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HomeMy WebLinkAboutPlanning October 23 20011 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 48 WHATCOM COUNTY COUNCIL Planning and Development Committee October 23, 2001 The meeting was called to order at 1:30 p.m. by Committee Chair Dan McShane in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Also Present: Connie Hoag Sam Crawford Absent: None COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP TO BRING CONSISTENCY TO THE SOUTHERN UGA BOUNDARY FOR LYNDEN AND THE COUNTY (AB2001 -310C) Sylvia Goodwin, Planning Division Manager, stated this consists of two applications amending the Lynden urban growth area (UGA). One site is 24 acres and is on the southern boundary. The other site is also on the southern boundary, and is 1.58 acres. The Blankers- Sanders site is mostly in the floodplain. It is agricultural land now. Most of the property is in open space agriculture. There are several parcels together. Staff originally recommended denial because of flood plain issues and it is in agriculture. There was not a demonstrated need for additional urban growth land in Lynden, which currently has a water moratorium. Staff was also concerned about the boundary, which is not a logical boundary. It is angled across four parcels. The old ditch line has been plowed and may not be in the exact location. The Planning Commission approved a modified site. Staff recommends the Planning Commission recommendation to take the existing line and extend it in a straight line to the west at the same angle. Most of the land is out of the flood plain. It would leave some developable land for the Blankers- Sanders property. Deleted is the Timmers location. The Timmers testified that they were not in favor of the application. Staff felt this would still allow the Blankers- Sanders use of their land and would exclude the land belonging to the Timmers, who do not want to be included, and create a more logical boundary. The County began working with the City over a year ago to get the two urban growth areas consistent. The Blankers- Sanders property couldn't be adjusted that time because it wasn't in the City's Comprehensive Plan or the County's Comprehensive Plan. The City approved the addition to the urban growth area already. Hoag asked the current use of the property. Goodwin stated there is one house on .9 acres of the parcel. Half of it is in the city now, and half of it is out of Planning and Development Committee, 10/23/2001, 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 the city. The rest of it is in agriculture. The parcel size is 24 acres total, and is divided in to several pieces. Five acres are in Open Space /Agriculture, which are owned by the Timmers. Eight acres are in Open Space /Agriculture, which are owned by the Blanker Trust. Eleven acres are in Open Space /Agriculture, which are owned by Arnold Blankers. That is the original proposal. Doug Campbell, Associated Project Consultants, stated one - fourth of an acre is residential now. The balance, 8.25 acres, is agriculture. Hoag asked if any is in the flood plain. Goodwin stated a small portion is in the flood plain. There is developable land outside of the flood plain. Approximately two - thirds of the property is outside of the flood plain. Campbell stated the City of Lynden would argue that none of it is in the flood plain. Whatcom County would argue that there are two to two and a half acres in the flood plain. The total is eight acres. Goodwin stated Whatcom County uses the official Federal Emergency Management (FEMA) flood plain map. The City of Lynden uses an imaginary flood plain. Hoag questioned whether that property has flooded in recent years. Goodwin stated one of the Timmers reported that it has. She didn't know which location has flooded. If the Council is going to modify the Planning Commission recommendation, there will have to be a public hearing. She will make sure the Flood Division staff are present. Staff is comfortable that, as modified, there is enough developable land outside of the flood plain that the flood issue is not a concern. Arlene Blankers- Sanders, applicant, stated the revised proposal is for eight and a half acres. None of that has been flooded. The portion of the property removed from the proposal had been involved in flooding before. McShane moved to recommend approval. Hoag questioned whether the applicant has to prove that the application has to meet a special threshold because it is not in the regular Comprehensive Plan year. Goodwin stated anyone can come forward and ask for an amendment on any year. The County Council must decide whether or not to docket those items. This is one item the Council decided to docket. There are firm criteria in the Comprehensive Plan that the Council uses to judge the applications. The changed condition is always an issue. The applicant provided a changed condition, and the Planning Commission made a finding. There has to be a finding if there is a changed condition. Crawford read finding of fact number seven into the record. Planning and Development Committee, 10/23/2001, 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 Goodwin stated there has been development in the surrounding area. The City of Lynden amended its Comprehensive Plan to include this piece of property. It may or may not be a changed condition, but it is a condition that was different from when the County Council originally approved it. ' McShane stated there is a first go- around of what the southern UGA boundary for Lynden would be. The Council made quite a few small changes along that boundary. They are still putting the pieces together along there because it is complicated. There is a flood plain and lot lines that don't follow the flood plain. The County Council believes the County has a significant interest in making sure that urban development doesn't begin to encroach upon the flood plain. That would impact the entire county. Crawford stated he is in favor of the motion. It is a good compromise. He didn't hear much feedback from the applicant on the amended proposal, which draws the line straight. He assumes they are in favor of it. Hoag stated she is opposed to the motion. The Lynden UGA already has plenty of room for growth. The changed condition doesn't merit more growth in the Lynden UGA. The Van Dragt amendment straightens out a line and makes more sense. The Blankers- Sanders change takes more land out of agriculture. There is not a basis for it. The smaller cities should concentrate on infilling the UGA they already have. Motion carried unanimously. McShane stated that, for unanimity, he wanted to approve the applications separately. He moved approval of site one, the Blankers- Sanders site. Motion carried 2 -1 with Hoag opposed. McShane moved approval of the Van Dragt property. Motion carried unanimously. 