HomeMy WebLinkAboutSpecial Planning October 20 20091
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
October 20, 2009
Committee Chair Laurie Caskey- Schreiber called the meeting to order at 1:34 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Laurie Caskey- Schreiber, Bob Kelly and Carl Weimer.
Absent: None.
Also Present: Seth Fleetwood and Barbara Brenner
COMMITTEE DISCUSSION
1. DISCUSSION AND WORK SESSION ON 10 YEAR UGA REVIEW (AB2009-
052F)
Birch Bay
Kate Blystone, Planning and Development Services Department, submitted maps (on
file) and gave a staff report. She described the Planning Commission process deliberation
and their preliminary recommendation. According to the land capacity analysis, the urban
growth area (UGA) is oversized by 16 acres, with a population surplus of 125 acres. The
employment supply is 69 acres oversized, with a surplus of 950 jobs. They are only
allocated 489 jobs. It's okay that they have a little bit of a job surplus.
Brenner asked about permits that have been approved or are almost approved. If
they aren't left in the UGA, the Birch Bay Water and Sewer District won't provide service.
After all the money they've spent, they won't be developed. Blystone stated she would talk
about those properties.
There are two issues. First, there are many requests for inclusion in the UGA. She
described those requests.
Caskey- Schreiber asked if vested lots and applications will be nonconforming.
David Stalheim, Planning and Development Services Department Director, stated it
depends on the request. They are in different stages of application. From the County's
perspective, they are vested plats that allow sewer extension. However, it's up to the
service provider. The existing lots to the northeast of the Garrett property would be
nonconforming.
Brenner asked if the Maritime request is vested. Stalheim stated the application for
a preliminary plat is vested. However, they had to go through a legislative process to
change from a long -term to short -term planning area, which involved a site specific rezone.
That never went forward. The vesting status is not the same as a regular vested
application.
Brenner asked about vesting on the Whisper Lake Development. Stalheim stated
they went through a pre - application conference. He doesn't know if they have yet
submitted an application. If submitted this week, the application will be vested. Until the
application is preliminarily approved, the application is vested, not the plat.
Special Planning and Development Committee - UGA Review, 10/20/2009, Page 1
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Blystone stated the second issue is the Blaine Road and Alderson Road intersection.
The Planning Commission recommends removing the provision. It would make the
intersection general commercial and urban residential mixed use, 24 units per acre (URM-
24). She described three options for the area. She described the provisions for this zone.
Public comment indicated that the provisions make it impossible to develop, that property
owners want to develop low income housing, and the requirement to buy transferrable
development rights is cost prohibitive.
Brenner stated she thought that low income developments didn't have to buy
development rights.
Caskey- Schreiber stated option three would allow them to create provisions to get at
Councilmember Brenner's concerns. She asked what the zone will be if the provisional
rezone is removed. Blystone stated the zone goes to (URM -24).
Brenner stated increased density is either appropriate or not. She asked why
anyone would purchase development rights if they don't want a higher density. Blystone
stated the Birch Bay Community Plan identifies multifamily housing at this intersection, at
no less than ten dwelling units per acre. It is a challenge to get developers to buy higher
density unless there is a reason to do so.
Caskey- Schreiber stated it's a condo community. She doesn't agree with gifting
higher density and general commercial zoning. Staff could craft language for a provisional
rezone that would be palatable and not have to link partners with everyone in the
agreement.
Weimer asked if they could go with option three and require some transfer of
development right (TDR) no matter what happened with the upzone. Blystone stated they
could.
Blystone referenced a memo from David Stalheim to the Planning Commission dated
October 9, 2009 regarding the Birch Bay Urban Growth Area Sizing and Zoning (on file) as it
addresses the Birch Bay Watershed Characterization Study.
Caskey- Schreiber asked what happens if the Garrett Area were added back to the
UGA. Stalheim stated they would have more land capacity than the allocation. They are
starting for a lower base line here than in other UGA's. They are using the lowest
population allocation of the environmental impact statement (EIS). A surplus here is in a
different context than in other UGA's. They can justify that if they want. Having a small
surplus is okay.
The following people spoke:
• Kathy Berg, Birch Bay Steering Committee Chair, submitted a handout (on
file).
• Peter Gill, Planning and Development Services Department
Discussion included whether the community talked about the results of the
watershed characterization, and how they will merge the watershed characterization and the
community plans; what would prevent the intersection from being developed in the next
two years, if included in the UGA, while the community thinks about the watershed
characterization plan; the protection zones in the watershed characterization study, and;
whether areas were characterized by existing land use.
Special Planning and Development Committee - UGA Review, 10/20/2009, Page 2
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Zoning Maps and Comprehensive Plan Amendments
Stalheim referenced and read from the Urban Growth Area Review Planning
Commission Preliminary Recommendations, dated October 15, 2009 handout (on file).
Discussion included how the countywide growth numbers were reduced; having a
range of numbers rather than just one number; Columbia Valley's desire for its own fire
district and Columbia Valley's capital facilities plan; what happens if a City doesn't have an
adequate capital facilities plan and services and the County wants to allocate more density;
who is responsible for adopting levels of service standards in different urban growth areas;
whether there is a difference in how much more subdivision can happen if Hillsdale or
Geneva is in the UGA or not in the UGA; the possibility of downzoning areas in Hillsdale and
Geneva that haven't yet been developed, so they can't be developed and they also don't
create nonconforming lots; how they legally justify a TDR program for one particular area,
but not other areas being considered for downzones; whether a TDR program would be on
vested lots or on the potential before the downzone; whether there are any Growth
Management Hearings Board findings about conflicts regarding agricultural land within
UGAs; how they justify reducing Lynden's numbers in light of its growth rate; small farms
not being counted in the total for agricultural land; the 100 -year flood plain in Nooksack
being smaller than determined previously, and whether it impacts the size of the UGA
boundary, and; the reason for not including an area along the South Pass Road.
Rebecca Craven, Council Policy Analyst, described the upcoming schedule for this
item.
(Clerk's Note: Councilmember Caskey- Schreiber left the meeting at 2:45 p.m. and
Councilmember Kelly left the meeting at 3:30 p.m. The quorum was lost.)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:33 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.whatcom.wa.us
Dana Brown- Davis, Council Clerk
Laurie Caskey- Schreiber, Committee Chair
Special Planning and Development Committee - UGA Review, 10/20/2009, Page 3