HomeMy WebLinkAboutNatural Resources February 11 20031
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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
Natural Resources Committee
February 11, 2003
The meeting was called to order at 9:30 a.m. by Committee Chair Sharon
Roy in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Seth Fleetwood None
Laurie Caskey- Schreiber
Also Present:
L. Ward Nelson
Barbara Brenner
Sam Crawford
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
AMENDMENTS FOR 2003 (AB2003 -075)
Roy stated that the Natural Resources Committee is just deciding today
whether or not these should be docketed.
Matt Aamot, Senior Planner, went over the maps of each site, explaining
where each site is located.
Docket #2003 -D: AG to R5A, Paradise Road
(Clerk's Note: All four docket items were discussed.)
Aamot explained the maps showing the residential site. Areas to the north,
west, and south are agriculture. There was a rezone earlier to rural, one unit per
five acres (R5A). The prime agricultural soils do not extend onto the site. There
are three proposals that would potentially remove land from the agricultural
designation. There is a new agricultural mitigation policy to replace agricultural
land.
Kraig Olason, Senior Planner, brought forward a letter from the Agricultural
Advisory Committee and highlights from a recent Comprehensive Plan update (on
file). The letter quotes policy 8A -2(3), which talks about requiring mitigation if
designated agricultural land is converted. The advisory committee is commenting
on projects that are designated agricultural lands. Policy 8A -5 requires
demonstrated changed site circumstances. The advisory committee is requesting
Natural Resources Committee, 2/11/2003, 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 Council not to docket the Paradise Road (item 2003 -D) and the Badger Road
(item 2003 -E) requests.
The Parks Department amendment (2003 -J) is a re -run from last year. This
project could have a major or minor impact on designated agricultural land
depending on how it proceeds.
Roy asked if the land in the Park Department application is currently in
agricultural use. Olason stated part of it is. It includes the Nessett farm. The
ultimate idea is that it would be a period piece farm site. Another area off Mosquito
Lake Road is being used for grass silage.
Roy asked what happens if it is not docketed, and whether the whole park
activity stops there. Olason stated the access to the Nessett farm has been a
problem. There have also been discussions regarding the campgrounds remaining
open. There are fewer camping opportunities. They are trying to find a site within
that acreage for a recreational vehicle park. He suggested last year that the Parks
Department do some additional planning to determine where they want the
campsite, where it has to be, and whether it is suitable.
Roy asked if docketing this would ensure that the planning would move
forward. Olason stated the public access is unofficial, and no parks are allowed in
the agricultural zone. They will also have to look at the zoning application that
looks at changes in uses in different zones. They will have to determine which
resource designations can allow for recreational use. There are some real
difficulties under the Growth Management Act to address public needs versus
resource protection.
Fleetwood asked if there was any consideration to allowing a portion of the
park to be leased for farming. Olason stated the committee discussed this last
year. They talked about what could be done. The Nessett Farm has few acres.
There are still stumps in the field. The majority of the site is wooded and zoned
rural forestry. The northern part of the farm has at least 80 or 90 acres of open
grassland. The design has a potential for putting the campground in the wooded
portion. In the agricultural zone, they might revisit the idea of allowing trails.
Caskey- Schreiber asked how Hovander Homestead Park was developed.
Nelson stated the fields at Hovander Homestead Park are used to grow hay.
Olason stated that the Parks Department already owns the Hovander park.
It was developed before the Growth Management Act and was grandfathered in at
that time.
Caskey- Schreiber stated that even though the Hovander park is zoned for
recreation, it still has farm value. That might be something to think about for this.
Farming doesn't have to cease. Olason stated they get more rain near the South
Natural Resources Committee, 2/11/2003, 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.
Fork of the Nooksack River. When they have an area, the proximity of the farmland
to the dairy is the critical thing. It becomes more important as a locational factor.
They have to be careful in how the County impacts the local situations. However,
he doesn't know that anyone's been farming anything other than grass for a while.
The intent of the Parks Department is to allow the land for farming use. They won't
want to maintain it themselves, even though the uses allowed would be limited.
Aamot stated the Paradise Road site has not been used for agriculture for 30
to 40 years. The zoning to the northeast is rural, one unit per ten acres.
Gordon Gerard, 1371 Paradise Road, stated the property to the south is a
40 -acre sand pit, even though it is zoned agriculture. He has one -acre zoning on
one side, five -acre zoning to the north, and a sand pit to the south. The rest of the
agriculture is across the road.
Caskey- Schreiber asked about the sand pit.
Nelson stated it is a nonconforming pit.
