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HomeMy WebLinkAboutPlanning February 10 20091 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 Planning and Development Committee February 10, 2009 Committee Chair Laurie Caskey- Schreiber called the meeting to order at 3:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Carl Weimer Bob Kelly Also Present: Sam Crawford Barbara Brenner Seth Fleetwood COMMITTEE DISCUSSION 2. DISCUSSION REGARDING PROPOSED ORDINANCE TO ADOPT THE LUMMI ISLAND SUBAREA PLAN (AB2009 -088) Roland Middleton, Public Works Department, submitted a handout (on file). Two issues came up recently. One was a concern about page 52 of the subarea plan. His handout addresses that concern with a recommended change. Another concern was with two tables on page 88 of the subarea plan. His handout also addresses that concern with a recommended change. He is only bringing forward the changes to Title 20 that have to do with aquifer protection and density. The other changes will be in the work plan for the Planning Department to address as their work plan allows. Weimer referenced Table 10 on page 88. He asked if that would change the build- out scenarios on Table 7. Middleton stated it won't for many. It won't have enough of a change to go through the effort of recalculating and redoing the table. Crawford asked if the change says that this will not force consolidation on any old parcels. Middleton stated that's correct. His suggestion is to administer the way it has been administered for the past 30 years. Weimer moved to approve the amendment to subarea plan page 88 according to Mr. Middleton's recommendation in his handout. Motion carried unanimously. Weimer moved to approve the amendment to subarea plan page 52 according to Mr. Middleton's recommendation in his handout. Motion carried unanimously. Caskey- Schreiber referenced page 18, figure 5. The top threshold descriptions are crossed off. She asked if there would be a definition. Middleton stated they would modify the figure. The paragraph on page 19 was struck by the Planning Commission, because it Planning and Development Committee, 2/10/2009, 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 has no bearing on science or information found in the aquifer study. Figures 5 and 5A corresponded to that paragraph. Caskey- Schreiber stated remove those figures if there isn't a legend about what they are. She referenced the last line in the remaining paragraph on page 19. She asked if that is true. Middleton stated it isn't. He missed it, and will amend it. Caskey- Schreiber stated insert language instead that addresses the level of service. She moved to delete last part of that sentence. Caskey - Schreiber amended her motion and moved to delete the entire last line in the remaining paragraph on page 19. Middleton stated other sections of the plan talk about the ferry in detail. Remove the entire ferry discussion in that section, the entire paragraph. 20. Crawford stated eliminate "nevertheless" on page 20. Weimer suggested a friendly amendment to eliminate "nevertheless" on page Caskey- Schreiber accepted the friendly amendment and added it to her motion. Motion carried unanimously. Caskey- Schreiber asked about existing conditions and the rural residential island (RRI) zone. She asked if that description is still accurate, in light of the limited areas of more intense rural development ( LAMIRD) designations. She asked if they should refer to it as a LAMIRD. Middleton stated they could. He didn't change that section of the plan. As written five years ago, it was accurate. He will look into it. Caskey- Schreiber stated it is in the land use section on page 20 regarding existing conditions and the RRI zone. Middleton stated the Growth Management Act (GMA) recognizes the RRI zone. They will lower the density from one unit per three acres to one unit per five acres. It is correct. Caskey- Schreiber asked if they need to include the LAMIRD description into the plan. Middleton stated they don't need to until they have the overall discussion of LAMIRDs in the county. This is one area they would want to look at, at a later time. Weimer referenced the ferry discussion on page 57. He asked the accuracy of the paragraph regarding ridership. The Council has increased fares, and he's heard that ridership is down. He asked if they can confirm whether that paragraph is still accurate. Middleton stated they were not able to reproduce many of these figures. Ridership changes, depending on many factors. Mr. Abart suggested including just the last sentence on page 58 and removing the verbiage about the Charette and 20 -year plan. He doesn't know if they can get more accurate than that. Weimer stated he would like to hear suggested changes from the Lummi Island residents. Middleton stated that as they go through the Capital Facilities Plan Regarding the ferry, that will be the time to get detailed, updated information. Planning and Development Committee, 2/10/2009, Page 2 1 2 Brenner asked if they can add a disclaimer about it being a changing issue, to give 3 residents the understanding that the ferry information won't. be absolutely accurate. 