2. ORDINANCE AMENDING AND UPDATING THE 1990 POINT ROBERTS SUBAREA COMPREHENSIVE PLAN, THE OFFICIAL WHATCOM COUNTY ZONING MAP, THE OFFICIAL COMPREHENSIVE PLAN MAP, AND AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN (AB2001 -310E) (Clerk's Note: The committee took a five - minute break.) McShane moved to recommend approval. Crawford stated the proposal was flawless. Planning and Development Committee, 10/23/2001, 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 48 Hoag questioned whether the third option for transitional zoning is included in the motion. McShane stated it is in the proposal now. Rick Seplar, consultant, stated there was concern by staff regarding the functional utility of transitional zoning, which was amended by the Planning Commission. The original plan called for two designations, one when services are not provided, and the second when services and design objectives were met. The concern raised was that the Planning Commission recommendation suggested that one could choose between the existing density, the new proposed density, and what could be accommodated by transitional zoning. That would be confusing, and very difficult to administer. People of the community who attended voiced a number of property- specific concerns. In terms of the plans operative issue, that issue was the one that merited most discussion. (Clerk's Note: The committee took a one - minute break.) McShane stated the committee came up with two options for transitional - zoned areas. The Planning Commission added a third option. Seplar stated transitional zoning came out of a realization that Point Roberts has legal platted lots to suffice for 50 years of growth. However, there were many comments about the undivided land and the reason these lots were not likely to sell. The committee considered how to allow additional lots to be created when they have more than enough of a supply, and still be consistent with Growth Management in terms of population, allocation, and capacity. Crawford questioned whether the third option from the Planning Commission would prevent people with already - platted lots from developing those lots. Seplar stated it would apply to future subdivision. Crawford stated that someone with urban residential three units per acre (UR -3) zoning now in the transitional area can still develop those three houses in the future. This would only apply to someone with lots that are not currently subdivided and would prevent subdividing to any density higher than one unit per five acres, or one unit per acre if sewer is available. Seplar stated platted lots of record remain. This does not extinguish a preexisting platted lot. The owner of an un- platted tract who wishes to divide it would have to do so consistent with the requirement of transitional zoning. A platted lot remains viable. Hoag questioned whether the third option applies to places that aren't platted. Seplar stated that is correct. It also applies to places that are under - platted compared to what the density would allow. McShane questioned whether the Planning Commission's third option is to allow subdividing to the lower density and building the houses now. In the future, one may want to subdivide further. Seplar stated the Planning Commission said Planning and Development Committee, 10/23/2001, 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 48 that transitional zoning makes sense as a way of getting better lots. They didn't want to extinguish someone's expectation for an unplatted piece of property now. They tried to preserve a higher yield, regardless of whether they provide higher design standards or a better design. The third option circumvents the objectives of transitional zoning, to get better quality lots. If scrutinized, one could argue that is why they allow additional density. They are not getting more lots, but they are getting better lots that preserve the character and all the other things supported by the plan. If one can divide property as is allowed today, it is not likely that people will voluntarily provide open space or do clustering. People may do that, but the County could not be assured. Brenner questioned whether a person can be forced lot consolidation. Goodwin stated the County Council adopted a liberal lot consolidation policy a few years ago. If a person is not in the flood plain, zoned forestry, in the shoreline, and has at least 4,000 square feet, he or she is not consolidated. Many of the small lots in Point Roberts are 40 feet by 100 feet, so they are 4,000 square feet. Brenner questioned whether it is possible to have three lots in an acre. Crawford stated it is. A 4,000 square foot lot is about one -tenth of an acre. Property zoned UR -3 or UR -4 will have lots that are bigger than 4,000 square feet. Goodwin stated most of the platted lots are a higher density than four lots per acre. Most are six or eight lots per acre. Even the smallest lots in Point Roberts are at least 4,000 square feet. Hoag questioned whether the committee commented on the Planning Commission recommendation. Seplar stated he did not meet with the committee in total after the Planning Commission made its recommendation. However, he has had conversations with committee members. One member expressed a concern with the recommendation. Seplar stated it would be more compelling, if the plan is challenged, to suggest that the existing lots, although legal and valid, have sat vacant for a variety of reasons. They are not desirable by their location. New lots are being platted because it is a better way to preserve the special character, open spaces, and other characters identified in the body of the plan. It meets the expectations of many of the long- standing property owners who have held acreage with the hope of dividing in the future. It is a committee - generated compromise. Michael Rosser, Point Roberts Subarea Plan Steering Committee, stated he represents the Taxpayers' Association on the committee. They were faced with the problem of having too many lots that aren't selling, and other people still might want to subdivide in the future. There is a strong contingency of people who have always said that much of the area that is transitionally zoned ought to be parkland. Many studies agree with that point. The previous plan and the economic development strategy agree. The committee had to figure out how to accommodate the desires of many different people. It looked at successful developments throughout North America. They offered the transitional zoning that Planning and Development Committee, 10/23/2001, 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 lets people subdivide, and allows open space to remain. Transitional zoning allows subdivision if it allows for open space to remain to maintain the qualities that have made Point Roberts attractive to the people who live there now. Property with UR- 3 zoning that is platted would be grandfathered. If it is not platted, it would be affected by the transitional zoning. The commission's third option doesn't really make any change at all. It effectively says there is no change. With UR zoning, one can't develop at that density until there is sewer. They are involved in developing a sewer plan now. It is unlikely they will have sewers in Point Roberts within the ten year scope of this plan. The practical effect of the Planning