HomeMy WebLinkAboutPlanning September 28 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
September 28, 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:
Laurie Caskey- Schreiber Barbara Brenner
Also Present:
None
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE
RELATING TO AIRPORT /LAND USE COMPATIBILITY PLANNING
(AB2004 -082B)
Matt Aamot, Senior Planner, stated this is a proposed new Comprehensive
Plan policy. He presented and read a Power Point presentation (on file). The
Bellingham International Airport is owned and operated by the Port of Bellingham.
He discussed the airport's history.
Caskey- Schreiber asked if there is a safety issue about the homes that are
very close to the airport in Lynden. Aamot stated it is an issue. If Lynden had
applied the California study recommendations, those might not be so close.
Fleetwood asked the frequency the Lynden airport is used. Aamot stated it is
used frequently.
The Floathaven Sea Plane base is a non - conforming use. He continued to
read the presentation.
Caskey- Schreiber asked if anyone has thought about a buyout program for
homes within the airport contour areas. Aamot stated there was an area at the
south end of the Bellingham Airport that were purchased. Some residents chose
not to sell. Everyone within the south area had a chance to sell their properties.
The Lynden Airport doesn't have noise contours at this current time. Some of the
noise complaints were from people outside of the high noise area. The noise is
expected in the high noise areas. Areas farther away didn't necessarily expect the
noise. The California study suggests buyer awareness strategies.
Planning and Development Committee, 9/28/2004, 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.
The committee proposes a non - regulatory approach. It doesn't propose to
prohibit land uses because of noise. It proposes a disclosure upon the sale of
property within one mile of an airport, or a permit within that area. People buying
in that area would sign the disclosure, which would be filed with the County
Auditor.
Fleetwood asked if that imposes a legal obligation on the part of the seller.
He asked how a seller would be notified of the new requirement. Aamot stated
they would use the same procedure as the procedure for people buying near areas
designated for preservation of natural resources. It's a matter of educating the real
estate companies. The committee talked about sending a copy of the ordinance to
the title companies. Over the long term, people will be aware they are within the
vicinity of the airport. The County would also put it on the building permits.
Aamot continued to read the presentation regarding the proposed new
Comprehensive Plan policy 2D -8.
Regarding safety, the California study looked at crash data around short
general aviation runways. Crashes are rare. When they do happen, they found a
concentration around the end of a runway. From that knowledge, six zones around
a runway were established. The study has recommendations for land uses that
should be allowed in each zone. The County staff superimposed the safety zones
on the maps of airports in the county. They also evaluated the land use zoning in
each area.
The committee proposed a new policy regarding safety. He continued to
read the presentation. The committee's exemption of land owned by the airport
was to preserve airport operations and prevent uses from encroaching upon the
airport that would create difficulties in operation. The intent wasn't to put a crimp
on typical airport operations. The committee recommends that high intensity or
immobile population land uses should be avoided in these airport zones. Instead of
prohibiting these things, there should be a conditional use process to allow the
Hearing Examiner to review the uses. The Planning Commission mostly agreed
with the committee's recommendations. However, the Planning Commission
wanted to leave child and adult care centers as a permitted use in zone six.
Caskey- Schreiber stated that allowing those uses as a permitted use would
take away the opportunity for the airport to weigh in on the land use. She prefers
the committee's recommendation. She asked if the committee considered allowing
more flexibility in zone six. Aamot stated the committee discussed it. It was the
most controversial zone because it extends quite far. He completed reading the
presentation on safety.
Aamot read the presentation regarding height hazards. The Federal Aviation
regulation establishes the imaginary surfaces around the airport to keep tall
structures from projecting into the airspace. The committee recommends a policy,
policy 2D -10, to discourage tall structures and companion zoning amendments that
Planning and Development Committee, 9/28/2004, 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.
say a structure cannot go into these imaginary surfaces unless one gets a variance
from the Hearing Examiner.
Caskey- Schreiber asked if any of this changes if they change the type of
plane that flies into the airport.
Doug Fenton, Airport /Land Use Compatibility Advisory Committee Chairman,
stated height restrictions vary according to the type of each airport.
Caskey- Schreiber asked if certain airports are restricted to receiving only
planes of a certain size. Fenton stated they are restricted because of the size of
the runway.
Marvin Benson, Airport /Land Use Compatibility Advisory Committee citizen
representative, stated the committee went through a healthy exercise. The
committee recommendations are reasonable, without placing too much restriction
on the use of land around airports. The changes made by the Planning
Commissioner are, by and large, reasonable. Zone six around the Bellingham
Airport covers quite a bit of territory. It may be unreasonable to restrict those uses
from that area. The committee feels it's still a good idea to make them a
conditional use so people would have notice and a chance to object, if necessary.
However, he bows to the wisdom of the Planning Commission. Adopt the
recommendations as amended.
Caskey- Schreiber moved to recommend to the full Council that this item
move forward to the concurrency hearing. The committee did an outstanding job.
She's pleased with the committee's work.
Motion carried unanimously.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:30 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Planning and Development Committee, 9/28/2004, 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.
Dana Brown - Davis, Council Clerk Seth Fleetwood, Committee Chair
Planning and Development Committee, 9/28/2004, Page 4