HomeMy WebLinkAboutPlanning and Development November 13 1990WHATCOM COUNTY COUNCIL
PLANNING & DEVELOPMENT COMMITTEE
November 13, 1990
The meeting was called to order at 2 p.m. in the Council Conference Room, 2nd
floor 1000 N. Forest St. by Committee Chairperson Marge Laidlaw.
Also Present:
Emily Jackson
Don Hansey
Absent:
None.
1. REPORT /RECOMMENDATIONS OF SHORELINES CITIZENS
ADVISORY COMMITTEE (30 MINUTES) NO PPR
Planner Terry Galvin reported on the recommendations of the Shorelines Citizens
Advisory Committee. He said Phase I of the Committee's tasks (the map changes) is
finished, and Phase II (public access) is nearing completion. The public access portion will
need a public hearing and Planning Commission review, possibly will be in January or
February. The Committee urges the Council to place Phase I on hold until Phase II is
completed, then adopt both at the same time.
Aquaculture is an issue the Committee recommended strongly for review and study,
asking the Council to ask Planning to prepare an analysis, have it go through the public
review system. Discussion took place about the aquaculture considerations. San Juan and
Island counties have passed model ordinances dealing with this issue, which the state
Department of Ecology (D.O.E.) has reviewed favorably. Jackson said she has read both
model ordinances and feels no problem with studying them further.
Discussion took place about the recommendation to make to Council.
JACKSON MOVED TO PUT RECOMMENDATIONS ON HOLD UNTIL THE
PUBLIC ACCESS STUDY IS COMPLETED, UNTIL PHASE II IS COMPLETED AND
THROUGH THE PUBLIC REVIEW PROCESS, THAT IS, THROUGH THE
PLANNING COMMISSION.
Jackson asked if the Council would need to impose a moratorium on anything.
Taylor said something could happen while the three map amendments are holding; both
Taylor and Galvin said they couldn't be sure. State Environmental Policy Act (SEPA)
Officer Jerry Mixon said would feel more comfortable if a moratorium were done. Laidlaw
asked if the D.O.E. would accept the Phase I with out Phase II; Galvin said they probably
would, reluctantly.
Galvin said Committee member Roger Sahlin suggested a list of changes. Some were
very good recommendations. If Phase I were put on hold, the Committee could revisit some
of the areas he brought up.
Motion carried unanimously.
JACKSON MOVED TO HAVE THE COMMITTEE STUDY THE AQUACUL-
TURE ISSUE, MAKING IT PHASE III.
Galvin talked about hydroelectric projects; he recommended putting a study of those
on hold until a later time. It is not urgent.
Buildings and Code submitted a letter expressing its dissent on the Shorelines issues
(October 29 memo submitted to Hansey). Laidlaw said those concerns would be addressed
after the entire project is through the Committee process; some of these things may be
resolved. It was clarified that after the public access phase is completed, the Council could
expect a final document from the Committee.
Jackson's motion carried unanimously.
Jackson suggested thanking the Committee formally. Laidlaw agreed this should be
done. Galvin suggested sending doughnuts; Committee member Roger Almskaar suggested
home -made cookies would be better.
Puget Sound Water Quality Authority Program. Almskaar said he was speaking as
member of a private sector group known as the Whatcom Land Use Round Table. The
group has worked with the City of Bellingham on its wetlands ordinance. He distributed
to Committee only the model wetlands protection ordinance. (Clerk did not get a copy).
He talked about the concerns of the business community regarding the W4 enhanced
regulatory program for wetlands protection, which the Authority is hoping to adopt after a
hearing November 21. Jackson said she understood the Legislature would have to adopt this
after Authority review in order for it to be binding; Almskaar said the Authority is not clear
on that point.
