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HomeMy WebLinkAboutPlanning March 5 1996WHATCOM COUNTY COUNCIL Planning and Development Committee March '5, 1996 The meeting was called to order at 3:06 p.m. by Committee Chair Alvin Starkenburg in the Council Committee Room, 311 Grand Avenue. Also Present: Absent: Marlene Dawson None Kathy Sutter CONMUTTEE DISCUSSION ONLY 1. DISCUSSION REGARDING PROPOSED CHAPTERS OF THE COMPREHENSIVE PLAN (AB 96 -051 A) (PLEASE NOTE. CHAPTERS ARE STILL SUBJECT TO CHANGE BEFORE THE PLANMNG COMMISSION'S FINAL RECOAAMVDA HON IS FORWARDED TO COUNCIL) Starkenburg stated a work session was held February 13. Staff was requested at that time to bring forward those chapters completed under the Planning Commission's discussions and hearings. Vickie Woods, Planning Director, noted Council now has four chapters of the Comprehensive Plan. Starkenburg noted staff will shortly be receiving direction from Council regarding these chapters. He also stated Council is in the process of selecting someone for the legal review of the Comprehensive Plan. He acknowledged that Council will be soon receive a letter from this committee regarding information received. COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL 1. ORDINANCE AMENDING LAND CLEARING REGULATIONS IN TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (AB96 -074) Terry Galvin, Planning & Development, presented maps and gave some background of the land clearing regulations. Dawson addresssed a question regarding conversion, which refers to the Forest Practices Act, which is outside the County's jurisdiction. Bill Florea, Planning & Development Land Use Services, spoke to the issue of fines. He noted the proposal is to divide fines into two categories: major ($251 -1,000 per violation) and minor (up to $250 per violation) impact violations. Planning Minutes, 3/5/96, Page 1 I Sutter brought up various concerns, including site specific requirements and winter 2 clearing (too general and arbitrary); moratorium issue (confusing); open -ended language (e.g., 3 "but not limited to "); special districts (the regulations apply across the board for any development 4 activity); review thresholds (buffer requirements for streams also covered under CAO); land 5 disturbance definition; timetable reference needed (packet page 140); any overlap regarding 6 assurance of performance; and the definition of stream. 7 8 Brown was concerned about the following topics: land maintenance language regarding 9 "clearing"; special districts should not be mentioned by name (change in ordinance); debris 10 removal; notice of violations (no evidence of an immediate right of appeal); and hazard to one's 11 own property wording should be amended. He noted he had general language changes to the 12 above and would pass them to the Chair. 13 14 Pat Jones, on behalf of the Technical Advisory Committee, commented certain 15 -housekeeping matters, as well as other language changes recommended by the TAC, should be 16 made. 17 18 Nelson requested language clarification regarding buffers within special districts being tied 19 in with the CAO and also a clarification regarding the moratorium. 20 21 Brenner stated she thought the City was to review thresholds in urban and suburban 22 zoning. Vickie Woods responded. Brenner also questioned the fines covering the costs of the 23 County's costs. Galvin commented. 24 25 Dan Gibson, Council's counsel, responded to a question regarding the County mitigating 26 work on private property and the owner being charged for it. Bob Woods, Council Budget and 27 Program Analyst, also commented. 28 29 Brenner's last comment regarded the remission of fines (20 days instead of 30). 30 31 Dawson wanted to know if landscaping could be included as maintenance. 32 33 Bob Andersen spoke to a procedural matter, as well as to special districts. He was unsure 34 there is a cause /effect relationship. 35 36 Anthony Robb requested an exemption clarification (Class IV Special and Class IV 37 General). He also requested language changes regarding qualifying site containment, hazards, six - 38 year moratorium, conversion option harvest plan, cover protection plan and financial assurance of 39 performance. 40 41 Lesa Starkenburg commented regarding oversighted activities that should be exempted. 42 43 Planning Minutes, 3/5/96, Page 2 1 2 3 4 5 6 7 8 9 10 Motion carried unanimously. 11 12 2. 13 14 15 Vickie Woods, Planning Dire ct 16 17 18 19 Dawson moved to recommen d 20 21 Motion carried unanimously. 22 23 ADJOURN 24 25 The meeting was adjourned at 26 27 28 29 v 30 Eliz eth Bennett, Recording Secielui 31 32 ATTEST: 33 34 35 36 37 38 Dana Brown- a : , ounce erk Sherilyn Wells voiced several concerns, including scriveners errors; education element; land clearing ordinance and Charter Amendment 2; prevention emphasis; sensitive resource areas (Lummi); minimum disturbance of the watershed; agricultural exemption; and clearing definition -- no timeline. Starkenburg moved to hold in committee for two weeks and work on language changes discussed today. He requested written comments be submitted no later than Friday, March 8, by. 5 p.m. ORDINANCE ESTABLISHING STANDARDS FOR THE VESTING OF PROJECT PERMITS AND PROJECT PERMIT APPLICATION (AB96 -076) or, stated this needs to be codified. Florea responded to language concerns by Sutter. Donovan Kehrer also commented. approval. 4:50 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Alvin dalfren-16—di7g-, • erp. _7)1 Planning Minutes, 3/5/96, Page 3