HomeMy WebLinkAboutPlanning May 4 20041
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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
May 4, 2004
Committee Chair Seth Fleetwood called the meeting to order at 3:00 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Also Present:
Sharon Roy
Dan McShane
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE ADOPTING THE BIRCH BAY COMMUNITY PLAN (AB2004-
121)
Fleetwood stated there would be no final action by the Council at this
evening's meeting. There is a desire to discuss process. He asked what they need
to do to bring this forward for final consideration.
Sylvia Goodwin, Planning Division Manager, stated Mr. Hart would present a
Power Point presentation on designating urban growth areas (on file).
Hal Hart, Planning and Development Services Director, stated this
presentation is in the context of Birch Bay, but applies to the other urban growth
areas (UGA) also. He would address what happened in the 1997 Comprehensive
Plan that makes Birch Bay a little different. He read from the presentation. Each
urban growth area is different. They are assigning the urban growth areas around
the county. The Birch Bay Subarea Plan is a subsection of the Comprehensive Plan.
The County had a lot of discretion in 1997 as it adopted the Comprehensive Plan.
Brenner stated there have been accusations that the County is in violation of
the Growth Management Act (GMA). She asked for information during the
presentation on whether the County is in or out of compliance. Hart stated he
would provide that information. He completed the presentation.
Goodwin explained the process for determining the urban growth boundary
for Birch Bay during this planning process. They took the base map for Birch Bay
and used geographic information system (GIS) analysis to update the use of all the
parcels. There is a lot of vacant land in Birch Bay. In the future, certain
recreational vehicle (RV) parks could convert to multi - family housing.
Planning and Development Committee, 5/4/2004, 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 asked the portion of under - developed lands that is wetlands.
Goodwin stated about 35 percent is wetlands.
All of Birch Point is zoned urban residential, four units per acre (UR -4). Birch
Bay Village and areas around the bay are zoned urban residential medium density,
six units per acre (URM -6) and resort commercial. The outlying areas are zoned
UR -4 or URM -6. The southern part of the planning area around Grandview and
Kickerville are both zoned rural, one unit per five acres (R5A).
They added an overlay of all the wetlands and stream corridors in Birch Bay.
Those areas are significant. For the planning process, staff worked with the State
Department of Ecology (DOE) to do detailed mapping of the wetlands. She hopes
to get those maps in the GIS format soon. They are losing about 35 percent of the
UGA to wetlands and buffers. The County has received several comment letters
from various citizens about just removing the wetlands and critical areas from the
urban growth area. Looking at this map and where they are, she doesn't see how
they can take them out of the UGA without leaving a number of big holes in the
UGA. The wetlands are located all throughout the UGA. Because of the stream
corridors, they all go in the direction of the bay. A portion of the UGA along Lincoln
Road flows toward Drayton Harbor. The rest flows toward Birch Bay or the straits.
The County's consultant, Mark Kask, and others looked at air photos and
went through the neighborhood to develop a detailed analysis of future capacity.
She provided a summary of the land use statistics. Early on, the community did a
population projection estimate. The initial estimate for Birch Bay was 11,500
residents in the year 2020. The current population was around 4,485 in the year
2000. The Birch Bay census includes areas into Drayton Harbor and is much larger
than the Birch Bay study area. Ultimately, the County Council adopted a population
projection of 9,619. They've also had debate on the number of housing units that
exist. In the year 2000 census there were 5,105 in the Birch Bay designated place.
The consultant projected 4,799 in the Birch Bay planning area.
There was also debate when the Birch Point area was proposed to be in the
planning area. BP was opposed to including land in the residential supply that was
near the BP plant. It hired a consultant that concluded it's impossible to calculate
the number of housing units in Birch Bay. There are many types of housing units,
and the number changes weekly. There is no exact science to calculate it. They
have a good idea of the permanent population, but not the seasonal units, which is
about 51 percent of the total population. There have been many disagreements
about the projection. No one is right or wrong.
Caskey- Schreiber stated she heard there are 6,000 residents now on a
permanent basis. Goodwin stated that's a good estimate.
Caskey- Schreiber stated in the past year they've permitted close to 1,000
residences. Goodwin stated that's about right. When permitted, the County
Planning and Development Committee, 5/4/2004, 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.
doesn't know how many are going to be permanent homes and how many are
secondary, seasonal homes.
