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HomeMy WebLinkAboutPlanning and Development March 6 1990WHATCOM COUNTY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE March 6, 1990 The meeting was called to order at 1 p.m. by Committee Chairperson Marge Laidlaw in the Council Conference Room. Also present: Absent: Emily Jackson None. Donald Hansey 1. DISCUSSION OF PETITION TO REZONE (FROM RESIDENTIAL TO COMMERCIAL) WEST BAKERVIEW AREA (AB90 -48) At Laidlaw's bidding, Taylor reported that Planning did not believe the zone change would be appropriate at this time, that it would be better to include it as part of the Urban Fringe study, and that general commercial may not be the best zoning for the area. Jack Ludwigson, attorney for five property owners along Bakerview Road, explained the rezone request and distributed paperwork in a red binder (one copy for each Council member) about the proposal, plus some photographs of the area that Ludwigson said show the impact of development on that area. People who live in that area did not seek the development, but now are caught up in it. The property never will revert to the rural nature that it i once enjoyed. Ron Bennett, Realtor, said he is heavily involved with people in the area who are concerned about the 1400 units either under construction or in the planning stage for that area. Commercial would be the highest and best use of the area. Deputy Public Works Director John Tyler said no residential permits were issued for residential construction in that area since he's been on staff. Also said the intersection of Bakerview and Northwest Road is being signalized, which may help traffic in that area. Ludwigson said property owners recognize the road needs to be improved, and understand such improvements may "hit them in the pocket book." Nancy Lindley, Lindley Realty, represents four property owners who are concerned with the mixed zoning in the area. She said it is difficult to sell a residential parcel that is next to a hotel, for example. Taylor said the Urban Fringe plan won't be through the Planning Commission until March of 1991, at the very least. He said it would be premature to do the rezone on an isolated basis. After some discussion, Taylor said a business park concept is good, but a Lynnwood -style strip development should be avoided. Discussion continued. Hansey asked why the Council couldn't just ask the Planning Commission to take this on, save the citizens the $1,017 filing fee. Taylor said such a move would set a precedent for other rezones., Also, whether the citizens applied for the rezone or the Council ordered Planning Commission to review P &D, 3/6/90, Page 2 the possibility, the item would not appear on the Commission's agenda until June, at the least. Randi Martin, West Bakerview, said only general commercial would be a reasonable use of the land. There was discussion. Taylor said the Planning Commission would look at the full range of possibilities, not just general commercial, in any case. In the Urban Fringe process Planning could be more creative. There was more discussion. JACKSON MOVED THAT THE MATTER BE PLACED ON THE NEXT PLANNING AND DEVELOPMENT COMMITTEE AGENDA FOR DISCUSSION, WITH THE UNDERSTANDING THE THE REZONE ATTEMPT IS SUPPORTED IN CONCEPT. There was more discussion. Hansey and Laidlaw said they would be inclined to have Council deal with this matter at the evening meeting (3/6). Jackson withdrew her motion. Jackson confirmed with Taylor that even though the petition requests general commercial, zoning would not be the only option. Taylor said the zoning change would be advertised to give more flexibility. HANSEY MOVED THAT THE PLANNING AND DEVELOPMENT COMMITTEE FORWARD TO COUNCIL A RECOMMENDATION OF FORWARDING TO PLANNING COMMISSION A REQUEST TO REZONE THE AREA OF BAKERVIEW ROAD FROM ALLANS ROAD (CITY LIMITS) TO TOURIST COMMERCIAL ZONE AT I -5 INTERSECTION ON BOTH THE NORTH AND SOUTH SIDES OF BAKERVIEW ROAD. There was some discussion. Motion carried unanimously. 2. *ORDINANCE AMENDING THE ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM (AB90 -70) Laidlaw said this item was brought to her attention by Lummi Island residents who were concerned that only the County was bound to comply with an ordinance adopted in 1985, which was intended to limit herbicide spraying in all sensitive areas. The amended ordinance includes language drafted by former Council Member Will Roehl and Deputy Prosecutor Randy Watts. The amendment essentially extends the provisions of the old ordinance to anyone using county's right of way in critical watersheds, limiting their spraying activities. Pam Gould, Lummi Island spoke in favor of the wording change. She and others were involved in getting it to this point. She discussed various aspects of the ordinance. Art Hole, Lummi Island Groundwater Committee, talked about the possible impacts spraying could have on groundwater. P &D, 3/6/90, Page 3 Sheila Marshall, Lummi Island, spoke about the possible dangers in using herbicides. The County can't possibly screen all the herbicides for safety, she said. John Tyler, Buildings and Code noted