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HomeMy WebLinkAboutPlanning and Development October 2 1989WHATCOM COUNTY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE October 2, 1989 William Roehl called the meeting to order at 1:21 p.m. Council member Emily Jackson was also present. 1. DISCUSSION OF HORTON ROAD VACATION WITH MR. AND MRS. C. KERMEN Horton Road Vacation: Roehl says he doesn't know what more can be done by the Council: the county has already "jumped all the hoops" and so it becomes a legal dispute rather than something the council can resolve. Jackson asked if the matter can be moved before the council so legal staff can come to terms. Roehl says it would not be helpful. Mrs. Kermen asked if the letter from their attorney had been reviewed. Roehl said yes. JACKSON MOVED THAT THE MATTER BE REFERRED TO RANDY WATTS AND THAT HE REPORT BACK TO THE COMMITTEE. Roehl voted against it as not appropriate. The motion failed. ROEHL MOVED TO ASK THE ADMINISTRATION TO HAVE THE PROSECUTING ATTORNEY LOOK AT STAFFORD SMITH'S LETTER AND RESPOND. Motion carried. 2. RESOLUTION CONFIRMING THE DENIAL OF OPEN SPACE APPLICATIONS FILED BE BARBER, HAINES AND LEE (A HOUSE - KEEPING MEASURE) Clerk explained that the resolution had arisen through a need to keep the files current. ROEHL MOVED THAT THE COUNCIL AFFIRM THE PLANNING COMMITTEE DENIAL FOR THE BARBER, HAINES, AND LEE OPEN -SPACE PERMITS. Motion was carried. 3. RECEIPT OF HEARING EXAMINER'S RECOMMENDATION ON A MAJOR DEVELOPMENT PERMIT FILED BY GULF VIEW PROPERTIES (DECISION ON NEXT STEP MUST BE MADE AT COUNCIL MEETING; CHOICES ARE DETAILED IN THE PACKET) Clerk explained the County's options on receipt of the Hearing Examiner's recommendation. Said application must be acted on within ten days. Roehl said that due to the magnitude of the issue it should be moved to Council without a recommendation. Council Chairman Don Hansey said yes put it before the council; if no changes are made it won't require a public hearing. JACKSON MOVED THAT THE ISSUE GO BEFORE COUNCIL WITHOUT A RECOMMENDATION. Motion carried. 4. ORDINANCE AMENDING THE PLAN MAP AND TEXT OF THE PLAN FOR POINT ROBERTS, A SUPPLEMENT TO THE WHATCOM COUNTY COMPREHENSIVE PLAN, TO ALLOW LIMITED COMMERCIAL USE FOR PROPERTY ALONG TYEE DRIVE (NIELSON REZONE) (SOME INFO ON FILE IN THE COUNCIL OFFICE) County Planning Director Dan Taylor explained that the issue was up for a public hearing, and that there was only a one -word change to be discussed. JACKSON MOVED THAT IT GO BEFORE THE COUNCIL. Motion carried. 5. DISCUSSION OF PORTAGE ISLAND ACCESS Roehl explained Whatcom County's rights to use of Portage Island as a park. Said legal rights were established; question now was what steps should be taken to ensure public interest. Deputy Civil Prosecutor Dave Cottingham handed out copies of agreement between County and Lummi Tribe. Said most controversial aspect was the language concerning the connecting tidelands, because this land was owned by the U.S. government and made language ambiguous. No clear position has been taken by the tribe although they have agreed to the principle of a park. Roehl recommended a correspondence to be initiated, asking what steps the tribe and the State Interagency for Outdoor Recreation have taken toward fulfillment of the agreement. Jackson asked if they should then move it to the Council. Roehl said yes. Jackson then suggested an invitation to meet and discuss the access question as a friendlier gesture than the legal correspondence. Roehl said discussion was still possible in conjunction w/ a letter written to the tribal council. Attorney Dave Cottingham agreed to send such a letter. OTHER BUSINESS: NONE. The meeting was adjourned at about 1:45 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Lor aine Bonifacil-I Asst Clerk William P. Roehl, Coun it Member