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HomeMy WebLinkAboutPlanning September 23 20031 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. WHATCOM COUNTY COUNCIL Planning and Development Committee September 23, 2003 The meeting was called to order at 3:08 p.m. by Committee Chair Seth Fleetwood in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Laurie Caskey- Schreiber None Dan McShane Also Present: Barbara Brenner Sam Crawford L. Ward Nelson COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. ORDINANCE ADOPTING AMENDMENTS TO THE INTRODUCTION CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB2003 -075A) Fleetwood stated the committee would not take a vote on this today. It would be held in committee for two more weeks. He will take testimony from the public today. Dan Warner, 3854 Squalicum Lake Road, stated the population of Whatcom County has grown 30 percent in ten years. That is a 2.8 percent population increase. At that rate, the population will double every 23 years. Whatcom County is facing an enormous population increase. The county is changing into something that people don't want it to become. The difference between Whatcom County and Los Angeles County is population. Sunset Drive is an example of what happens. There are a couple of things that are useful to keep in mind when they talk about the government and the support for population increase and growth. Growth is good for awhile, then it's not good anymore. At some juncture, the growth will stop. The question is when the growth will stop. If there are enough people who want the growth to stop, it will. First, growth is not inevitable. The county residents have the power to address this issue. Second, there is no particular relationship between growth and economic prosperity. If there is an increase in population, there will be an increase in the number of people employed. There will not be a decrease in the unemployment rate. All they are doing is paving the property, increasing the traffic congestion, destroy what is nice about living here, and do nothing to address the problem of unemployment. Planning and Development Committee, 9/23/2003, 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 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. It's been said that any attempt to control the population increase will raise the price of housing. The fact is that growth controls have a small effect on the price of housing, between 12 and 20 percent. The largest factor affecting housing affordability is good schools. Couples with children will bid up the price of real estate in communities that have good schools, according to research done by Harvard University. That is the single most important factor, by far. There are many other factors affecting housing prices. Growth control is a small piece of it. There is some price to be paid. The benefit is the maintenance of the community. Third, the most obvious manifestation of the problems in Whatcom County is the traffic situation. Traffic is terrible. The solution is not improving the roads. Research shows that improving the roads makes the traffic problems worse. There is a small window of time when there is a perceived improvement, but the additional easy access just encourages people more to use their cars. One of the reasons for the traffic problem is bad planning. The traditional cul de sac housing development has no place for people to walk. All the developments feed onto the Mt. Baker Highway, for example. Anyone who wants to buy a loaf of bread must get in the car and drive out of the cul de sac to get to the grocery store. That's bad planning. They should be building traditional city developments with alleys, so the front yards of the houses do not feature garages and paved aprons. It is possible to do something about this issue. Increase in population and the traditional concept of growth does nothing to address economic welfare in the community. Improving roadways does nothing to address the traffic problem. If development in a community causes traffic to be more than an allotted amount on a certain road, don't issue permits for any more buildings. They have reached the point where growth is no longer good for the community. He hoped the County Council has the political courage to adopt the low population projection. That is the first tool they need. If they pick a high figure and plan for it, that's what they'll get. Pat Jones, Jones Engineers, stated his firm has conducted population projections for the Bellingham urban growth area (UGA) using conventional methods. His firm has conducted such projections for numerous counties, utility districts, and cities in terms of infrastructure planning for 35 years. His methodology used is completely different from the methodology used by the consultant. However, the result of his analysis agrees almost exactly with the consultant's conclusion. Projecting growth has nothing to do with what they wish the growth would be. The desired projection has little to do with what will occur. Growth cannot be controlled in the United States. A person's free movement is guaranteed in the Constitution. They cannot pass laws that prohibit people from traveling freely in Planning and Development Committee, 9/23/2003, 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. the United States. Two - thirds of growth is from in- migration. The appropriate population projection is what science and experience tells them it will be. The consequences of picking the wrong number are significant. If they underestimate the population growth, they will set the wheels in motion for infrastructure planning that is inadequate. If