HomeMy WebLinkAboutPlanning October 21 19971
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
October 21, 1997
The meeting was called to order at 3 p.m. by Committee Chair Alvin Starkenburg in the
Council Committee Room, 311 Grand Avenue.
Also Present:
Marlene Dawson
Kathy Sutter
Absent:
None
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE ADOPTING A PERMANENT WHATCOM COUNTY CODE
CHAPTER 16.16, CRITICAL AREAS, TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226A)
(Clerk's Note: This item was discussed after items 2 and 3)
Starkenburg requested staff give a brief update regarding the flooding concerns brought
forward by Ed Henken, Public Works, Engineering (on file). Jeff Griffin, Planning and
Development Services, commented this has not been addressed. Also commenting was Michael
Knapp, Planning and Development Services Director. Staff was requested to obtain further
information from SEPA regarding this.
Those also speaking included:
Bob Andersen, Land Use Planner
Barry Winger, Department of Ecology
Steve Fox, Land Use, Planning and Development Services
Ward Nelson, Council Member
Tom Brown, Council Member
Henry Bierlink
Griffin suggested language change on page 4, 16.16.225B.1: AThe diking, of drainage or
similar district submits an annual work plan....=
Dan Gibson, Prosecuting Attorney's Office, commented by stating that RCW 85.05 and
RCW 85.06 are specifically related to diking and drainage districts. RCW 86.15 is the Flood
Control Zone District provision. If the intent is to expand this to include the subzones for
purposes of diking or drainage work that is also done by diking and drainage districts, there is
the
Planning Minutes, 10/21/97, Page 1
I need to specify that by including reference to RCW 86.15 besides RCW 85.05 and RCW 85.06.
2 There was discussion on whether to include the reference to RCW 86.15 and include the
3 suggested language by Griffin. Gibson suggested the following language: "All activity
4 undertaken by diking or drainage districts or activities of that same nature performed by flood
5 control zone districts, whose activities are allowed subject to RCW 85.05, RCW 85.06, and
6 RCW 86.15; provided that.... ". Gibson and Knapp will work on this language.
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8 Griffin then spoke to the latest Exhibit A (dated October 21, 1997). Committee was in
9 agreement to move this forward for tonight =s meeting.
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11 Griffin reviewed the latest Exhibit A. There was comment regarding the addition of
12 16.16.205B, page 2, on maintenance permits. The concern was about notification of property
13 owners after five years, and discussion was centered on how to accomplish this. Skip Richards,
14 citizen, commented on this also. Steve Fox, Land Use, Planning and Development Services,
15 suggested adding language regarding Administration setting up a reminder program to notify the
16 applicant: "The County shall notify the applicant within ninety (90) days of expiration of the
17 five -year permit ".
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19 Procedure for tonight's meeting was then established. Discussion followed on new
20 language added or deleted in various sections of the document. Those sections included
21 16.16.215A, "Relationship to Other Jurisdictional Agencies" (requirements); 16.16.225A,
22 "Activities Allowed without a Permit" (public interest); 16.16.225V, "Activities Allowed
23 without a Permit" (buffer area exemptions); 16.16.245A.1, "Mitigation Guideline" (clarity of
24 language); 16.16.24584, "Off -Site Mitigation" (mitigation banking); and 16.16.245D,
25 "Compensatory Mitigation, General Requirements" (replacement ratios).
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Language was suggested on page 9, A.1.: A... in a manner such that the most sit
effective* to protection or mitigation the water r critical area functions will
take place with the greatest likelihood of success.... -.
(Clerks Note: Tape 1, side B)
Sutter questioned the need for replacement ratios. Discussion followed with Knapp
pointing out the purpose is to deter destruction of high critical areas. Steve Fox and Winger
replied.
37 Items for further discussion included Appendix C, "Listed Species" and "Species of
38 Local Importance ". Topics discussed included the location of these species; and the lack of fish
39 on the list. Richards thanked committee and Council members for a job done well.
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41 Brown was concerned regarding the Drayton Harbor land remaining a critical area. A
42 brief discussion followed.
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44 The basis of appeals before the Hearing Examiner was a subject for discussion.
Planning Minutes, 10/21/97, Page 2
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Andersen inquired if there were a need for any other basis for investigating alternative mitigation
ratios or function replacement, etc., regarding matters of error. Gibson responded that if the
appeal basis were broadened, the purpose of having a Hearing Examiner would be in question.
Starkenburg thanked staff and concerned citizens for all their work. Nelson inquired how
Whatcom County's Critical Areas Ordinance compared with other jurisdictions. Fox replied
there was much flexibility for local jurisdictions, which was good. Richards was positive in his
response.
Dawson moved to recommend approval.
Motion carried unanimously.
2. ORDINANCE AMENDING TITLE 20 TO REMOVE OPEN SPACE
REQUIREMENTS IN THE GM, LII AND HII ZONES AND TO AMEND THE
DEFINITION OF OPEN SPACE AS IT APPLIES TO ALL ZONES (AB97 -342)
(Clerk's Note: This item was discussed first.)
Jeff Griffin, Planning and Development Services, commented on the recent information
related to this item. He stated very little testimony was heard at the public hearing on October 9.
Starkenburg noted that this ordinance would replace Ordinance 96 -046 with a permanent
ordinance regarding the open space requirements in LII, GM, and lot sizes, buffer areas,
supplemental requirements, definitions, etc.
Sylvia Goodwin, Planning and Development Services Manager, commented regarding
the recommendation of the Planning Commission.
Dawson moved to recommend approval.
Dawson inquired if there would be more of the Title 20 issues coming forward. Goodwin
replied there are many coming over the next few months. Some are minor text changes; many
are the result of ordinances that are sunsetting. Once these have been completed,
Comprehensive Plan implementation can be begun.
Motion carried unanimously.
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM URBAN RESIDENTIAL THREE DWELLINGS PER ACRE
(UR3) TO URBAN RESIDENTIAL FOUR DWELLINGS PER ACRE (UR4)
FOR APPROXIMATELY 141 ACRES AND FROM RURAL RESIDENTIAL
TWO DWELLINGS PER ACRE (RR2) TO URBAN RESIDENTIAL FOUR
DWELLINGS PER ACRE (UR4) FOR APPROXIMATELY 4 ACRES IN THE
Planning Minutes, 10/21/97, Page 3
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CHUCKANUT LAKE SAMISH SUBAREA (AB97 -343)
(Clerk's Note: This item was discussed after Item 2.)
Starkenburg commended staff on the report.
Sylvia Goodwin, Planning and Development Services Manager, commented that
Bellingham has not recommended this rezone at this time because they wanted to do a
coordinated plan dealing with the entire urban growth area (UGA). Planning and Development
Services does not have time to put this application on hold for three or four years (which was
how long it took to complete the Urban Fringe Plan) in order to examine this area. The services
are already present. Planning Commission agreed UR3 is an appropriate area. Michael Knapp,
Planning and Development Services Director, commented on the number of hearings and
meetings held and the desire to move this item forward.
Dawson moved to recommend approval.
Sutter questioned the adjacent city zoning to the west for one -half acre lots. Goodwin
reported the city would probably not recommend changing this zoning.
Bill Geyer, Geyer & Associates, 1007 State Street, commented he supported the motion.
Motion carried unanimously.
ADJOURN
The meeting was adjourned at 4:18 p.m.
Elizabeth Bennett, Recording Secretary
ATTEST:
Dana Brown- Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Alvin Starkenburg, Council Member
Planning Minutes, 10/21/97, Page 4