Written by CAPR member Perry Eskridge
My theme for this election season and my updates is "Baby Steps to Change." The purpose of these updates is, via simple steps, to help you understand the implications of this election and permit you to make decisions accordingly. This week, we begin tackling the issues.
BABY STEP THREE: ISSUES
As professionals, I know you are aware of issues affecting real estate matters in Whatcom County. In that regard, information about LAMIRDs and Urban Growth Areas are probably becoming second nature for you and, if you are human, beginning to blend in with that general noise that is the political scene today. In the LOCAL election context, however, these issues are front and center and bringing increased scrutiny concerning decisions by our elected officials and their staff. Accordingly, your clients may be asking you for information about these issues and how current decisions by the councils and executives are affecting property ownership in the county. In an effort to keep this simple, your Government Affairs Committee has asked me to take one issue each week and present this issue in bullet format to give you current information that allows you to "springboard" into the issue as far as you want. I will be presenting the summary at the beginning and, if you want more information, a more detailed analysis will follow. This Week: Urban Growth Areas
When: Public Hearing Thursday, September 17, 2009, 6:00p.m. in the Whatcom County Council Chambers, 311 Grand Ave., Bellingham. Joint Planning Session between Whatcom County Council and Whatcom Planning Commission
SUMMARY:
-UGAs must accommodate the increased populations expected in the next 20 years;
-UGAs are to be reviewed every 10 years;
-County Council could not decide on an appropriate plan, so Executive Kremen took the issue and proposed a resolution to the issue;
-Executive Kremen's plan will reduce UGA size with a corresponding downzone on many of the properties removed from the UGAs;
-Many properties removed from the UGAs in Executive Kremen's plan will become "nonconforming" properties in terms of zoning as a result of this action;
-The Executive's plan, while resulting in UGAs that are more appropriate in size, has too many unintended consequences to be valid;
-WCAR advocates for a solution that not only results in appropriately sized UGAs, but also ensures the efficient use of urban land for development and retains current zoning designations to avoid the creation of even more nonconforming properties in Whatcom County.
If you want detailed information, read on.
Urban Growth Areas: Those areas of the County where future urban growth is to occur. UGAs are to have sufficient services (water, sewer, and other utilities) to support urban growth. Based on population projections and inventories of available land (excluding critical areas, shorelines, and based on reasonable zoning), the County is to determine how much land in the next 20 years is required to handle the population expected to be in the urban areas. UGA Review: The County and cities are required to review these projections every 10 years. Whatcom County is performing this review right now, action that is prompting the discussions you are hearing at this time.Current Analysis: Whatcom County convened a committee consisting of various elected officials and staff who reviewed population projections and land capacity to determine whether the current UGAs were sufficient. The general consensus was that, generally, the current UGAs were oversized. When brought to the County Council, the Council was not able to finally decide the issue, so Executive Pete Kremen took the task of making a recommendation about what to do with the UGAs. UGA Size: Most people agree that the majority of UGAs in the County are oversized to some degree. While this is true, most people will also agree that current planning staff and regulations make it difficult to utilize land to the fullest extent possible to accommodate development. The result is sprawl into rural lands and property within urban areas develops at less than optimal levels. The County executive has made a proposal that will remove land from the UGAs. Building on this, some of these lands are, concurrently, going to be "downzoned" from their current zoning to a "one home per 10 acres" designation. This will impact properties that, in addition to be removed from the UGA, will now face the added burden of a zoning change. WCAR Analysis: UGAs are planning designations that permit the county and municipalities to ensure that we have sufficient land, with appropriate services, to accommodate the population we will have in the future. Concerning population, there is confusion about what number is best, but we have advocated for a number that accounts for the historical "in-migration" of people to Whatcom County, a number that is at the "high" end of the population projection adopted by the County Council. We also submit that the success in reducing land in the UGAs lies primarily with the efficient utilization of lands in our urban areas. This is not happening. Recent expansions in critical areas ordinances and shorelines alone are removing land from the inventory. Moreover, the zoning maps do not often reflect density that is ultimately permitted through the application process. If the current UGAs are going to perform their function, what is found on the maps must be achievable on the ground. Otherwise, the plan is flawed and the results will be no different from our historical experience. Finally, current zoning must be allowed to remain to avoid the creation of further non-conforming zoning designations. The rate at which the County Planning Department is creating nonconforming properties is absolutely astounding. This, too, must cease. There are better, more effective ways to prohibit urban growth from expanding outside boundary limitations than through the blanket application of the most restrictive zoning designation available to staff. To do otherwise is to simple take the easy way out with no regard for property owners seeking to utilize their property to the fullest extent possible.
This is a complex issue, one that can (and has) been debated over the course of many months by hundreds of individuals. Nonetheless, the impacts on Whatcom County real estate, and your businesses, are immense and should be familiar to all of you. To that end, if you have any questions or want to discuss this issue in even greater detail, please contact me.
Enjoy your week!Perry
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