they don't plan for that reality, they will have the consequences, which will be undersized facilities that have to be upgraded at enormous cost. Infrastructure sizes are based on Comprehensive Plan numbers. Underestimating the population projection has enormous negative consequences in terms of capital costs down the road and spurs urban sprawl. Whatcom County has thousands of large lots outside the urban centers. If they don't plan for it in the cities, it goes into the counties. Urban sprawl is one of the worst things to do and makes transportation more painful. Fleetwood stated the claim is frequently made that if they don't plan well, infrastructure won't exist and they'll have enormous problems. He asked if infrastructure is established consistent with the planned developments. Jones stated that is correct for infrastructure inside of subdivisions, which is planned for and constructed by the developer at the time of construction. The infrastructure he's talking about includes schools, arterial streets, water storage tanks, sewage treatment plants, and parks facilities. Those things are developed in response to a long -term plan for a certain population demand. They are called general facilities. Fleetwood asked if it's true that local government creates policy that influences the number of people who come to the area, to a certain extent. They have some control over the number of people who come here. Jones stated that is true. They can create an environment that is so onerous that there would be an out - migration. Government can do that. However, short of draconian measures, it's not something they do in the United States. Fleetwood asked if limiting the number of permits issued is draconian to the person being denied a building permit for a house. Some people would argue that limit permits is in the public interest to the vast majority. Jones stated there are circumstances under which permits should be limited. They are crisis situations. They are often the result of inadequate planning. That's not the way Americans like to live. Brenner stated she doesn't understand how any population projection would interfere with the free movement of people. People can come and go wherever they want. If the Council sizes growth to a certain level and sticks to that level with zoning measures, they won't be undersized. They will only be undersized if premise of a certain level, create infrastructure at that level, and then change plans to allow more than what they decided. There has to be an end to growth. They have a finite amount of land. Jones stated that if they plan for no population growth or an out - migration population level, it means they don't need anymore schools or parks. Those actions are not going to stop certain people who want to live in Whatcom County. If the facilities aren't available in an urban area, the Planning and Development Committee, 9/23/2003, 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. people will go to the countryside. To affect growth over 100 years or longer, they have to ask how they maintain a population within the current urban area. One way is to establish greenbelts around urban areas using zoning and other effective measures. Another option is to start an entirely new urban area away from the current urban areas. Brenner stated that at some point, no matter what they do, they will run out of land. She asked if the reason growth will stop is because they run out of land in the county. Jones stated that would be true in the abstract. There are other phenomenon that will occur, such as the economics of the area. People will find other solutions. There is some point where that isn't economically viable. Crawford stated many economists project zero population growth for the United States between 2050 and 2060. There would have to be serious economic shifts or changes to create areas that would grow indefinitely. Jones stated they are talking about two percent growth. That's very low. That's lower than what they've seen in the last ten or twenty years. Crawford stated people can choose to move for economic and lifestyle reasons, such as those who chose to move out of California. Brenner stated those people will move only if they can afford to move. The prices here will go up and up until the prices here becomes just as expensive as it is in places where people are leaving. Crawford stated that is the economics of it. The economics don't allow them to pave over Whatcom County because of endless numbers of people. Brenner stated those places such as California did get paved over, which is why people are leaving. Los Angeles has many ruined areas. Crawford stated the growth is still occurring there. Jones stated he agrees with the recommendation of the Planning staff. Jack Petree, Bellingham, stated they all have a stake in choosing the right population projection. Everyone agrees that, when planning for a certain end result, they need to know what will happen during the time they are planning for. In Whatcom County, there is enough land supply outside of the cities to allow all of the population that might come here for the next 30 or 40 years to live outside the urban growth areas. No matter where a person stands on how to grow and plan, no one wants all the people moving into the county. They are to try to keep people in and near the cities. Size urban growth areas at a level in which they are attractive for people to live. If they are unattractive, there are other options elsewhere in Whatcom County. There is a lot of parcelization in the county. They need people to be attracted to the cities so they don't want to live in the county. Planning and Development