HomeMy WebLinkAboutPlanning July 1 1997WHATCOM COUNTY COUNCIL
Planning and Development Committee
July 1, 1997
The meeting was called to order at 1 p.m. by Committee Chair Alvin Starkenburg in the
Council Committee Room, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Kathy Sutter
Staff Present:
Tom Brown, Council member
Barbara Brenner, Council member
Jeff Griffin, Planning and Development Services
Sylvia Goodwin, Planning and Development Services Manager
Michael Knapp, Planning and Development Services Director
Dan Gibson, Prosecuting Attorney =s Office
Starkenburg pointed out to those in attendance this would be a committee meeting
between Council members and staff. He would allow time for essential questions at the end of
the meeting.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
SHORELINE MANAGEMENT PLAN, TITLE 23 (AB97 -225)
Starkenburg requested a background report from staff. Jeff Griffin, Planning and
Development Services, stated there were two text amendments to the Washington Administrative
Code (WAC). Donovan Kehrer, consultant, explained the revisions. He noted the only
substantive changes in the shoreline program were as a result of compliance with the substantive
changes the state made in the WAC. Kehrer noted he included a discussion and notes in
attachment AA= (on file) regarding the history of each of the amendments. His work on this
document went before the Planning Commission, which made a few minor changes and then
approved the proposed ordinance unanimously.
Discussion followed. Topics discussed included who the administrator would be;
Planning Minutes, 7/1/97, Page 1
exemptions of deeds for a substantial development permit; consistency with other ordinances;
various scrivener errors; definition of shorelands and shoreline jurisdiction; and a 200 foot
setback from the outside edge of the floodway.
Kehrer explained a couple of last minute overlooked, minor corrections (on file).
Griffin commented on the approval process after Council action.
Starkenburg moved to recommend approval.
Motion carried unanimously.
2. INTERIM ORDINANCE EXTENDING THE CRITICAL AREAS
EMERGENCY ORDINANCE 97 -018 WHICH AMENDS CHAPTER 16.16 OF
THE WHATCOM COUNTY CODE TO COMPLY WITH THE WASHINGTON
STATE GROWTH MANAGEMENT ACT (AB97 -226)
Sylvia Goodwin, Planning and Development Services, gave an update on the status of
this item before the Planning Commission. Discussion followed regarding a six -month interim
ordinance vs a 60 -day emergency ordinance. Dan Gibson, Prosecuting Attorney =s Office,
commented.
Starkenburg moved to recommend extension of the Critical Areas Emergency Ordinance
for six months to provide additional time for the Planning Commission to form a
recommendation to plan the Critical Areas Ordinance.
Motion carried 2 -1 with Sutter opposed.
3. ORDINANCE REPEALING THE INTERIM ZONING ORDINANCE,
CHAPTER 2.24A, AND ADOPTING TITLE 20 ZONING ON A SIX MONTH
INTERIM BASIS FOR THOSE AREAS OTHERWISE REGULATED BY
CHAPTER 2.24A, INCLUDING THE LUMMI RESERVATION AND
PRIVATE IN HOLDINGS WITHIN THE MT. BAKER SNOQUALMIE
NATIONAL FOREST (AB97 -227)
Starkenburg stated he was not finding any information regarding Exhibit A, the private
holdings in the Mt. Baker Snoqualmie National Forest. He requested a staff report regarding the
Lummi Nation and staff =s recommendations.
Michael Knapp, Planning and Development Services Director, stated that the Lummi
Nation prefers Alternative #1 in order to give more time for review of Alternative #3, which has
implications for the entire reservation vs fee lands. They were unclear on what was being
considered. Knapp stated there were still some issues needing clarification regarding the
differences between the two alternatives. However, he stated that after discussion with the Tribe
Planning Minutes, 7/1/97, Page 2
and the Executive, he was recommending Alternative #1 instead of Alternative #3 to give more
opportunity to review the map differences. He then spoke to the Asorting through- process.
Starkenburg inquired if committee should wait until the County Planning Commission and the
Lummi Planning Commission have met on this issue. Knapp replied that, since this has expired,
it must be extended; he recommended using Alternative #1 to maintain the status quo.
Sylvia Goodwin, Planning and Development Manager, explained the maps showing the
fee vs trust lands. She stated the debate in the past seems to have been who has authority to zone
these lands instead of what the zoning should be. Her department =s goal is reaching agreement
with the Tribal Planning Commission and the County Planning Commission regarding the use of
these lands.
Dawson requested staff ask Lummi officials to show a copy of an ordinance from the
Commissioner of Indian Affairs, the Interior Department, or anyone who authorizes the
ordinances requesting any non - Indian to complete any form regarding land use. This is in the
tribal constitution; however, proof of this ordinance has not been provided.
Gordon Scott, Lummi Planning Commission, stated he would pass the information to his
Commission members that the County was strongly interested in bringing closure to this matter.
Dawson moved to recommend approval of extension of the interim zoning ordinance for
six months as stated in Alternative #1.
Motion carried unanimously.