4 Middleton stated they can, with the will of the Council. 5 6 Caskey- Schreiber stated there were inconsistencies about the most recent 7 groundwater study. The most recent study doesn't seem to be mentioned. Middleton 8 stated the groundwater information has been updated. He may have missed other areas. 9 10 Caskey- Schreiber referenced the section on page 34 about the need to do more. 11 She asked if the most recent report is the 2003 report or the report in Appendix D. 12 Middleton stated the report in Appendix D is the most recent report. 13 14 Caskey- Schreiber stated schedule this on the Planning and Development Committee 15 meeting agenda in two weeks for public comment and a work session. 16 17 Crawford referenced the first sentence in the third paragraph on page 57. It's 18 important to add the second line from that paragraph. 19 20 Weimer stated he's heard from people that the information in the second line isn't 21 true anymore, either. 22 23 Crawford stated the commuters are still waiting. 24 25 1. DISCUSSION REGARDING URBAN GROWTH AREAS REVIEW PROCESS 26 (AB2009 -052) 27 28 Rebecca Craven, Council Policy Analyst, referenced her memo in the Council packet, 29 beginning on page 129. She described the activities planned for the next few weeks. She 30 described the attachments to her memo in the Council packet. 31 32 Caskey- Schreiber referenced the chart on Council packet page 134. Ferndale and 33 Lynden, with different populations, have similar growth numbers. Craven stated the historic 34 growth allocation is a reflection of what has happened the last 18 years and what will 35 happen up to 2031, based on that historic growth in those areas. Over the last 18 years, 36 those two cities have grown at the same number. Under the policy -based allocation 37 scenario is a reflection of allocation choices in the existing Comprehensive Plan, which 38 anticipates that growth in those cities. 39 40 Craven stated they will start to bring forward some of the second phase allocation 41 discussions and larger policy discussions regarding consensus on rural growth versus 42 allocation to the urban growth areas as a whole. They will discuss what land use policies 43 techniques they may be willing to undertake to make a change to the amount of rural 44 growth that is happening. Bring forward more policy -based issues to the Growth 45 Management Coordinating Council (GMCC) to start those conversations with the cities and 46 the County. If the County Council approves, she will bring forward more specific issues for 47 the GMCC agenda. 48 49 Fleetwood asked when they will be done refining the methodology. 50 51 David Stalheim, Planning and Development Services Director, stated the planning 52 directors will meet to refine the assumptions used in the methodology. He asked the cities 53 to take care of those technical fixes for the next iteration of the land capacity analysis in Planning and Development Committee, 2/10/2009, 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 March. Methodology issues that are policy issues will go back to the GMCC and County Council. Fleetwood asked if that would happen before phase two discussions on allocations. It would reform their allocation and policies. Stalheim stated that is correct. Craven stated some of those policy discussions may flow into those phase two discussion. Individual cities may come forward with proposals describing why their capacities should be slightly different from the land capacity analysis, if they change some of those policy -based assumptions about infill. The proposals may come forward in the form of an allocation request, which would also reflect their capacity. Brenner stated the Council requested information on vacancy rates of existing residences in the cities. The consultants said they don't do that. Another GMCC member brought up the issue of accessory dwelling units. The consultants said they don't do that, either. Those together are significant. If they are going to tweak things with the cities, she needs those answers. Craven stated the information on the occupancy and vacancy rates is in the summaries about the individual city urban growth areas (UGAs). She referenced