Commission's option is to hold back beneficial development in Point Roberts. The community would benefit from open space planning because of the added benefits of stability in the environment. Transitional zoning preserves the development possibilities and the environment. They also wanted to make it as inexpensive as possible for those sewer systems to be put in. That is why they require things such as a community septic field. Brenner asked if any objected to transitional zoning. Rosser stated he couldn't speak for everyone. One of the property owners at one of the meetings has platted property with water service. That property owner thought the goals of the transitional plan were laudable. He didn't recall any comment from other large property owners. Goodwin stated there are quite a few property owners in Point Roberts who prefer to be zoned at a density of three units per acre instead of one unit per acre. Brenner asked if anyone on the committee was in that situation. Find a way to share the burden so certain people are not overburdened, while those who make the decisions have no burden. Goodwin stated that not many of the committee members have large tracts of vacant land. All of the UR -4 and UR -3 zoned land in Point Roberts is now held at one unit per five acres because there isn't public sewer. There may never be sewer. This would allow an owner greater use of his or her land by allowing the owner to develop at one unit per acre. Hoag stated many of the parcels that would be transitioned from UR -3 are very large parcels. Goodwin stated Lily Point will not change much. Half of it was already zoned R10A or UR -4. When they add it up and divide it under the one unit per acre, it ended up having the about same number of lots, which is approximately 150. Crawford questioned whether the letters from Point Roberts residents opposed to zoning changes were received after the committee met. Seplar stated he believed so. (Clerk's Note: End of tape one, side A.) Seplar continued to state that any changes to the zoning map that permits greater density in the face of having a more than adequate density already has to Planning and Development Committee, 10/23/2001, 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 48 be justified. If transitional zoning is not appropriate, then they could modify the subdivision code to make it a requirement, and keep existing density. Goodwin stated many of those people spoke to the committee. Those views were known. Those particular letters might not have been received. McShane stated people can't subdivide, no matter what the density is, because there is no sewer. At some point in the future in portions of the Point, there probably will be sewer. He questioned whether this transition zoning and clustering make it easier to obtain much higher densities in the event that a sewer line went in, in terms of cost to the property owner in the vicinity. He questioned whether that makes sense. Seplar stated it might allow some fringe properties to further divide into a higher density if one has sewer. This goes back to the long- term vision. If they wish it to be more urban, then don't allow any development at lower densities to force the sewer. If the zone was one dwelling unit per ten acres until there is sewer, there would be the motivation for a local improvement district (LID) to create the sewer. The economics are not there to sustain something like that. McShane stated reducing density as much as possible would be a good idea if they want higher densities in the future that are efficiently served. This is a compromise. It may create some opportunity. Seplar stated the committee felt it would allow for reasonable development to occur to a better design than what can currently occur. Brenner asked why so many people are opposed to this if this is a compromise which would allow people who are affected to have more options. Seplar stated the entire plan, including the zoning map, is subject to scrutiny of and potential appeal to the Hearings Board. The Hearings Board has held that creating more lots outside of urban growth areas is inconsistent with the growth management act, especially if there is a 20 to 50 year supply of existing lots. There is a legal constraint that says there are enough lots, and to downzone everything. The community is active in saying they bought their lots with an eye towards getting a return on their investments. The County must amend a plan that is subject to scrutiny. The committee, acting on advice, seemed like this was the best deal. They are creating more lots. There is the potential that more lots could be created the day after this is done, but to a higher standard. If there is scrutiny, one could make a compelling case that the existing lots, although legal, are not desirable. The new lots would be desirable, and they preserve the special community character that everyone noted. That is the compromise. The people who wrote the letters of opposition prefer to have the yield without having to provide open space or clustering. Brenner stated she was concerned about landowners not being able to develop at their zoning level. She recalled that another county tested the theory that they don't have to downzone something if it is not in the UGA, but is already platted. Goodwin stated Whatcom County tested that in court. In Point Roberts, the areas that areas considered isolated areas of more intense rural development Planning and Development Committee, 10/23/2001, Page 7 1 can remain so if the County doesn't make any changes. In this plan, they've taken 2 a lot of the rural areas of Point Roberts and created transitional zoning. They are 3 taking rural areas and converting them to a higher density. She asked how to 4 justify doing that without decreasing the density in some of the areas they earlier 5 identified. Under the growth management act, the areas of more intense rural 6 development can infill, but cannot expand. That is the test. 7 8 Rosser stated the committee looked at how to make the lots desirable. They 9 looked at lot consolidation and incentives. The committee hoped to make the other 10 lots desirable by doing this, if the transitional development occurs at the higher 11 quality levels. The problem is that the environment that exists is not a known 12 quantity because much of it is undeveloped and rural. People like it there for that 13 reason, but if it is going to change into a subdivision, the appeal to people will go 14 away. They have to consider whether Point Roberts is suitable to be a subdivision. 15 The committee considered what is the highest and best conclusion for Point 16 Roberts. The area is not booming because of the border. 17 18 Brenner asked if there is a plan for schools on Point Roberts. Seplar stated 19 there is not enough population for schools. 20 21 Hoag moved to delete the language recommended by the Planning 22 Commission regarding the third option. Staff's concerns and the public's concerns 23 don't match with the language in the Planning Commission version. 