HomeMy WebLinkAboutPlanning July 11 20061 WHATCOM COUNTY COUNCIL
2 Planning and Development Committee
3
4 July 11, 2006
5
6 Committee Chair Seth Fleetwood called the meeting to order at 3:15 p.m. in the Fifth
7 Floor Conference Room, 311 Grand Avenue, Bellingham, Washington.
8
9 Present: Absent:
10 Barbara Brenner None
11 Dan McShane
12
13 Also Present:
14 Laurie Caskey - Schreiber
15 Sam Crawford
16 Carl Weimer
17
18
19 COMMITTEE DISCUSSION
20
21 1. DISCUSSION WITH MEMBERS OF THE FERNDALE CITY COUNCIL REGARDING
22 PLANNING ISSUES OF MUTUAL CONCERN (AB2006 -305)
23
24 Jerry Landcastle, Ferndale Mayor, stated there are several issues to talk
25 about. One is the density issue. He met with all County councilmembers
26 individually over a period of months to express the City's concerns. He tried to
27 bring the County councilmembers up to date about what the City is actively doing.
28
29 Density is one item to talk about. The annexation process of additional
30 parcels and areas of land will come forward. The County Council should be aware
31 of these areas. Expansion of the urban growth areas (UGA's) and boundaries,
32 which was submitted to the Council a couple of years ago, weren't considered. The
33 City is still interested in the area east of the current city limits, along Smith Road,
34 to provide utility services. As a minimum, extend to the intersection of Northwest
35 Road and Smith Road. There is interest in doing expansion there. The City is
36 happy to consider providing infrastructure and utilities for that expansion. Also,
37 they would like an expansion easterly along the Axton Road. There are utilities in
38 that area now. Also, extend north along Enterprise Road, from '/a -mile east of
39 Enterprise Road to Grandview Road, for a commercial area. The City will provide
40 utility services to the industrial area. That is an overview of the issues today.
41
42 There has been some concern about Ferndale expanding the UGA to include
43 all the area between Smith and Axton Roads. That isn't what the City is interested
44 in. A corridor on each side of those roads would provide an opportunity to expand
45 utility services. There are already services along both those roads. Recovering
46 those utility costs is important. The City has one financial item due this year. The
47 City owes the Public Utility District (PUD) about $85,000 for infrastructure
48 installation.
49
50 Tom Black, City of Ferndale Planning Director, indicated the locations on a
51 map. The City has infrastructure beyond the UGA boundary. Swap UGA land to the
Planning and Development Committee, 7/11/2006, Page 1
I west for land to the east. The acreage is about the same. It would reduce the
2 City's residential land supply. The easterly portion is less likely to develop at a
3 higher density.
4
5 Fleetwood asked if this is an informal proposal. Landcastle stated it was a
6 proposal to the County two years ago. The City is doing a technical update of the
7 Comprehensive Plan that will come forward in the next year or two for proposals for
8 UGA expansions.
9
10 Black stated the City submitted an application to the County in 2003, but it
11 was rejected.
12
13 Crawford asked if the City is interested in corridors along Smith Road and
14 Axton Road, but not in encompassing the entire area. Landcastle stated they want
15 one- quarter mile north and south of the two roads. That will encompass most of
16 the density, but exclude larger parcels.
17
18 Caskey- Schreiber stated she understands the rationale, although it seems
19 there is a lot of work involved for not much gain. She asked if they are doing the
20 finger extensions to avoid Councilmember Brenner. Landcastle stated they are not.
21 The County needs utility extensions and infrastructure. They are not extending
22 outside of the UGA, by City Council policy. In order to provide additional available
23 services to the county, they need to extend the UGA. They don't need to take in all
24 that area. The density the City would gain from the area in the center isn't that
25 big. No utilities extend into that area at this time.
26
27 Caskey- Schreiber stated parts of that area look very urban. Landcastle
28 stated there are large plats that pay a 50 percent utility surcharge.
29
30 Brenner stated the water and sewer is already extended to the County offices
31 at Smith Road and Northwest Road. The County wants more water. Not an
32 extension of services. It seems like it would not be in any way against the policy of
33 Ferndale to supply the county with more water because the services are there.
34 There is going to be an expansion of the County buildings. The County staff
35 determined that it would need more water. It's not an extension of services, but an
36 increase in the amount of water. That is a different thing. Don't use that as a
37 noose around the County's neck. The County and City are trying to work together.
