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HomeMy WebLinkAboutSpecial Planning December 19 20001 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 Special Planning and Development Committee December 19, 2000 The meeting was called to order at 11:06 a.m. by Committee Chair Dan McShane in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Also Present: Sam Crawford Absent: Connie Hoag (Clerk's Note: Due to audiotape malfunction, there is no audio recording of this meeting. The minutes were transcribed from the clerk's notes.) COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.80.730, LAND CLEARING AND 20.97, DEFINITIONS (AB2000 -391) Kraig Olason, Senior Planner, gave a staff report in continuation of the discussion from the previous meeting. There was discussion about what Kitsap County does in regard to this issue. McShane questioned the Revised Code of Washington (RCW) about suspension of review. McShane questioned the impact of a denial of an application. Roland Middleton, Land Use Manager, discussed concerns regarding denial of projects that have already been somewhat, or partially approved Karen Frakes, Senior Civil Deputy Prosecutor, spoke. McShane questioned the size of the Land Use signs. Middleton stated that this issue has been brought to the Council before. The Council has not considered changing the signs. McShane stated he thought the signs should be larger for ease of reading. Olason stated he supported option number one. Jeff Bode, citizen, spoke regarding the language of the six -year moratorium. He suggested removing language, "to the Land Use Division satisfaction." Ginger Essex, citizen, stated the Hearing Examiner needs to be involved. Special Planning and Development Committee, 12/19/2000, 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 Crawford stated he supported option one, with changed language. McShane moved to accept option one with suggested changes from the state Department of Natural Resources (DNR). Add language to section 20.80.730(4)(x), "...and associated buffers or special management areas." Accept Mr. Bode's recommendations regarding the Land Use Division satisfaction. Amend the review criteria section 20.80.730(7)(b)(ii)(A -B) regarding adequate bonding. Add section 20.80.730(7)(b)(ii)(G) and amend section 20.80.730(7)(iv)(D), "...review criteria established in (7)(b)(ii)(A -G) of this section." Nelson stated his concerns regarding burning. He offered a friendly amendment to amend section 20.80.730(6)(d), "...from the site, burned in accordance with the requirements of the Northwest Air Pollution Authority, or chipped..." McShane accepted Councilmember Nelson's friendly amendment. Nelson stated further concerns regarding notification of conversion harvest plans so that the Lake Whatcom Watershed Forestry Forum is aware of what is going on. Possibly forward applications to Forestry Forum as a part of the process for review and recommendations by the Forestry Forum. Crawford questioned the authority of the Forestry Forum. Nelson explained the new resolution regarding the Forestry Forum becoming a task force of the Lake Whatcom Management Committee. Motion carried unanimously. 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTER 20.89, TO CLARIFY THE LANGUAGE OF THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM FOR ADMINISTRATIVE PURPOSES, TO INCLUDE ADDITIONAL PROGRAM INCENTIVES, AND TO PROVIDE NEW MECHANISMS FOR DESIGNATING ADDITIONAL TDR RECEIVING AREAS (A62000 -407) Amy Pederson, Planning Technician, gave a staff report and stated the questions regarding Sudden Valley density reduction program are addressed in her memo dated December 19, 2000. The Planning Commission recommended that Sudden Valley be left out. Sudden Valley was left in the original ordinance earlier in the year. Sylvia Goodwin, Planning Division Manager, discussed Sherilyn Wells' concerns. Special Planning and Development Committee, 12/19/2000, 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 48 Nelson questioned why the County Council would do this. Goodwin explained why. Crawford asked for speculation on getting additional receiving areas. Goodwin responded. McShane moved approval. Motion carried unanimously. 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, SECTION 20.80.220 TO ALLOW THE LOCATION OF PROPANE TANKS WITHIN FRONT YARD SETBACKS WITH PROVISIONS FOR AESTHETICS AND SAFETY AND REQUIREMENTS OF THE UNIFORM FIRE CODE (AB2000 -343) Sylvia Goodwin, Planning Division Manager, gave a staff report. Roland Middleton, Land Use Division Manager, stated it would make fuel more affordable for people wishing to convert to propane. They are talking about 500 - gallon tanks. McShane stated he would encourage screening. McShane moved approval. Motion carried unanimously. OTHER BUSINESS Hal Hart, Planning and Development Services Director, discussed the recent Sandy Point storm event. The Council needs to make a policy call regarding providing service with the Shoreline Administrator regarding shoreline exemptions for clearing logs and debris off land. There was discussion regarding building the educational process to help with shoreline defense, Council action to amend the permit fee schedule, and waiving the $30 fee for Shoreline exemptions in storm events to alter the beach to get rid of the high storm berms. Roland Middleton, Land Use Manager, stated he had been out there since Friday assessing the situation to make sure that everything that has been happening out there has been handled legally from a Land Use Division standpoint. This event was a wind event more than a flood event. The homes that had bulkheads were the ones that took more of a hit than the ones that didn't have bulkheads. Special Planning and Development Committee, 12/19/2000, 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 Crawford stated he was inclined not to take any proactive steps in this matter right now. He would rather take it up with the full Council. He was not surprised that this has happened because people choose to live out there. He is not against staff helping out, but people should be paying for the services that the County is providing. Thirty dollars is a fairly nominal fee. Middleton stated he firmly believes that staff should not be making a decision about this. A decision needs to come from Council. Citizens have been asking him if the fees can be waived due to the storm event. He has told them no, but thinks that the Council needs to make a decision. Nelson questioned whether these fees should be covered by insurance. They should be. These fees should not be waived. Crawford stated that he was not comfortable making a decision without the full Council and statements from Marlene Dawson and possible members of the public who might want to come forward and talk about this issue. Hart stated that other Counties have passed emergency resolutions regarding this. McShane stated that this should be scheduled for the first meeting in January. ADJOURN The meeting adjourned at 12:50 p.m. Jill Nixon, Minutes Transcription ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Committee Chair Special Planning and Development Committee, 12/19/2000, Page 4