HomeMy WebLinkAboutPlanning September 12 2006WHATCOM COUNTY COUNCIL
Planning and Development Committee
September 12, 2006
Committee Member Dan McShane called the meeting to order at 3:08 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner Seth Fleetwood
Also Present:
Carl Weimer
Laurie Caskey- Schreiber
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. CONSIDERATION OF THE HEARING EXAMINER'S RECOMMENDED APPROVAL
OF A PROPOSED BINDING SITE PLAN, PLANNED UNIT DEVELOPMENT, AND
A SITE SPECIFIC REZONE FOR HORIZONS VILLAGE AT SEMIAHMOO FILED
BY BIRCH POINT VILLAGE, LLC (AB2006 -286)
Doug Robertson, attorney, stated before the Council is a recommendation from the
Hearing Examiner on the project permits. Also before the Council is an appeal to the
Hearing Examiner of the State Environmental Protection Act (SEPA) determination. It was
sent over to give time for the appellate record to be formed and given to the Council, so the
appeal could be heard the same time as the project review. The project permits will be
heard by this committee, the SEPA appeal goes to the Committee of the Whole tonight.
Brenner stated the Council is going to have a discussion on this at the Committee of
the Whole meeting. She has some questions.
McShane stated they can't discuss the SEPA appeal issue at all right now.
Jon Sitkin, attorney, stated the dilemma is that the approval criteria are connected
with the SEPA issue. They can't extricate them. He explained the process that has
occurred up to now.
Brenner asked what the recommendation from the committee is supposed to be.
McShane stated the committee can approve, remand back to the Hearing Examiner,
or take no action.
Brenner stated she's not sure which questions are for executive session and which
aren't. Robertson stated this committee will make a recommendation to the Council on the
binding site plan and planned unit development (PUD), which are the project permits. They
can now discuss any issue with the underlying conditions related to the development
permits. The Council will discuss in executive session what is on the record for the SEPA
determination by the Hearing Examiner.
Planning and Development Committee, 9/12/2006, Page i
Sitkin stated the committee isn't obligated to make a recommendation. The
committee can't operate without leadership from staff and County legal counsel. Seek that
leadership before getting into this.
Brenner stated staff should be here to answer questions. The County doesn't have a
concurrency ordinance, but one is mentioned in the documents.
Martin Blackman, Planning and Development Services Department, stated the
County has a concurrency ordinance, but it is very simple.
Sitkin stated the concurrency ordinance is in Whatcom County Code 20.80.212.
Blackman stated it is very cursory. It has been the source of many problems in
determining what service provision means.
(Clerk's Note; The Council took a fifteen- minute break at 3:17 p.m.)
McShane stated these issues are confusing to handle. It is a unique situation. They
have an appeal of the SEPA determination that the Council will consider at executive session
this evening. The Council will vote on the SEPA determination appeal at the beginning of
the Council meeting. If the Hearing Examiner decision is upheld, the Council would have a
presentation later regarding the presentations this committee would have received at this
meeting. The concern is that the councilmembers would hear things during this
conversation that would prejudice their opinions before the executive session tonight.
2. ORDINANCE ADOPTING A SHORT
DESIGNATION IN THE BIRCH
SEMIAHMOO (AB2006 -286A)
This item was not discussed.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:37 p.m.
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TERM PLANNING AND ZONING OVERLAY
BAY UGA FOR HORIZONS VILLAGE AT
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Acting Committee Chair
Planning and Development Committee, 9/12/2006, Page 2