Committee, 9/23/2003, 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. Also, the Council should hold people to task for the studies they cite. They need to look at the full spectrum of impacts when reviewing the cost of growth. According to an Oregon study, a new home in Oregon generates 150 percent more property tax than an old house. That extra 50 percent is part of the benefit of the growth. Look rationally at what will happen and make rational decisions. If they plan for too little growth, they have too much sprawl. If they plan for too much growth, they produce a little bit of sprawl. If they plan for the right amount, they will produce as little amount of sprawl as possible. Brenner asked if the Oregon study says that the new houses pay for the effects of the development. Petree stated it ends up with a $4,500 shortage, but also with a one -time tax income from the building and a permanent tax income that is about 150 percent higher than an existing house. Dave Pros, Lake Samish resident, stated it's hard to get a good handle on what population numbers actually mean. Think about what will happen if they choose the high number or choose the low number. The process of determining population projections is disconnected from reality. The population projection for Whatcom County has nothing to do with the actual growth. However, when they choose a population projection number, it becomes a hammer that different interest groups will use to go to court to make infrastructure and other things become a reality. A land use attorney said they are under no obligation to take anything more than the lowest number the State provides. Anything more than that is purely a political decision. The next disconnect is to the actual process that they are supposed to go by. He questioned the legitimizing factor in any kind of planning. He'd like to see the big picture of what they are supposed to do. It comes down to the Comprehensive Plan visioning process. (Clerk's Note: End of tape one, side A.) Pros continued to state that growth management dictates that 75 to 90 percent of the private land base in Whatcom County should be designated for rural, agricultural, and forestry use 50 years hence. Urban sprawl should be discouraged. The population projection is disconnected from that mandate. The third disconnect is from the claim that people will move out to the county if they don't put people in the urban growth areas. He's heard land use professionals who are asked the number of lots they need to generate to encourage people to move into the urban growth areas or the city instead of the county. No one has been able to come up with an answer. There is not a number that makes it economically desirable to move into the urban growth area. It's cheaper to move into the rural area. Until they find a way to make it less expensive or more desirable to move into the urban areas, people are going to move into the rural areas. Planning and Development Committee, 9/23/2003, 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. The fourth disconnect is from the proper order for planning, which begins with what the whole county wants, not what an individual wants. If the visioning process is fatally flawed, then do another one. Plan for what they must protect. Plan for what the citizens want to protect. Determine locations where additional population will enhance the quality of life. The city is a good place for most of the population to go. They have to decide whether the government should lock out a certain amount of population in those areas that don't enhance their quality of life. If they are going to allow upzoning in areas, it should be done by a transfer of development rights (TDR) or purchase of development rights (PDR) process. Don't burden the taxpayers with the government trying to buy out all the development rights. Always choosing the high or medium, anything more than they have to, will lead them to a place they don't want to be. Caskey- Schreiber stated the councilmembers received information from staff about the staff's recommendation. She asked about the Planning Commission process. Pros stated the Planning Commission heard a lot of testimony. He does not speak on behalf of the Commission because his recommendation is different. The councilmembers should look into the Commission's testimony. It would be nice for the councilmembers to receive more information about why Planning Commission decisions are made the way they are. The medium number was determined to be the most accurate number. Anything more than the State's low projection is purely a political choice. Caskey- Schreiber asked if the minutes covered the spirit of the meeting. Pros stated the minutes are a synopsis of what had occurred. Some Planning Commissioners want to revisit the population projection. The amount of people in the low projection could all fit into the city urban growth area, and there would still be 300 lots left over. They don't have to expand and densify the urban growth areas. If they pick the high numbers, they do have to expand and densify the urban growth areas. The higher the number they pick, the fewer the options they have. Brenner asked about who should get the TDR's. Pros stated any upzoning should be done by TDR. If a person wants to take an area zoned one house per five acres and put ten units on it, that person should buy nine development rights. Brenner asked about the people who are next to the developer who don't get any benefit from the development, only the impacts. Pros stated that is a worry. In the reports about population projections, there is no evaluation of the economic or emotional impacts. He