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HomeMy WebLinkAboutPlanning and Development May 3 1989WHATCOM COUNTY COUNCIL PLANNING AND DEVELOPMENT COMMIT -FEE May 3, 1989 The meeting was called to order by Committee Chairman Tom Burton with members Emily Jackson and Will Roehl present. Also present were Dan Taylor, Carl Batchelor, Sarah Bussard, Planning; Ed Henken, Engineering; Pat DeHaan, Assessors: Marge Laidlaw plus the attached list of Tweed Twenty residents. 2. THE TWEED TWENTY /MAGRATH ROAD DISCUSSION (EXTENDING MAGRATH TO SKYLINE TO THE SOUTH AND MOUNT BAKER HIGHWAY TO THE NORTH) Mr. Brown said he and the other residents bought the property with the assumption that the neighborhood would remain intact. This proposed road would change all that forever. Henken said that it had always been the plan to develop Magrath Road. There will have to be a study done to see what the impact would be on Britton Road and North Shore Road if Magrath is not developed. Roehl asked what would prevent Magrath from becoming a main street and Henken stated that it wouldn't be as direct as Britton and would have more stops. It was recommended that Vining be pushed through to Mt. Baker Hwy. Mr. Brown stated that there is no traffic problem on Britton except getting on it at Alabama. Henken said that this problem developed because the government gave in the developer and allowed him to build only one road when in fact he should have been required to build an extra road. It was suggested that the County could vacate the north end of Magrath and that would prevent it from being extended to Mount Baker Highway. Taylor in reponse to Roehl sald Planning concurs with Engineering in the need to have multiple routes to circulate traffic out of residential neighborhoods rather than put all of the load on a few routes like Britton Road. JACKSON MOVED TO ASK STAFF TO PREPARE PAPER TO VACATE NORTH END OF MAGRATH. Motion carried. Henken was asked to check with the planning and engineering staff at the city to determine their plans so we could coordinate with them. 1. ORDINANCE ... (REZONING) TO GENERAL COMMERCIAL FOR ABOUT 32 ACRES EAST OF 1 -5, FRONTING PACIFIC HIGHWAY FROM SLATER ROAD SOUTH TO APPROXIMATELY 500 FEET SOUTH OF WALDRON ROAD ROEHL MOVED TO RECOMMEND ADOPTiON TO THE COUNCIL SUBJECT TO ALL PARTIES1 SIGNING THE CONCOMITANT AGREEMENT. Motion carried. Planning and Development, 5 -3 -89, Page 2 3. MEMORANDUM FROM CARL BATCHELOR, PLANNING, REGARDING PROCEDURE FOR RE- EVALUATING OPEN SPACE PARCELS THAT HAVE BEEN SUBDIVIDED AFTER APPROVAL UNDER THE PBR SYSTEM (RELATES SPECIFICALLY TO THE MORELLI APPLICATION) The Assessor's office can withdraw a parcel from Ag -Open Space if they determine it is not being used as approved but they must be informed by Planning office or Council before they can withdraw from any other designation. If the parcel is removed from the lower tax status the owners do have the right to appeal. Seller must pay back taxes and penalties when they sell unless new owner signs open space agreement. Auditor should not register properties without taxes being paid but if it slips through the lien follows the land. With the Morelli case it went through to approval but when Mr. Morelli came in to sign it was noticed that he had sold part of this land to his son. It will have to be reviewed again. In regard to the attached memo from Carl Batchelor, it was decided that the Planning department will have to make an Initial determination - if the parcel fits in items 1 or 3 the determination is easy but if it fits in 2, it is more difficult. If the parcel falls under Item 3 it would be treated l i ke a new application and the back taxes, penalties and interest would have to be paid. I tem 1 wou I d just need m inor changes and be kept in the program but 2 is the muddy one. Roehl feels it is unfair if, because of segregation, the values change on either of the parcels. If either falls out of the program the owner of that parcel would have to start over in the application process. If part of an open space parcel sells it would all have to be reviewed; the use may change and the factors may be different than when it was approved for open space. DeHaan asks that we make detailed notations of the conditions of approval on the open space agreement form. She also stated that in order to get on 1990 taxes, it must be filed by July 1, 1989. Because there is a 15 day time limit on turning the review around on sold property, it was decided to let Planning make the determination. Planning and the Assessor's office will work together to refine Carl's memo. Planning and development, 5 -3 -89, Page 3 4. DISCUSSION REGARDING STATUS OF OPEN SPACE APPLICATIONS ON FILE IN COUNCIL OFFICE (Memorandum from Council Clerk sent to committee members) Taylor said in the future they would treat each one separately and have a file for each one. It was noted that often applications are rejected in the Planning Commission and we never hear about it in the office. It was decided that we would develop a form to check off on the front of each file so we can accurately track the progress and disposition of these application. The Council needs to list any conditions of approval on the agreements so the Assessor's office will be able to check if these are being adhered to when they do re- evaluations on the open space parcels. North Cascades Audobon - sent to the City. This is the Beaver Pond at the foot of Alabama. Planning will check with the city on this. it may be in the City /County Open Space Committee. Gerald Barber - denied by Planning Commission June 1988. The Council was not alerted by the Planning Commission. Taylor said that since the application starts at the Council office, it should be closed there as well so he will see that there is paperwork forwarded to Council from the Planning Commission when a case is denied. Paul Crandall - Crandall wanted a delay but now wants his application to be processed and Planning is working on it. Walden Haines - denied by Planning Commission May 17, 1988. Unless they have been notified in writing, the file is still pending. Dale and Alice Lee - He was asked to provide a timber man agemen t plan at the Planning and Development on January 18, 1989. He may have given up. Planning will contact him. Thomas and Marsha Lyon - referred to the City. Planning will check the status of this case. DeHaan said that In WAC 458 -30 -250 it states that the person denied must be informed In writing so that they can exercise their right to appeal. ian Davidson, Arthur Granger, Robert Granger, Eileen Kiera, Thomas Robertson, William Vaughn and A.D. Woolery - Planning missed the legal notice deadline by a few days so these applications w1II not make the July 1 deadline unless the Planning Commission will hold a special meeting in June. Planning and Development, 5 -3 -89, Page 4 The re- evaluations will come to the first meeting in June (about 130). Regarding Open Space - Timber, Planning requested a policy determination when someone has open fields and it is over 20% of his total and he states he plans to plant i t In timber. When do we consider this as timber? It was decided to consider it as timber when the seedlings are in the ground over the complete field. According to the new WAC, the County Assessor and the County Counci I must supply the appropriate forms and pertinent information to applicants. It was suggested that this may be deferred to the Assessor's or Planning office because they answer the technical questions. DeHaan mentioned that the Department of Revenue supplies the application forms and periodically updates them. Planning does not receive form update mailings from Revenue. Jackson stated that when a segregation takes place, such as in the road improvement districts, there is a great deal of staff time required to process this (54 hours of drafting time to draft RID 8 and 9). There are parcels being segregated daily and she feels there should be a meeting of the minds with the Assessor's office as to whether the whole area should be removed from Open Space /Ag taxation at once rather than a bit at a time. DeHaan stated that the area will be audited this year to see if it still qualifies for the special designation. Meeting adjourned 12 :40 p.m. Barbara Maher, Counci -erk Tom Burton, Member