He discussed the various aspects of the proposal. Wet meadows are not worth saving
for posterity, he said. If local government imposes 200 to 300 foot setbacks as recommend-
ed, would be exposing self to "taking" lawsuits. No inventory accompanies the regulations,
so no one can determine the full impact of them. Jean Gorton of the Trillium Corporation
will be at Council meeting to discuss this further, he said. Alsmkaar urged the Council to
get familiar with this, and let Puget Sound Water Quality Authority know if the Council is
uncomfortable with it by November 21.
Jackson thanked Almskaar and said she has a letter drafted along the lines he
suggested, but she was under the impression the Council should make a strong statement
that this needs more local control. Even though the Authority may okay this, this would
need to go through the full legislative hammering; this would be just a starting document.
She would like to have that clarified before the hearing.
Ahnskaar said RCW 90.70.070 seems to give the Authority power to conduct planning
regulatory and appeals action.
2. ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON
PROCESSING OF CONDITIONAL USE PERMIT APPLICATIONS FOR
SOLID WASTE DISPOSAL FACILITIES AND SITES, PENDING STUDY
OF APPROPRIATE OFFICIAL CONTROLS (AB90 -363) 78 -80
There was discussion of this. The extra month is a safety factor; discussion of need
for hearing. Haney asked questions.
HANSEY MOVED THAT THE COMMITTEE RECOMMEND APPROVAL.
Motion carried unanimously.
3. RESULTS OF COUNCIL REMAND TO PLANNING COMMISSION
REGARDING A REZONE FROM R -10A TO R5A FOR AN AREA
SMALLER THAN THE ORIGINALLY REQUESTED 1350 ACRES IN
THE BIRCH BAY-BLAINE SUBAREA (AB90 -197A) 90 -103
Batchelor said there are three alternatives the Planning Commission reviewed,
involving respectively 135 acres, 55 acres, and 35 acres. He explained what each alternative
would have allowed. Planning's recommendation was that alternative three was most
desirable, while the Commission moved to accept number 2; that motion failed. A motion
to deny all alternatives carried 4 -3 with one abstention. Alternatives are to remand it again
to the Commission, or the Council could hold its own hearing, or it could accept the
Commission's recommendation.
JACKSON MOVED TO ACCEPT THE PLANNING COMMISSION'S RECOM-
MENDATION.
Laidlaw said originally the Planning Commission recommended denial. Attorney Bob
Tull said represents the Allens. The Commission didn't have any real problem with the
alternatives, he said, but the prior item on its agenda for a rezone near the City of Ferndale
confused the issue. He talked extensively about old time zoning. Jackson spoke against Tull
and in favor of the Commission. Hansey said he would like to vote for Planning staffs
alternative 3. The Planning Commission by majority vote did not accept or reject this, he
said. By the way, Tull was basically recommending Council have a hearing to adopt
alternative 3. Laidlaw said she was between the two.
Motion carried 2 -1, with Hansey opposed.
Laidlaw said her position was different from Jackson's. Tull wanted to address the
Council during open session because he didn't feel the Planning Commission minutes did
justice to his comments at their deliberations. Batchelor said the minutes were in draft
form. Tull said he was offended by the minutes. Jackson commented; Tull responded.
Haney commented.
4. RESOLUTION ADOPTING RECOMMENDATIONS TO INITIATE THE
COORDINATED WATER SYSTEM PLAN PROCESS AS SPECIFIED IN
RCW 70.116 (AB90 -383) 107 -112
The Public Utility District (PUD) has staff and capability for taxing authority,
although never used it, Planner Diane Harper said. The County is seen as a more partisan
player. PUD not had potable water available in the past, so are perceived as more unbiased
and longer term player than the County. Committee members asked question about the
transfer process. There was discussion. the PUD boundaries are equal to County's
boundaries.
JACKSON MOVED APPROVAL.
Motion carried unanimously.
5. OTHER BUSINESS
Craig Maple, Planner III, was introduced. He was hired as a result of a supplemental
budget.
ATTEST:
Ramona Reeves, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Margaret Xt Laidlaw, Member