Loading...
HomeMy WebLinkAboutPlanning September 14 20041 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 September 14, 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) Sylvia Goodwin, Planning Division Manager, stated there are four ordinances to be introduced tonight. She will propose a fifth regarding associated zoning changes. Most of the changes staff made were to the land supply statistics and the description of the urban growth area (UGA) because of the two areas that were removed. Throughout the plan, assumptions changed, which affected density balance. The consultant who prepared the plan set aside 20 percent of the land for development at ten units per acre, and the rest of the land for development at four units per acre. However, most of the land is zoned urban residential, four units per acre (UR -4) or urban residential mixed, six units per acre (URM -6). Staff changed the density established by the zoning, which changed information in the tables. Staff also struck the reference to planned unit developments in tracts larger than 40 acres. There is nothing in the County Code that requires that. Staff made similar corrections to page 8 -20, which they missed earlier. The proposed land use plan map, figure 2 -2 and figure 8 -4, used to indicate residential, single family, low density and medium density. However, in UR -4 and URM -6 zones, townhouses and fourplexes are allowed. In the URM -6 zone, multi- family housing is also allowed. Brenner asked if there is a limit to the amount of multi - family housing that can be developed. Goodwin stated there is not. There are not many fourplexes in Birch Bay right now. They'll still see the market dictate development of mostly single family housing. Planning and Development Committee, 9/14/2004, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. Caskey- Schreiber asked about eliminating the reference to PUD's in 40 -acre tracts, with 40 percent being open space. She thought part of the visioning plan was to put that concept forward, so the Council would work to make the laws that will enforce some of these standards. Goodwin stated the Council could do that. If they assume zoning at UR -4 with 40 percent open space, there will be an artificially low density. Caskey- Schreiber stated she would prefer a density of eight units per acre to make the 40 percent open space more palatable for a PUD. Goodwin stated that if they want to change the PUD ordinance, they can do that. It doesn't have to be done in this plan. The language in the plan doesn't reflect how density is calculated. Caskey- Schreiber agreed there should be incentive for higher densities. Goodwin stated staff is fine with creating incentives for PUD's, but there isn't an action item or recommendation or anything for doing that. It was just listed as an assumption. If they do that, they won't have enough housing units in the plan now that they've taken Birch Point and Point Whitehorn out of the UGA. It would create a shortage of land supply. It's not a valid assumption. Instead, make the assumption that UR -4 and UR -6 zones will develop at those densities, and a PUD would have that density clustered. Fleetwood asked if there is anything in the language that would preclude them from having the right to increase density. Goodwin stated there is not. There are density bonuses for PUDs for doing certain things. There are things they can add to the PUD ordinance to provide more density bonuses. Don't have an assumption in the plan with no associated action item. Caskey- Schreiber asked to talk about eliminating the short- and long -term planning areas. They've eliminated most of the long -term planning areas. Whatever is left should be just like everywhere else. Goodwin stated they can do that if they want. Either amend the references to short- and long -term planning areas in the plan, or change all the long -term areas to short -term on the map. There is some rationale for keeping some areas long -term planning areas. For instance, an area on Lincoln Road must remain a long -term planning area until the property owners came up with plans and developed certain environmental measures. Also, there are undeveloped areas along Blaine Road that don't have utilities. Caskey- Schreiber asked if the steering committee had a preference. Goodwin stated some members of the committee owned land in the long -term planning area that they preferred to be short -term planning areas. Others questioned why they made the changes they made to short -term planning areas. Fleetwood asked if staff has a recommendation. Goodwin stated the concept for short- and long -term planning areas was because the UGA was so big. Planning and Development Committee, 9/14/2004, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. Now that it's smaller, there are fewer reasons for the long -term planning area. In 1997, there was an issue about the Birch Bay Water and Sewer District, which has since been resolved. There was a concern about Point Whitehorn and Birch Point, which have been removed from the short -term planning area. The only areas left are the Lincoln Road area and acreage on the Blaine Road that can't get water and sewer service at this time. Caskey- Schreiber stated she's wary of bumping against Blaine's UGA. Goodwin stated there are criteria in the Comprehensive Plan and Birch Bay Subarea Plan about when to allow a change from long -term to short -term planning area designation. She can agree with either way. To make a change, she will require time to write up the change. Fleetwood moved to amend by approving the provisions in the yellow handout, including the two new maps and the change to page 8 -20. Motion to amend carried unanimously. Caskey - Schreiber moved to recommend the ordinance as amended to be introduced to the full Council. Motion carried unanimously. 