HomeMy WebLinkAboutPlanning April 21 19982
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
April 21, 1998
The meeting was called to order at 3:00 p.m. by Committee Chair Kathy Sutter in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present:
L. Ward Nelson
Barbara Brenner
Absent:
None
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM AGRICULTURE (AG) TO RURAL TEN ACRES (R10A) FOR
APPROXIMATELY 60 ACRES IN THE LYNDEN - NOOKSACK SUBAREA
(AB98 -130)
Brenner expressed concerns regarding not having a farm representative on the
Planning Commission and also about whether the property is prime agricultural land.
Sylvia Goodwin, Planning and Development Services Manager, addressed the
concern regarding farm management of critical areas and best farm practices.
There was discussion regarding the farming communities representation before
the County, whether the soils are considered Prime Agricultural Soils, rezone requests,
the Comprehensive Plan process, Planning Department rezone processes and the LESA
soil classification system.
Goodwin pointed out this issue needs to be scheduled for a public hearing prior to
approval. She will ensure that John Gillies, Natural Resources Conservation Service
(MRCS), attends. She recommended the committee table the issue.
The committee concurred.
41 Sutter pointed out a scrivener error on Council packet page 180 in the Agency
42 Report Findings of Fact and Reason's for Actions. The report of the Planning
43 Commission vote needed to be corrected.
44
45 Brown requested clarification regarding the subject property location. Questions
46 were asked regarding possible property options.
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Planning and Development Committee, 4/21/98, Page 1
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Sutter noted this item will be scheduled for a public hearing in two weeks.
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL TEN ACRES (R10A) TO RURAL FIVE ACRES (R5A) FOR
APPROXIMATELY 29.34 ACRES IN THE FOOTHILLS SUBAREA (AB98 -151)
Sylvia Goodwin, Planning and Development Services Manager, gave a staff
report. She noted the Planning Commission will be holding a public hearing this
Thursday and will be bringing forward a recommendation to Council.
Questions followed. Topics discussed included the hearing process and zoning
the front and back differently.
Dennis Feathers, 6850 Mt. Baker Highway, commented. He gave background
information. Discussion followed. Topics discussed included sloping and stability.
Nelson moved to recommend approval.
Jon Sitkin, representing Dennis Feathers, 1616 Cornwall, addressed the sloping
stability issue and the platting process.
Motion carried unanimously.
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL TEN ACRES (R10A) TO URBAN RESIDENTIAL
MEDIUM DENSITY SIX UNITS PER ACRE (URM6) FOR APPROXIMATELY
39.4 ACRES IN THE BIRCH BAY -BLAINE SUBAREA (AB98 -152)
Sylvia Goodwin, Planning and Development Services Manager, addressed this
issue and stated this was recommended for approval by the Planning Commission and the
Planning and Services Department.
Brenner and Brown commented about the soil map.
Jon Sitkin, Attorney representing the owners, distributed a map. He also
addressed the map issue.
Brenner expressed concern that much information is coming before Council at
this time.
Brown commented that many decisions were delayed for the Comprehensive Plan
and are all now before Council.
(Clerks Note: End of tape one, side A.)
Planning and Development Committee, 4/21/98, Page 2
2 Roger Almskaar, representing the owners, 900 DuPont Street, addressed the
3 committee regarding the other sites. Discussion followed. Topics discussed included the
4 urban growth boundary; and the Agricultural Protection Overlay zone;
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6 Goodwin specifically addressed the Agricultural Protection Overlay zone.
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8 Nelson moved to recommend approval.
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10 Motion carried 2 -1 with Brenner opposed.
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13 4. RESOLUTION INITIATING COMPREHENSIVE PLAN AMENDMENTS (AB98-
14 171)
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16 Sylvia Goodwin, Planning and Development Services Manager, gave a staff
17 report (handout on file). Ferndale and Lynden are new applications, the others are all
18 older or need further discussion.
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20 Brenner wanted to make it clear that the Council's request to have the Planning
21 Commission review an item is not giving them a directive to approve the item.
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23 Hoag suggested language regarding "an independent review" by the Planning
24 Commission only, rather than Council providing direction.
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26 Sutter objected to item #5 regarding the SEPA review. Goodwin stated that there
27 will be SEPA review.
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29 Brenner objected to item #7 regarding prime agricultural land in city parks.
30 Goodwin stated that this item was initiated by the City of Lynden and will be reviewed
31 by the Planning Commission.
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33 Hoag questioned the location of item #8, the Brandorff Mineral Resources Lands
34 (MRL).
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36 Nelson stated that the area in item #10 was taken out of the Ferndale Urban
37 Growth Area (UGA) because there was no water or sewer. The City of Ferndale
38 requested this item be reviewed. Goodwin explained the citizen review and history of
39 this item.
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41 Sutter questioned item #12, a request to rezone from agriculture to RR2 and R2A.
42 Goodwin stated that staff will recommend against this item.
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44 Sutter moved to remove item # 12 be removed from the docket.
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46 Motion carried unanimously.
Planning and Development Committee, 4/21/98, Page 3
2 There was discussion regarding incorporation of subarea plans into the
3 Comprehensive Plan, zoning criteria of existing uses, and the Comprehensive Plan
4 amendment process.