38 Work with the City of Ferndale to come up with a mutually agreeable supply, not an
39 extension.
40
41 Greg Young, City Administrator, stated the issue may be one of equity. The
42 City has water out there, but has denied service to individuals who have lots out
43 there, even though the water line runs in front of their homes. If they supply
44 additional water to the County, he asked the argument for people who have lots
45 with a water line in front and just want more water, also. They can't deny
46 individuals and do it for the County, especially since the County is extending
47 services and these people just want to build a home.
48
Planning and Development Committee, 7/11/2006, Page 2
1 Brenner stated it is completely different. The City already supplies the
2 County. Also, a lot of those lines were done with federal funding as providing
3 services for health and safety reasons. At the time, it was even stated they could
4 not be used in the future to extend city limits. It is about regional purveying of the
5 services for health and safety.
6
7 Landcastle stated he would like to see those documents.
8
9 Weimer stated this relates to swapping the UGA on the west for the east.
10 Even on the east side, the densities in that area already developed are less than the
11 County wishes the City would develop. Extending the UGA does not meet the
12 County's wishes to increase density.
13
14 Landcastle stated they can't do much about existing lots and changing those
15 configurations. Water goes out there and still costs people 50 percent more. The
16 issue is that the City is the area provider of water and sewer utilities. The Growth
17 Management Act (GMA) says they should limit that supply to within the UGA. The
18 City is not holding it over anyone's head.
19
20 Weimer stated the County is forced to keep density in the urban lands and
21 keep the rural lands rural. He asked if the City is willing to draw a hard line and not
22 go beyond it.
23
24 Landcastle stated they ought to come to a reasonable understanding of
25 whether they calculate density from small individual areas or within the entire city.
26 They will increase density at the City core by allowing taller structures. They will
27 see greater density in the entire city area, including the central area. The proposals
28 that come forward have not missed the County's request by a great deal. As a
29 whole, they have had very good response regarding densities.
30
31 Weimer stated some of the more recent plats have been more dense. The
32 County would like to see more movement in that direction. In the last couple of
33 years, the densities have averaged three to four units per acre, not six to eight
34 units per acre.
35
36 Black asked if that average is gross or net. There is a large difference
37 between the two.
38
39 Mel Hanson, Ferndale City Council, stated it is ridiculous to hold the City to a
40 hard and fast line forever. The whole purpose of growth management is a 20 -year
41 look. The purpose is to look at what will be urbanized in 20 years. Each time the
42 revision comes along, look at the direction development is going. If development
43 goes in one direction, they must look at expanding in that direction. The City will
44 have enough buildable land with or without the switch.
45
46 They must look at the health issues. The area of north Bellingham has failing
47 wells. Nitrates are very high. The water table is lowering on the north side of
48 Smith Road. In the north Bellingham area, a question is how to handle that. They
49 are already serving that area with the water and sewer, but they are not serving
Planning and Development Committee, 7/11/2006, Page 3
I some of the plats. He asked what to do from a health standpoint when the septic
2 tanks in that area fail. The County Council must consider that. It will cost the City
3 of Ferndale more money to service that area. Much of the Belfern area isn't
4 developed to City standards. If it becomes part of the City, the City will have to
5 take on that burden. The big issue is what to do when those wells fail. If they
6 don't do something today, there will be a crisis in the future.
7
8 Weimer stated he is not talking so much about north Bellingham, but how big
9 Ferndale will need to expand. With this swap, they still need the 20 -year build -out.
10 As long as build out is four or five houses per acre, the City will need more land
11 than the County thinks the City needs.
12
13 Hanson stated GMA is suggested, not required.
14
15 Caskey - Schreiber stated the point of GMA is that it's fiscally better for
16 communities to serve dense urban areas. If the City uses expansion and land
17 wisely, it will not need to expand into difficult service areas. It will not need to
18 wrestle with the County Council. She doesn't understand why they are so opposed
19 to a higher density. This is a trend in America. They must have a higher density to
20 preserve what they value. People are willing to do that. They are consuming land
21 at three times the county's population growth. The UGAs will begin to bump into
22 each other until they change their habits. They are supposed to stop that.