Caskey- Schreiber asked if that leads them to believe that 9,000 will be a low
estimate for the next 20 years. However, she asked how they accommodate for
growth in an area that is not self - governing and is not a city. Goodwin stated that
is a tough situation. The steering committee thought that 11,000 was a low
population projection. Birch Bay could grow faster, depending on land supply and
how easy the County makes it to develop in Birch Bay. If it is cheaper to build in
Birch Bay, a lot of people will build and commute to Bellingham.
Regarding housing demand, the initial estimate was .97 people per
household. It would be a better idea to assume there are 2.33 people per
household, which is what the U.S. Census says, and to assume that 50 percent of
the houses will be vacant or seasonally occupied. They forgot to account for seven
percent of the housing supply that is just vacant. There is a need for a total
projected demand in 2022 for about 8,256 housing units. To meet the demand, an
additional 3,457 additional housing units is projected by County staff to meet the
demand. The steering committee projected a number significantly higher than
that.
Caskey- Schreiber asked if the estimate of 3,457 takes into account the
1,000 new permits from this year. Goodwin stated it does not. It was a projection
calculated in 2002.
McShane asked if there is any way of determining if the 50 percent seasonal
occupancy rate is consistent with the houses that have been built in the last couple
of years. He asked if they are still seasonal. Goodwin stated she guessed that
residents are more year- around now, but there are still a lot that are seasonal.
There is a greater percent of year -round residents. The biggest number of units is
from the sand castle project from Gold Star. Those will be seasonal housing units.
There are other seasonal units going in, including units for retirement folks.
Roy stated she lives in a condominium in Birch Bay. It's occupancy is about
50 percent seasonal residents. The part time residents aren't people who just
come for the summer. They're people who come every weekend.
Goodwin spoke on housing demand. According to the numbers, there are
about 3,500 housing needs. There was considerable debate during plan
development about housing demand. The plan breaks it down to short -term and
long -term planning areas. There are 2,518 potential units in the short term
planning area and 2,875 in the long term planning area. If they combine the short
and long term housing, they have more houses than they are projecting. There are
fewer houses that they need in the short term areas, and more houses than they
need in the long term area.
Planning and Development Committee, 5/4/2004, Page 3
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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.
Using a different method of calculation based on the GIS, the total housing
unit capacity of the entire area, including rural and Cherry Point areas, is 5,500,
which is about 15 houses more than what the consultant projected. Between the
two, they're fairly comparable.
Caskey- Schreiber stated there are 6,000 residents now. The short term
supply provides for 2,500 houses. At 2.33 residents per house, they have room for
5,000 more people. They are already exceeding the 9,500 recommended
population without going into the long -term area. Goodwin stated that's correct,
except the 1,000 houses just built are from the 2,500 capacity. Goodwin stated
they have to calculate for vacant, seasonal houses in resort commercial zone.
Caskey- Schreiber stated there are 6,000 people, which is bigger than most
of the small towns in the county. She asked why they keep trying to accommodate
for growth to 11,000 before forcing it to incorporate or annex. Goodwin stated it's
difficult for a county to force an area to incorporate. She asked what's better for
the County than a seasonal resident who pays taxes, doesn't use water, doesn't
send kids to school, and doesn't demand services.
Caskey- Schreiber asked how they can ensure it's seasonal housing and not
permanent housing. Goodwin stated they can't. That's why they have to update
these plans every so often. Right now, the water and sewer plan are based on
what those houses are using.
McShane stated Paradise Valley was planned to be 90 percent seasonal, but
it didn't work out that way. He asked if the calculations carry through with
infrastructure. Goodwin stated they do.
McShane asked what happens if they're wrong about the percent of seasonal
residents. Goodwin stated the biggest impact is on water and sewer capacity and
on traffic. Now, the water demand is based on peak summer demand when
everyone is there. There is excess capacity during the weekdays and in the winter.
The water shortages occur during peak demand, which is what the water district is
planning for. The school district is looking at trends and a high growth rate. This
plan provides for a school. Traffic plans provide for people being in these houses.
McShane stated the Blaine School District has one elementary school, middle
school, and high school. They won't have the ability to shift student populations if
one school becomes overloaded. Look to the schools for information on trends.
Roy stated the school districts looked at the number of students in Birch Bay
who are going to Blaine schools. It's over half the student population. The school
district is looking at sites for a school in Birch Bay, but it isn't going public with the
information. The school district is aware of the population of students from Birch
Bay, but isn't interested in impact fees.
Planning and Development Committee, 5/4/2004, Page 4
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.
