HomeMy WebLinkAboutPlanning May 7 20021
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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 7, 2002
The meeting was called to order at 3:05 p.m. by Committee Chair Dan
McShane in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Seth Fleetwood None
Laurie Caskey- Schreiber
Also Present:
Sharon Roy
Barbara Brenner
OTHER BUSINESS
Scott Thompson, Bicycle Pedestrian Advisory Committee, stated the
committee is still working to provide more recreational opportunities for walking
and bicycling. He thanked Planning Director Hal Hart for his good work. The
councilmembers are invited to attend their "Pedal with Your Politicians" on
Saturday.
McShane stated he is planning to attend. Thompson stated they would meet
at the Bellingham Farmer's Market at 10:45 a.m.
Fleetwood stated he is planning to attend.
Thompson stated the committee is planning to add more detail to the
Recreation chapter of the Comprehensive Plan.
COMMITTEE DISCUSSION
1. DISCUSSION WITH PLANNING AND DEVELOPMENT SERVICES
DIRECTOR HAL HART REGARDING PLANNING ISSUES (AB2002 -184)
Hal Hart, Planning and Development Services Director, stated Marilyn Bentley
is a senior planner with 18 years of experience at the County. She has done
hundreds or thousands of hearings on conditional use permits and zoning - related
topics. She embodies the spirit of customer service, and works with applicants when
they come into the department. She teaches a lot of people in the Planning and
Development office how to be customer - friendly. Today she will talk about zoning.
This presentation will be held in other areas of the county as the department does
Planning and Development Committee, 5/7/2002, 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.
subarea planning. Lummi Island made a request to know what the rules of the
zoning game are.
Marilyn Bentley, Senior Planner, stated she would provide a basic overview of
zoning, as she would to someone who doesn't know anything.
Whatcom County has a Comprehensive Plan that divides the county into
subareas. In each subarea, there are zoning designations for various uses. Along
with the zones, there are a number of overlays. When they look at zoning, they
can't just look at what the zoning text says. Everything that is adopted affects how
they can administer the code.
In Whatcom County a property is zoned according to use. There are
permitted uses that are allowed outright. There are accessory uses to those
permitted uses. Administrative uses may be permitted by the zoning administrator
following public notice and review by Planning staff. Then there are conditional
uses, which are uses that are not normally allowed in a specific zone, but which may
be allowed following a public process. Conditional uses are discretionary permits
issued by the Hearing Examiner on the Council's behalf. They are reviewed by the
critical areas administrator, the plans examiner, the Engineering Division, the fire
marshal, and others. In most cases, they require a State Environmental Policy Act
(SEPA) determination. The State Department of Transportation (DOT) or other
agencies may also impose conditions on the permit.
She processes conditional use permits variances, lot consolidation relief and
non - conforming certifications, long plat applications, planned unit developments,
major developments, and binding site plans. She will meet with the applicant,
explain the zoning code, and then tell the applicant whether or not the proposed use
would qualify for the zone he or she is in.
Conditional uses and variances are different. A conditional use permit is a use
permit. A variance is spatial. Someone asks for a variance to vary the setback,
height, or lot coverage in a specific zone.
The staff is divided into teams. She heads up a zoning team to look at zoning
issues, shoreline issues, nonconforming uses, and lot consolidation. A lot
consolidation is an automatic consolidation of more than one adjacent lot owned by
one owner, if one of the lots is nonconforming to the zone. There is a process that
allows people to apply for relief from lot consolidation, but they have to meet certain
criteria.
Roy asked if lot consolidation happens automatically. Bentley stated the
ordinance talks about how the lots will be considered one lot for lease or sale if
certain things happen on them. If they are in different ownership, they can't be
consolidated. There is a lot of staff research that goes into lot consolidation.
Planning and Development Committee, 5/7/2002, 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.
McShane asked if it is something a realtor should research. Bentley stated
that realtors should have a copy of Title 20 in their offices, but they often don't.
McShane stated that an area with lots smaller than what the zoning allows is
a red flag. Bentley stated that is correct.
Brenner stated there are people in real estate who are very aware, and put
adjoining lots in different names. She asked if someone must be granted a
conditional use permit if he or she meets all the conditions. Bentley stated not
necessarily. There are circumstances in which it can be denied.
Roland Middleton, Land Use Division Manager, stated it is a discretionary
permit. Often, a neighbor will show up to a hearing and provide additional
information that can be used to deny a use. If a plan meets all the criteria, it is
approved.
Brenner asked if it could be denied because a neighbor doesn't like it. Bentley
stated the staff deals in fact. A neighbor has to show factual information on why it
shouldn't be approved.
Bentley stated each zone has a category for prohibited uses. If a use doesn't
fit in any of the use categories, it will be considered a prohibited use. If a person
insists on applying for a conditional use, the County can't deny them the right to
apply. The staff can recommend denial of the permit, which sometimes happens.
Part of her job is to educate the public so they don't waste a lot of money and spend
a lot of time applying for a permit they are never going to get, if it is clear that the
Hearing Examiner will not approve a request, because the applicant doesn't meet
the criteria for a variance. Variances are for people who are constrained in a way
that the owner can't develop his or her property. People will be discouraged when
they find out that they might not get it and find out the real cost.
If someone wants to change or expand an existing nonconforming use, she
wants to know if it is a legal nonconforming use. She has to do research to find out
if the use was established legally. She can do a certification after the research is
done. Changing or expanding an existing nonconforming use can happen.
