HomeMy WebLinkAboutSpecial Committee of the Whole April 12 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
Special Committee Of The Whole
April 12, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 10:00 a.m. at Cornwall
Church, 4518 Northwest Drive, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
COMMITTEE DISCUSSION
URBAN GROWTH AREA (UGA) GROWTH MANAGEMENT HEARINGS BOARD
PETITIONS (AB2010 -054A) AND OBJECTIONS (AB2010 -054B)
(Clerk's Note: Due to a recording malfunction, minutes are transcribed from notes
provided by Council Policy Analyst Rebecca Craven.)
Knutzen moved to remove Futurewise from presentations.
Brenner suggested a friendly amendment to allow the Futurewise presentation
after noon.
Knutzen accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Knutzen and Kershner (4)
Nays: Crawford, Weimer and Mann (3)
Blaine /Trillium /Semiahmoo
Bonnie Onyon, Blaine Mayor, submitted information (on file) and stated the City
supports all petitioners. The City has planned West Blaine for years. The area has no major
environmental concerns.
Jon Sitkin, City of Blaine, stated the County failed to consider the unique
circumstances of the City of Blaine, regarding the East Blaine annexation area and its 20- to
40 -year build out. It shouldn't be considered as capacity for the next 20 years. There is a
flaw in the County land capacity analysis. They underestimated the effect of the Critical
Areas Ordinances (CAO) on Blaine's capacity by half. Given the prevalence of vacation
homes, the occupancy rates are significantly lower than those used in the County's land
capacity analysis. West Blaine has been planned for approximately 20 years. The City
wants it back in the urban growth area (UGA).
Special Committee of the Whole -UGA Settlement Conference, 4/12/2010, 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
Chris Benner, Trillium, stated there is 30 years of Trillium's planning in the area of
West Blaine. They want to continue planning for West Blaine with the County. Move forward
with the application.
Amy Kosterlitz, Trillium Attorney, discussed how the Growth Management Act (GMA)
affects process. There are plat and planned unit development (PUD) applications vested for
Semiahmoo West, which should be in the UGA, given it's vested to urban densities. The
land capacity analysis is not a reason to exclude West Blaine. The land capacity analysis
overestimated capacity. Consider also vacation homes in Birch Point, market factor, zoning
densities, and wetlands. The County can adopt a new ordinance re- designating West Blaine
before June 1. The reason this can't wait until December 2011 is because the County is
asking petitioners to withdraw their appeals, but they can't get County commitment until an
ordinance is adopted. The UGA has been upheld in the past. Reinstate the UGA. If
development stays outside the UGA, it would be nonconforming, making later adjustments
difficult. There are issues of extension of services to development outside the UGA. Vested
status provides a basis for justification.
Anchor Manor, Foster, Windward, Beachmont
Jack Swanson, Attorney, stated they want the areas restored to the UGA. He
submitted and referred to maps (on file) and the area from Shintaffer Road to Lincoln Road
to the city limits. It's been 15 years since East Blaine was annexed. Infrastructure is too
expensive, and there will be very long -term build out. This area is served with water and
sewer. The school district is trying to purchase property in the area. Foster is the only one
of the properties that drains to Drayton Harbor. The Hearings Board presumes County
validity, and the County is entitled to discretion in designating its UGAs. Sizing can take
into consideration whether a landowner plans to sell. All total approximately 200 acres.
The reason they should not wait is that UGA status is necessary for financing and
development.
Brad Swanson, Anchor Manor, submitted maps (on file). Anchor Manor is in the
Birch Bay UGA and has 21 acres. The Maritime Manor project has 52 vested lots, utilities
available on two surrounding roads, will serve letters, and a Corps of Engineers permit. Put
it back into the UGA. Adopt an ordinance before June 1. There is no reason to wait. The
owners have relied upon UGA status to prepare for development.
Fire District 14
Jon Sitkin, Fire District 14 Attorney, stated Fire District 14 serves the Columbia
Valley UGA. There are issues around capital facilities planning and compliance with the
Growth Management Act. The District is an all- volunteer Fire District. It has an obligation
for urban level of service (LOS) response that the District can't meet. The County currently
is going through the process to establish LOS. The County Comprehensive Plan doesn't
have a Capital Facilities Plan compliant with GMA. The District is working on a draft Capital
Facilities Plan that will come forward to the County when complete. It can be done by June
1.
City of Ferndale
Gary Jensen, Ferndale Mayor, stated he attended Growth Management Coordinating
Committee (GMCC) meetings, gathered information from citizens, and presented an opinion
to the County. The opinion was ignored. The County should take action to change its
decision.
