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HomeMy WebLinkAboutPlanning July 28 1992WHATCOM COUNTY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE Tuesday, July 28, 1992 The meeting was called to -order at 1:35 p.m. in the Council Chambers, 1000 N. Forest, 2nd floor, by Ken Henderson, Chairr„an_ Also present: Absent: Larry Harris Dennis Vander Yacht 1. UPDATE ON LAND EXCHANGE AMONG TRILLIM DNR, AND WHATCOM COUNTY (AB91 -249) Topics discussed: Purpose (to improve state managed lands, acquire part of Chuckanut Mountain, increase public ownership of Lake Whatcom, and acquire special lands on the Nooksack River for recreational access); exchange process; history of the exchange; special area of Smith and Austin Creeks; measuring revenue impact; negotiations involved; federal grant lands; DNR's goals; Forest Practices Act; means of returning lands to the County that have been given to DNR control. DNR is holding a Public Information Day this Thursday, July 30, at the Rome Grange from 5 to 8 p.m. and a public hearing designed to gather public input into the formation process on Tuesday, August 4, at Arntzen Hall, 7 p.m. Another hearing may be held with the work is further finalized. Persons speaking: Gordon Scott, Planning; Jerry Otto, 706 Scott Dr., Centralia; Kit Metlin, 4218 Foxall Dr., Olympia; Harris; Henderson. 2. COUNTY -WIDE ADDRESSING SYSTEM (AB92 -170) Topics discussed: Ways in which road names are chosen; forming a committee to review road names; the particular request of Spider Run Road. Persons speaking: Henderson. Julie Batton, 2065 Lake Louise Rd: Objects to changing the name of the road to Spider Run. The entire population of the road objects. They suggest Lake Louise Trail Road in order to clarify their location for emergency vehicles. Their second concern is the lack of response they have had from John Tyler; they've made repeated requests to meet with him. Henderson will request that Buildings and Code address. this issue. Henderson will intercede with the Executive in this particular request. Planning & Development Minutes, 7128192, Page 1 3. ORDINANCE AMENDING THE LYNDEN- NOOKSACK VALLEY COMP PLAN AND OFFICIAL ZONING MAP FROM GENERAL COMMERCIAL TO RURAL RESIDENTIAL TWO PER ACRE FOR APPROX. 10 ACRES AND FROM RR2 TO GC FOR APPROX. 2 1/2 ACRES ON BOTH SIDES -OF GUIDE MERIDIAN, SOUTH OF WISER LAKE AND NORTH OF BARTLETT ROAD (AB92 -288) Topics discussed: History of request; issues involved; ecology of the lake; widening of Guide Meridian; possibility of a hearing; commercial sprawl; water availability; sewer facilities; traffic capacity on the `-Guide; controlled access and frontage; Planning Commission's original rationale of July 18, -199-1; contracts -in the proposed ordinance; use restrictions; proposed grocery store; if hearing is held, time delay involved. Persons speaking: Dan Taylor; Planning; Gordon Rogers, Planning; Henderson; Ed Henken, Engineering; Harris; Vander Yacht. Phillip Serka, representing Scholten Roofing: They are asking the Council to finalize this and adopt the ordinance as it has been drafted and as soon as possible. The moratorium has been in effect since 1990; the basis for the moratorium, a proposed gas station, no longer exists. Discussed the ways that Scholten has worked to cooperate with the neighbors and to protect the integrity of the area. This property is not causing traffic problems on the Guide. The original zoning was made to recognize existing uses. Scholten plans to expand his warehouse, but has been unable to do so because of the moratorium. HARRIS MOVED TO RECOMMEND RETURNING TO THE JULY 18, 1991, RECOMMENDATION OF STAFF. Bob Anderson, 203 W. Holly, land use planner: The Guide does not have a model and such a model is not appropriate for the Guide. Different solutions exist for different sites. Remember, people don't want to live right along the Guide as a general rule, though the Lake makes some difference. Feels that very little more information can be gathered by having more hearings. This is a rural commercial kind of activity. The motion failed with Vander Yacht and Henderson against. HENDERSON MOVED TO RECOMMEND PASS TO COUNCIL. The motion carried 2 to 1 with Harris opposed. 