HomeMy WebLinkAboutPlanning September 14 1993WHATCOM COUNTY COUNCIL
PLANNING AND DEVELOPMENT COMMITTEE
September 14, 1993
The meeting was called to order at 12:30 p.m. in the Council Chambers, 1000 N. Forest St.,
2nd floor, by Daniel M. Warner, Chair.
Also present:
Larry Harris
Barbara Brenner
Absent:
None
1. ORDINANCE EXPANDING THE USE OF AIRCRAFT LANDING
AREAS TO ALLOW OPERATION OF AIRCRAFT FOR PERSONAL USE
IN THE AGRICULTURE AND RURAL ZONES AS A CONDITIONAL
USE, AND TO ADD SECTIONS ALLOWING AIRCRAFT LANDING
AREAS AS A CONDITIONAL USE IN THE RURAL FORESTRY AND
COMMERCIAL FORESTRY ZONES, AND AS AN ACCESSORY USE IN
THE COMMERCIAL FORESTRY ZONES (AB93 -213)
Topics discussed: Larry Harris' concerns that this issue should be dealt with by the
Federal Aviation Administation (FAA); the need for consultation with the FAA; tabling
until more information is provided; setting guidelines; guidelines for chemical spraying and
storing at the private airports; customs questions.
HARRIS MOVED THAT THIS ISSUE BE TABLED UNTIL QUESTIONS HAVE
BEEN ANSWERED BY THE FAA.
There was discussion on the motion.
Topics discussed: Brenner stated that if this item is tabled, she would prefer to table
with quidelines and time limitations; information from Gordon Rogers on the FAA;
regulations and guidelines that that are dealt with by the FAA; conacting the Port;
Washington Aeraunotics concerns; aircraft operation taking place; agricultural chemical
storage; encouraging the use of the chemical storage area at the Bellingham International
Airport; loading and unloading of the chemicals; jurisdiction of local government; policy
and guidelines; enforcement evolving at the county level; the cost of having the county
enforce the regulations; certified and uncertified airports; safe and reasonable operation;
the authority of the conditional use permit process; possible problems with customs; rules
for crossing the Border and monetary fines related to violations; changes in the land use;
land area required; neighborhood involvement; notifying potential property buyer of
easements on their property; making sure that legal affidavits granting easements run with
the land; economic impacts of rural airports; restricting the number of planes that can use
an airstrip.
Planning & Development Minutes, 9/14/93, Page 1
Harris' motion failed 2 -1, with Harris in favor.
There was further discussion on this issue.
Topics discucssed: Changing the language to read "no more than three planes" unless
otherwise stated in the conditional use permit rather than "controlled or owned by the
tenant"; taking out the word "controlled" and state that the property owner can use the
airstrip for their private planes and occasional visitors; using the airstrips for personnel uses
rather than commercial; handling problems as they come up rather than trying to over -
regulate; changing the language; fuel storage; the rules and guidlines for spray operations;
daytime operation; buffers.
WARNER MOVED TO AMEND THE ORDINACE TO READ AIRCRAFT
LANDING AREAS FOR PERSONAL AIRCRAFT BASED AT THOSE LANDING
AREAS OWNED OR CONTROLLED BY LANDOWNER OR TENANT OR AS SUCH
LIMITATIONS AS MAY BE SET BY HEARING EXAMINER OR AGRICULTURAL
AREA APPLICATION OF AGRICULTURAL CHEMICAL USES PROVIDED.
The motion carried unanimously.
WARNER MOVED TO RECOMMEND ADOPTION OF THE ORDINANCE TO
THE COUNCIL.
Page 1 of Exhibit A is the correct language. The language that Warner is proposing
is in the September 7 memo from Gordon Rogers, pages 86 and 87 of the packet.
The motion to recommend adoption of the ordinance with amendments carried 2 -1
with Harris opposed.
Speakers: Harris; Brenner; Gordon Rogers, Planning; Warner; Henderson; Doug
Davis, 2988 Hopewell Rd.; Doug Sande, 5376 Mariatto Rd.
2. ORDINANCE AMENDING THE FOOTHILLS SUBAREA
COMPREHENSIVE PLAN, AND THE OFFICIAL ZONING ORDINANCE
TO ALLOW ONE PRIVATE, NON - COMMERCIAL RECREATIONAL
VEHICLE OR MOBILE HOME PER LOT WITHIN PRE - EXISTING
RECREATIONAL SUBDIVISIONS AS A PERMITTED USE IN THE
URBAN RESIDENTIAL AND RESIDENTIAL RURAL DISTRICTS IN
THAT SUBAREA, AS WELL AS AMENDING THE FOLLOWING
WHATCOM COUNTY SECTIONS RELATING TO THIS CHANGE:
TITLE 20.94 REGARDING ENFORCEMENT AND PENALTIES; AND
TITLE 20.97, REGARDING DEFINITIONS (AB93 -310)
Warner gave some background information on this item.
Planning & Development Minutes, 9/14/93, Page 2
Topics discussed: The confusion of travel trailers vs. mobile homes; single family
residences; the text amendment; changing the zoning; prohibiting the Mount Baker Rim
Community from becoming a trailer park; enforcement; the recommendation of the Mount
Baker Rim Board; how to control grandfathering; covenants; the need to have the more
restrictive regulations of the County rule; additions to the allowed uses within the park; the
density of the lot carving; how health regulations are enforced; violation of Health
Department regulations; attorney /client concerns; some folks wanting to continue on as
they have for years; grandfathering in trailers; underlying zoning versus covenants; the
importance of covenant restrictions; flexible zoning change to allow the convenants to take
precident over zoning; the expentations of all parties involved; coming to a compromise
that is agreeable to both sides; statement by one attorney that the vast majority of property
owners in the Paradise Lakes Community Club support the zoning change /text amendment;
other recreational areas in Whatcom County; the 120 day limit for a person to live /stay in
a trailer; the "tacky trailers" that have been placed on lots in the Rim community center;
owner votes; the history of Paradise Lakes; the possiblity of down zoning in the Mt. Baker
Rim area; the Mount Baker Rim Community Association Board allowing grandfathering of
existing trailers with the stipulation that if the lot is sold, the trailer must be removed; local
enforcement of regulations.