23
24 Greg Young, Ferndale City Administrator, stated one issue is identifying how
25 dense they can reasonably go. The City believes that four units per acre is a
26 responsible urban level of development. It would make better fiscal sense for the
27 City to expand its existing infrastructure to the east than to put in new
28 infrastructure to the west. They will end up with urban expansion of services to the
29 west, and there will still be water and sewer lines on the east side. They will end
30 up with expansion of services to the west, and the existing urban, but underused,
31 infrastructure to the east.
32
33 Caskey- Schreiber stated she is not opposed to expanding to the east. When
34 the City absorbs new areas, try to make densities six to eight units per acre, or else
35 they will constantly need to expand.
36
37 Landcastle stated so much of the area to the east is one -acre, three -acre,
38 and five -acre parcels.
39
40 Caskey - Schreiber stated they can still zone at a higher density and allow for
41 infill.
42
43 Steve Oliver, Ferndale City Council, stated they will never get a density of six
44 to eight units per acre to that area.
45
46 Landcastle stated people don't have to sell their one -, three -, and five -acre
47 parcels.
48
49 Caskey- Schreiber stated people will sell if there is a market demand.
Planning and Development Committee, 7/11/2006, Page 4
1
2 Landcastle stated that raises the price of them to something higher than they
3 are now. That raises an issue of affordability.
4
5 Crawford stated the differences in interpretation of the GMA are coming
6 through clearly. He disagrees with Councilmember Caskey - Schreiber. The GMA
7 does not provide that they must increase densities in cities. The GMA is to stop
8 unplanned sprawling development. The GMA does not dictate how communities will
9 develop. Local community preferences will take place. The zoning code allows for
10 planned unit developments. One can go out in the middle of the county in rural
11 areas and, with proper infrastructure, develop a whole new community. That does
12 not mean they must densify in Ferndale and Bellingham. There are many flexible
13 tools available. He's very much on Ferndale's side on this issue. It's inappropriate
14 for the County to decide the City's density. The city's patterns of development are
15 appropriate. Trying to achieve those densities is difficult. The City could possibly
16 go to all apartments and achieve those densities, but that's not what the people or
17 the City want. It won't make for a better, more livable Whatcom County.
18
19 He likes the idea of the swap. He asked why the City won't take the entire
20 section between Smith Road and Axton Road. He asked why those folks wouldn't
21 want to be in the city. The taxes would be lower, and the levels of service would be
22 higher. He asked why the City would not commit to that entire section.
23
24 Brenner stated a number of places in that area have water associations that
25 have already spent a fortune upgrading to State law. Many places in that area
26 have excellent water. A huge area in there has sandy loam soil. They allowed
27 areas north of Bellingham to go into a UGA, but the people do not want to be a part
28 of Bellingham. That area could be in a UGA, but many residents wouldn't want to
29 be part of Ferndale. Also, no one else will say they want to go west of Ferndale and
30 be part of some other city. In the end, if the eastern area is put into the UGA, it
31 won't assure that the west area won't get developed. Sometimes they have to
32 make changes, but there are long -term commitments to urbanization west of
33 Ferndale. There are school commitments. There is only one elementary school to
34 the east. Most of the schools are to the west. Other jurisdictions and property
35 owners have commitments about growth going that way.
36
37 Fleetwood asked if it would make better sense to consider maintaining the
38 west side, which is presently characterized by rural character. Look at the east
39 side, characterized now as more urban. If there is an opportunity to shave land
40 from the west UGA, which is rural, for land to the east, which seems more urban, it
41 makes sense.
42
43 Brenner stated there is not much room for infill to the east. The west has
44 been designated for growth for 20 years. All the plans with other districts were
45 made to grow west.
46
47 Oliver stated a larger policy issue for the County is that the City of Ferndale,
48 City of Bellingham, and County aren't cooperatively discussing the future of that
49 area east of Ferndale. Ferndale has waited for years for the County planning staff
Planning and Development Committee, 7/11/2005, Page 5
1 to get beyond issues with the City to address Ferndale planning issues. They need
2 to look at geographic areas where cities will begin to meet. In areas like that, all
3 the parties must be at the same table. Now, discussions are fractured. That does
4 not lead to cooperation and coordination among anyone. There is a better way the
5 County can look at these areas.
6
7 Caskey- Schreiber stated she agrees, but it's very difficult to get everyone to
8 the table.