1 McShane stated they could go to the school district for information on
2 occupancy trends over time, not necessarily for trends related to student
3 populations.
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5 (Clerk's Note: End of tape one, side A.)
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7 Roy asked how to adjust the population numbers. More and more people are
8 retiring in Birch Bay. She asked how they make adjustments when they see a
9 trend changing. Goodwin stated they'll have a good idea in six years when the
10 2010 census comes out. They'll have an idea by the types of building permits that
11 are applied for. They have to do adaptive management as they see the trends
12 change. Adjust the assumptions and keep in touch with the school district and
13 water and sewer district. She guesses that by 2010, Birch Bay may be
14 incorporated, but they don't know that for sure. Birch Bay requires a higher level
15 of planning than in any other area of the county just because of the demands out
16 there. If they continue this plan, they will need a County planner just for Birch Bay
17 just to implement and update the plan.
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19 Roy stated the Birch Bay Water and Sewer District had a strong opinion that
20 the initial population projections were too high. She asked if the district had data
21 on full -time versus part -time residents. Goodwin stated the district had data on
22 water usage. All of the district's comments are incorporated into the plan, and the
23 district is now satisfied with the plan.
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25 Caskey- Schreiber stated the County is backed into a corner where Birch Bay
26 really needs urban levels of service because of its size. However, the County gets a
27 very small percentage of the property tax collected. Revise this plan to steer Birch
28 Bay toward incorporation or annexation with Blaine. Goodwin stated that as long
29 as its growing, the County will receive substantial revenue from building permits
30 and sales tax from all those new houses. As long as it's growing, subdivision fees
31 help pay for the growth. When the area stops growing, and long -term maintenance
32 begins, is when the County loses. At this time, the job base, commercial base, and
33 industrial base aren't there to support a city. The residential base is there. Offices
34 and commercial areas aren't there yet.
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36 She has concerns, not about the numbers, but about the methodology for
37 calculating the numbers in the plan. Write stronger findings about the land supply
38 and the seasonal nature of the plan. There's a good possibility this plan will be
39 appealed, whichever way then Council decides. If appealed, she wants to make
40 sure there are strong findings in the plan.
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42 Hart stated one issue is tracking. There are adopted standalone UGA
43 examples from other counties, which track demand to make sure they're meeting
44 demand and protecting the environment. It's important for special districts to
45 coordinate. As they collect that information, coordinate for this urbanizing area.
46
Planning and Development Committee, 5/4/2004, Page 5
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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 medical services for retired people in remote areas is more
difficult. Hart stated the resort operators have been after him for information on
putting in a pharmacy at the resort. Other tracking mechanisms range from
electrical use to post office boxes. Keep an eye on anything that provides a service
to homes.
Goodwin stated the Birch Bay Steering Committee had a meeting to discuss
the proposed reductions to the UGA. They looked at four options, which are
outlined in her memo in the Council packet. The steering committee went with the
option to keep the UGA as it is currently proposed. She wrote three policies to deal
with encouraging infill where there are services. She read the policies from the
memo in the Council packet. Also, increase the shoreline setback to 150 feet along
the feeder bluffs until the critical areas ordinance is adopted later this year.
Lincoln Rudder, 8373 Semiahmoo Drive, submitted information into the
record (on file). The map used in the plan is faulty. The 20 -year planning period
and UGA can accommodate only 4,000 new people. Many new housing units have
already been approved. The Council should reduce the size of the UGA and protect
the aquifer. He submitted an aerial photo that indicates the size of 760 homes in
Birch Bay Village in relation to the size of the entire proposed UGA. There is plenty
of UGA land that is rural in character that would accommodate the required number
of homes. They can create a rural area to separate Blaine from Birch Bay, which is
required by GMA.
Keith Scarman, Birch Point, stated he has lived there for five years. He
supports the resolution to remove Birch Point from the urban growth area.
Geologists tell them the high banks are prone to erosion. Zoning of four homes per
acre and continued development will contribute to greater erosion. The soils at
Birch Point have underground streambeds. Increased development will mean an
increase in stormwater runoff in addition to the groundwater issue. There will be
increased pollution of Birch Bay, Boundary Bay, and Puget Sound. The kind of
zoning called for by the steering committee will create pollution because of
inadequate provisions for stormwater runoff. Another issue is wildlife impacts.
There are negative impacts upon wildlife, including fewer deer and displacement of
numerous animals. Zone the area rural, one unit per five acres.