3:35 p.m. Word arrived that Serka's clients will not be signing the contract; Tyler says this means the ordinance will not be in effect even if passed by Council. Because the moratorium is up August 4, Planning will be bringing an emergency moratorium to Council tonight. Planning & Development Minutes, 7/28/92 Page 2 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP (AB92 -289) 5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE, CHAPTERS 20.42, 20.43, 20.80.272, 20.80.273, AND CREATING A NEW CHAPTER 14.04 (AB92 -290) 6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE LAND USE PLAN FOR THE LAKE WHATCOM, CHUCKANUT -LAKE SANUSH, LYNDEN - NOOKSACK VALLEY, FOOTHILLS, AND LUMMI - ISLAND - SUBAREAS -3'O - MAKE CONSISTENT WITH LANGUAGE ADOPTED FOR THE SOUTH FORK VALLEY SUBAREA (AB92 -291) Items 4, 5 and 6 were discussed together. Topics discussed: Protection of forest land from "erosion' through development; possible conflicts resulting from residential in forest lands; difference between "residential forestry" and "commercial forestry"; efforts of Planning to get public involved; Planning's commitment to continue reviewing those who want to be in residential forestry and are still in the process of qualifying (e.g., getting into a fire district); Squalicum Mountain problems; Title 14 is the right to practice forestry; permanent watchman allowance; number of dwellings allotment change; effect on R5 and R10 parcels; number of persons affected by the changes; urgency of dealing with this or lack of it; public interest in what's happening in forest lands; pros and cons of another hearing; consequences on the Council staff and County staff of the proliferation of public hearings; costs of further hearings; value of public hearings; possibility of Committee hearings. Persons speaking: Scott; Harris; Henderson; Bob Woods, Budget Analyst; Dan Warner, Council Chair; Vander Yacht. Sherilyn Wells, 1020 Geneva, Friends of Lake Whatcom: Asked whether a fire district has an obligation or desire to annex an island of residential forestry surrounded by commercial forestry and if the Council would lean toward the commercial forestry zones being taken in. Woods answered that a percentage of the population must petition the annexation and the Fire District must accept it. Then it goes to the Boundary Review Board. Roger Almskaar, Land Use Consultant representing Trillium: Two specific areas of concern in the zoning —So. Bay Area and Canyon Creek Glacier area. Feels that the documents as presented reflect too little change and are too stringent, not allowing for other possibilities. The issues of proximity and lot size have not been dealt with adequately in the ordinance. Feels that Planning did not adequately address the concerns public brought up at the hearings. Planning & Development Minutes, 7128192, Page 3 Bob Tull, 119 Grand Ave., representing Albert McMillen: Feels that the 20 acre minimum forestry has historically dealt with residential; residential does not prohibit logging. Feels that many are being affected who have not been adequately told. Land use rights are being violated. McMillan, under this ordinance, will be legally deprived of all his land use rights under the constitution. The County cannot put itself in the position of "takings," even if those are temporary. Suggests that the ordinance be worked on further before any adoption. Subareas need to be explored and further hearings held. Richard White, 778 No. Lake Samish Dr.: An attorney, he would like to support what Mr. Tull said about "takings." Mucb °of the land involved in this area -could be considered such. Wants assurance that those following- the-permit process will be- allowed to finish. Beverly Gunderson, 1215 E. Victor, Bellingham: Notified that their land has been designated commercial forestry while property on either side has been designated rural forestry. They would like to have the opportunity to build a house on this property. Two wells have been put in. They have an easement into their property. They have a septic plan. Requests their designation be changed. This item will be held in Committee. 7. ORDINANCE CORRECTING A SCRIVENER'S ERROR IN TITLE 20, THE OFFICIAL WHATCOM COUNTY 'ZONING CODE RELATED TO PARCEL SIZES IN THE AGRICULTURAL DISTRICT (AB92 -304) Topics discussed: Reason for the ordinance; intent of the original zoning wording; time frame for dealing with issue; implications for many in the County; alternatives; request from Imhof for a delay while he comes up with some alternative wording; need for Agriculture Committee review; reasons for addressing deeper changes; historical interpretation. Persons speaking: Taylor; Henderson; Vander Yacht; Bob Imhof, Council Member; Harris. HARRIS MOVED. TO RECOMMEND PASS. Motion carried 2 to 1 with Vander Yacht against. Because there was no further business, the meeting was adjourned. A PLANNING & DEVELOPMENT COMMITTEE Nancy Assistant Clerk Ken Henderson, Chairman Planning & Development Minutes, 7128192, Page 4