Dana Brown - Davis, Council Clerk
Bill Knutzen, Committee Chair
Planning and Development Committee, 9/28/2010, Page 3