Patty Rudder, 8373 Semiahmoo Drive, submitted (on file) and read from a
summary of events and community concerns. Take the Lincoln Road and Birch
Point areas out of the UGA.
Jo Slivinski, 6163 Semiahmoo Lane, submitted (on file) and read from her
memo to the County Council dated May 4, 2004. Support the proposed
amendment to remove Birch Point from the UGA.
John Sand, 4191 Loomis Trail Road, stated he represents the area bound by
I -5, Birch Bay - Lynden Road, Blaine Road, and Loomis Trail Road. They are
impacted by the plan, but they weren't asked to be a member of the steering
Planning and Development Committee, 5/4/2004, Page 6
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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.
committee. His group has attended steering committee meetings, was told that the
steering committee would remove language from the plan about the possible
northern east -west arterial road. However, the language is still in the plan.
Remove it.
Dave Determan, Point Whitehorn, stated sewer came to Point Whitehorn 25
years ago. Groundwater was eliminated because of the storm sewer. The reason
for the problems that have come up in the last 35 years he's lived there have come
from people, including developers. The last four major slides have been manmade.
Ten new homes in Birch Point are being built right along the clay bank. A new
development is coming to the Point Whitehorn area now that looks like a nice
planned unit development that is being done properly. There needs to be a proper
development rather than spot development. They need a planned unit
development with controls. Engineering needs to be addressed.
John Syre, 2202 Teal Court, stated he is a member of the steering
committee. He is also an employee of the Trillium Corporation, which has owned
property at Birch Point for many years. Trillium owns 455 acres of the land
proposed for downzone. The steering committee discussed many of the options for
downzone. One idea that made a lot of sense is to leave the UGA the way it is.
Listen to the Birch Bay and Blaine concerns. The zoning should accommodate the
concerns and reflects those concerns in the plan. Rural character is an important
concern. As a landowner, he thinks that is a good goal. The Birch Point area has a
lot of very unique features that make it a very desirable place to live. It's a difficult
place to develop because of the critical areas. Take the steering committees
recommendation into consideration. A lot of work was put into the process.
Caskey- Schreiber asked if Trillium would support public access to the beach
off the property at Birch Point. Syre stated he doesn't know. It's a very large piece
of property. There is an extremely high bank at that location. That property is
heavily impacted by wetlands. There are two staircases built into the bank at the
beginning of the resort development with an idea of providing access to the beach
for the community. The staircases are very difficult to maintain and keep safe for
the community. Trillium may be open to allowing public access, but it's difficult
because there's no good way to get down that bluff. He investigated the same
issue with their land at Cherry Point.
Tom Pratum, North Shore Road, North Cascades Audubon Society, stated
there is no more important area than the area from Blaine to Cherry Point. This is
an enormous regional resource. There are no environmental stakeholders
regionally that had input into the steering committee. It is up to the County
Council to take some of these regional resource issues into account, which was the
purpose of removing Birch Point and the area south of Lincoln Road from the UGA.
That is a wise thing to do. Developing land at a density of UR -4 would have
enormous impacts. The Council needs to be cautious. He is concerned about Point
Whitehorn. They might not be able to do anything about it.
Planning and Development Committee, 5/4/2004, Page 7
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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.
(Clerk's Note: End of tape one, side B.)
Pratum stated it might be better if permanent residents lived at Birch Bay
instead of part -time residents. It would reduce impervious surfaces. Be cautious.
Pat Alesse, 4825 Alderson Road, Birch Bay, thanked the committee for its
thoughtful consideration of Birch Bay. Birch Bay will continue to grow. People like
the area. The population growth has been phenomenal. Plan and be careful with
things. The people at Birch Point are probably happy living there, but they're
worried they will lose the environment they live in. Solve the stormwater and
transportation problems. Other people don't want growth in the area, however
five -acre lots are the big drain on taxes and services. They have to plan for
growth.
Carol Sandvig, Birch Bay Drive, submitted and read a statement on behalf of
Morgan Christen and Jim Torgerson (on file), who oppose the downzones at Lincoln
Road.
Sand stated that when transportation plans are implemented, do it in stages.
The problem in Birch Bay is the traffic along the beach. If there is going to be a
diagonal road that takes Birch Bay Village residents off of the beach, do that
instead of the Lincoln Road extension. There is no rush hour traffic coming from
Semiahmoo. Pause between the traffic development.