Brown inquired about private holdings in the Mt. Baker forest area, specifically to the
Glacier area. Starkenburg requested staff provide committee information on areas 1, 2, 3 and 4
(Exhibit A), specifically areas 3 and 4.
Jeff Griffin, Planning and Development Services, commented these areas are all fee lands
and have been acquired through homesteading or patented mining claims. These areas were
never zoned Title 20 zoning; they are under the Interim Zoning Code.
Dawson withdrew her prior motion.
Dawson moved to recommend adoption of the interim ordinance for the reservation lands
in Mt. Baker and the Snoqualmie National Forest as stated in Alternative #1.
Motion carried unanimously.
4. ORDINANCE MODIFYING ACCESSORY DWELLING SIZE AND USES
AND ADDITIONALLY MODIFYING THE REQUIREMENTS FOR THE
LAKE WHATCOM WATERSHED AND LUMMI ISLAND (AB97 -230)
Planning Minutes, 7/1/97, Page 3
Brenner requested an amendment be inserted (which she thought was already in the
document) to include no increase in the density in Lummi Island and the Lake Whatcom
Watershed.
(Clerks Note: Tape 1, side B)
Starkenburg wanted to ensure this ordinance was not in conflict with the GMA in any
way. He noted staff had not signed off on this item. Discussion followed. Michael Knapp,
Planning and Development Services Director, stated the Planning Commission needs to review
this document. Dan Gibson, Prosecuting Attorney =s Office, stated he has reviewed this
document. Both the housing and rural lands policies have a bearing on this issue because these
new Comp Plan policies have been adopted. He stated this proposed ordinance requires
Planning Commission review in light of these new policies.
The proposed ordinance was then reviewed by committee. Dawson inquired about size.
She thought the urbanization issue in the rural areas was in direct conflict with the Comp Plan.
Sutter thought work was needed on this proposal. She was concerned about affordable housing
and various other details.
Starkenburg expressed his opinion that committee and Council members could express
their concerns to be forwarded by staff to the Planning Commission. No action would be taken
by committee.
Discussion topics included: giving direction to the Planning Commission; how affordable
housing is viewed (either as a family or a single person); a review process; and Azone busting -.
Gibson noted that in the process of adopting interim development regulations, there was no
requirement for a concurrency letter; namely, a letter from the affected districts addressing
whether or not services were adequate to bear additional density. He inquired if the impact on
water and septic was an issue that should be considered.
Brenner stated that through her contacts no one has heard of any place where accessory
dwellings, be it urban or rural areas, are allowed and where it has remotely approached doubling
density. Brown spoke to the handicapped. Brenner addressed the size of mobile homes.
Starkenburg stated accessory dwellings are needed but was concerned with additional large
family settings in rural areas. Standards need to be set. He preferred the modular size because
he was against trailers, as there must be provisions to control the settings. There was further
discussion regarding size and temporary vs permanent dwellings.
Starkenburg noted zoning regarding R10A needed to be discussed. Brenner stated her
intent was no increase in the density in the Lake Whatcom Watershed and Lummi Island. She
explained that if there are ten acres in an R5 zone, the owner could put two dwellings on that
property without platting the land apart. The restrictions in the Lake Whatcom Watershed and
Planning Minutes, 7/1/97, Page 4
Lummi Island would not allow accessory dwellings to be placed in an R5 zone on ten acres.
Gibson stated that currently there are no transfer development rights (TDRs) within the Lake
Whatcom Watershed. Discussion followed. Knapp stated the intent was to attempt to move
density out of the Watershed. Knapp inquired how administrative tracking could be
accomplished when a property with an accessory dwelling unit was sold.
Starkenburg directed staff to work on this document and address it with the Planning
Commission in order for it to be brought before committee again.
5. RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT OF THE
CITY OF FERNDALE =S CORPORATE BOUNDARIES TO INCLUDE TWO
ENTIRE PARCELS WITHIN THE INCORPORATED LIMITS OF THE CITY
OF FERNDALE (AB97 -159)
Starkenburg noted this resolution had not been reviewed by any department nor a
signature obtained at the time of the last Council meeting. He stated the city of Ferndale
requested the boundary corrections. The County and Ferndale each had different mappings of
the boundaries in question (see packet page 289 for map).
Starkenburg moved to recommend approval.
Motion carried unanimously.
Michael Knapp, Planning and Development Services Director, requested that in the
future these requests be sent to his department. Dan Gibson, Prosecuting Attorney =s Office,
stated that the city of Ferndale and the developer who sent this item to Council were following a
statutory procedure.
Starkenburg directed the recording secretary to notify staff that when this type of item
comes before committee and there has been no recommendation or indication that the Planning
and Development Services Director has reviewed it, there must be communication to ensure the
Directors sign off.
ADJOURN
The meeting was adjourned at approximately 4 p.m.
Planning Minutes, 7/1/97, Page 5
Jill Nixon, Recording Secretary
Elizabeth Bennett, Recording Secretary
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Alvin Starkenburg, Council Member
Planning Minutes, 7/1/97, Page 6