HomeMy WebLinkAboutPlanning July 15 1997WHATCOM COUNTY COUNCIL
Planning and Development Committee
July 15, 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:
Marlene Dawson
Kathy Sutter
Absent:
None
Staff Present:
Michael Knapp, Planning and Development Services Director
Sylvia Goodwin, Planning and Development Services Manager
Barbara Brenner, Council member
Tom Brown, Council member
Starkenburg noted that before the committee discussion item, an "other business" item
would be discussed, specifically accessory housing. He noted there would be no discussion with
the public. A concern has occurred on Policy 3 -C in the Comp Plan regarding the possibility of
accessory housing in the rural areas. He requested a staff report on this.
Sylvia Goodwin, Planning and Development Services Manager, stated that accessory
housing is not allowed in the UR4 and URM zones. This information is contained in the interim
development regulations. Goodwin clarified that outside the short-term boundaries, within urban
growth areas, and outside urban growth areas in UR4 and URM zones is where accessory
housing is not allowed. Starkenburg requested Goodwin write a brief report on this issue.
Goodwin stated 1,000 square feet is the size limit. There was discussion on clarification of this
issue. Knapp stated staff will double check each zone.
Starkenburg directed committee to packet page 260 of the Interim Development
Regulations and read:
" *Items indicted by an " *" are not allowed outside Short Term Planning Areas or
outside Urban Growth Areas unless the applicant... ".
He noted committee needs help in getting a clear path as to how this could be accomplished and
inquired if adjustments needed to be made to the "unless ".
Sutter inquired about Comp Plan policy 3C -4, which intent is unclear, as it might be
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construed to be restrictive or prohibitive outside urban growth areas or it may be Council may
need to develop special zoning criteria in those areas.
Brenner stated other counties have had their growth management plans approved with
accessory dwellings in rural areas. She was concerned about "increased density ", stating that it
was about significant density and significant impact. Knapp countered by stating that in many
cities and counties that have not been challenged, much has occurred that this County is not
allowed to do at this point in time. A number of issues in this County have been challenged that
have not been challenged in other communities.
(Clerk's Note: At this point, Brenner left the meeting.)
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
ORDINANCE ALLOWING PUBLIC MARKETS AS A TEMPORARY USE IN
THE RESORT COMMERCIAL ZONE (AB97 -186A)
Starkenburg asked if staff had a report before committee discussion. Sylvia Goodwin,
Planning and Development Services Manager, commented about the Planning Commission's
split vote due to lack of a majority. It was reconsidered at the next Commission meeting, where
they voted in favor of the ordinance and changed wording of Attachment A, packet
page 164, line 29:
"No evefnigh4 emnpiag overnight parking of vehicles is allowed on site."
She noted that other than this amendment, the Planning Commission and staff recommended
approval.
Sutter suggested this to read: "No overnight vehicle parking or camping is allowed on
site."
Dawson questioned the vendors removing the display areas at the end of the day.
Goodwin responded that the Planning Commission was concerned about the vehicles and the
people gone.
Starkenburg then directed committee discussion to enforcement. He inquired if the Birch
Bay Chamber of Commerce would be willing to play a role in attempting to make this situation
work in a manner in which these markets could keep functioning according to the permitted uses.
He wanted Birch Bay to take ownership of enforcement and hold the citizens accountable to the
rules and regulations rather than the County. Goodwin stated there was no one from the public,
the Chamber, or no proposed business owner at that public hearing. Starkenburg inquired how
Planning Minutes, 7/15/97, Page 2
committee could strongly encourage enforcement and accountability in the ordinance. Goodwin
replied that would work if it was made administrative approval instead of an outright permitted
use, which is what is stated in the proposed ordinance. Starkenburg stated this would be an
annual permit due to the definite timeframe.
Sutter was concerned about health permits for food handling. Knapp stated food service
is covered in other codes.
Starkenburg moved to amend on packet page 3, line 35, by adding:
".706 Health Department Certificates must be secured before a permit is issued
where applicable."
Motion carried unanimously.
Starkenburg moved to recommend approval as amended.
Motion carried unanimously.
OTHER BUSINESS
Starkenburg noted Council will be adopting the zoning maps only at tonight's meeting, as
well as the interim development regulations. People have been questioning Council members
regarding the urban fringe areas and the public hearing on these areas. He requested a report
from staff on how they envision handling that particular issue, as committee has not dealt with
Bellingham's urban fringe plan as yet, which the Planning Commission has completed. The
hearing for that has been scheduled for August 12.
He then inquired of the mechanism Council has to address zoning for any change if it
was not in agreement to zoning in particular areas of the urban fringe. Michael Knapp, Planning
and Development Services Director, replied it could be done through an annual review or
individually throughout the year if there is compliance. Sylvia Goodwin, Planning and
Development Services Manager, stated that the land use designation for the Bellingham urban
fringe is urban growth area only; there is nothing more specific designated.
Starkenburg pointed out various landowners are complaining about the lack of a zoning
review process by the County. As a committee, a series of hearings was held on each subarea.
However, it was stymied as Bellingham was still working on its plan, and it was not known
where to draw the boundary lines. He then asked that since things are progressing if there were
going to be an opportunity to review the zoning within the Comp Plan. Sutter was concerned
whether zoning changes could be made outside the Comp Plan process. Knapp responded by
stating that if there is consistency with adopted policy, a review is allowed at any time during the
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year; otherwise, a review must be done with the annual review of the Comp Plan. There was
discussion on consistency vs inconsistency and jurisdiction for administration of permits.
Discussion followed on Bellingham's urban fringe plan. Starkenburg requested staff's
intent regarding the process. Knapp replied it would come before committee first. The Planning
Commission has not made any changes to that document. Goodwin noted there were enough
changes by Bellingham to warrant a public hearing by Council. Goodwin mentioned staff
timelines.
According to Starkenburg, other business items included the interim development
regulations and the overlay mapping. He clarified whether staff's intent was six months or
ninety days. Goodwin replied it would be six months. The need for expediency was
acknowledged. Mapping changes were discussed. Starkenburg directed staff work on this and
return it to committee under "Other Business" for brief discussion. He then directed staff
determine if this were a Planning Commission or a Council item.
Goodwin noted she was concerned about committee's schedule, as there were several
upcoming items needing immediate attention. Discussion followed on the Critical Areas
Ordinance (CAO) (interim); a public hearing; Bellingham urban fringe plan; CAO hearings; and
Lummi zoning.
(Clerks Note: Tape 1, side B)
Starkenburg requested her confer with legal counsel on the need for a public hearing on the
interim CAO.
(Clerk's Note: A two- minute recess was taken for staff discussion of the calendar)
Discussion continued regarding committee schedule and the Planning Commission
schedule regarding Bellingham's urban fringe plan. Dan Gibson, Prosecuting Attorney's Office,
commented. Starkenburg stated there will be discussion on Bellingham's urban fringe plan. The
CAO will be available for Council review within a couple of days and can be returned to
committee should the need arise after the public hearing. As committee has had no opportunity
for review of Bellingham's urban fringe plan, this needs to be discussed by committee as soon as
possible.
ADJOURN
The meeting was adjourned at approximately 2:05 p.m.
Planning Minutes, 7/15/97, Page 4
Elizabeth Bennett, Recording Secretary
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Alvin Starkenburg, Council Member
Planning Minutes, 7/15/97, Page 5