Ellen Gray, 1,000 Friends of Washington, submitted written information (on
file). There is a case in front of the Hearings Board, Abenroth vs. Skagit County,
that looks at non - municipal urban growth areas. Look at that to see what kind of
documentation the County needs to justify creating and establishing this UGA.
Cathy Berg, 7585 Sterling Avenue, Birch Bay, welcomed the councilmembers
to the real world of planning in Birch Bay. They'll work together to develop a good
plan.
Hart stated four issues have come up in committee discussions on the Birch
Bay Subarea Plan: infrastructure, the transference of governance, environmental
issues in general, and whether the plan reflects both County and local interests. A
question is whether the plan is consistent with the County Comprehensive Plan
overall. One presentation that would be helpful is from the Puget Sound Action
Team. It has many other implications for the County.
Goodwin stated a hearing on June 15 would be a good idea because all the
councilmembers would be present. If they are going to have a discussion, have it
on May 18, even if Councilmember McShane is absent. If the Council waits until
June 1 and makes significant changes, they can't introduce it that night.
Planning and Development Committee, 5/4/2004, Page 8
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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.
Roy suggested having the Puget Sound Action Team presentation in the
Natural Resources Committee on May 18. That leaves the Planning Committee
open to the Birch Bay Subarea Plan issue.
The committee concurred.
Goodwin stated a lot of the low- impact development suggestions from the
presentation would be good for Birch Bay. The presentation shows that they can't
do that with extremely high densities. A lot of low- impact development needs
larger lots and open space. A lot of the concepts are already in the plan, and they
probably won't need to make major changes after they hear the presentation.
Roy stated they can start working now on low impact development principles
and codes of stormwater management, which is different from stormwater systems.
That is very different from anything on the books. Keeping the stormwater on site
in a shellfish growing area is really important.
Fleetwood stated the question is whether or not these sorts of changes might
come forward after having this presentation, and if they're necessary for inclusion
in the plan at this time. Goodwin stated the plan already has some general low
impact development ordinance policies. If they want to consider having policies on
tree retention, land clearing, or making the area a water resource special district,
they would only have to add a sentence or two to the plan. The time consuming
thing is writing the ordinances and getting them adopted. Adding a few sentences
to the plan is easy. Implementation is the hard part.
Fleetwood stated they would have a presentation from the action team in
Natural Resources Committee in two weeks. On the same day, continue the Birch
Bay Subarea Plan work in the Planning Committee. Two weeks after that, there
would be a clean version of the plan for introduction on June 1. They could still do
final consideration on June 15. Goodwin stated that depends on the changes they
make to the plan, such as cutting the size of the urban growth area, which forces
staff to redo all the calculations for land supply and housing. Making policy
revisions is something staff can turn around in a week.
McShane suggested they not worry about the timeframe. It creates too
much pressure that doesn't have to be there. Just make sure they work through
everything. Focus on making a plan that reflects the desires of the community.
One of the things that's driven him is protecting the bay. They need to do a fair bit
of careful work.
Fleetwood agreed. This presentation will be in the Natural Resources
Committee in two weeks, and the Birch Bay discussion may be in this committee in
two weeks.
2. DISCUSSION REGARDING THE SCHEDULING OF A LAND USE TOUR
AND PLANNING EDUCATION PROGRAM (AB2004 -017)
Planning and Development Committee, 5/4/2004, Page 9
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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.
Hal Hart, Planning and Development Services Director, stated they want to
look at areas that integrate low- impact development concepts and protect the
natural environment. They want to look at what other communities have done to
densify areas and make better use of urban lands. The County is now responsible
for permitting growth in the urban growth areas until the area is annexed into the
city. There will be a complex joint permitting process. Options are to travel
individually or as a group, or to present photos instead. Soon the City of
Bellingham will discuss how it's going to accept the lion's share of the growth in the
county. They should all participate in that discussion, which will start in a month or
so. From that discussion, the urban fringe plan will result. It is a precursor to
design issues they will all face. He suggested that there be a joint concept of low -
impact development (LID) practices and a concept of how they are using land in at
least a couple of locations that is more than just a subdivision, but an entire
neighborhood. Within a 50 -mile radius of Whatcom County are several ideal LID's.
Caskey- Schreiber stated they could have the tour on June 22 if they
reschedule the water resources work session to earlier in the day.
Fleetwood agreed. They could start the work session at 9:00 a.m.
The committee concurred.
Hart stated he would put together an itinerary for the tour.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at approximately 5:15 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, 5/4/2004, Page 10
1
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.
Planning and Development Committee, 5/4/2004, Page 11