24 25 Crawford stated this is a subarea plan. He asked if there is an assumption 26 that a rezone is necessary to develop a good subarea plan. He asked how critical 27 the rezone is to the plan. Seplar stated it is central to the plan. They would have 28 nice goals, but no change in how people do business. Development would be 29 piecemeal. 30 31 Crawford asked about the community's desire to retain the character. Seplar 32 stated the character is due to the undeveloped land. There is no mechanism to 33 preserve the land in an undeveloped state. The committee and community have to 34 look forward to where lots will be developed over time. If development happens 35 quickly, these areas that are considered community assets will not be there 36 anymore. They are trying to create a placeholder so that, as land develops, some 37 aspects of the assets are retained. When things fully develop in a ten, fifteen, or 38 twenty year horizon, they can say that not all of the amenities have been wiped 39 away. 40 41 Brenner stated the issue of protecting character is different than protecting 42 water quality, for example. It seems that some people are unduly burdened while 43 others are not. She asked if there is a way to use the transfer of development 44 rights plan. They are moving density around instead of increasing or decreasing 45 density. Seplar stated transfers of development rights require lots of folks who 46 desire to do something in an area, and need a sending area and a receiving area. 47 If the market is not red hot, they are not worth anything. 48 Planning and Development Committee, 10/23/2001, 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 48 Brenner stated they need to balance the people who are losing their ability to develop and the people who are not being burdened. There has to be a shared financial burden. Seplar stated many people are looking at up -zones and complaining about zoning they didn't get 25 years ago. Also, the zoning is worded "up to" a certain amount of density. That density is not guaranteed. One of the key determinants of where the transitional zoning went was an assessment of what the carrying capacity of the land would be. That is to say that they couldn't have made the existing zoning density because of drawbacks to the land itself. Staff tried to balance the folks who had a paper expectation, but the physical characteristics of groundwater, location, and soils limited the zoning. Another option to consider in lieu of transitional zoning is to say that all subdivisions must have open space and do clustering. For those who don't want to do that, they would be allowed simpler, larger parcels. Folks can choose not to cluster. Hoag questioned whether they could include something about areas that have been up -zoned functioning as receiving areas. Goodwin stated that would require an amendment to transfer of development rights (TDR) section of the code, and they would have to go through a process of identifying sending and receiving areas. Delay this plan and get all the mechanics figured out first. Otherwise, there will be mass confusion when they amend the zoning code. There may be more sending areas than receiving areas. Seplar stated that if they are going to do that, do it as soon as possible so as not to depreciate the effectiveness. The challenge with TDR's is with someone who gets dwelling units taken away. There is a certain degree of exposure. However, there is a good policy base in the plan regarding the character and the area. Everyone agreed on the community vision for the future. There was no dissention about having a community that was treed with open space, and preserved the natural features. The divergence of opinion is how to get there and what it will be like. Hoag stated there wasn't any dissention about the vision for the future. The committee recommendation is a compromise between those who want to see the land left as open spaces and those who want to see more development allowed on Point Roberts. The third option loses the compromise. It is important to respect the committee and the compromise that the community reached. Nelson questioned whether dwelling units are allowed in commercial zones. Goodwin stated small town commercial zones allow dwelling units above commercial space. People envisioned businesses on the ground floor with apartments above. One sees that a lot in other parts of the country, but not in Point Roberts. One sees that configuration some in the City of Bellingham. Those types of mixed uses are not allowed in the county in any zone other than small town commercial. It is not common right now. When they try to get more people living within walking distance from work, it is a technique that works. In many of the new innovative planning designs, there are mixed use zones. Planning and Development Committee, 10/23/2001, 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 48 Nelson questioned whether 129 dwelling units would be the full capacity. Goodwin stated that is the estimated top build out, which probably won't happen for a while due to market factors. Many of those are going to be owned by Canadian visitors or out -of- the -area visitors as second homes, or rental homes. Nelson asked about a capacity of 271 for resort commercial. Goodwin stated she expected to see full build out on those. A lot of the people who wanted resort commercial were originally proposed for small town commercial. They are along the waterfront. They envision something like condominiums. Nelson asked about three dwelling units allowed in the general commercial zone. Goodwin stated there can be one unit per parcel in the general commercial zone for a caretaker or an onsite living unit. Nelson asked how realistic getting sewer is. Goodwin stated it depends on who one talks to. Sewer is unlikely for all of Point Roberts, but may be possible for the village center and a few of the higher density areas, possibly around the marina, within five or ten years. Nelson stated scenario B is the more realistic potential over the next twenty years. Goodwin stated that is fair. They are working on a feasibility study, but she believed it would be fairly expensive. Nelson asked how much of the resort commercial can currently be built without sewer. Goodwin stated not a lot. Density, over a couple of units per acre, is unlikely without sewer. The marina has built a community drain field to serve its development. There is a middle ground. There would have to be enough people to support the system. Nelson asked the history of the population increase on Point Roberts. Goodwin stated it is about 35 people per year, lately. Nelson stated that from 1990 to 2000, the increase has been about 800 people. At 2.2 people per household, there is less than a 30 year build out for scenario B. That assumes everything is built out. In the last 20 years, the population has doubled, from 2,000 to 4,000. The increase is about 1,000 per decade. Goodwin stated scenario B, at the current rate, would supply housing for 20 years if public sewer isn't available. Crawford stated that if they did nothing, they would have less available with no sewer. He questioned whether scenario