HomeMy WebLinkAboutSpecial Council for April 12 1984SPECIAL COUNCIL MEETING
Minutes -- April 12, 1984
The Special Council meeting was called to order at 7:45 p.m. by
Chairperson Roehl, with all members present.
Chairman Roehl explained the purpose of this special council
meeting as a continuation of the work session on the Urban Fringe
Comprehensive Plan and Zoning Text and that there will be no public
input.
ORDINANCE - AMENDING COMP. PLAN FOR URBAN FRINGE
Bill Trimm, Planning Director, explained the revised documents
that were prepared, including the cover ordinances for the zoning and
comprehensive plan. He explained the zoning and comprehensive plan
reflect the proposed motions made by the County Council over the last
18 months, amending the Planning Commission's recommendations.
Mr. Trimm stated, with regard to the "stair step" area, it was
discussed by the Council to revise the comprehensive plan and zone
that area north of West Bakerview Road and the area south of the
Stewart Road as RR2 and the area north of Stewart Road to Slater Road
as R2A. Mr. Trimm referred to Section 4, which states the Council is
directed to initiate consideration of amendments to the Text and map
as they apply to these areas. This strip of land will be readvertised
and considered for the most appropriate land use designations.
Cole stated that the hope would be to adopt the comprehensive
plan and then immediately take steps to rezone the "stair step" area.
Hansey spoke regarding the northwest corner of McLeod Road,
Northwest Avenue (near the city limits) that was designated 12 DU /A
and had been requested to raise that designation to 18 DU /A. Hansey
requested that this area be dealt with in the same way as the " "stair
step" area. Roehl stated that it could be dealt with in the same
way.
HANSEY MOVED THAT THE AREA BOUNDED BY I -5, RUSLEY DRIVE.
CONSISTING OF 3.1 ACRES AS PRESENTED IN THE LETTER, DATED 1 -11 -84 AND
PREVIOUSLY ACTED UPON BY THE COUNCIL BE INCLUDED IN THE
RECONSIDERATION FOR THE DENSITY. Motion carried unanimously.
Hawley requested that the Guide Meridian be dealt with in the
same way as the previous two areas. Chairman Roehl suggested to
Hawley that he spend time formulating the correct wording of the
motion with council members Johnson and Hansey.
COLE MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING THE 1970
WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA
KNOWN AS THE URBAN FRINGE SUBAREA OF WHATCOM COUNTY.
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Special Council Minutes
April 12, 1984
Page 2
COLE ALSO INTRODUCED AND MOVED FOR FINAL ADOPTION AN ORDINANCE
ADOPTING AND AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, FOR THE GEOGRAPHIC AREA KNOWN AS THE URBAN FRINGE SUBAREA
OF WHATCOM COUNTY.
As a procedural matter, COLE MOVED THAT DRAFT 3 OF EACH OF THE
ABOVE MENTIONED DOCUMENTS, DATED 4- 10 -84, BE THE DOCUMENT BROUGHT
BEFORE THE COUNCIL.
Motion carried.
HAWLEY MOVED TO INTRODUCE AND ADD THE FOLLOWING LANGUAGE TO
SECTION 1.07.2:
1.07.2 Utilities extensions formed with LID's for Industrial
areas shall be financially paid by the users, and shall impose no
financial costs upon existing resident's properties.
Hawley spoke in regards to his motion. It was the consensus of
the committee that this language did not belong in this area.
Hawley re- stated his motion TO ADD THE LANGUAGE TO PAGE 51, AFTER
1.11 AND MAKE THIS ITEM 1.12. Chairman Roehl spoke regarding the
motion in that he sees the intent but feels that more clarification in
the language needs to be done.
Cole spoke in support of the motion, however, he felt the
language needed more clarification. Muenscher stated that he would
hesitate to vote for the motion as it pertains to LID's.
COLE MOVED THE FOLLOWING LANGUAGE AS A SUBSTITUTION FOR MR.
HAWLEY'S MOTION:
"It is the policy of Whatcom County that the cost of the utility
improvements to service industrial development should be borne by
the industrial beneficiaries of the improvements to the extent
permitted by law."
Hawley accepted the substitute motion.
Becker spoke in regard to the motion, in that the language still
needs more clarification.