9
10 Crawford stated it's a matter of motivation.
11
12 Oliver stated he doesn't have a problem with drawing a hard line around the
13 city if the City is given the control to decide how to fit everyone in. The City would
14 know it has to live with those consequences, knowing that is all the land it will get.
15
16 Black stated one problem is the fact that there isn't any significant history
17 with GMA. The GMA is only ten years old. No one knows if what was put in place
18 will work and achieve the goals. Given that circumstance, the County doesn't know
19 more than the cities. When lines are drawn that aren't based on research and
20 analysis, such as the density of six and eight acres, the County tries to impose
21 more strict lines and numbers that have no basis in research or analysis. The City
22 is just as capable of determining those things over time.
23
24 (Clerk's Note: End of tape one, side A. The following portion of the minutes
25 is taken from the clerk's notes.)
26
27 Black continued to state that no one really knows if a density of six to eight
28 units per acre will achieve anything. The Ferndale citizens want lots of varying size.
29 The City won't know how that will happen for years. The City and County need to
30 work together on reasonable assumptions.
31
32 Fleetwood stated what they can do is analyze a growth trend. That's an
33 accurate prediction based on long -term visioning that the Ferndale City Council
34 believes they should be doing. He asked if they have a problem knowing that the
35 entire county would be urbanized at some point in the future.
36
37 Black stated they should constrain growth to the UGA. He is against a hard
38 line based on an unreasonable analysis. Their UGA boundary is a perfect example.
39 The current boundary far exceeds need for 20 years of growth. Cutting it back to a
40 20 -year limit makes no sense, because growth will still happen.
41
42 (Clerk's Note: Beginning of tape one, side B.)
43
44 Caskey- Schreiber stated they don't know how the GMA will play out in the
45 long -term. They do have examples to the south, and know its not wise to use
46 expansion land at a lower density. Use it as the highest density possible so they
47 don't have to continually expand the boundaries. In Whatcom County, they are
48 trying to keep some rural character and the things that people value. If they keep
49 the low density sprawl of a density of three to four units per acre, they will have
Planning and Development Committee, 7/11/2006, Page 6
I major traffic problems and problems with jurisdictional boundaries. A density of six
2 to eight units per acre may not be a scientific formula, but it is reasonable.
3 Anything less is a waste of land. She doesn't mind working on the switch. She's
4 pleased to hear that the City will build up the downtown area. However, she will
5 never support continual expansion at a lower density. They know better, as shown
6 from examples to the south. It's nice to live on a half -acre lot, but it's a waste of
7 land.
8
9 Hanson stated schools are not planned around what the City is doing. The
10 school district boundaries are different. Schools have to be built where there are
11 City services. Schools build where the populations grow. When the elementary
12 school to the west is built, it will already be full. There have been proposals for
13 new elementary schools at north Bellingham. The reason there is no school there
14 now is because no additional development can occur because there are no services.
15
16 The Belfern Water Association has had trouble for many years with nitrates.
17 There may be some water associations in that area that don't have troubles yet.
18 There are water associations in the Church Road area that are in the city limits.
19 The City is servicing the associations with sewer. The water associations are
20 servicing the homes with wells. Water service and sewer service don't have to be
21 provided together.
22
23 Landcastle stated the longer they wait to do this, the more likely they will
24 end up with a major health problem. Aquifer pollution happens all over the state.
25 When something new is built in an area with septic systems, the damage occurs to
26 the aquifer. The only way to provide water service is from the municipality, which
27 has a means to process that water and make it pure. Their water comes from the
28 river. It has never failed to meet health department standards, Many water
29 associations and wells in the north Bellingham area exceed allowed pollutant levels.
30 Belfern has published health notices for pregnant women to not drink the water
31 from that water association because of high levels of pollutants in those wells. The
32 City of Ferndale purchased property in the Belfern area some years ago for a water
33 storage facility. Until the City sees an adequate need for water out there, that
34 piece of ground will go wanting. There is no reason to spend a $1 million for
35 storage when the City can provide service from an existing pipeline. The County
36 cannot get fire flow from that existing system for a new county building.
37
38 Not everyone wants to build or live in dense developments. Many people
39 want larger lots. To get those, they have to go outside the UGA. Those are market
40 conditions. The government is not going to control market conditions. It will only
41 negatively impact them by decreasing the parcels that are affordable.