B included the Planning Commission's third option of staying with UR -3. Goodwin stated it did include the Planning Commission's option. Amy Pederson, Planner I, stated the lowest possible yield for the no -sewer option would be one unit per five for some of the transitional properties, so that is what was assumed. Planning and Development Committee, 10/23/2001, Page 10 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 48 Crawford asked why scenarios A and B would not be the same, if someone can develop to today's densities. Goodwin stated they changed some of the commercial zoning and zoning in rural areas from R10A to R5A. Nelson stated it was a balancing act between the two. They are looking at approximately the same densities and build out potentials, but a shift of the land used. Goodwin stated the shift would result in a slight increase. Nelson asked if there is a limitation on water capacity. Goodwin stated there is. Right now, they only have enough water to serve a couple of hundred more houses. They buy water from Vancouver. If the demand is there, they could possibly renegotiate the contract and purchase additional water. Nelson questioned the number of single - family wells in the area. Goodwin stated there are not many. There is not a lot of groundwater in the area. McShane restated the motion to remove the third option as presented by the Planning Commission. Motion carried 2 -1 with Crawford opposed. McShane stated the Planning Commission added language to policy 1.5.1 on the plan. He asked if the idea is that nonconforming commercial properties become commercial now. Goodwin stated two existing businesses and one vacant lot would be zoned commercial. Hoag stated there were a number of letters from the Mr. Nielsen. Goodwin stated the Planning Commission approved what Mr. Nielsen requested. McShane stated he would not suggest any changes from what the Planning Commission did. Goodwin stated Ruby White also wrote several letters. She owns the other business. Her issue was addressed. McShane stated he got one letter in the other direction of not wanting that to be allowed, but he is okay with it. The third area is the end of Georgia Way. Under the current zoning, the individual is out of compliance. If the zoning is changed, the person will be in compliance. The person has storage units. Goodwin stated the resort commercial zoning that is on that property now allows a number of commercial uses including garages. This individual built a garage, and now rents it out as a mini - storage and has turned it into a commercial use that isn't allowed. The owner has been out of compliance for a long time, and is required to comply with the code. If this area was rezoned, the owner would be allowed to maintain the mini - storage. Some of the other issues with the property would probably still be addressed. Planning and Development Committee, 10/23/2001, Page 11 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 48 Hoag questioned whether the neighbor's concerns would be addressed. Goodwin stated the neighbor is Mr. Dean Enbo. The proposal aggravates Mr. Enbo's concerns. Mr. Enbo prefers that that, which is residential, be removed from the small town commercial designation. Just include the areas that front onto Gulf Road. She can't think of a reason to not do that. There is no reason that the area, other than that one parcel, would be likely to convert to commercial. Hoag asked if any other businesses would be impacted. Goodwin stated there are no businesses in that area other than the ones that front onto Gulf Road. If the Council keeps the row of lots along Gulf Road commercial zoning and puts the rest of the residential areas into residential zoning, it would address Mr. Enbo's concerns. Hoag moved to revise the map to make those lots fronting on Georgia Way rural residential, two dwelling units per acre, and leave those lots fronting on Gulf Road as resort commercial. (Clerk's Note: End of tape one, side 8.) Goodwin stated that before, they were resort commercial. Hoag questioned whether any development potential is taken away if they zone them RR -2. Goodwin stated it takes development potential, but most of them are currently developed as single family homes, and are unlikely to redevelop as a commercial use. Brenner stated they may want to do a home occupation or cottage industry. The way it is developed now is about all they can ever do. Goodwin stated a home occupation can still be done in the rural residential zone. Brenner agreed. Their potential really wouldn't be taken away. Hoag asked what happens to the guy who has the illegal units that are causing problems to the neighbors. Goodwin stated the neighbor would still be illegal under the rural residential zone. Goodwin stated the owner was advised from the very beginning, when he requested a permit, that a garage is not a mini - storage and all that could ever be stored there were vehicles. The owner chose to do what he did. There is no residence there. Motion carried unanimously. McShane stated they need a public hearing about the one change they made from the Planning Commission recommendation. Nelson asked about two parcels that are in the agricultural protection overlay (APO). Goodwin stated the APO applied to every parcel that has agriculture soils or that are in agriculture open space. The Council could change it by amending the APO or, as part of the subarea plan, exclude Point Roberts from the APO. One Planning and Development Committee, 10/23/2001, Page 12 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 parcel is being used as an airstrip. The owner wants to plat it for an air park with parcels that include a hanger. They can't do that without clustering and keeping it open. If they cluster the parcels small enough to comply, they are going to have a hard time fitting airplane hangers with airplanes. The area is not currently being farmed. The most that is being done is hay mowing surrounding the airstrip. Nelson stated the other APO area is owned by Knutsen, who owns the Reef Tavern. He hasn't done any agricultural practice. Hoag moved to amend the zoning text so that it removes Point Robert from the APO. She fights hard for agricultural land, but they can't farm these areas. Goodwin stated that staff would write up that language. Motion carried unanimously. Motion to recommend the plan as amended carried 2 -1 with Crawford opposed. 