Fleetwood asked the location of the sand pit. Gerard stated it is the property
to the south.
Fleetwood stated he visited the site. The site seems to be in an area that
has some homes. On the west side of Paradise Road, it is clearly wide -open
agricultural use. This site doesn't look like anything that is even remotely close to
an agricultural use. It is boggy, and has deciduous trees. He asked if it is an area
that could be agricultural land some day. Aamot stated the land doesn't have
prime agricultural soils. There is some potential use of the site.
Olason stated he talked to the Natural Resource Conservation Service
(NRCS) about the site. If they look at the history of it, it has been treed. It's been
zoned agricultural for some time. It may serve as a buffer. There may be a lot of
one -acre lots next to it. The sand pit is not closed. Dairies are next to that. One
of the issues is the benefit of the conversion for the overall community. More
people will be out there. In some ways, the land provides a buffer. He also
wondered whether the land could be farmed. There is some slope to the land. He
didn't see a huge slope. He doesn't think anyone would say it's the best of the best
farmland, but it provides a couple of positive things. A conversion would lose that
buffer and that acreage that could potentially be used. That is a debatable site.
Nelson stated buffering is an issue they've discussed for forestry, but not
agriculture. It may be an element they want to look at. The neighbors probably
won't be too happy if the trees were torn down to make the area agriculture.
Olason stated a well might be on the northern edge of the property. The
subdivisions to the east may also use a well site and a common area there. This
might be a receiving site for agricultural density.
Natural Resources Committee, 2/11/2003, 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.
Nelson stated this might be an opportunity to buffer rural forestry. Olason
stated that if they do a like- for -like mitigation, one would only get two additional
lots. The question is what is left to mitigate after that.
Roy stated that, given the County policies and advisory committee's
recommendations, converted land becomes a neighbor to someone else who
decides to convert. The conversions never stop. Exchanging it in a transfer of
development rights (TDR) program is premature without having a program in place.
Olason stated there is no shortage of rural five -acre zoning in the county.
There has to be some benefit to the county to do the conversion.
Caskey- Schreiber moved not to docket item 2003 -D.
Motion carried 2 -1 Fleetwood opposed.
Fleetwood stated he doesn't want to convert agricultural land to another use
if there is reason to believe the land will be used for agriculture. However, this
property seems to match the area that is zoned rural, as opposed to the area to the
north that is clearly agriculture.
Docket #2003 -E: AG to R2A, Badger Road
Aamot explained the area with maps. There are prime agricultural soils
throughout the entire site. The current use has a wooded area and a house. There
are agricultural uses surrounding it, except to the west. The urban growth area for
Lynden abuts the western property line. The area to the west is zoned rural, one
unit per two acres (R2A). There are a few wet spots. It is an aquifer recharge
area. It is not in the flood plain and there are no pipelines. An initiation criterion is
to consult with the City of Lynden. One option is to add it to the urban growth area
(UGA). Another option is to rezone to rural. In either case, the zoning would be
R2A. The City of Lynden has not commented, but the Comprehensive Plan does
encourage densities of five to seven units per acre. The R2A may not be an ideal
density for the urban growth area, although there is already R2A in the UGA. The
criterion for a rural zone is that R2A is limited to previously developed areas or infill
development only. That would be tough to establish, given the pattern of
development. The final initiation criterion is that the County is planning to deal
with the small city urban growth areas next year.
Caskey- Schreiber stated this is a chilling pattern of sprawl. It is premature
to leap to R2A, when they are still working on the City of Lynden UGA. The County
should be working with the City of Lynden. If they continue the trend in this
direction, they will consume a lot of farmland.
Natural Resources Committee, 2/11/2003, Page 4
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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.
Fleetwood stated he concurred with Councilmember Caskey- Schreiber. The
eastern UGA boundary has been established. It's a beautiful site. It is a buffer
between urban areas and agriculture. He will not support docketing this item.
Fleetwood moved to not docket 2003 -E.
Motion carried unanimously.
Docket #2003 -G: CF to RF, North Fork
Aamot explained the area and land use designation on the map. The
surrounding lands are also forestlands. The Nooksack River is immediately to the
north. Commercial Forestry is to the east, south, and a bit to the west. Rural
forestry is to the north, across the river. There are pockets of rural development.
It's in an aquifer recharge area. The Nooksack River provides Chinook habitat. A
stream runs through the property. There are steep slopes. A little bit of the area is
in a flood plain. There are no major pipeline issues. There is an action item in the
Comprehensive Plan to review designated forestlands by 2004. One of the
Comprehensive Plan policies talks about designating commercial forestry versus
rural forestry and whether or not the site is in a fire district. This site is not in a
fire district.
