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Home My WebLink AboutPlanning December 7 1993WHATCOM COUNTY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE December 7, 1993 The meeting was called to order at 1:30 p.m. in the Council Chambers, 1000 North Forest Street, 2nd floor, by Daniel M. Warner, Chair. Present: Absent: Larry Harris None Barbara Brenner (late) 1. REQUEST FOR A ZONING MAP AMENDMENT FROM RURAL 10 ACRE TO RURAL 5 ACRE FOR 30 ACRES IN THE FOOTHILLS SUBAREA FOR DENNIS FEATHERS REPRESENTED BY JON SITKIN (AB93 -460) Speakers: Jon Sitkin, attorney; Dan Taylor, Planning; Bruce Harris; Henderson; Brenner; Warner. Topics discussed: The question before the Committee was whether they should proceed with the hearing on this item, as Mr. Feathers was not present and had asked the issue be delayed until the Spring. Mr. Sitkin pointed out the situation regarding the hearing cancellations. Dan Taylor said some of the delay has been due to the Planning Commission. Bruce Harris, 135 Summerland Road, Bellingham: He spoke to his frustration regarding continued cancellation of this matter and the possibility of new and important facts by Mr. Feathers. He spoke to his Appearance of Fairness challenge to the Planning Commission's decision. HARRIS MOVED FOR TAKING THIS MATTER UP TODAY SINCE THE APPLICANT IS, IN FACT, REPRESENTED BY MR. SITKIN, WHO HAS SAT IN ON ALL OR MOST OF THE PLANNING COMMISSION HEARINGS AND KNOWS THE ARGUMENTS EXTREMELY WELL AND CAN REPRESENT MR. FEATHERS, WHOSE ARGUMENT IS LAID OUT VERY COMPLETELY IN THE PLANNING COMMISSION'S MINUTES. Brenner argued to postpone the hearing for Mr. Feathers. The batching process was discussed by all. Warner discussed his feelings on postponement. Harris argued for his motion. Motion failed with Brenner and Warner opposed. Further discussion ensued on batch processing. Planning Minutes, 12/7/93, Page 1 BRENNER MOVED FOR SCHEDULING AT THE BOTTOM OF THE NEXT BATCHING PROCESS AND THAT IN NO WAY BUMP ANYONE ELSE. Motion passed unanimously. 2. ORDINANCE AMENDING WHATCOM COUNTY ZONING MAP FROM RURAL 5 ACRE TO LIGHT IMPACT INDUSTRIAL FOR 40 ACRES IN THE LYNDEN - NOOKSACK SUBAREA (AB93 -461) Speakers: Warner; Gordon Scott, Planning Department; John Hansell, attorney with Perkins Coie; Jerry Norman, General Manager, Great Western Lumber Co.; Harris. Topics discussed: This is a request from Great Western Lumber Company for a re -zone to allow them to expand instead of continuing to apply for conditional use permits, which involves time and expense. Jerry Norman, General Manager for Great Western: He spoke to the Company's request. The forest plan is still being worked on by the Federal Government. HARRIS MOVED FOR APPROVAL OF THE AMENDMENT. Motion passed unanimously. 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FOR THE CHUCKANUT -LAKE SAMISH, LAKE WHATCOM AND FOOTHILL SUBAREA DESIGNATING CERTAIN AREAS AS RURAL FORESTRY (AB93 -458) .Speakers: Gordon Scott, Planning Department; Bruce Harris; Brenner; Dan Taylor, Planning Department; Henderson; Roger Almskaar, Planner & Developer representing Trillium Corporation; Harris; Beverly Gunderson; Henderson; Walt Gunderson; Warner. Topics discussed: Sewer district; forestry zone for 20 acres; interim program; the Gunderson property; use of adjoining property; use of property as a camp. Bruce Harris: Lake Samish Community Assn. has some disagreement with the Planning staff re: the Wefer property satisfying the basic intent of the rural forestry criteria. He had several handouts for the Council, pointing out that these sites fail all development factors in the soil conservation inventory. He also spoke to Manley Road, saying it would be a constant cash outflow because the County ownes the road and not the property owners (for operations and maintenance). He recommended denial of the amendment. Planning Minutes, 12/7/93, Page 2 BRENNER MOVED FOR APPROVAL. Harris stated there are two properties he could not recommend. HARRIS MOVED FOR AMENDING THE MOTION TO EXCLUDE THE WEFER PARCELS. Motion to amend failed 2 -1 with Harris in favor. Motion passed unanimously. Scrivener's corrections noted by Dan Taylor to: - Page 153, Line 18, change from December 14 to December 7; - Page 154, Line 15, from December 14 to December 7; - Page 154, Line 14, after "Attachment A" add "including subarea maps and... ". 