HomeMy WebLinkAboutPlanning Feburary 10 1998WHATCOM COUNTY COUNCIL
Planning and Development Committee
February 10, 1998
The meeting was called to order at 3 p.m. by Council member Ward Nelson in the
Council Committee Room, 311 Grand Avenue.
Also Present: Absent:
Kathy Sutter None
Barbara Brenner
SPECIAL ORDER OF BUSINESS
1. ELECTION OF COMMITTEE CHAIR (AB98 -023)
Nelson nominated Kathy Sutter as chair.
Motion carried 2 -0 with Brenner in Public Works and Capital Projects Committee.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR
SUBMITTAL OF PROPOSED AMENDMENTS TO WHATCOM COUNTY
CODE TITLE 20 AND THE OFFICIAL ZONING MAP FOR W 4ATCOM
COUNTY, PLANNING COMMISSION REVIEW, TRANSMITTAL OF
PROPOSED AMENDMENTS TO WASHINGTON STATE AND COUNTY
COUNCIL APPROVAL THEREOF (AB97 -409)
Sylvia Goodwin, Planning and Development Services Manager, distributed a substitute
ordinance with corrected scrivener errors (on file). She gave a staff report, noting the only new
change suggested by staff was on packet page 224, 20.90.020 (3), adding an additional public
review process of rezones.
Nelson questioned the public hearing process in Section 20 -90 -080 (2), packet page 225.
Goodwin responded. There was discussion. Michael Knapp, Planning and Development
Services Director, explained a public hearing would not be necessary for scrivener errors only.
Nelson moved to recommend approval.
Motion carried unanimously.
2. ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR
Planning Minutes, 2/10/98, Page 1
SUBMITTAL, INITIATION, REVIEW AND APPROVAL OF PROPOSED
COMPREHENSIVE PLAN AMENDMENTS (AB97 -410)
Sylvia Goodwin, Planning and Development Services Manager, distributed a substitute
ordinance (on file) with corrected scrivener errors and gave a staff report. A few language
changes had been added for clarification purposes. An additional amendment was proposed by
staff regarding the public process. There was discussion regarding the public and amendment
processes. Michael Knapp, Planning and Development Services Director, commented regarding
the staff review process and recommendation. He stated that the process should go through the
Planning Commission. Discussion followed. Topics discussed included the application fee. Bill
Geyer, 1008 -16th Street, distributed a map (on file; see AOther Business -).
Nelson moved to recommend approval of the ordinance and recommended the process be
with Council initiation.
Brenner moved a friendly amendment for the option to be Council initiation but the
process would move through the Planning Commission with or without Council initiation.
Nelson accepted Brenner--s friendly amendment.
Motion carried unanimously.
3. REQUEST AUTHORIZATION TO ENTER INTO A CONCOMITANT
AGREEMENT BETWEEN WHATCOM COUNTY AND LARRY JORDAN
(AB98 -086)
Karen Frakes, Prosecuting Attorney =s Office, gave a brief staff report.
Brenner moved to recommend approval.
Motion carried unanimously.
4. REQUEST TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE TO REVISE THE STANDARDS FOR ACCESSORY HOUSING
UNITS, THE ZONES AND LOCATIONS WHERE THEY ARE PERMITTED
AND THE PROCEDURE FOR PROCESSING APPLICATIONS (AB98 -072)
Sylvia Goodwin, Planning and Development Services Manager, gave a staff report. She
noted the Planning Commission recently considered several ordinances and also the following
issues: unit size (1,000 sq ft was recommended); process of approval (Conditional Use Process
(CUP) vs Administrative, which was recommended); attached vs detached housing (detached
units were recommended within urban growth areas (UGA) and on lots five acres or larger; the
rest would be allowed to be attached on smaller units and with UGAs); and located outside the
UGAs (the recommendation was to allow the detached units on five acre parcels outside UGAs
Planning Minutes, 2/10/98, Page 2
with the further restriction on density within the Lake Whatcom Watershed and on Lummi
Island). Discussion followed regarding the difficulty of the process; and complying with the
Growth Management Hearings Board (GMHB) regarding the GMA and subdivision plats
(invalid).
Michael Knapp, Planning and Development Services Director, commented regarding the
unit size.
Sutter moved to recommend approval for amendment purposes.
Goodwin suggested amendment language in general terms.
Brenner moved to amend to read: A ... that would make that same exception for any of the
County =s existing zoning provided it is not invalided and while invalided, it would not happen.
If it is validated, it would.=
Goodwin inquired if that were regardless of the acreage. Brenner replied there would be
sufficient land to be able to divide into two lots to give the option of an accessory dwelling
instead of dividing into two lots. There would be only one lot, and the density would not be
increased. Goodwin replied it would not exist the way the ordinance is written now but it does
state five acres. Anything less than five acres could be done as an amendment as long as the
density was not exceeded. Brenner--s intent was to have an option so an owner would not have
to plat to be able to put a second dwelling on that property. Discussion followed regarding
validity; and the question of accessory dwellings being challenged in other counties.
(Clerks Note: Tape 1, side B)
Brenner restated her amendment: At this point, in zoning less than five acres, an
accessory dwelling may be constructed if it does not exceed the zoning.