Roy asked if the code puts a limitation on the footprint of a home in the
forestry zone. Aamot stated he'd have to look into it. There are none or no
significant limitations.
Nelson asked about road access. Aamot stated there is a logging road.
Nelson asked how far is it to facilities. Aamot stated he did not have that
information.
Roy asked about reviewing the forestry needs in 2004, and stated that
perhaps the Council should wait until it looks at the entire forestry needs in 2004.
Caskey- Schreiber moved to recommend to the full Council to not docket
item 2003 -G. This is an example of breaking up a big block of zoning. She
hesitates to add more homes amongst logging activities.
Roy stated the fire issue is also a concern.
Motion carried unanimously,
Docket #2003 -J: Whatcom County Parks
Natural Resources Committee, 2/11/2003, 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.
Aamot stated the Parks and Recreation Department is proposing to designate
several hundred acres in the South Fork Valley to recreation open space. Currently,
the site is rural and commercial forestry, and there is some agricultural use. There
are a variety of critical areas on the site, including wetland areas, streams, an
aquifer recharge area, and some areas of flood plan. This was docketed last year.
The request re- designates several hundred acres. The County purchased the land
in the 1990's. One of the conditions for the County to get State funding for the
Nessett Farm was to allow public access. However, the State does not allow putting
a recreational use on agricultural land.
(Clerk's Note: End of tape one, side A.)
Aamot stated the Council eliminated parks as a use in the agricultural zone.
They are allowed as a conditional use in the rural forestry zone.
Fleetwood moved to recommend docketing this item to the full Council.
Bob Wiesen, 3314 Douglas Road, stated they are taking property out of the
natural resources base of supply. Public access is lousy in that location. It will be
very expensive to develop the area in a way that the public can use it. Right now,
the property is locked. The rule about not using agricultural land for parks is a
good rule. They could have made the property as a demonstration forestry project
if it had not partnered with the Land Trust. It could have been self- supporting.
Now, it will be a cost to the community.
Caskey- Schreiber asked why the park needs all 200 acres rezoned. Olason
stated they discussed rezoning part of the farm. They have to decide how big an
area they will need for a recreational vehicle park, determine the usable site, and
then make the park. He suggested that they limit converting the agricultural land.
The Parks Department is not opposed to that. The problem is that the Parks
Department has not put staff time into it. There won't be a good review from the
State if they rezone all the acres.
Roy stated she would like to wait on docketing this item until there is a plan.
Olason stated it could happen either way. The fact is that there is no money to do
any big project anyway. It might be three to five years before funding is available
to do anything. The plans don't seem solid.
Caskey- Schreiber asked if this farm is generating any revenue, or if it is
limited by agreements. Olason stated the northern property is a separate piece
from the southern property, which is that it's not of any particular agricultural
value. The ownership of the properties south of the Nessett Farm did not want
their road used as the primary access.
The difficult thing in changing designations is that going from a resource land
to rural is a big jump. They really have to scrutinize the change. If they argue it
Natural Resources Committee, 2/11/2003, 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.
should be rural forestry rather than agriculture in portions of the property, they
might be able to justify it better, and it would still have some protection.
Caskey - Schreiber asked if the Planning Commission is ready to take this
project on and what the Planning Commission vision is on this. Olason stated he
didn't know how much time Parks Director Roger DeSpain would have to put into
the project before he leaves. He hasn't got much time to put into it. This will
compete with compost regulations. He suggested putting it off, but he feels guilty
about it because they put it off last year.
Aamot stated it is on the six -year capital improvement plan, which means it
will have to be considered in the next few years.
Olason stated there is nothing that precludes the Parks Department from
fleshing the vision out more.
Roy stated she couldn't vote on taking out that many acres without a more
specific vision. It sounds like there may be legal challenges. This may not be the
best use of the land. There may be other options given some creative thinking.
Fleetwood stated they are simply docketing this for review. They are not
expressing a final opinion on the subject.
Motion to docket failed 1 -2 with Fleetwood in favor.
Caskey- Schreiber stated they are in transition with a new Parks Department
director. She would rather have someone work continuously to see the project
through.
Roy stated she is also reluctant to lose resource lands.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:35 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
WHATCOM COUNTY COUNCIL
Natural Resources Committee, 2/11/2003, 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.
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Sharon Roy, Committee Chair
Natural Resources Committee, 2/11/2003, Page 8