Cole withdrew his motion.
Special Council Minutes
April 12, 1984
Page 3
COLE MOVED TO SUBSTITUTE THE LANGUAGE IN HAWLEY'S MOTION AS:
"It is the policy of Whatcom County that the cost of utility
improvements to service industrial development should be borne by
the industrial beneficiaries of the improvements to the extent
permitted by law, provided, however, this provision shall not
prohibit public participation in projects that the Council deem
to be in the public interest."
Motion carried unanimously.
JOHNSON MOVED TO DELETE THE "ELASTIC CLAUSE" FROM THE PLAN, as
follows:
20.04 GENERAL PROVISIONS
20.04.030 ..Throughout subsequent chapters, which deal with
commercial and industrial zones, land use activity
listings are used to identify allowable commercial
and industrial business activities within various
zoning districts. Commercial, industrial and
business activities that are similar in nature and
impact and are capable of satisfving applicable
performance and development standards shall be
treated as conditional uses.
Johnson spoke regarding his motion in that if the Council should
decide after some time to have the elastic clause brought back in the
plan, then the Council could do so.
Cole spoke against the motion in that if LII does not occur in
the Curtis Road area, Light Industry will not occur in Whatcom
County.
Chairman Roehl spoke in support of the motion in that the goal is
to come up with something that is predictable, not only for the
industrial developer's point of view, but also from the area
residents.
COLE MOVED TO SUBSTITUTE THE FOLLOWING MOTION FOR JOHNSON'S:
"TO CREATE A SEPARATE SUB - SECTION OUT OF THE UNDERLINED PHRASE IN
THE ZONING CODE SECTION 20.04.030 AND TO ADD AT THE END OF THAT
SUB - SECTION, "THIS SUB - SECTION_ SHALL NOT TAKE EFFECT UNTIL
7- 1 -85."
Johnson suggested dropping the "elastic clause" as of now, go on
the record in saying that the Council will look and work on a new
clause and performance standards.
Special Council Minutes
April 12, 1984
Page 4
Motion to substitute Cole's motion for Johnson's motion failed 3-
4 (Johnson, Roehl, Becker, Muenscher).
Cole spoke on the main motion in that the outcome of the motion
is not binding, and the rules provide that the debate continue, unless
stated in advance that restrictions are time limited.
MUENSCHER MOVED TO VOTE IMMEDIATELY ON THE MOTION. Motion failed
1 -6 ( Roehl, Becker, Cole, Johnson, Hawley, Hansey).
Cole urged Council to pursue consideration of the establishment
of Performance Standards.
Chairman Roehl re- stated Johnson's motion as TO STRIKE THE
UNDERLINED SECTION IN 20.04.030. Motion carried 4 -3 (Cole, Hansey,
Hawley).
JOHNSON MOVED TO ADD "THAT THE PERFORMANCE STANDARDS BE IN PLACE
PRIOR TO 7 -1 -85 AND STUDY AND PROPOSE SOME PROVISION FOR THE ELASTIC
CLAUSE."
COLE MOVED TO REFER THAT MOTION TO THE PLANNING AND DEVELOPMENT
COMMITTEE.
BECKER MOVED TO ADD ANOTHER ITEM TO THE AGENDA, A RESOLUTION
AUTHORIZING A TASK FORCE ON PERFORMANCE STANDARDS.
Cole withdrew his motion, as did Johnson.
BECKER MOVED TO INTRODUCE THE RESOLUTION AND REFER IT TO THE
PLANNING AND DEVELOPMENT COMMITTEE. Motion carried.
Roehl ruled that a typographical error was noted in section
20.66.072 of the zoning text, as follows:
.072 line 2, strike the "s" in buildings.
HANSEY MOVED TO STRIKE IN SECTION 20.66.150 CONDITIONAL USES ,
as follows:
.151 bla�nf�fiafe�L�( r' �/ �i/ iYafK/ gYal���/ �6r' ����a1 /a1n1rd /}�Y�►bnf /gYa1�� /alntd
gUii viii, /Mydia(,drYd /e(didifift /ddv(0 fdIgVei,4R1/2(y(d /oUdfir
/ 2(v(dl afvi aw- 14Iddl6iiief2f /awd/1dfiic'midd,iA
1(dV(71fi4C1f4X 11AfAdidX /eidd,idVil
Hansey noted that .151 is the same as .074. Motion carried 4 -2 -0
( Roehl, Becker - Muenscher abstained).