4. ORDINANCE AMENDING THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FOR APPROXIMATELY 20.44 ACRES EAST OF SILVER LAKE, SECTION 8, T40N, R6E FROM RURAL FORESTRY (RF) TO RURAL FIVE ACRE (R5A) (AB93 -462) Speakers: Gordon Rogers, County Planning; Henderson; Warner; Jon Sitkin; Harris; Brenner. Topics discussed: The question remains whether Mr. Feathers should be present to defend the recommended approval. HARRIS MOVED FOR SCHEDULING A HEARING ON THIS AND NUMBER 3 ABOVE. or not. Henderson recommended both hearings be set on the same date. Brenner said she thought it is all a question of whether the zoning is appropriate Motion passed unanimously. 5. ORDINANCE AMENDING THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FOR APPROXIMATELY 35 ACRES BETWEEN SILVER LAKE AND MOUNT BAKER HIGHWAY AT 8384 SILVER LAKE ROAD, SECTION .19, T40N, R6E FROM RURAL FORESTRY (RF) TO R10A (AB93 -464) Planning Minutes, 12/7/93, Page 3 BRENNER MOVED FOR APPROVAL OF THE AMENDMENT. Motion passed unanimously. 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (TITLE 20) SECTIONS .20'.22,32,34,36 AND .40 TO ALLOW DETACHED ACCESSORY DWELLING UNITS AS CONDITIONAL USE, AND .97 TO ADD DETACHED ACCESSORY DWELLING UNITS AS A CONDITIONAL USE (AB93 -463) Speakers: Gordon Rogers, Planning; Warner; Brenner; Dan Taylor, Planning; Harris; Henderson. Topics discussed: Possibility of density doubling in the rural five acres; water /septic systems; rural and ag areas in the amendment; extensive discussion regarding migrant farm workers; process of migrant worker housing; household member declaring 65% of his income in agricultural; Dan Taylor suggested a hearing on this matter, as Planning does not have much time to work on this. BRENNER MOVED FOR ADOPTION OF THE AMENDMENT. HARRIS MOVED TO DELETE ALL PROPOSED ADDITIONS AND DELETIONS TO SECTIONS 20.36.108; 20.36.157; 20.40.102; AND 20.40.157. THE PLANNING DEPARTMENT IS TO CONTINUE WORKING ON THIS ISSUE AND PRODUCE A PROPOSAL THAT IS ENFORCEABLE. Henderson said he felt a public hearing would be a good idea. HARRIS WITHDREW HIS MOTION AND MOVED FOR A PUBLIC HEARING FOR SOME FINE TUNING. Bob Wiesen, 3314 Douglas Road, Ferndale: He spoke to the Council's "nit- picking" and farmers being able to stay in this area by increasing the value of the crops produced. The farmers are complaining about all the rules and regulations they must deal with in order to stay in business. Brenner withdrew her motion. Gail Pattenaude, 5809 Alrich Road, Ferndale: She spoke about having a mobile home on their property for her and her husband behind their house and give their house to their daughter and her family. They have been trying to obtain a permit for three years. She mentioned the migrant "shacks" just two houses up from them. Motion passed unanimously. Planning Minutes, 12/7/93, Page 4 7. ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY CODE, CHAPTER 20.88, MAJOR DEVELOPMENT PERMITS TO MODIFY AND ELIMINATE UNREALISTICALLY RESTRICTIVE AND CONFUSING DEADLINES (AB93 -291A) Scrivener's errors noted by Bob Woods: - Page 194, Line 47, "twenty days" should be "forty -five days' - Page 194, Line 12, add "(20)" after the word "twenty ". BRENNER MOVED FOR APPROVAL OF THE ORDINANCE. Motion passed unanimously. 8. OTHER BUSINESS As there was no further business, the meeting was adjourned at 3:45 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON c Eli beth Bennett, Recording Sectry Daniel M. Warner, Chair Planning Minutes, 12/7/93, Page 5