packet page 150 and 151. Stalheim stated that goes with household size for single- family and multi - family residences. That data is specific to each urban growth area. (Clerk's Note: End of tape one, side A.) Caskey- Schreiber asked if they are working from the 2000 Census. Stalheim stated they are using the most current, statistically valid data sources available. He described some of the data sources. The County is asking the cities to make sure that data is accurate. Caskey- Schreiber stated the different areas charge different school impact fees, which is calculated according to household size. Brenner stated it's important to include a percentage regarding accessory dwelling units, but the consultants said they wouldn't do that. Information is missing. Stalheim stated the consultant's didn't say they wouldn't do that. All the city planning directors agreed that there was no way to accurately count potential future accessory dwelling units. Regarding the partially used single - family property and the potential re- division of the property, they may be overestimating. However, it may account for some accessory dwelling units. They are blurring the technical and policy for that discussion. Bring that through a policy discussion. Craven referenced the alternatives memo on Council packet page 186. They are still discussion how they will present the two action alternatives. She referenced the table beginning on packet page 188. The options are in that table, but they will be updated to get sufficient range within the alternatives and sufficient differences between the alternatives to make the comparisons useful. Fleetwood asked if the alternatives and scope will be modified a bit, pursuant to the technical advisory group (TAG) meeting later this week. Stalheim stated they will be similar to what is presented here. They are shifting the alternatives to capture enough of a range Planning and Development Committee, 2/10/2009, 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 to allow the cities to have a variation. The Planning Commission recommends no UGA in Columbia Valley, which isn't reflected as an alternative right now. Caskey- Schreiber stated the County Council should weigh in on that Planning Commission recommendation. Stalheim state it will, beginning at the meeting on February 24. The Council may hold a public hearing on the issue. The County is limited to annual amendments, so they don't plan to take action on the Foothills Subarea Plan. They've missed the 2009 cycle. The only things they can extract out of the Foothills Subarea Plan this year are GMA compliance issues, which are the UGA versus LAMIRD decision. There was discussion about whether when and how there would be a Council public hearing on the Columbia Valley UGA and the agenda for the next Planning Committee meeting. Craven stated the alternatives are in the table beginning on Council packet page :: Brenner stated both alternatives X and Y have things they want and things they don't want. That seems odd. Craven stated alternative X is generally structured to test more geographically compact growth. There is more emphasis on infill and preventing growth in the rural areas. Alternative Y is structured to test the higher level of population spread out geographically in the UGAs. Stalheim stated that in the end, the Council will pick and choose different aspects from all the alternatives. They want a wide range of alternatives to ensure everything is studied. Crawford asked if this is developed for a range of study, not to make a decision on picking. Stalheim stated that's correct. Crawford asked when the Council gets to pick the alternative. Stalheim stated the draft environmental impact statement (EIS) will be available in April. The Draft EIS goes to the Planning Commission for a recommendation to the County Council in June. The final EIS would be published as they get public comment on the draft EIS. Craven stated the consultants have said they would make the suitability analysis results available earlier than the draft EIS, so the cities would have that information. Crawford stated that in March 2006, there were 212 short -plat applications in one week. That is the difference between alternatives X and Y. Be aware of the volatility of this issue, defined by the differences in X and Y. Stalheim stated the review process due June 30, 2009 is the urban growth area review and revision, not the rural component. There are policy choices about how they size the urban areas they are testing in the EIS. They are starting to talk about shifting growth out of the rural areas and into the urban areas. The choice to not allocate growth to rural areas has