Special Committee of the Whole -UGA Settlement Conference, 4/12/2010, 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
52
53
Greg Young, City of Ferndale, submitted information (on file). He agrees with the
comments by Amy Kosterlitz about problems with the land capacity analysis. The numbers
are precise but not accurate. The City of Ferndale would like the Vista /Malloy area re-
designated to the UGA. If that area is out of the UGA, an island is created in which utilities
go through. It makes extension of utilities inefficient. He agrees that the old UGA was too
large, and proposes reducing the area in red on the photo. Other small areas of additions
are shown in orange, including Slater Road in the south and Enterprise Road in the north,
both of which are for industrial and commercial. He sent proposed ordinance amendments
and Comprehensive Plan amendments to the County Council and Planning Department staff.
Don't spend time with more process. They need action. A reason why this can't wait is
because it shouldn't wait. The City was not out of compliance. The County was. He
discussed capital facilities planning. Regarding the question of whether the water supply is
adequate to serve expansion area, they get water from the Public Utility District (PUD),
which is from the Nooksack River. They used to get water from wells. They have hired RH2
to look at a well system and plan to get off PUD and rely on deep wells.
There was discussion with Jori Burnett about provisional UGAs.
Jori Burnett, City of Ferndale, stated areas would be provisional until 2011 when the
City determines it can serve the area.
City of Nooksack
Rollin Harper, City of Nooksack, stated all information is in the record. He submitted
a map (on file) and stated the City wants the southern area of the UGA reserve put back
into the UGA. The western two - thirds of the area was planned for residential and the
eastern one -third for industrial. Their concerns with the land capacity analysis are in the
record. The land capacity analysis showed a one -acre surplus. Areas within the city limits
and affected by Swift Creek sediment should be accounted for in the residential capacity.
They are currently counted at four units per acre. Regarding the industrial area, job
allocation was reduced and an area was removed from the UGA. That eliminates economic
opportunity the City hoped for. Density goals are being met and exceeded, annexations
rejected, and the City is avoiding sprawl. A reason why this can't wait is that it puts the
City at a disadvantage, it's unfair to property owners, and it is not supported by the record.
Capital facilities planning could be problem. There is no sewer comprehensive plan. The
City is going through that process with the City of Everson. He estimates they have
approximately 20 years capacity. It could be conditioned or dealt with in an interlocal
agreement, so it wouldn't be annexed until planning is complete.
City of Sumas
Bob Bromley, Sumas Mayor, stated all the Cities compromised in the GMCC process
and in the Executive's proposal. Job allocations to Sumas were too low in the
environmental impact statement (EIS) range. Restore the UGA.
Rollin Harper, City of Sumas, submitted a map (on file). Restore the UGA reserve to
UGA, except for the area next to the Sumas River. The area to the south is for residential
growth. The land capacity analysis showed a one -acre excess. Population was capped by
the ranges in the EIS. Population would have been over 1,100, but the range capped it at
just over 700. With a larger population, they would have a land capacity shortage. The
area is split by Hovel Road. It makes sense to have the area on both sides of the road, but
they would compromise at restoring the western half of Hovel Road and retaining the east
Special Committee of the Whole -UGA Settlement Conference, 4/12/2010, 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
43
44
45
46
47
48
49
50
51
52
53
side as a reserve. Also, the City would like the area in northwest designated as UGA
reserve for industrial growth. That is not essential for settlement, but it is the City's
preference.
Yew Street Association, Hillside, Westpac, Muljat
Brad Swanson, Attorney, submitted a map (on file) that is a large aerial photo
showing the city limits and former UGA that is now a reserve, within the red dashed line. It
also shows utilities, roads, and subdivisions. Reinstate the UGA boundary to the pre -2009
boundary. The area has been in the UGA for almost 20 years, has grown in urban densities,
and has roads and infrastructure built or planned to urban standards. It is a matter of
fairness to property owners. It would be unfair to wait. The only way the County can get
out from under a long -term burden is to put it in the UGA and allow for annexation.
There were questions about road costs and standards if in or out of the UGA.
Tim Stewart, City of Bellingham, stated the City needs to look at the area as a
whole, and determine whether the City of Bellingham can serve the area. They previously
turned down annexation in that area because the City doesn't have the financial ability to
provide city services. The annexation interlocal has expired, but under its previous terms,
there was agreement for reimbursement.
Brenner stated that agreement for reimbursement was only for a certain number of
years. She asked if they can get an agreement that the County wouldn't be responsible for
costs of upgrading to City standards.
North Bellingham, Caitac USA
Tom Walsh, Caitac, submitted information (on file). Regarding the Council
questions, first, include North Bellingham in the UGA. Second, include a portion of Cordata
North in the UGA before June. Third it is not necessary to wait until 2011. Whatcom
County is able to act now in a defensible manner. He referred to a letter dated April 5
laying out the means of resolution. He referred to his handout, a one -page summary of
ordinance changes that would be necessary to effect changes. The record to support this
decision can be taken care of by changing the market factor. Change the factors upward.