42
43 Brenner stated there is some bad water and some good water. There is
44 treatment for some of the bad water. One association did a lot of upgrades and
45 now meets State standards. There are people who want the bigger lots, but there
46 is a finite number of those lots. No more are being zoned. They are supposed to
47 talk about the cities densifying. The State said the County must provide a variety
48 of densities. There aren't many one-- and two -acre densities in the county
49 anymore. After that, more people will move out to get those lots.
Planning and Development Committee, 7/11/2006, Page 7
1
2 Oliver stated their UGA has already been hacked to pieces.
3
4 Black stated there is application now for a short-plat in the UGA for two lots
5 that are 1.5 acres and three acres in size, with one larger parcel.
6
7 Brenner stated there is a finite amount of zoning. The lots may be created
8 now, but the land is already zoned.
9
10 Crawford stated there are 200 short plat applications at the County Planning
11 Department now that are just sitting there. He asked the number of lots
12 countywide that are not yet subdivided. People do want to live in UGA's and close
13 to services. The GMA addresses housing supply, but not demand. The demand will
14 be affected when they create buildability in places where people want to be. Until
15 then, zoning practices have had the opposite effect. Planning in Whatcom County
16 has been a failure. Development has spread out. Moratoria or downzones are not
17 the answer. Do this right by allowing the City to determine density based on what
18 the community wants to see. In exchange, they can look at the 30- to 40 -year
19 supply and remove a section of it.
20
21 Brenner stated she's only talking about one- and two -acre zones in the
22 county. There are few areas with that zoning.
23
24 Crawford stated people can cluster and create one- and two -acre lots.
25
26 Weimer stated they need to look at the entire city density instead of plat -by-
27 plat. He's never seen that information. See if the city density is trending toward
28 more density. He doesn't know how to track that. He doesn't know how to do that,
29 and at the same time protect the rural lands.
30
31 McShane stated he is comfortable with any plat if he knew the City is
32 committed to an overall density plan. In the long -term, it's better for
33 neighborhoods as well. He hears that the City of Ferndale wants to maintain some
34 large lots neighborhoods because that is the character of Ferndale. Bellingham has
35 similar areas. Sometimes, the land determines the density. He would like to see
36 from every city that they take the overall approach, create a spectrum of density,
37 and make up a higher density. Create a spectrum. He is well -aware of the need
38 for variety. There is a market demand for small lots. The challenge for Ferndale is
39 to change their thinking. There are plenty of highly dense neighborhoods all over
40 the Puget Sound. However, Whatcom County is special because there is still a lot
41 of open spaces to go visit. The same is with Ferndale. Those open spaces don't
42 exist in other places. The county is trying to maintain what people both inside and
43 outside of the city value. That can be accomplished, but the city councils must
44 tweak the neighborhoods.
45
46 Black stated he agreed to look at the City trend toward densification. They
47 must agree on how to assess densification, and then set up a system for a periodic
48 report card. There should be an agreed upon method.
49
Planning and Development Committee, 7/11/2006, Page 8
1 Brenner stated she agrees. It sounds great to put areas in the UGA. The
2 County did that with Ferndale. When a huge area to the east got annexed, the
3 zoning was changed from light industrial to commercial. That decision never came
4 to her. The County doesn't have a lot of control once areas are annexed. There's
5 not that kind of relationship. It's fine to say how they would work it out, after the
6 fact, but that doesn't always happen.
7
8 Fleetwood asked if the City Council is presenting this information today as a
9 preview for a Comprehensive Plan amendment that may come forward.
10
11 Landcastle stated it is.
12
13 Fleetwood asked about annexation.
14
15 Landcastle stated there are a few areas within the short-term planning areas.
16 Some of them will come forward within the next six months or year. There has
17 been interest expressed in using those growth areas. The areas are some of the
18 adjacent areas that are to the north and are east along Enterprise Road going
19 toward Grandview Road, to the industrial area adjacent to Interstate 5. Those are
20 potential expansion areas for commercial and industrial lands. They have some
21 interest in those kinds of larger lands, which are not available now. That area
22 would compensate the city's need for growth in commercial and industrial lands.
23
24 Young stated consider looking at the short-term and long -term planning
25 areas regarding annexation. He understands the philosophy, but growth tends to
26 not follow their belief of where it should go. Now, the need to go from a long -term
27 to short-term planning area seems like an artificial impediment to annexation. He
28 hasn't seen any benefit derived from short-term and long -term planning areas.