that sometimes just pulling weeds is not satisfactory. He said staff needs more time to analyze the ordinance and some of its impacts. There was discussion among Laidlaw and Watts. Russ Van Buren, Puget Power Business Manager, said the franchise granted to Puget Power in 1976 allows Puget Power 30 -days review period of new legislation and policy changes by franchise holders. The change could have a negative impact on the company. There was discussion. Tim Wilson, Puget Power, said the company is in the midst of a five year cyclical program to control weeds. The company is concerned about the possible impact the ordinance would have on this program, although herbicides are among several tools the company uses in its efforts. In response to a question by Laidlaw, Watts said the ordinance would not have much of an effect on existing contracts with the County. The franchise contains no clause delineating what kinds of maintenance may take palce, and changes in County regulations are to be expected in a 25 -year period. As long as the franchise holders get their 30 -day notice, there should not be a problem, Watts said. Bader said the Health Department is concerned about the impacts of herbicides on sensitive areas, particularly for sole source aquifers. The Departments position is that it neither endorses nor condemns the use of pesticides, until it has scientific documentation. Bader also noted that restrictions on herbicide use could encompass treated telephone poles; it was something to consider, he said. Discussion ensued. Jack Blampied, Legoe Bay Road said he gets his water from an area that will be sprayed. Wants Puget Power not to spray until this issue resolved. Later in the meeting, a Puget Power representative noted that the area referred to by Blampied would not be sprayed. Marlen Hansen, Public Works, said at the time this passed, we talked about enforcing use of herbicides by private individuals. He said the Council did not get into this matter because of problems with enforcement. There was more discussion. Dave Grunick of Cascade Natural Gas said the company seldom uses herbicides. Was concerned about the company getting proper notice of the proposed policy change. Continential Telephone representative Gerald Crutch said his company also would like more time to examine the proposed changes. Laidlaw noted that the ordinance could be introduced at the Council meeting later in the evening, but would not necessarily be acted upon for quite some time.. "It is not a done deal," she said. It was decided that the Committee would discuss the matter again at its March 27 meeting. Discussion ensued. P &D, 3/6/90, Page 4 3. REPORT ON OUTSTANDING PLANNING AND DEVELOPMENT COMMITTEE ITEMS BY DAN TAYLOR (AB90 -72) Taylor went over the contents of his memo to the Committee (on file) about the William Blunt open space application (denied); the Portage Island access issue; and other matters. Portage Island: Taylor said he will check with the Lummi Tribe to see if it received the County's letter on this matter. The letter was received by the Federal Government and also caught the attention of the state Interagency for Outdoor Recreation (IAC). He will report back to the Committee in April. Paul Crandall Open Space: Crandall and Vivian Lewis have a private dispute that brought about complaints regarding Crandall's open space property. After some discussion, Taylor said his staff would suggest that Crandall post an open space sign that contains a map, so people would not walk over neighboring properties. Discussion continued about open space rules and fees charged by the county. Colorized map of open space properties: Treasurer Barb Cory's map is out of date now, Taylor said. After some discussion, Taylor said a summer intern may be assigned the task of updating the map. 4. PRELIMINARY DISCUSSION OF HEARING DATE /SCOPE FOR POINT ROBERTS COMPREHENSIVE PLAN (AB90 -73) Taylor said later this week the comp plan packet will be available to the Council. He suggested the Council set a hearing on the entire plan, which involves various zone changes, a clause on transfer of development rights, and a special district proposed for the area. The toughest task for Council will be to figure out the zoning maps, he said. The Committee and Taylor reviewed some of the map changes. The Committee decided that the hearing should be scheduled for April 3, if other Council members did not object. The meeting adjourned at about 3 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ramona Reeves, Council Clerk Marga. t M. Laidlaw NAME Dan Taylor Carl Batchelor Sarah Bussard Alan L. Martin Ron Bennett Randi L. Martin Howard R. Lowe Jack Ludwigson David Bader Rich Evans Jack Blampied Sheila Marshall Pam Gould VOLUNTARY ATTENDANCE SHEET PLANNING AND DEVELOPMENT MARCH 6, 1990 ADDRESS /ORGANIZATION Planning Department of I 760 W. Bakerview Road 1919 Cornwall, Bellingham 760 W. Bakerview 680 W. Bakerview 119 N. Commercial attorney for W. Bakerview landowners Health Department 3791 Centerview, Lummi Island 4401 Legoe Bay Road, L.I., 98262 2781 W. Shore Dr., L.I. 98262 2384 Tuttle Lane, L.I. 98262