Nelson suggested: AAccessory units are allowed on any legal lot of record.-
Nelson moved to add a friendly amendment that any legal lot of record would be allowed
an accessory unit. Brenner accepted the friendly amendment.
There was discussion regarding the legality; detached vs attached unit; and septic
requirements for a one acre lot.
Motion to approve the amendment carried unanimously.
Brown commented regarding accessory dwelling location and the neighbor =s rights.
He requested language regarding the accessory unit being located close to the main dwelling.
Planning Minutes, 2/10/98, Page 3
After further discussion of neighborhood compatibility and recognition of the need for
further discussion and work, Sutter withdrew her motion for approval. She stated this item will
be held in committee until the next meeting (February 24) with a public hearing to follow.
Brenner requested a copy of the Vancouver, B.C. ordinance regarding accessory dwelling
units. Goodwin distributed sample floor plans for 1,000 sq ft units (on file).
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
ANNEXATION AGREEMENT AND AMENDMENT #1 WITH THE CITY OF
LYNDEN (AB98 -075)
Sylvia Goodwin, Planning and Development Services Manager, explained the
amendment.
Nelson moved to recommend approval.
Motion carried unanimously.
6 REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #3 TO THE CITY OF BELLINGHAM ANNEXATION
AGREEMENT WITH WHATCOM COUNTY (AB98 -076)
Sylvia Goodwin, Planning and Development Services Manager, explained the
amendment (Exhibit E distributed and on file).
Brenner moved to recommend approval.
Bill Geyer, 1008 -16th Street, commented regarding annexation agreements and how the
city of Bellingham is administering previously approved major developments by the County.
There needs to be consistency in honoring past agreements.
Motion carried unanimously.
Nelson recommended that Council direct staff to provide a communication with the city
of Bellingham regarding pre- approved site planned unit developments. A clear understanding
needs to be established that pre- standing planned unit development site plans, etc., need to be
honored by cities prior to annexation.
7. REQUEST FROM THE PLANNING COMMISSION TO DENY A REQUEST
TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM
RURAL, ONE DWELLING UNIT PER FIVE ACRES (R5A) TO RURAL, ONE
DWELLING UNIT PER TWO ACRES (R2A) FOR 7.94 ACRES IN THE
LYNDEN/NOOKSACK VALLEY SUBAREA (AB98 -083)
Planning Minutes, 2/10/98, Page 4
There was a question regarding the legality of discussion of this item, as it was
determined to be a quasi-judicial matter. Sylvia Goodwin, Planning and Development Services
Manager, clarified by stating the applicant was interested in talking with Council members about
changing the Planning Commission =s recommendation. A public hearing needs to be held to
hear both sides if Council wishes to change that recommendation. She then gave a staff report
and stated staff and the Planning Commission both recommended denial due to the Growth
Management Act (GMA) which stated that two acres is not an appropriate zone outside urban
growth areas (UGA), as well as the surrounding property and land use. Tom Brown, Council
member, commented.
denial.
Nelson moved to recommend accepting the Planning Commission =s recommendation for
Motion carried unanimously.
There was further discussion. Michael Knapp, Planning and Development Services
Director, commented about the public process.
8. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1997 OPEN
SPACE /TIMBER (AB98 -085)
Sylvia Goodwin, Planning and Development Services Manager, gave a staff report.
She pointed out Sutter--s recommended clarifying language on packet page 340:
A4. The council directs the Assessor to place the Bitner parcel in the appropriate
Open Space status category.=
Brenner moved to recommend approval of the Planning Commission =s recommendation.
Motion carried 2 -0 with Nelson out of the room.
OTHER BUSINESS
Bill Geyer, 1008 -16th Street, distributed a map with information regarding the Urban
Fringe Subarea Plan, Map 4a (I -5 /Slater Road) (on file). He was representing the Cloverleaf
Associates and Gustafson and Patton, property owners on the south side of Slater Road. He
requested committee initiate actions to change the zoning in this area (south side of Slater Road
from the Ace Beverage facility east to I -5) to become consistent with what the current County
plan states and the recommendations from the Ferndale Comprehensive Plan. He stated the
geographic boundary of the urban fringe plan is Slater Road, which includes portions of
Ferndale--s urban growth boundary and all of Bellingham--s urban growth boundary on the south
side of Bellingham. In September 1997, the urban fringe subarea plan was brought before
Council; what was not brought forward was Ferndale =s Comprehensive Plan recommendations
for this area, which were for industrial along that frontage and highway commercial at the
Planning Minutes, 2/10/98, Page 5
eastern most portion.
His request was for Council to send this to the Planning Commission for appropriate
review and hearing for final Council deliberation.
Goodwin stated the only problem with the proposal is that there is no highway
commercial zoned in Whatcom County; however, there is a general commercial zoned. Action
on this issue is in process. Geyer stated the County =s general commercial zone would be
compatible.
ADJOURN
The meeting was adjourned at 4:45 p.m.
Elizabeth Bennett, Recording Secretary
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Kathy Sutter, Council Member
Planning Minutes, 2/10/98, Page 6