2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP REGARDING THE BIRCH BAY URBAN GROWTH AREA (AB2004 -122) Sylvia Goodwin, Planning Division Manager, stated the text changes are to the description of the urban growth area (UGA), the projected population, housing, the new Birch Bay Community Plan reference, and water and sewer availability. The map change is to remove the Point Whitehorn and Birch Point areas and to add a 100 -acre parcel on Alderson and Blaine Roads to the UGA. Caskey- Schreiber asked if they are requiring transfers of development rights (TDRs) on the 100 -acre parcel being added. Goodwin stated that's correct. A proposed ordinance will come forward today for that requirement. Exhibit D is to remove the Point Whitehorn and Birch Point areas from the UGA and include the 100 -acre parcel. Map 28 -H changes certain areas from long -term to short -term planning areas. They've reviewed those areas against the criteria for the change. She explained the changed areas. Caskey- Schreiber moved to recommend that it be introduced to the Council. Planning and Development Committee, 9/14/2004, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. Motion carried 2 -1 with Brenner opposed. Brenner stated she wanted to leave Point Whitehorn and Birch Point in the UGA. 3. INTERIM ORDINANCE AMENDING WCC TITLE 16, CHAPTER 16, CRITICAL AREAS, TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR WETLANDS AND GEOLOGICAL HAZARD AREAS (AB2004 -288) Sylvia Goodwin, Planning Division Manager, stated the Council already introduced a similar ordinance that just pertained to Birch Bay urban growth area (UGA). In this ordinance, she added the Birch Point and Point Whitehorn area to that, so the critical area protection and shoreline setbacks would apply, even though they've been removed from UGA. Roy stated she is in favor of this. The community is concerned that, when the Council removed Birch Point and Point Whitehorn from the UGA, they would lose the protections for the areas. This is a way to get those protections back. Brenner moved to recommend approval to introduce the ordinance to the full Council. Goodwin stated this as an interim ordinance that would sunset when the Council adopts the updated critical areas ordinance. Motion carried unanimously. 4. INTERIM ORDINANCE AMENDING WCC, TITLE 20, CHAPTER 20.80 — SUPPLEMENTARY REQUIREMENTS, TO INCLUDE THE BIRCH BAY WATERSHED UNDER SECTIONS 20.80.635 — STORMWATER SPECIAL DISTRICTS AND 20.80.735 — WATER RESOURCE SPECIAL MANAGEMENT AREAS TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR THE BIRCH BAY WATERSHED (AB2004 -287) Sylvia Goodwin, Planning Division Manager, stated this ordinance would add the entire Birch Bay watershed. Those sections require additional stormwater management and erosion control. It also requires closer review of land clearing. It does not add the impervious surface or tree retention requirements of Lake Whatcom. Caskey- Schreiber moved to recommend that this item be introduced to the full Council. Roy stated she urged the committee to approve this item. Motion carried unanimously. Planning and Development Committee, 9/14/2004, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. OTHER BUSINESS Sylvia Goodwin, Planning Division Manager, stated she also recommends an ordinance amending Whatcom County zoning map to implement the Birch Bay Community Plan (AB2004 -326). They need to change the zoning to match the Birch Bay Subarea Plan. She suggested two options. The first option is exhibit A, which changes the urban residential, four units per acre (UR -4) zoning at Point Whitehorn and Birch Point to rural, one unit per five acres (R5A). It also changes a resort commercial area to UR -4 and a UR -4 area to general commercial. The resort commercial area is the old Beacon Studio site. Now that the general commercial area is on the corner, the resort commercial would go away. Brenner asked if the owner of the property wants it to remain resort commercial. Goodwin stated the Bay Club plat was sold. The new owner intends to develop townhouses, not resort commercial property. Trillium's planned density was low, and the County asked Trillium to redesign to a higher density. However, if the Council downzones to UR -4, the townhouses can't go in. She recommends the alternative Exhibit A, which would make that resort commercial area zoned urban