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN MAP TO BRING CONSISTENCY TO THE NORTHERN UGA BOUNDARY FOR FERNDALE AND THE COUNTY (AB2001 -310D) (Clerk's Note: The committee took a 15- minute break at 3:15 p.m.) Sylvia Goodwin, Planning Division Manager, stated the proposal is to amend the Ferndale urban growth area (UGA) boundary to add a ten -acre parcel on the east side of the freeway, north of Grandview, and to rezone that ten -acre piece to light impact industrial. Currently the UGA splits the parcel. It was a mapping error done when the Comprehensive Plan was adopted. In this case, the UGA boundary followed a section line, which someone thought was a property boundary. Ferndale had public hearing and made a recommendation to add the ten acres to the UGA. The Planning Commission also recommended adding it to the UGA. The applicant proposes a light industrial park in that area. Access is off the Grandview Road area or the frontage area near the freeway, not around the residential neighborhood. The surrounding rural neighbors would like the area to remain rural. Most of the area is already in the UGA and zoned commercial. Staff recommends approval. There are questions about buffering. There is a 50 -foot buffer requirement for all light industrial land bordering on rural land. At least 25 feet has to be landscaped in a solid screen of buffer. The adjacent residents would be adequately protected. There is also a concern about a creek going through the area. Those issues could be adequately addressed by environmental regulations. Crawford asked why the northern -most boundary doesn't extend across the freeway. Goodwin stated the adjacent owners didn't request to be added. There is some farming and other rural uses in the area. Planning and Development Committee, 10/23/2001, Page 13 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 48 Hoag asked why Mr. Jansen's 72.1 acres is highlighted on the map. Goodwin stated that acreage is already in the UGA. They are talking about a rezone of the property. At this time, they are going to the Hearing Examiner for the site - specific rezone of that piece to go along with the binding site plan proposal. The ten acres is part of the same parcel. They are in one ownership. It is all one parcel. Hoag questioned whether the stream is a salmonid stream. Goodwin stated it is the headwaters of California Creek. She didn't know if salmon went that far up. Hoag asked if there are any policies that talk about light industrial activities in relation to threatened or endangered species. Goodwin stated not specifically. Throughout the Comprehensive Plan, it says that salmon should be protected. If they can protect the salmon adequately with buffers, the area can be left an industrial area and still be consistent with the Comprehensive Plan. Crawford questioned whether the Public Utility District's (PUD) response satisfies any concerns about water provision. Goodwin stated it does. It will probably be expensive, but will be at the developer's expense. The district has said that water is available. Crawford questioned what type of sewer system would be used. Goodwin stated it would have a septic system. Right now, the Grandview Business Park and other business parks in the Grandview area are all on septic systems. If they are going to do something that requires heavy processing, such as food processing, they would need a sewer system. Many light industrial uses are not very sewer - intensive or water - intensive. Crawford questioned whether there are regulations about how light industrial uses can be constructed, given the area's proximity to California Creek. Goodwin stated the critical area ordinance requires a 100 -foot buffer along all anadromous rivers. All of the wetlands in that area would also be protected by the critical area ordinance or could be altered if there was mitigation for compensation. The development would have to have an improved stormwater plan for all the hard surfaces. There would be some treatment and retention of the stormwater before it is discharged into any of the rivers. Crawford asked about the soils in the area. Goodwin stated agricultural soils are not an issue. There is some agriculture in the surrounding area. The problem with soils is the high water table. The surrounding area is being farmed with cattle grazing. Hoag asked if it is in the agricultural protection overlay (APO). Goodwin stated it is. It is part of a 72 -acre piece. The entire parcel is 72 acres. If it was rezoned, it wouldn't be in the APO. Hoag questioned whether a strip mall fits in a light impact industrial (LII) zone. Goodwin stated this parcel is not in LII, but the front half is zoned general Planning and Development Committee, 10/23/2001, Page 14 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 commercial, which allows a commercial strip mall. It couldn't be on the proposed ten acres. If it was rezoned to LII, it couldn't be a commercial strip mall. Hoag asked what happens to the rest of the parcel to the east. Goodwin stated there is not a request before the Council today to zone it light industrial. The applicant intends to take the parcel to the Hearing Examiner as a site - specific rezone associated with a binding site plan that would approve the development. It doesn't require a Comprehensive Plan amendment because it is already in the urban growth area. Under the current zoning codes, one can do a rezone concurrent with a development if it is part of the UGA and consistent with the Comprehensive Plan. The applicant's intent is to do a light industrial development in the entire parcel. Dawson asked the zoning north of the ten acres. Goodwin stated that zoning is rural, one dwelling unit per five acres (R5A). Brenner stated they are supposed to try and make UGA boundaries linear. This property sticks out. She asked the reasoning. Goodwin stated the thinking at the time it was done was that it is in one piece owned by one owner, and that since half of it is zoned commercial already, the entire piece should be included. Brenner stated this puts the pressure on to infill the UGA with that rural triangle area. Goodwin stated the boundary is unusual because the Grandview Business Park and the other industrial uses were already there. They already had commercial zoning at the I -5 interchange. The thinking is that eventually Grandview will continue over the Nooksack River to the Pole Road several years into the future. It will continue to be a major intersection of the county, and the commercial zoning will go all the way around the intersection. Brenner questioned whether the general commercial zoning happened after the area was designated for the UGA. Goodwin stated no. It has been there for a very long time. Brenner stated she couldn't recall why they decided to enlarge the area. Goodwin stated she would have to research the history. Hoag stated she agreed that the parcel should not be divided, but was concerned about zoning it LII because of the compatibility to the surrounding property. Heather Whalen, spokesperson for the Al Jansen, showed a map of the property. Theoretically, the UGA boundary should have followed the property boundary. When something is included in the UGA boundary, it is given a designation for when it is developed. Goodwin stated the zoning remains rural, but the City of Ferndale designated when the areas in the UGA would develop. The County tries to defer to what the Planning and Development Committee, 10/23/2001, Page 15 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 48 City proposed for their UGA. The City designated it light industrial, but it is still zoned rural by the County. McShane stated that is when the applicant goes to the Hearing Examiner for a specific site plan. Goodwin stated the County has not done any site - specific rezones