HomeMy WebLinkAboutSpecial Committee of the Whole September 28 20101
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
September 28, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 1:30 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (1:35:33 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen and Kathy
Kershner.
Absent: L. Ward Nelson and Carl Weimer.
1. DISCUSSION REGARDING A DRAFT ORDINANCE AMENDING WHATCOM
COUNTY ZONING CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY
ZONING MAP, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
MAPS, TO IMPLEMENT CHANGES RELATING TO RURAL LAND USE PLANNING
(AB2010 -072A)
Gary Davis, Planning and Development Services Department, referenced the working
materials in the Council packets for this meeting and the September 14 meetings. Today he
wants to work on the proposed amendments to the Comprehensive Plan policy and the
maps. Since the Comprehensive Plan policies drive the development regulations, those can
be set aside for another meeting.
Crawford stated it would be best to go through the policies. The map would be an
outcome of the policies.
Davis read from a presentation (on file) and referenced a staff report from the
September 14 Council packet, including a summary of changes regarding limited areas of
more intense rural development (LAMIRDs) adjacent to urban growth areas (UGAs),
residential -only LAMIRDS, two -acre zoning, and the rural residential overlay area. They
received additional comments from Lesa Starkenburg, representing Hi -Tech Roofing, the TC
Trans Company regarding Title 20 language, and from Caitac about Comprehensive Policies
for Type II and Type III LAMIRDs.
The following people answered questions:
• Karen Frakes, Prosecutor's Office
• Tyler Schroeder, Planning and Development Services Department
Discussion included looking at total buildable lots, not total acres; public comment
received from Ellen Baker; whether earlier public comments will be considered or must be
resubmitted to the record; public comment availability on the County website; whether or
not the Council will get this done by the deadline; public disclosure requests that distract
from this process; the reason clustering is limited to 16; whether clustering would apply in a
LAMIRD; whether clustering could cause more degradation than not clustering; whether the
Council is concentrating growth in urban areas; whether services provided by the County
Health Department should be included in the policies of the Comprehensive Plan, which is a
Special Committee of the Whole, 9/28/2010, Page 1
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planning document; whether lumber mills and processing plants considered light industrial
or industrial; whether they can say that residential densities less than one dwelling unit per
five acres are traditionally considered rural densities; other traditional rural densities; past
Council action of downzoning areas; Comprehensive plan policy regarding rezones, and;
whether the Growth Management Act (GMA) would ever allow future rezones from R5A to
R2A.
Kershner referenced page 27 of the September 14, 2010 Council packet. Add
language to the Rural Character and Lifestyle section, "Whatcom County's rural areas ... The
rural areas provide an important buffer between urban areas, agriculture, and resource
lands, and the character of the rural areas...."
Crawford stated agriculture is considered a resource land.
Brenner referenced September 28 Council packet page 334 and moved to amend:
page 6 of 29, 2DD -6, add to add at the end, "...with the remainder available for open space
and agricultural uses if it does not create more complaints regarding accepted agricultural
practices than wider spacing." She has mixed feelings about cluster development. There
are more complaints when developments are clustered near agricultural land.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Crawford, Knutzen, Mann and Kershner (4)
Absent: Nelson and Weimer (2)
Kershner stated she will work with Councilmember Brenner on language to address
her point.
Brenner referenced Policy 2DD -1 on page 6of 29 in the September 14, 2010 Council
packet and moved to amend, "Concentrate most growth in urban areas...."
Kershner suggested a friendly amendment to amend, "Concentrate the majority
of growth in urban areas...."
Brenner accepted the friendly amendment.
The motion failed by the following vote:
Ayes: Brenner, Kershner and Knutzen (3)
Nays: Crawford and Mann (2)
Absent: Nelson and Weimer (2)
Brenner referenced page 7 of 29, the Rural Services paragraph, in the September
14 Council packet and moved add language, "Development in rural areas should not
receive urban levels of service, except in documented cases of public health necessity, but
services should be coordinated...." Acknowledge exceptions to allow public water for public
health reasons.
Crawford suggested a friendly amendment, "Development in rural areas should
not receive urban levels of service, except in the case of a public health emergency, but
services should be coordinated...."
Brenner accepted the friendly amendment.
