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HomeMy WebLinkAboutPlanning June 23 2009WHATCOM COUNTY COUNCIL Planning and Development Committee June 23, 2009 Committee Member Carl Weimer called the meeting to order at 1:09 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Bob Kelly None Laurie Caskey- Schreiber Also Present: Barbara Brenner Sam Crawford Seth Fleetwood COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.16, WHATCOM COUNTY CRITICAL AREAS ORDINANCE, REGULATING NEW WELLS ON NORTHERN LUMMI ISLAND (AB2009 -285) Roland Middleton, Public Works Department, submitted additional information on recommended changes from the Health Department (on file). He gave a staff report. He recommends the changes, minus any scrivener's errors. These changes don't require more review by the Planning Commission. It defines what the Planning Commission talked about. It doesn't add anything to the code. There is no time urgency that would prevent the committee from holding this item in committee. Discussion included allowing people to keep an old well until a new well is passed. Caskey- Schreiber stated they would Introduce this item to the full Council at tonight's meeting, have a public hearing in two weeks, and schedule it in committee in two weeks. The following people spoke: • Polly Hanson, Lummi Island, stated one well will often undermine another well. There should be an upper limit on how many people can drink water from Lummi Island. There is a limit to the amount of water available. If they use too much fresh water, the salt water will start to intrude. • Wynne Lee, 2171 Tuttle Lane, Lummi Island, stated have mandatory metering of all wells. Water quality monitoring and water metering will provide data they'll need in the future. Measure wellhead pressure twice per yea r. • Wanda Cucinotta, Lummi Island, stated she would like to read the proposed changes before commenting. Planning and Development Committee, 6/23//2009, Page 1 Jim Dickinson, 2094 West Shore Drive, Lummi Island, stated he had no idea this was happening. They need more notice. They can't compel anyone to meter water use. David Stalheim, Planning and Development Services Department Director, answered questions. Discussion included desalination as a water source on Eliza Island; how metering data would be useful; the amount of water available in a well versus how much water is drawn from the well; notifying Lummi Island residents of issues regarding Lummi Island, and; using the term "administrative waiver" instead of "variance "; Weimer moved to amend 16.16.544 to replace 'variance" with "administrative waiver" in three locations in that section. Motion carried 3 -0. 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.34, RURAL RESIDENTIAL ISLAND, REDUCING THE DENSITY AND MAKING OTHER CHANGES TO THE RRI ZONE FOR LUMMI ISLAND (AB2009 -286) Roland Middleton, Public Works Department, gave a staff report. He recommends approving the changes that have been discussed by the residents and the Planning Commission. At a separate time, refer the reserve tract changes through the Planning Commission. Move forward with this ordinance regarding density reduction. David Stalheim, Planning and Development Services Department Director, answered questions and stated remove the Whereas statement regarding the reserve tract, and move forward with this ordinance. Discussion with staff included reasons why a zone of rural, one unit per five acres (R5A) is better than rural, one unit per three acres (R3A); limited areas of more intense rural development (LAMIRD's); this zoning district being out of compliance with the Growth Management Hearings Board; a regulation regarding being inside the aquifer recharge area that does not apply; allowing groundwater to drive zoning density; whether a conservation easement is really being required; using language specific to Title 20, not the critical areas ordinance; Weimer moved to incorporate the reserve tract information into the ordinance, hold in committee, and have a hearing on July 7. The committee concurred. Middleton stated use the term "conservation tract." The following people spoke: • Jim Dickinson, get address, stated the conservation easement is illegal. This whole thing is illegal according to case law. It should be deleted. Also, the water issue is a red herring. It's a distribution problem, not a quantity problem. There is enough water for a density of one house per acre. The community will oppose this. They don't know this is going on. • Wanda Cucinotta, Lummi Island, stated clustering with a reserve tract should be a choice, not mandatory. She is already required to protect a shoreline Planning and Development Committee, 6/23//2009, Page 2 area, but that's not a taking. Get this item done. Almost no one has complained about the density change. Polly Hanson, Lummi Island, stated more could be developed with three -acre density than five -acre density. Approve the five -acre density. Protect the water that is there so it lasts. Wynne Lee, Lummi Island, stated this process started in 2000. People who want to know about the issues already have found out what is going on. Get this done. There is no need for another public hearing. Don't allow reserve tracts to be developed at higher densities in the future. Change the density to five acres. Density also impacts the transportation system. Don't call the reserve tract a conservation easement. Take out the language that makes it okay for further development. Weimer moved to recommend to the full Council adoption of removal of the recharge areas language, changing density to five acres, and insert the "conservation tract" language. He asked staff to bring forward the corrected language for a public hearing on July 7. He asked legal staff to review this issue to make sure it's not a takings issue. Discussion included the difference between a reserve tract that allows future development and a conservation tract that does not allow future development; clustering as an optional process, not mandatory, and; whether there are agricultural areas on Lummi Island on which clustering would be mandatory. Caskey- Schreiber stated they would schedule both Lummi Island items for the Council's meeting in August. Introduce these items at the last meeting in July, and hold a public hearing in August. Motion carried 3 -0. 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF EVERSON FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT FOR APPROXIMATELY 34 ACRES IN THE VICINITY OF MISSION ROAD, SOUTH OF THE CITY LIMITS — TIGER -VAN BOVEN ANNEXATION, BRB 2009 -05 (AB2009 -300) Kate Koch, Planning and Development Services Department, gave a staff report. Discussion included mixing industry and residential uses. Weimer moved to recommend approval to the full Council. Motion carried 3 -0. OTHER BUSINESS There was no other business. Planning and Development Committee, 6/23//2009, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ADJOURN The meeting adjourned at 2:32 p.m. Jill Nixon, Minutes Transcription ATTES�i�i C /i �6.da Brodif'n- • \0, .*ounce Clerk G• 004S .• 000 0 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON curie Caskey-SAhreiber, Committee Chair Planning and Development Committee, 6/23//2009, Page 4