technical challenges. Everything they do for traffic modeling, fire facilities, and other infrastructure uses the data from the Comprehensive Plan as if it were real. All the traffic studies are based on things that aren't happening, for example. A policy discussion is whether they artificially shift those numbers without regulations to follow them up with. Crawford stated Y is a compromise solution. However, these alternatives will go to the heart of fundamental, philosophical differences about the future allocations in the county. Planning and Development Committee, 2/10/2009, Page 5 1 2 Caskey- Schreiber stated this is a classic conflict that plays out nationwide. It's not 3 new. 4 5 Craven stated that is exactly the point of scoping the EIS this way. 6 7 Caskey- Schreiber stated they have to consider it. 8 9 Craven stated the rural lot data will be in the binder for the public hearing on March 10 17. That data will be interesting to look at. The areas included in the map on Council 11 packet page 196 will go through the suitability analysis criteria on Council packet page 189 12 to determine the purposes for which they may be suitable or not suitable for future urban 13 growth. 14 15 Brenner stated they haven't had a discussion about major downzoning in the 16 unincorporated area. She is not interested in supporting a blanket downzone in other areas. 17 Stalheim stated they are making decisions on the urban growth area, not the rural areas. It 18 will help inform the rural decision. 19 20 Weimer stated the planning paradigm in King County is different than in Whatcom 21 County. In King County, the cities and county agreed to draw UGA boundaries that would 22 never change. In Whatcom County, it seems to be understood that they will review the 23 capacity every ten years, and change the boundaries to fit the numbers. He asked if 24 Whatcom County can move to a paradigm like that in King County. Stalheim stated the 25 policy discussion within the land capacity analysis is to use planned densities instead of 26 achieved densities. That's a difference from the way it's been done in the past. That's a 27 policy discussion that needs to happen. 28 29 Craven stated that before the King County developed its paradigm, it received 30 hundreds of short -plat applications per week and thousands of one- and two -acre lots in the 31 county that it didn't try to do anything about. They weren't going to provide services. They 32 drew a huge UGA boundary, said they were never going to move it. For the first ,20 -year 33 period, they've had an artificial vent with all those one -acre, undeveloped lots without 34 services. They drew a hard line, but haven't yet had to make hard decisions to double the 35 population of Seattle every several years. It will be interesting to see what happens when 36 they don't have that escape valve anymore. 37 38 Caskey- Schreiber stated the traffic patterns indicate there has been a I lot of 39 movement out of the county while continuing to work in the county. 40 41 42 COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL 43 44 1. ORDINANCE AMENDING TITLE 21, LAND DIVISION REGULATIONS, 45 REGARDING GENERAL PROVISIONS, EXEMPT LAND DIVISIONS AND 46 BOUNDARY LINE ADJUSTMENTS, SHORT SUBDIVISIONS, PRELIMINARY 47 LONG SUBDIVISIONS, FINAL LONG SUBDIVISIONS, SURVEYS AND 48 DEDICATIONS, AND DEFINITIONS (AB2008 -404A) 49 50 Caskey- Schreiber moved to recommend approval to the full Council. 51 52 David Stalheim, Planning and Development Services Department Director, stated he 53 and Mr. Buckingham reviewed the concerns from the Building Industry Association. He Planning and Development Committee, 2/10/2009, Page 6 1 referenced their staff memo on Council packet pages 70 through 72. Mr. Buckingham 2 agrees with the recommendations in the memo. 3 4 Weimer moved to amend the ordinance according to the memo in the packet 5 beginning on Council packet page 70. 6 7 Stalheim stated the BIA told him that the language in the memo is a good 8 compromise. 9 10 Crawford stated the amendments make sense to him, 11 12 Motion to amend carried unanimously. 13 14 Weimer stated they should hold in committee for any more questions to hear 15 Councilmember Crawford's concerns. 16 17 18 OTHER BUSINESS 19 20 There was no other business. 21 22 23 ADJOURN 24 25 The meeting adjourned at 4:30 p.m. 26 27 28 29 Jill Nixon, Minutes Transcription 30 32 AT `Wr.- � CO��,� WHATCOM COUNTY COUNCIL 33 34 F HAT •�G WHATCOM COUNTY, WASHINGTON O .2 35 pV , 36 38 6 na l %r�vn�a *ceu6c -Clerk Laurie Caskey- chreiber, Committee Chair 39 •.h' /NGt�•• '����1 /1111►► ► ►►��! Planning and Development Committee, 2/10/2009, Page 7 'PA, y ?�flf�pd8lf oSi�'+:'���'x��