HomeMy WebLinkAboutPlanning November 22 20051
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Planning and Development Committee
November 22, 2005
Committee Chair Seth Fleetwood called the meeting to order at 3:03 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Dan McShane
Also Present:
None
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, WCC TITLE 20, CHAPTER 20.71 — WATER RESOURCE
PROTECTION OVERLAY DISTRICT AND CHAPTER 20.97 —
DEFINITIONS TO PROVIDE ADDITIONAL REGULATORY PROTECTION
FOR THE LAKE WHATCOM AND LAKE SAMISH WATER RESOURCE
PROTECTION OVERLAY DISTRICTS (AB2005 -425)
Amy Pederson, Planner II, stated this is the same ordinance as the interim
ordinance adopted in August. There are a few minor amendments. Page 217 of
the Council packet has scrivener's amendments. The Planning Commission altered
20.71.603 to change the language to the positive from the negative.
Brenner referenced section 20.71.200. They are increasing the types of
operations that are prohibited, and people are getting worried about it, so the
Council was going to add language that says existing operations shall be vested.
She asked why that language isn't included. Pederson stated that section is framed
like any other zoning chapter that lists prohibited uses. Preexisted and
nonconforming uses are addressed in another chapter in Title 20.
Brenner asked if it would hurt anything to add that wording to this section.
The average citizen will not know to check another section of the code. She
suggested amending 20.71.200, ".200 ...are prohibited, provided that existing
operations shall be vested."
Fleetwood asked if that is already the law. Pederson stated the chapter of
the code that talks about nonconforming uses talks about legal nonconforming uses
and status. It provides an outline of how to establish that status. Make sure the
language is consistent with that chapter.
Planning and Development Committee, 11/22/2005, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner suggested instead referencing that section about nonconforming
uses.
McShane stated he would approve referencing the section, but don't use the
term vest.' It might be inconsistent. Just make a reference to the section. He
suggested, "...except as per Whatcom County Code 20.83."
Fleetwood asked if chapter 20.83 is the only section of the code that has
these exceptions. Pederson stated it is.
Brenner stated she accepted the suggestion and moved to amend
20.71.200, ° ... are prohibited except as per WCC Chapter 20.83." Pederson stated
she recommends referencing the chapter, not just the specific section.
Motion carried unanimously.
Brenner stated this is not a substantive change, just clarification.
Brenner referenced section 20.71.400 regarding building setback buffer
areas. Class I and II roads should have a minimum setback of 20 feet, not 30 feet.
She is the only councilmember who attends the low impact development
workshops, which keep talking about narrow setbacks. There are many roads that
wouldn't require a 30 -foot setback. In certain areas, allow arterials to have 20 -foot
minimums if a developer can provide other methods to allow turnarounds.
McShane stated he was convinced it would not be a good idea, partly
because they are dealing with an already -built environment in the watershed. They
run risks that may not be worth it.
Brenner stated the experts and the low impact development workshops keep
bringing this up, even for places that are more built up than here, such as Bellevue.
The fire marshal needs to go to these workshops. Pederson stated the class I and
II roads are the bigger roads. The Engineering Division expressed concerns about
it, but came up with revised road standards for the watershed that would allow a
developer a narrower road overall. Also, fire departments in Whatcom County use
tanker fire trucks, whereas the cities of Bellevue and Seattle have fire hydrants.
They don't need to transport as much water to get to the emergency.
Brenner stated she's not having a problem with the planners, but with the
engineers at the Public Works Department. It's hard to get them to change how
they do things. The setback is still part of what makes a longer driveway and
where the house is placed. All those things still create more impact to the
environment than the setbacks. At least allow a smaller setback, even though they
may not use it. This allowance is happening in so many areas. It provides
flexibility.
Planning and Development Committee, 11/22/2005, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated that given the layout of specific roads, he's not convinced
that's a good idea yet. When applying something to existing street systems without
having control over the local fire districts, there is too much risk.
Brenner stated that if they allow 20 feet, then 30 feet could still be
developed. This may only affect one or two properties in the watershed, but it's
better than nothing. Staff would have the last word on the setback.
Brenner moved to amend to 20 feet.
Motion failed 1 -2 with Brenner in favor.
Brenner moved to recommend approval to the full Council, as amended.
McShane stated he prefers a footprint limit of 2,000 square feet instead of
2,500 square feet.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:22 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Seth Fleetwood, Committee Chair
Planning and Development Committee, 11/22/2005, Page 3