would like to ask the residents in each urban growth if they want to change the zoning so it's denser. Bob Tull, attorney, stated he's afraid that the forecast issue has become distorted in terms of its relevance and sequence. Neighborhoods don't want the impacts of change. Bellingham is divided into a lot of neighborhoods that have clear distinctions from other neighborhoods. Those neighborhoods stated they Planning and Development Committee, 9/23/2003, 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 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. don't want to densify, and they can't densify without going through a process of destabilization and rebuilding. A few neighborhoods can take some additional units. Whatcom County has been the shock absorber for the varying successes on growth matters over the last 30 years, especially by the City of Bellingham. The ability of Bellingham to respond to market demand for more lots has been depressed. Bellingham's pipeline for lot construction has been constricted. They are not getting the yields that zoning calls for due to site constraints and for political reasons. The County is under increasing pressure to supply building permits to people who want to build in the county. A lot of people want to live closer in the city. In Seattle, the areas closer in demand tremendous premiums. Only the well -to -do can pay tremendous premiums. Working people rarely can. That results in people commuting long distances. Distortions have occurred because there hasn't been enough pressure on the cities to understand that it has to go along with growth management. If Bellingham can't attract more and more of the population, then Whatcom County will have all the problems of King County. They have to manage it. That's what the State decided in 1991. The cities have to carry a certain population. Bellingham must be convincing about how it will provide the mixture of housing types and densities with the appropriate infrastructure that works. Transfers and purchases of development rights could work, but it won't happen if it changes the economics. The building community can't subsidize growth management. Get back to what will make the urbanization happen that is called for by the Growth Management Act, and how they will support it in a way they like it. It has to do with development standards, proper impact fees, and coordination with school districts and other service providers. They have to get into management mode, and stop wishing away the impacts of change. They can impact how change will affect them, such as by having strong parks. Figure out what they really want to do and how to get there. A particular part of the community can't exclude all others. That's what got them into the mess they are in now. One of the things that will affect people in this community is if they are careless in how they let the housing costs rise higher and higher. The law of supply and demand has not been repealed. When they drastically restrict the supply, they will not hurt the rich people who want to retire here. They will hurt the people who don't have choices and who would like to raise a family here. The County has to ask Bellingham what it's going to do to bring about overall densification and to ensure that the city attracts its share of the population. Say similar things to the other cities. All the cities have asked to have the tools for planning that they think are associated with the higher numbers. Bellingham won't densify if they are faced with the lower projection. McShane stated the committee would have more discussion on this at the next meeting. Councilmember Roy would like to be present for the vote. McShane stated he liked the analogy of the hammer. He fully intends to use that hammer to direct growth away from the areas it should not go. That is a significant tool they have available to them. That tool will not be available if they go with the low projections in the city. Many of the issues have little to do with the population projection, and have to do with how the County implements certain Planning and Development Committee, 9/23/2003, Page 7 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. things after it chooses a population projection. He doesn't fully believe in high population projections in the city to encourage growth in the city. They need to do more than encourage it. They need to really manipulate what they have to direct growth into the city, or they will lose their farmland and forestland. Having higher population projections in the cities will do that. Otherwise, they will have sprawl. Brenner stated she doesn't see any relationship. It has to do with what they do and don't allow in the County. If they are going to influence what happens in the county, they influence people by the expectations for people who locate out there. Caskey- Schreiber stated her biggest concern if they follow Councilmember McShane's plan is when the Cities come to the County to expand the urban growth areas. She's not necessarily willing to do that, and then ask the people who live here now to pay for the infrastructure for expanding those urban growth areas. McShane stated that approving the high population projection does not commit them to expanding the urban growth areas. His proposal is to adopt a high population projection for the cities, as the cities have asked for, and the established urban growth areas and a low population projection for the unincorporated areas outside the urban growth areas. It is option four that staff presented to the Planning Commission, including all the cities. Aamot stated that if all the cities were given a high population projection, it may result in a low or negative population growth projection for the rural areas. He'd have to look at the numbers. Staff can put together a scenario where they adopt the high numbers for urban areas and low number for rural areas, and see what the total is. The total may be more than 231,000. Caskey- Schreiber stated she would like to see the numbers if Bellingham is given a medium population projection, which is the reality. Aamot stated he would work up a population scenario based on Councilmember McShane's and Councilmember Caskey - Schreiber's comments. Fleetwood stated the committee would have a final discussion in two weeks. (Clerk's Note: The committee took a break at 4:33 p.m.) 