Special Committee of the Whole, 9/28/2010, Page 2
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Kershner suggested a friendly amendment, "Development in rural areas should
not receive urban levels of service, except where it is necessary to protect public health and
safety and the environment, but services should be coordinated...."
Crawford stated split the sentence into two, to prevent a run -on sentence.
Brenner accepted the friendly amendment.
Kershner restated the motion, "Development in rural areas should not receive
urban levels of service, except where it is necessary to protect public health and safety and
the environment.-,-btrt Sservices should be coordinated...."
The motion carried by the following vote:
Ayes: Crawford, Brenner, Kershner and Knutzen (4)
Nays: Mann (1)
Absent: Nelson and Weimer (2)
Brenner moved to amend page 7 of 29, the Rural Services paragraph, in the
September 14 Council packet, to add language, "...and in other cases it is provided by water
districts and water associations."
Crawford suggested a friendly amendment to amend page 7 of 29, the Rural
Services paragraph, in the September 14 Council packet, to add language, "...and in other
cases it is provided by water districts or water associations."
Brenner accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Mann, Crawford, Brenner, Kershner and Knutzen (5)
Nays: None (0)
Absent: Nelson and Weimer (2)
Brenner moved to amend page 8 of 29, Policy 2EE -5, to add a sentence at the end,
"...safety and environmental quality. Provide on -site sewer (OSS) homeowners with OSS
educational class opportunities." This is the direction in which the County is moving, but it's
not mentioned. It is different than technical assistance, which gets staff to work with
people on specific problems. OSS education programs are preventative measures.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Knutzen and Mann (4)
Nays: Kershner (1)
Absent: Nelson and Weimer (2)
Brenner referenced page 8 of 29, the Rural Employment Opportunities second
paragraph, in the September 14 Council packet, and moved to amend language,
"Commercial and fight industrial uses located within Rural Communities...."
The motion carried by the following vote:
Ayes: Crawford, Brenner, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Nelson and Weimer (2)
Knutzen referenced page 9 of 29 in the September 14 Council packet, policy 2GG -2.
Special Committee of the Whole, 9/28/2010, Page 3
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Crawford moved to remove the sentence in policy 2GG -2, "The Rural designation
should include areas of traditional rural uses and densities. GeneFally, Fesidential densities
less than ene dwelling unit peF five aeres aFe eensideFed tFaditienal rural densities, hewever
been established. Traditional Rural densities have ranged from three residences per acre up
to one residence per ten acres. More intensive development should be contained...."
Mann suggested a friendly amendment, "The Rural designation should include
areas of traditional rural uses and densities. Generally, Fesidential densities less than ene
dwelling unit peF five aeres aFe eensideFed tFaditienal FHFal densities, hewever the Rural
designatien n9ay alse inelude rLiFal residential aFeas where higher- densities have been
to b d-. T-Faditienal RuFal densities have ranged freng three residenees peF aere bip te
More intensive development should be contained...."
Crawford accepted the friendly amendment and restated the motion to
amend Policy 2GG -2, "The Rural designation should include areas of traditional rural uses
and densities. Generally, Fesidential densities less than ene dwelling Hnit per five aeres are
Fesident*al aFeas wheFe higheF densities have been established. TFa ditien-.I D....-.1 densi }inn
More
intensive development should be contained...."
The motion carried by the following vote:
Ayes: Crawford, Brenner, Knutzen, Mann and Kershner (5)
Nays: None (0)
Absent: Nelson and Weimer (2)
Brenner referenced page 10 of 29, Policy 2GG -4 and stated add some language
clarifying the reason for restoring some rural, one unit per ten acres (R10A) to rural, one
unit per five acres (R5A) or remove this policy altogether. It contradicts their intent. Use
language that allows some flexibility next to more intensive growth patterns. She moved
to delete Policy 2GG -4 and renumber the policies accordingly. She then withdrew her
motion.
Kershner moved to delete policy 2GG -4.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Knutzen and Kershner (4)
Nays: Mann (1)
Absent: Nelson and Weimer (2)
Brenner stated she would like language in Policy 2GG -4 regarding the rural, one unit
per two acres (R2A) to remain.
Crawford stated this item would be held for two weeks.
OTHER BUSINESS
There was no other business.
Special Committee of the Whole, 9/28/2010, Page 4
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ADJOURN
The meeting adjourned at 3:00 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, 9/28/2010, Page 5