29 Just because the area goes from a long -term to a short -term planning area doesn't
30 change the nature of the area. The market forces dictate where the city grows, but
31 not in a linear fashion. There are development pressures in long -term planning
32 areas. It places an unnecessary hurdle for developers. The City can show it can
33 provide services to long -term planning areas as well as short-term planning areas.
34 From a long -term planning perspective, the City must consider expansion plans.
35 However, cities don't expand in a linear fashion. It is only an academic exercise
36 that hinders annexation. Be more flexible.
37
38 Crawford stated the original Comprehensive Plan did not have short- and
39 long -term planning areas. It was a compromise as a result of a challenge to the
40 Hearings Board, which decided that the UGA's were too big. The solution was to
41 create the short- and long -term planning areas. He has no problem being flexible
42 on those areas if the City Council is going to provide services in a particular area.
43 However, they can't just get rid of the designations. It was a settlement to satisfy
44 the courts.
45
46 Young stated the City is dedicated, with funding, to long -term planning. They will
47 engage the citizens and plan the UGA. That product will be the basis for the
48 flexibility with its long -term and short-term planning areas. The City will have a
Planning and Development Committee, 7/11/2006, Page 9
1 vision for the entire UGA. They take growth seriously, and the City will do what it
2 can to grow logically.
3
4 Fleetwood asked if the City is going to embark upon a formal planning
5 process.
6
7 Young stated it is. The City has hired a planner for the technical update of its
8 comprehensive plan and for the Ferndale 20/20 subarea plan process. The City
9 Council dedicated long -term monies to this process. They will plan the entire UGA
10 over the next one to three years.
11
12 McShane stated the County dealt with long- term /short -term planning areas
13 in Birch Bay.
14
15 Hanson stated the City of Ferndale has 60 percent of its UGA in the long -
16 term planning area. The average of other cities is ten percent.
17
18 Black stated Ferndale is about 50/50. If the hard line is a simple mapping
19 convenience with no analysis, the line should be based on analysis.
20
21 Young stated have the short-term planning area be a area that moves as the
22 city limits move. The short-term planning area should lead the city limits.
23
24 Landcastle stated the short-term planning area could lead the city limits,
25 without just putting it all into the city limits all at once. That could happen with
26 smaller cities if a large developer decides to build something out at once. It could
27 be huge.
28
29 Black stated the size of the UGA is huge. The City's maps of the UGA were
30 different than the County's. There was a dispute between the City and County
31 about the area that would be included. The entire area to the northwest was added
32 by the County. The City did not propose to include it. The County added it to make
33 the City responsible for maintenance on Vista Drive. That is not a good reason to
34 add that much area. It is a huge increase in the residential land supply, more than
35 they need.
36
37 Landcastle stated one reason that large piece of land was added was because
38 it was taken away from an area to the east of the city limits.
39
40 Crawford stated the Planning Commission was trying to come up with ways
41 for the City to have some continuity.
42
43 Hal Hart, Planning and Development Services Director, stated the history is
44 important, but they have to focus on figuring out a joint planning process. Let the
45 land tell the story better than last time. Much of the UGA is going off in one
46 direction. They may need to look at that and how it has been broken up. The lot
47 pattern has changed in a way that precludes easy annexation and infill going to the
48 west. Do joint transportation planning this time. The County staff now has that
49 ability. Think regionally as they move forward. He's very concerned that
Planning and Development Committee, 7/11/2006, Page 10
1 Bellingham wants to add 2,000 acres, and a big part is industrial land. The
2 industrial and commercial part of the county is focusing on this core. Study that
3 area. Let the cities of Bellingham and Ferndale participate with the County to look
4 at where the commercial and industrial areas of the County will be.
5
6 Last, as with the City of Bellingham, he proposes more monitoring. Look at
7 the Cities of Bellingham and Ferndale together. Think regionally. Think about the
8 environment in the same way. Be realistic. It will be very difficult to redevelop
9 salmon recovery areas if they are expanding into those areas.
10
11 Crawford asked the City's current status for the application for the mega
12 mall.
13
14 Landcastle stated they are looking for consultants for the environmental
15 impact statement (EIS). The application is still active.
16
17 Black stated an EIS will be prepared.
18
19 (Clerk's Note: The Committee Cook a break at 4:45 p.m.)