yet. This will be the test case. Brenner stated the purpose is to make regular UGA boundary. It would have been better to not include this property. Whalen stated she researched the history of this. When this was done, most people thought the I -5 corridor would be a developed area. The owners who wanted to participate in that tried to. The ones who are established otherwise didn't try. The City of Ferndale is working to try and square off their UGA. They have preliminary maps drawn up. Whalen continued to state that she wanted to discuss the UGA designation and why it is designated light industrial. The rezone is separate from Comprehensive Plan amendment. The Council will get to review the rezone application later. The applicant has drawn up plans and has done soil, habitat, and creek studies. They have had officials look at the area. They get all the water from the culverts around the AM /PM mini -mart and under Grandview. That is where the creek starts. It is a ditch along a county frontage road. It seems more creek -like in the ten acres, and it goes under I -5 and along Portal Way. It is hard to tell if it is a creek. No one agrees what it is. The applicant has done a lot of work on it, and agrees to put in 100 -foot buffers. It feeds into California Creek as the southeastern headwater. They are doing a landscape buffering design for the development and for the creek. They are going to enhance the creek on the property. Dawson asked about the industrial build -out west of the freeway. Goodwin stated there are a few vacant buildings in the industrial area. East of the freeway, many of the parcels are developed. Brenner stated this is a UGA, which means the intent is to not be rural any more. She asked what other use the area could have if they don't approve this use. Goodwin stated a UGA is expected to be converted to urban over the next 20 years. Another option would be to leave it rural for another five or ten years until there is a demand, or put it in a high density residential use. Brenner asked if the County can designated the use if the City of Ferndale wants to rezone it. Goodwin stated the County could, but would need to talk to the applicant and the city because there might not be an interest in putting in a higher density residential area. The proposal now is not to rezone the rest of the 50 acres. The only proposal is to add the ten acres to the UGA and rezone them. Whalen stated the proposal is to be rezoned with the rest of the property, not now. This is only an application for a Comprehensive Plan amendment. Goodwin stated the proposal and recommendation is to add it to the urban growth area and rezone to industrial. Ten acres would be rezoned. The rest of the Planning and Development Committee, 10/23/2001, Page 16 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 48 parcel would be rezoned at the time of the site - specific rezone development application. The Council could add it to the urban growth area and leave it rural. Hoag stated that is what she wanted to do. Whalen stated the original application did not request to rezone this ten acres. Goodwin stated the Council could modify the Planning Commission recommendation. Add it to the urban growth area, and leave the zoning rural. (Clerk's Note: End of tape two, side A.) Goodwin continued to state that the peninsula of light industrial would only be temporary. The proposal is to make the rest of it industrial also, unless it is denied. Brenner stated that if the Council considers making it a higher density residential, it needs to talk to the City of Ferndale. Goodwin stated she would recommend against zoning it for a higher density residential area. If they are going to add it to the urban growth area and not make it light industrial, than leave it rural until there is a better plan. She suspected there is not water and sewer capacity to make it higher density residential right now. Whalen stated the applicant's plan was to incorporate the ten acres into the design if it is included in the UGA. It would be better if the entire parcel is inclusive, and have a substantial buffer along the side. McShane questioned whether the ten acres would work if it is left zoned R5A, but is included in the UGA. Whalen stated it works. The water goes from the AM /PM, under Grandview, across Banner Business Park, through a culvert under I- 5, and then in a ditch along Atwood Road. Then, the water curves into the property. As it goes into the parcel, it begins to look like a creek. The applicant proposed to Fisheries to move it further into the ten acres and fully buffer and landscape the creek. It is a benefit to the applicant because the parcel would be undivided, a mostly buffered area, and keep the creek away from the industrial area. The applicant's goal is to have the zoning and utilities established so that, as the market is available, the land is available. Each buyer would have to apply for a site - specific rezone and design buffers on each of the parcels. It would all go through the review process. Hoag questioned whether it matters if the zoning remains rural if it is included in the UGA. Whalen stated it would make a difference in that it is a better incentive to want to do this. Each of the industrial buyers will have buffers and designated open spaces. There will be severe buffers to the creek area. Brenner stated she wanted to get some history on why this boundary was done the way it was. There are some areas of the boundary in the Ferndale area Planning and Development Committee, 10/23/2001, Page 17 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 48 that were allowed to be more irregular they didn't want to divide the property. She didn't know if this was one of those parcels. She asked if the ten acres was a different parcel. Whalen stated Al Jansen purchased the 72.1 acre parcel in 1970. Brenner stated there was an irregular boundary for the Ferndale UGA because someone didn't want to split a parcel. She asked why the ten acres was left out. Whalen stated it was a mistake. The boundary follows a section line instead of the property boundary line. Goodwin stated the current boundary that leaves the ten acres out of the UGA was a mapping error. They followed the section line rather than the property line. There was no conscience decision to divide the property. On the map, the section line looked like the property line. Brenner stated they need to do better identifying what they want for boundaries, even if it means cutting through a property. David McVittie, 7086 Atwood Road stated there are a number of industrial buildings on west side of freeway. Many have been vacant for several years. Two industrial parks, and one is owned by Al Jansen. He questions why another industrial area would be put in this area when there doesn't seem to be a need for it. It directly affects the water table. Hoag stated the Hearing Examiner process would change the balance of the 72 acres to light impact industrial. Mr. McVittie's concerns would be addressed at that time. Pete Gustafson, 7092 Atwood Road stated he's owned his land sine 1979. The distance to the