Special Council Minutes
April 12, 1984
Page 5
Chairman Roehl called for any more changes or amendments to the
comprehensive plan or zoning text.
HANSEY MOVED THAT IN REGARD TO SECTION 20.66.151, THAT THE VOTE
BE RECONSIDERED AND STRIKE ONLY THE WORDS AS FOLLOWS:
.151 Manufacture of flit
gYafid ,gdicf� hydraulic cement; concrete gypsum and plaster
products; and abrasive asbestos and miscellaneous non-
metallic mineral products.
Becker spoke against Hansey's motion in that it would retain
hydraulic cement, concrete gypsum and plaster products, etc.
Motion to delete carried 5 -2 ( Roehl, Becker).
A roll -call vote was taken in regards to adopting AN ORDINANCE
TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR THE
GEOGRAPHIC AREA KNOWN AS THE URBAN FRINGE SUBAREA OF WHATCOM COUNTY.
The Ordinance was adopted unanimously.
A roll -calf vote was taken in regards to adopting AN ORDINANCE
AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR
THE GEOGRAPHIC AREA KNOWN AS THE URBAN FRINGE SUBAREA OF WHATCOM
COUNTY.
The Ordinance was adopted unanimously.
OTHER BUSINESS
KIEWIT CONSTRUCTION COMPANY
A review was held regarding the Hearing Examiner's
recommendations and decision on the Kiewit proposal, and an outline of
the legal procedures and options by Bruce Disend, Prosecuting
Attorney.
Chairman Roehl noted four items of correspondence were received
and will be part of the record, as follows:
1. Letter, dated 3- 10 -84, from Mrs. Jennie Peterson
2. Memorandum, dated 4- 11 -84, from Phil Serka, Attorney
3. Memorandum, dated 4- 12 -84, from Jerry Mixon, SEPA Official
4. Copy of a letter to Governor Spellman, dated 3- 23-84, from
Homebuilder's Association.
Special Council Minutes
April 12, 1984
Page 6
Mr. Disend reviewed the legal procedures and options available to
the Council:
Within 10 days after the Hearing Examiner's recommended decision
has been filed, the Council has to do one of the following:
1. The project may be referred to the Planning Commission for
additional public hearing and recommendations.
2. Make a final decision on the application, based on the
recommended decision of the Hearing Examiner, with such
modifications deemed appropriate by the Council.
3. Set the project application and hold a public hearing.
Cole asked Mr. Disend if it was lawful if the proponent would
agree to a waiver of time. Mr. Disend indicated that it would.
Mr. Serka, attorney for the proponent, indicated that a waiver of
time would be considered it if was conditioned as date - certain.
COLE MOVED TO SET THIS MATTER FOR A PUBLIC HEARING ON 5 -3 -84 AND
THAT THE SCOPE OF THE PUBLIC HEARING BE DECIDED AT A MEETING BETWEEN
NOW AND MAY 3RD, AT WHICH TIME, THE PARTIES WILL ALSO BE ALLOWED TO
RESPOND TO THE RECOMMENDED DECISIONS OF THE HEARING EXAMINER AND ALSO,
THAT THE PUBLIC HEARING MAY BE RE- SCHEDULED OR CANCELLED-BY COUNCIL,
IF THE COUNCIL SO DESIRES AFTER HEARING MORE INFORMATION.
Cole also added the following to his motion:
A MEETING BE SCHEDULED ON 4 -19 -84 AT 6:30 P.M. AND ON 4 -26 -84 AT
7:30 P.M.
Cole's motion carried 6 -1 (Johnson).
Chairman Roehl stated that he will be gone next week and will not
be attending the special council meeting on 4 -19 -84 and asked Cole to
chair the meeting.
Cole set 4 -19 -84 at 6:30 p.m. and 4 -26 -84 at 7:30 p.m. as the
meeting time to review the Kiewit matter.
Meeting adjourned at
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY/, WA /SHINGTON
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William P. Roehl
Chairman