A planned unit development (PUD) is a way for the County to get some public
benefits, such as recreation amenities, and still allow a developer to develop the
property with mutual benefit to the community. The developer can use efficient and
innovative land use design. It allows the developer a greater flexibility in zoning.
When someone is doing a long -plat, he or she will often also do a PUD. They can do
that in an urban growth short term planning area. The developer can apply for a
PUD to do things like increase density, decrease lot width, or change setbacks if he
or she meets certain criteria. There are benefits to the developer by doing the PUD.
It is a trade -off because it encourages maintenance of wildlife and wetland areas.
Planning and Development Committee, 5/7/2002, Page 3
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 Major project /development permits are a large conditional use that will result
2 in more than $5 million in costs, not including the land, and will require an
3 environmental impact statement (EIS). They take a lot of time.
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5 A long plat is a subdivision of more than four lots. Sometimes she gets a long
6 plat for two lots, because short plats can't be re- divided for four years.
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8 Binding site plans are an alternative way of creating parcels for sale or lease
9 that apply to mobile home parks, condominiums, and industrial parks. A general
10 binding site plan applies to the general area being developed, and the specific
11 binding site plan applies to the lots within the general binding site plan. A developer
12 applies for a preliminary binding site plan, goes through the hearing, and gets the
13 preliminary binding site plan approved. Then, the developer meets the conditions
14 that were placed on the permit by the Hearing Examiner and files for the general
15 binding site plan. Last, the developer will come back and do the specific binding site
16 plan. Sometimes they are combined together.
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18 Her job is not just about processing permits. During any given week, she will
19 meet with people all day on Mondays. On Tuesdays and Thursdays she writes
20 permits or goes to meetings. Public hearings are on Wednesdays. On Friday she
21 tries to get in the field. In addition, most of the staff are inundated with phone
22 calls. She could spend all her time doing only historical research for people.
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24 She has to walk the fence between the development community and the
25 environmental community, which is a difficult place to be.
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27 What the Council does is important to staff. If Council adopts an ordinance
28 that staff can't administer, it becomes an enforcement issue. The Planning Division
29 will consult the rest of the staff, who will suggest alternate language that is easier to
30 work with. She's had difficulty working with the urban residential, mixed (UR -MX)
31 zone because of the difficulties in administering it between the two jurisdictions and
32 because of how poorly it was written. In addition, they need appropriate tools to do
33 their jobs. Everyone in the office puts in 100 percent. It is an extremely stressful
34 environment to work in because of the political nature of it.
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36 McShane stated the councilmembers appreciate being able to work with senior
37 staff on their proposed legislation.
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39 Middleton stated Ms. Bentley started off as a land use clerk. She has the
40 most seniority in the Land Use Division, and is second only to Sam Ryan in the
41 Planning and Development Services Department. Ms. Bentley has done over 1,000
42 public hearings in Whatcom County. Less than half of the people she meets actually
43 apply for their conditional use or variance. They will go through the entire
44 explanation process, and decide that they don't want to go forward. The Whatcom
45 County application fee is one of the lowest in Western Washington, but it is still a
46 risk. If it doesn't match the Comprehensive Plan, then the applicant is out that
47 amount of money. The service that the department provides to save that from
Planning and Development Committee, 5/7/2002, 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.
happening is invaluable. The department tries to protect some homeowners from
uses they don't want going in next door, and at the same time help people to realize
their dreams. He is fortunate to have the staff he has.
OTHER BUSINESS
Hal Hart, Planning and Development Services Director, stated he talked with
Paul Parker about green building approach. Of the 39 counties in the state, it has
come down to either King County or Whatcom County. It's about who can have a
real impact in Washington State. Mr. Parker really wants a commitment of one of
the councilmembers to learn about the issue and spend time with the legislative
committee, made up of environmentalists, the Building Industry Association of
Washington (BIAW), realtors, and other councilmembers around the state.
Brenner asked how much of a commitment is needed. Hart stated there
would be about four meetings in the Olympia area. It will be helpful to Whatcom
County as they look at how those homes are constructed and the impact a home,
business, or road has on water quality, this is where the rubber will meet the road.
They are going to discuss new techniques versus tried and true building techniques.
They want to know the State's role. They have an opportunity to either limit their
role or have an educational role in this process. It is a big issue that can have
direct impacts on Lake Whatcom and Drayton Harbor. Whatcom County did 791
new homes in unincorporated Whatcom County last year. That equals to 791 times
this could have an affect.
Caskey- Schreiber stated she would be willing to be involved.
Hart stated there is a legal conference on land use and the environment in
Vancouver B.C. next week. Paul Parker will attend, and suggested that he meet
with Whatcom County officials to have a Washington State Association of Counties
meeting to discuss planning issues, unfunded mandates, shorelines, growth
management, and the water resource inventory areas (WRIA) process. Involve
other department officials and talk about integration of water resource issues with
land use issues. Next year, WRIA plans will come back in terms of the critical areas
ordinance (CAO), shorelines, and enforcement. Keeping it simple is his ultimate
objective. Keep it so it makes sense in the development process as they do good
things and learn about their impacts on the environment. The bottom line, housing
affordability, is also a huge issue.
(Clerk's Note: End of tape one, side A.)
Hart stated they would meet next Thursday at 9:30 a.m. to discuss issues in
Whatcom County with Paul Parker.
Planning and Development Committee, 5/7/2002, 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.
ADJOURN
The meeting adjourned at 3:50 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Committee Chair
Planning and Development Committee, 5/7/2002, Page 6