BRENNER MOVED TO LEAVE THE ZONING AS IS AND ALLOW THE
GRANDFATHERING OF ALL NON - PERMANENT STRUCTURES AND VEHICLES
TO TAKE PLACE UPON PASSING OF THE MOTION.
Harris would support Brenner's motion if the time frame was changed to one year
rather that upon passing of the motion.
Warner stated that he would agree to less time than one year and recommended nine
months.
There was further discussion on the motion.
Topics discussed: Problems with grandfathering; legal dilemma; grandfathering an
illegal use; problems with enforcement; tracking; civil infraction system; the ability to change
covenants within the associations; the one year clause; additions to the enforcement
penalities; separating the enforcement and penalities section into its own section or
ordinance; any changes must be made by text amendment or ordinance; the intent of
Brenner's motion.
BRENNER REWORDED HER MOTION TO READ TO REJECT THE
RECOMMENDED TEXT AMENDMENT CHANGE AND FURTHER MOVE THAT
STAFF DEVELOP AN AMENDMENT TO THE TEXT TO GRANT GRANDFATHER
IN EXISTING ITEMS AND RETURN IT TO THIS COMMITTEE.
The motion failed 1 -2 with Brenner in favor.
Planning & Development Minutes, 9/14/93, Page 3
HARRIS MOVED TO RECOMMEND TO THE COUNCIL THAT THEY
ACCEPT THE TEXT AMENDMENT AND HAVE IT GO INTO EFFECT IN ONE
Vd "I
The motion carried 2 -1 with Brenner opposed.
The enforcement section needs some more work and should be be included in the
motion.
Speakers: Margie Gustafson; Jeff Griffin, Planning; Harris; Charles Gustafson; Jon
Sitkin; Terry Louise, Representative for Paradise Lakes Country Club; Nate Brown; Joe
Shearer; Tom Roberton, trailer owner at Mt. Baker Rim; Bob Woods; John Sawyer,
President, Mt. Baker Rim Committee.
3. DISCUSSION /DIRECTION ON PROPOSED REVISION TO TITLE 20,
AMENDING THE MAJOR DEVELOPMENT PERMIT PROCEDURE TO
ALLOW THE COUNTY COUNCIL ADDITIONAL TIME TO CONSIDER
APPLICATIONS (AB93 -291)
WARNER MOVED TO REFER THIS TO THE PLANNING COMMISSION AND
THE PLANNING DEPARTMENT.
The motion carried unanimously.
Speakers: Woods
4. DISCUSSION WITH PLANNING REGARDING URBAN GROWTH
BOUNDARIES (AB93 -347)
Topics discussed: Meeting the deadlines for the setting of the urban growth
boundaries; Van Zanten wonders if this issue must be dealt within the time constraint of
October or can it be prolonged; adopting the boundaries and this item being sent to the
county by the state; proposed urban growth boundaries set by the cities; the problems
associated with meeting the October deadline; the discussion of this by the Planning
Commission; the interims are the ones that need to be adopted by October 1; financial
penalities; meeting deadlines set by the state and state funding being tied to those deadlines.
HARRIS MOVED TO RECOMMEND TO THE COUNCIL THE PLANNING
COMMISSIONS' RECOMMENDATION TO MEET THE DEADLINE FOR THE
COMPLETION OF THE URBAN GROWTH BOUNDARIES.
The motion failed 1 -2, with Harris in favor.
Brenner and Warner feel that the Planning Department needs more time.
Planning & Development Minutes, 9/14/93, Page 4
There was further discussion on the motion.
HARRIS AMENDED HIS MOTION TO STATE THAT THE COMMITTEE
RECOMMEND TO THE COUNCIL TO SUPPORT THE PLANNING COMMISSIONS'
DECISION TO HAVE THE PLANNING STAFF PROCEED WITH THE INTERIM
BOUNDARIES.
The motion carried unanimously.
Speakers: Vicki Matheson, Planning; all council members; Doug Campbell,
consultant.
5. DISCUSSION OF ANNEXATION PROPOSALS, POSSIBLE
RECONSIDERATION OF COUNCIL POLICY (AB93 -181A)
Topics discussed: Problems with the current process; defining the role of the
boundary review board.
BRENNER PROPOSED THE FOLLOWING WORDING: NOW THEREFORE
BE IT RESOLVED THAT WHATCOM COUNTY WILL SEEK REVIEW OF ALL
ANNEXATION REQUESTS TO THE BOUNDARY REVIEW BOARD, WITH THE
EXCEPTION OF MINOR WATER AND SEWER EXTENSIONS, PRIOR TO THE
ADOPTION OF URBAN GROWTH BOUNDARIES AND INTERLOCAL
AGREEMENTS BETWEEN WHATCOM COUNTY AND THE CITIES.
Speakers: Brenner; Warner; Harris; Doris Prather; Doug Campbell.
Brenner will ask Sharron Wolf to come to the next Committee Meeting to answer
questions of the members.
6. OTHER BUSINESS
As there was no other business, the meeting was adjourned.
ATTEST:
Ramona Reeves, Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
r
Daniel M. Warner, Council Member
Planning & Development Minutes, 9/14/93, Page 5