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.37 — POINT ROBERTS TRANSITIONAL ZONE DISTRICT AND CHAPTER 20.80 — SUPPLEMENTARY REQUIREMENTS (AB2003 -317) Amy Pederson, Planner I, gave a staff report. This ordinance is just for amendments to setback requirements and updates to the cluster subdivision standards. Staff amended the cluster subdivision standards in the transitional zone Planning and Development Committee, 9/23/2003, Page 8 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. to be the same as what's being currently reviewed for the watershed regulations. There was some confusion regarding setbacks. Depending on how a site is developed, there are different setbacks. The question was how they handle the old lots that are already there. To avoid confusion, staff proposes just one setback for all. The remaining changes are administration and code scrub. McShane moved to recommend approval to the full Council. Caskey- Schreiber asked if they want to discuss the changes proposed by Michael Rosser of the Point Roberts Taxpayers' Association in a letter dated today. (Clerk's Note: End of tape one, side 8.) Caskey- Schreiber moved to amend section 20.37.321(2), "...adjacent tracts it would help to better further the objectives listed in WCC 20.37.305...." McShane accepted the motion to amend as a friendly amendment to his motion to approve. Motion to approve with the amendment carried unanimously. COMMITTEE DISCUSSION 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.71 — WATER RESOURCE PROTECTION OVERLAY DISTRICT, CHAPTER 20.80 — SUPPLEMENTARY REQUIREMENTS (STORMWATER AND CLEARING), CHAPTER 20.85 — PLANNED UNIT DEVELOPMENTS, AND CHAPTER 20.97 — DEFINITIONS, TO PROVIDE ADDITIONAL REGULATORY PROTECTION FOR SENSITIVE WATERSHEDS (A62002 -2226) Amy Pederson, Planner I, stated she submitted a memo (on file) with attachments that summarizes the history of watershed regulations as they relate to the original Lake Whatcom subdivision moratorium, which was adopted December 2001. The memo also provides a review of key amendments proposed and associated background information for those amendment topics, including seasonal land clearing restrictions, impervious surface limits, and cluster subdivisions. She also discussed alternatives considered. Fleetwood asked for the alternatives they've considered to tree retention. Pederson stated there were four key alternatives: native soil retention, vegetative retention, post- construction soil amendment, and re- vegetation. Fleetwood asked if they are viable alternatives. Pederson stated they are all viable and effective measures to address stormwater management and runoff. However, in light of current scientific information available regarding tree retention, Planning and Development Committee, 9/23/2003, Page 9 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. this is determined to be the most effective and least burdensome alternative. Soil retention and native vegetation retention are applicable on a broader scale of the watershed than tree retention, so this option is the least burdensome on property owners. Fleetwood asked why the alternatives considered would not achieve the objective. Pederson stated the alternatives could potentially achieve the overall objective of managing and decreasing potential stormwater impacts from residential development. However, tree retention has also been demonstrated as an effective measure of managing stormwater. Based on the information in the research materials, tree retention is an effective measure and is the least restrictive of the options. Another approach could be effective, but it would be more burdensome on property owners and developers. McShane stated it could also be burdensome on other property owners than the one actually doing the development, in terms of others having to make up and pay for the costs. Kurt Baumgarten, Planner I, stated tree retention without having the vegetation retention beneath it, provides greater flexibility to a property owner for what they do beneath those trees. That was an issue that was bought up. There is a higher probability that trees will be retained during construction because there are more options for folks in the long run. In the long run, it will be easier to monitor and track the percentage of tree cover using the geographic information system (GIS) and aerial photographs. Caskey- Schreiber moved to implement the seasonal clearing, subsection 20.80.735(2)(e), beginning January 1, 2004. Motion to implement January 1, 2004 carried unanimously. Fleetwood stated a public hearing on this item would be held in two weeks. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at Jill Nixon, Minutes Transcription Planning and Development Committee, 9/23/2003, Page 10 1 2 3 4 5 6 7 8 9 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. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Committee Chair Planning and Development Committee, 9/23/2003, Page 11