20
21
22 COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
23
24 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
25 ORDINANCE, SPECIFICALLY ADDING ON -FARM PROCESSING TO CHAPTER
26 20.100 - ACCESSORY USES, 20.40.138 - ADMINISTRATIVE USES, DELETING
27 20.40.158 ADDING AGRICULTURAL PROCESSING DEFINITION TO CHAPTER
28 20.97 - DEFINITIONS AND ADDING LOT COVERAGE RESTRICTION -
29 CHAPTER 20.40.450 (AB2006 -282)
30
31 Kraig Olason, Planning Division, stated this is the staff's attempt to make on-
32 farm processing more possible in Whatcom County. Conditional use permits
33 (CUP's) have been required on berry farms that have freezer plants. Conditional
34 use permits always get approved. The question is why they need conditional use
35 permits in the first place. The ordinance is also related to things like dairies or any
36 number of things that are value -added processing.
37
38 A question is what is and what isn't on -farm processing. The Agricultural
39 Advisory Committee and staff put together a definition. In the past, something was
40 considered commercial if sold. The CUP becomes a problem with processing time.
41 There is also an issue with setbacks and other things. The Hearings Board stated
42 the County can't include limitations and restrictions on agricultural operations
43 within designated agricultural zones to mitigate neighborhood issues. There are
44 seven or eight CUP criteria. All but two deal with neighborhood impacts.
45
46 The code includes detail about reviewing the criteria. Only look at a couple
47 of the criteria during administrative approval. In the agricultural zone, processing
48 is considered accessory to the primary use. A size limit allows a facility for land
49 use. The use is not exempt from any other regulation. He read the definition.
Planning and Development Committee, 7/11/2006, Page 11
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2 (Clerk's Note: End of tape one, side B. The following portion of the minutes
3 is taken from the clerk's notes.)
4
5 Olason continued to state that the facility must employ no more than 20
6 permanent employees. During processing and seasonal work, it can employ more
7 people. If it goes over that threshold, then there must be an administrative review
8 to allow neighbors an appeal option. They wouldn't have to have an initial hearing.
9 Both sections exclude slaughterhouses, which generally aren't considered on -farm
10 processing. The ordinance also calls out mushroom substrate facilities.
11
12 They added lot coverage. Agriculture is the only zone that didn't have a jot
13 coverage limitation. It was an issue with greenhouses. It is addressed in terms of
14 newly proposed facilities.
15
16 The ordinance came through with unanimous approval of the Planning
17 Commission. With Agricultural Advisory Committee assistance, staff worked on a
18 similar code for the rural zone. However, it was left out of this proposal. The
19 Council may get calls for including it. If the Council includes the rural zone, it has
20 two options. One is to hold another public hearing to add the language (on file) or
21 the Council can remand the ordinance back to the Planning Commission. He will
22 take it to the Agricultural Advisory Committee tomorrow night. This could be in the
23 packet for a hearing on the 25th. Rather than being outright permitted because it is
24 rural, limit the square footage under item four. Limit the number of permitted
25 employees.
26
27 McShane stated the Council could recommend having a public hearing with
28 this added, pending approval of the Agricultural Advisory Committee.
29
30 Fleetwood stated the committee would table this item, and the Council will
31 have a public hearing in August.
32
33 Caskey- Schreiber stated she is in favor of this ordinance. The farmers
34 market is booming.
35
36 McShane stated it would slow down the number of calls that occur in the
37 rural zone. Olason stated it would be good for people who are trying to get
38 financing.
39
40 (Clerk's /Vote: Beginning of tape two, side A.)
41
42 Olason continued to state that they submitted some letters about whether
43 that was really timely. They changed a lot of land designations in Nooksack. It
44 could be ten or 15 years out before they would consider it again. The question is
45 what they are going to do in the meantime.
46
47 Fleetwood stated the committee will hold this item in committee for two
48 weeks to give the Agricultural Advisory Committee time to look at it. The Council
49 will introduce it in two weeks, with a public hearing in August.
Planning and Development Committee, 7/11/2006, Page 12
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:10 p.m.
Jill Nixon, Minutes Transc iption
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A.�' J,•��N HATS
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'Dana n.Day
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
AFIeet400d, 4Committee Chair
Planning and Development Committee, 711112006, Page 13