rezone area was a comfortable distance, but now they are making it closer to his property. He is concerned about the aquifer under all this area, including the light industrial area on the other side of the freeway. It is a shallow aquifer. The wells are no deeper than 30 feet. There is sand from the topsoil to 30 feet, and below that is clay. Any contaminants from the development are already on the west side. They will potentially go into their wells. Regarding the creek, it is not concrete lined. It is all sand. The west side of the freeway is not a good example of buffering and interior landscaping. Some of the land is now used for potatoes, corn, and peas. It is not just marginal land. Frank Eventoff, 7086 Atwood Road, stated the industrial areas on the west side of the freeway has only been there a few years. The Grandview industrial area is well done, but Mr. Jansen's development is not. Mr. Jansen said he would be very gentle with the land and not disrupt the natural beauty. Within two days of his meeting with Mr. Jansen, the trees were removed. There are 14 families in the Atwood Road area. They have had a couple of neighborhood meetings about this development. Every neighbor except one is concerned about their property values and their taxes. He didn't know how gentle Mr. Jansen would be in the creek. He's seen salmon in the creek years ago. There used to be much wildlife in the area, but it is all gone now. He is concerned about how the stormwater will be handled Planning and Development Committee, 10/23/2001, Page 18 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 and monitored. That area has never drained. The Army Corps of Engineers tested the property years ago, and it could not perk. That is why no one built there. Mr. Ebey came in to re- contour the land and change the environmental conditions. When Mr. Jansen has his environmental test, the evidence will be buried. This used to be marshy land. He is concerned about the environmental impact. He doesn't trust the way it is being done. Hoag asked about the large ponds that were filled in. Goodwin stated they could have been artificially created ponds, even if they were there a long time. If they were wetlands, they could not have been filled. Whalen stated the ponds that Mr. Eventoff referred to are on Mr. Ebey's 20 acres. Regarding the drainage ditch and wetland study, the I -5 ponds have had geographic information system (GIS) aerial photographs taken. They are adjacent to this parcel. There are photographs from the 1960's showing excavation of two triangular ponds. Mayla McVittie, 7086 Atwood Road, stated they are concerned because the ten acres, once approved, is an absurd place to put an industrial park. It is very pastoral. It will impact the neighbors emotionally and financially. There is no need for any light industrial park or mall. Putting in an industrial park would be devastating to the neighborhood. Brenner asked if there could be a strip mall. Goodwin stated the bottom half of the parcel is zoned commercial now, and could be a mall or commercial development. The industrial zone can't have retail. It would have to be warehouse, light manufacturing, or storage. Brenner asked if the idea is to put in a strip mall. Whalen stated the applicant has no plans for a strip mall. Preparing this property for how it is designated and zoned is a huge investment. The point of doing it is for the property value. Al Jansen owns half of the Grandview Industrial Park. They are down to ten or fifteen acres remaining out of an original 150 acres. It is almost sold out. When a buyer comes along for the new development, he or she will have to submit an individual site plan. That is the only plan. They have a general plan for utilities. Crawford stated the rezone is nothing to be concerned about because the zoning code says what the owner can do or cannot do in the light impact industrial zone. Hoag moved to include the ten acres in the UGA, because it appears to be an error. Don't do the rezone. Keep the zone at R5A. McShane stated they would need to schedule a public hearing. Planning and Development Committee, 10/23/2001, Page 19 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 48 Crawford stated this is a classic opportunity for LII zoning in Whatcom County. There are few of those opportunities because of the land base they have and the types of uses that are there. This is located near the freeway, power lines, a major freeway exit, and it makes sense. If this motion fails, he would make a counter motion to accept the Planning Commission recommendation. Brenner stated they could consider not putting it in the UGA at all. It is moving closer to impacting the neighbors. There is quite a bit of light industrial area in the county. If a mistake was made, don't compound it. Adding ten more acres isn't the answer. She liked the buffering plan, and they will have to do buffers anyway. The residential area was already there, and they need to respect it. Hoag stated she agreed with Councilmember Brenner. If there was a shortage of LII land, the other sites across the freeway would be selling fast. They are not, because there is not a shortage. Fourteen neighbors are in the area, and are opposed. That should mean something. She amended her motion to only have a public hearing. Motion to schedule a public hearing to consider all three options carried 2 -1 with Crawford opposed. Hoag moved to recommend denial of the Comprehensive Plan amendment. Motion carried 2 -1 with Crawford opposed. COMMITTEE DISCUSSION 1. BACKGROUND REPORT AND RECOMMENDATIONS FROM THE UTILITY PLANNING AND ADVISORY COMMITTEE REGARDING TRANSMISSION PIPELINES (AB2001 -338) This item was withdrawn from the agenda and will be rescheduled for the Public Works and Capital Projects Committee meeting of November 27, 2001. OTHER BUSINESS Sylvia Goodwin, Planning Division Manager, stated they need to begin scheduling the Comprehensive Plan public hearings soon so they can let the applicants know when they will be. There are three more to schedule. There is no deadline. The zoning code says they should be adopted on or about November 30, which is not likely to happen. They still have to get through the Endangered Special Act (ESA) amendment. The Executive and Finance Division Manager have requested that they don't schedule Comprehensive Plan hearings for the same night as the budget hearing. Planning and Development Committee, 10/23/2001, Page 20 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 McShane stated he may schedule this item and the Point Roberts item for the second meeting in November. (Clerk's Note: End of tape two, side 8.) Goodwin stated she is not aware of any other public hearings that will be scheduled on that night. McShane stated he would talk to the Clerk of the Council about scheduling. The Point Roberts and Ferndale UGA items should be scheduled for the second meeting in November. Goodwin stated that leaves the December 13 meeting to schedule the ESA public hearing. ADJOURN The meeting adjourned at 4:53 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, 10/23/2001, Page 21