residential mixed, six units per acre (URM -6), which would allow the townhouse development. McShane stated he wouldn't discuss this item because of a possible financial conflict of interest. Caskey- Schreiber asked if the density proposed would be allowed in the resort commercial zone. Goodwin stated it would. It would also be allowed in the URM -6 zone. Caskey- Schreiber asked if this is a housekeeping ordinance to make the zone residential, which is what the developer is going to do anyway. Goodwin stated it is. It will also implement the Birch Bay Subarea Plan. The steering committee wants to eliminate that resort commercial zone in that area, also. Fred Bovencamp, Bay Club property owners, stated one can develop more than four attached units in the resort commercial zone, but only with a conditional use permit. That's why he would prefer to have the URM -6 zone. It won't require a conditional use permit. Change the zoning to URM -6 from resort commercial. Goodwin stated Exhibit B is a provisional rezone. The staff recommends a provisional rezone for multi - family housing and general commercial. The area is at Blaine and Alderson Roads, and is being added to the UGA. The rest is currently zoned UR -4 or URM -6. The steering committee members suggested they also adopt the zoning when they adopt the plan so there is certainty in the zoning. Any place they expand the UGA or increase density is subject to transfers of development rights (TDRs). Set up a three -to -one ratio. All the changes on exhibit Planning and Development Committee, 9/14/2004, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. A will happen right away. Exhibit B is a provisional rezone, and the date will occur when provisions outlined in the ordinance are fulfilled. The first provision language is the same as the language put on the Bakerview provisional rezone. Brenner asked if the owners don't have to meet the conditions if they don't want to. Goodwin stated that is correct. The zoning will stay the current zoning if the owners don't meet the conditions. Roy asked about TDR sending area options. She likes the list. Goodwin stated the Council can adopt the plan and zoning ordinance while leaving certainty on where the TDRs can be achieved. Fleetwood moved to recommend that this be introduced at the Council meeting. Caskey- Schreiber moved to approve alternate exhibit A, which includes the URM -6 zoning to replace the resort commercial zone. Motion to amend carried unanimously. Goodwin stated the issue during the public hearing will be from where they will get the development rights if the Council introduces the ordinance now and has a hearing in two weeks. Give people some idea of the direction the County is going on that issue. Caskey- Schreiber moved to remove the second bullet item on page two of the memo from Sylvia Goodwin and Troy Holbrook dated September 14, 2004 regarding the community plan and transfers of development rights. Goodwin stated the rationale for that item was that there would be less pressure to put additional units on properties that have the potential for more houses. Regarding the Cherry Point subarea item, (inaudible). There are five- and ten -acre parcels in sensitive areas that could be developed. That would be a good area for TDR sending areas. Regarding the Terrell Creek item, create connected corridors of wetlands with un- developable parcels to reduce density. Therefore, density can be transferred to areas where they want to encourage development. Wetlands would have greater buffers if the development rights to those wetlands are sold. There is always the potential to put clustered development on the developable portion and to fill wetlands. This concept would allow density to be transferred from wetlands and buffers. Wetlands and buffers with development rights could be transferred elsewhere. Planning and Development Committee, 9/14/2004, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 they can't say that a lot is un- developable. Some of the lots could be developed. (Clerk's Note: End of tape one, side A.) McShane continued to state that the County can make the argument that not dealing with complex areas that are difficult to develop would save County staff time. Goodwin stated a result could be connected wetland corridors with less development, and with some public access. Those are concepts to think about. Caskey- Schreiber stated the second item establishes a precedent that would create problems. Motion carried unanimously. Fleetwood moved to approve the recommendations in the memo from Sylvia Goodwin and Troy Holbrook dated September 14, 2004 regarding the community plan and transfers of development rights, without the second bullet item. Motion carried unanimously. Fleetwood moved to recommend that the ordinance amending the zoning map (AB2004 -326) be introduced at the Council meeting, with the alternate exhibit A, which includes the URM -6 zoning to replace the resort commercial zone. Motion carried unanimously. ADJOURN The meeting adjourned at 3:52 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, 9/14/2004, Page 7