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6 Nelson moved to recommend approval as amended.
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8 Motion carried unanimously.
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11 OTHER BUSINESS
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13 1. DISCUSSION REGARDING THE RE- INTRODUCTION OF AN ORDINANCE
14 IMPOSING INTERIM ZONING REGULATIONS IN THE LAKE WHATCOM
15 WATERSHED (AB98 -181)
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17 Brenner recommended this be forwarded to the Planning Commission for its
18 review and questioned a moratorium.
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20 Discussion followed. Topics discussed included where to go in this process and a
21 meeting on May 28, 1998 to coordinate information.
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23 Sue Blake, Planning and Development Services Water Resources Manager, stated
24 that the committee could route suggestions to her initially.
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26 Ken Henderson, citizen, addressed the committee regarding his proposed
27 ordinance. He stated the purpose of the moratorium is to buy time to assess events and
28 meetings, as well as minimize expenses.
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30 Brenner stated this is no different than a rezone and would be a temporary
31 measure.
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33 (Clerks Note: End of tape one, side B)
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35 Further discussion followed. Topics discussed included informing property
36 owners; public health; jurisdictional concerns regarding a moratorium; vesting; an interim
37 ordinance not taking place immediately, but in 10 days; and the consequences of an
38 ordinance.
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40 Chris Spens, City of Bellingham Planning and Development Planner, stated that
41 the City and the County have done a lot of encouraging work in the watershed. The
42 County will be seeing an interlocal agreement proposal including joint meetings and
43 regular updates.
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45 Karen Frakes, Prosecuting Attorney's Office, addressed the issue of vesting.
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Planning and Development Committee, 4/21/98, Page 4
I Michael Knapp, Planning and Development Services Director, commented
2 regarding a possible moratorium and short plats in the Lake Whatcom Watershed being
3 under the moratorium. He also explained the benefits of a Transfer of Development
4 Rights (TDR) program.
6 There was further discussion regarding the amount of development that could be
7 allowed in the watershed without causing more degradation, a process to allow under -
8 development instead of a complete TDR, compensation of landowners through incentives
9 and buy -outs, addressing issues raised by the Growth Management Hearings Board,
10 methods alternative to a moratorium, problems created by current residences in the
11 watershed, recent changes in the watershed, current short-plat development in the
12 watershed, and mitigation of the effects of development on the water.
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14 Speakers included:
15 Pat Jones, Jones Engineers, Bellingham.
16 Marian Beddill, 3600 Seeley, Bellingham.
17 Kay Ziels, 975 Grand Boulevard, Bellingham.
18 Barbara Ryan, Bellingham City Council Member, 621 Canyon View Drive.
19 Paul Isaacson, 204 Shallow Shores Road, Bellingham.
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21 Karen Frakes, Senior Civil Deputy Prosecutor, stated that this is not a moratorium
22 on building, but a moratorium on subdivisions. This will prohibit all subdivisions. The
23 Council needs to look very carefully at that.
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25 (Clerks Note: End of tape two, side A.)
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27 There was further discussion regarding the Isaacson property.
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29 Lloyd Austin, 1838 Lakeside, Bellingham, stated that he has been campaigning to
30 get the lake cleaned up for 54 years. Everyone knows when they buy property in the
31 watershed, there is a potential for trouble. Recent landowners should not be compensated
32 at all.
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34 Sutter stated that she would like to hold this item in committee. They need more
35 input on other options and ways to mitigate the impacts of a moratorium.
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37 Nelson stated that case law dictates that health and safety concerns are
38 justification for the enactment of stop -gap zoning regulations, compelling an emergency
39 situation such as danger from floods or inadequate potable water supply that would
40 insulate the measure from landowner challenge. However, the interim measure must
41 legitimately address the perceived hazard in order to withstand challenges by affected
42 property owners. He continued to read the case law into the record.
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44 Brenner questioned whether the County could legally enact a moratorium. Frakes
45 stated that it needs further research. They have to be careful of even a down -zone. In
Planning and Development Committee, 4/21/98, Page 5
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this situation, she is more concerned by a moratorium on subdivisions. They have to be
careful to show a connection between the moratorium and some danger.
Hoag stated that the Planning Commission is looking at the different watersheds
during their next meeting. She suggested this item go to the Planning Commission.
Brenner stated that this should go to the Planning Commission.
Sutter stated that she would like to keep it at the committee level because it would
take a very long time to go through the Planning Commission. She questioned whether
the committee could work on the issue parallel to the Planning Commission. Frakes
stated that an interim regulation does not need to go through the normal process.
Nelson stated that the Planning Commission should recognize efforts by the City
and Water District #10 on funding, stormwater management, and other watershed issues.
Brenner moved to send the proposed ordinance, with Isaacson's comments and
her memo, to the Planning Commission for their review.
Motion failed 1 -2 with Brenner in favor.
ADJOURN
The meeting was adjourned at 5:45 p.m.
Jill Nixon, Records Transcription
ATTEST:
Dana Brown- Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Sutter, Committee Member
Planning and Development Committee, 4/21/98, Page 6