Zoning changes are also in summary. This can be accomplished in the next two to three
months.
Ted Mischaikov, Caitac, stated he has been looking forward to discussion this
afternoon. Referred to the City of Bellingham 2006 Comprehensive Plan map. Delay is not
an acceptable solution. A five -year review area is a special entitlement area. Justifications
for that designation still exist. They need residential single family homes in the city of
Bellingham. Caitac has made a commitment to affordable housing, youth sports, a school,
and other high development standards. Capital facilities are ready to go in the ground.
Water and sewer are in ground at Smith Road and the Guide Meridian. They have made a
contribution of a school site. Using the City of Bellingham methodology, Larrabee Springs is
cash -flow positive to the City of Bellingham upon annexation. They will not compete with
infill within the city of Bellingham. They will compete with areas in and around small cities
and rural build out. There is difficulty with infill in the city of Bellingham.
Jack Petree, citizen, submitted a handout (on file) and referenced examples of data
errors. They need to review growth rate assumptions in growth projections.
Special Committee of the Whole -UGA Settlement Conference, 4/12/2010, Page 4
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
Bob Wiesen, 3314 Douglas Road, Ferndale, stated they didn't address affordable
housing, adequate housing supply, or a strong economy.
Dean Haverstraw, citizen, stated his participation is in the capacity of someone
involved in youth soccer. Larrabee Springs looks like a vision of Bellingham they want to
see.
Mischaikov stated they are proposing an addition of approximately 25 to 30 percent
of the area in a first phase.
(Clerk's Note: The Council took a break from 12:08 p.m. to 1:00 p.m. When the
meeting resumed, the Council took straw votes on supporting development of an ordinance
to amend the UGA designation. There was no motion before each straw vote.)
West Blaine
The straw vote failed by the following vote:
Ayes: Kershner and Crawford (2)
Nays: Weimer and Mann (2)
Abstain: Knutzen, Brenner and Nelson (3)
Beachmont, Windward, Foster - Blaine UGA
The straw vote carried by the following vote:
Ayes: Crawford, Brenner, Mann, Nelson, Knutzen and Kershner (6)
Nays: Weimer (1)
Nelson and Brenner stated they may want Windward out.
Fire District 14
The Council endorses the process of Fire District 14. The County is going forward
with county -wide LOS.
Birch Bay UGA, Anchor Manor
The straw vote carried by the following vote:
Ayes: Crawford, Weimer, Mann, Brenner, Nelson, Knutzen and Kershner (7)
Nays: None (0)
City of Ferndale
The straw vote to change Vista Malloy from UGA reserve to UGA and include the
provisional additions of Enterprise Road in the north and Slater Road in the south, as shown
on the map entitled "Proposed 2010 County Action" submitted by the City carried by the
following vote:
Ayes: Crawford, Brenner, Nelson, Knutzen and Kershner (5)
Nays: Weimer and Mann (2)
Nelson stated his yes vote and approval is conditional on water supply.
Knutzen stated he has concerns with sewer planning.
Special Committee of the Whole -UGA Settlement Conference, 4/12/2010, Page 5
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
City of Nooksack
The straw vote regarding the area east of the city carried by the following vote:
Ayes: Crawford, Brenner, Nelson, Knutzen and Kershner (5)
Nays: Weimer and Mann (2)
Knutzen stated that he has a concern about Swift Creek liability.
City of Sumas
The straw vote on the Hovel Road area only from reserve to UGA carried by the
following vote:
Ayes: Crawford, Brenner, Nelson, Mann, Knutzen and Kershner (6)
Nays: Weimer (1)
The straw vote on the northwest industrial area as a UGA reserve failed by the
following vote:
Ayes: Brenner, Kershner and Mann (3)
Nays: Crawford, Nelson, Knutzen and Weimer (4)
City of Bellingham
The straw vote on changing Yew Street from UGA reserve to UGA carried by the
following vote:
Ayes: Crawford, Brenner, Nelson, Knutzen and Kershner (5)
Nays: Weimer and Mann (2)
Brenner stated she will not approve this if the County gets stuck with improvements
to City standards.
The straw vote on the entire North Bellingham /Caitac USA area carried by the
following vote:
Ayes: Crawford, Knutzen, Mann and Kershner (4)
Nays: Brenner, Nelson and Weimer (3)
ADJOURN
The meeting adjourned at 3:09 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Special Committee of the Whole -UGA Settlement Conference, 4/12/2010, Page 6