HomeMy WebLinkAboutNatural Resources September 16 20141
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
September 16, 2014
CALL TO ORDER
Committee Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9 :33:53 AM)
Present: Carl Weimer, Sam Crawford and Barry Buchanan.
Absent: None.
Also Present: Kremen.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT FOR LANDS LOCATED WITHIN
UNINCORPORATED WHATCOM COUNTY (AB2014 -272)
Erin Osborn, Planning and Development Services Department, stated it's appropriate
for this resolution to come before committee before going to Council. Staff
recommendations are often different from Planning Commission recommendations.
Following the Council action on August 5, the City of Ferndale passed a resolution identical
to the Council's proposed resolution. The tax agreement is signed and recorded. She
submitted handouts (on file) regarding this year's applications.
Weimer moved to recommend approval to the full Council. He moved to amend
the resolution to include the staff's legal recommendation instead of the Planning
Commission recommendation, as shown in the staff memo on Council packet page three.
The motion to amend carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
Weimer asked and there was discussion about the forestry application on Lake
Whatcom, how the Planning Commission voted, and why staff thinks it's okay to log on the
shores of Lake Whatcom. Osborn stated the Planning Commission vote was 3 -3. This land
is designated rural in the Shoreline Management Program. Timber growth and harvest is
approvable, subject to a shoreline substantial development permit.
Weimer asked if this is related to an adjacent larger parcel. Osborn stated it is.
Weimer moved to amend to include the Sunset Southwest application for approval.
He asked and there was discussion of the possibility they would get a shoreline substantial
development permit and, if they don't, why the County would grant this designation;
Natural Resources Committee, 9/16/2014, Page 1
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whether there is a forest management plan; and whether there can be a condition that this
parcel is not logged.
Jesse Stoner, parcel owner representative, stated the owner doesn't want to build a
house and wants to keep the property in forestry. It was left off the owner's first
application in 2008. The owner would be willing to trade land for other land to make this
property the buffer between the timber and the lake.
Browne asked if the parcel is a legal lot of record on which a house can be built.
Stoner stated it is. The .27 acres is not an individual parcel, but is part of the bigger 5.63 -
acre parcel, which can have a house.
Kremen asked and there was discussion about whether the landscape plan allows for
logging right on the shoreline; if the owner intends to build some sort of structure; if the
timber along the shoreline is better quality; and the total area of the parcel. Stoner stated
the owner has no intention to build. The timber is the same species. The total acreage of
the parcel is 5.63 acres. The owner intends to get a substantial shoreline permit for the
entire parcel and use that acreage as a buffer.
Crawford asked if the owner owns the railroad parcel and if both sides of the road
are part of one lot. Stoner stated he does own the railroad parcel and it's all one lot.
Crawford stated the owner would not be able to build on the lake side of the road,
since it's all one lot. He's becoming opposed to the open space taxation program, because
it predates growth management. He will support the application, but he questions the
whole taxation system. Regardless of approval, the owner won't do anything different with
the property.
The motion to amend carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
The motion to approve as amended carried by the following vote:
Ayes: Weimer, Crawford and Buchanan (3)
Nays: None (0)
2. RESOLUTION AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND
AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS
ADMINISTRATION AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH
THE ACQUISITION PROCESS FOR 2014 APPLICATIONS (AB2014 -288)
(10: 02:24 AM)
Chris Elder, Planning and Development Services Department, submitted and read
from a presentation (on file).
Crawford referenced the Williams application. He asked and there was discussion
about whether there is no residential structure, if it is in the flood plain, and what the value
would be of one development right in that area.
zone.
Weimer stated he supports all three applications, because they are in the agricultural
Natural Resources Committee, 9/16/2014, Page 2
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Crawford asked and there was discussion about a portion of the property being in the
Everson urban growth area and its related light industrial zoning.
Karin Beringer, Planning and Development Services Department, continued the
presentation on the Purchase of Development Rights (PDR) program update and budget.
Weimer asked and there was discussion about the conservation futures fund balance
and whether funding is available for these items if there are no matching funds.
Jack Louws, County Executive, answered questions. Potential park acquisitions
through 2015 could use all the available conservation futures funds. These development
rights acquisitions are possible.
Buchanan asked and there was discussion about whether this income is subject to
income tax for the landowner.
Mark Personius, Planning and Development Services Department, answered
questions. He believes the money is taxable as capital gains.
Buchanan asked and there was discussion about what restrictions are in the
conservation easement.
Crawford moved to recommend that the Council go with the second budget option,
to wait until Spring 2015 and reapply for the Natural Resource Conservation Service (NRCS)
grant with 2014 applications, in addition to any applications received in the interim, once
they've been approved by the PDR Committee and Council, as shown in the first slide on
Council packet page 101.
Buchanan asked about the future potential for receiving matching funds from the
Natural Resources Conservation Service in the farm bill.
Weimer asked if conservation futures funds would be spent on developing a reverse
auction program. Beringer read from the presentation on the reverse auction update.
Browne asked and there was discussion about whether the Council will see the
valuations when they are done and if each valuation is based on the net amount the
landowner will receive or the gross amount of the value after it's done. Beringer stated the
appraisal looks at the value of the land before an agricultural conservation easement is
placed on it and then the value after the easement is placed on it. Council will see the
valuation. She described the approval process.
Weimer stated he will vote against the motion. He supports the PDR program. This
sets aside money for agricultural land, which is important.
Buchanan stated he agrees with Councilmember Weimer. It's unlikely a match will
be available next year, and they should take advantage of today's prices.
Kremen stated the PDR program should be used with discretion. The cost - benefit of
the 66 -acre Williams application is questionable.
The motion failed by the following vote:
Ayes: Crawford (1)
Nays: Weimer and Buchanan (2)
Natural Resources Committee, 9/16/2014, Page 3
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Weimer moved to recommend approval to the full Council of the resolution as
presented, but only with the Littrell application and the Justin Williams 19.4 acre parcel
application at this time. Move forward with the evaluation of these properties.
Crawford stated approve the application from Justin and Constance Williams,
excluding the parcel in the light industrial zone, and get a letter from Rollin Harper from the
City of Everson to find out the City's intent for that land. There was discussion about the
portion of the application that is in the City of Everson UGA.
Weimer amended his motion and moved to recommend approval of the
resolution, approve all three parcels, and get a letter from Rollin Harper on the status of the
industrial property.
Browne stated do more research on whether this program is cost - effective given the
loss of matching funds.
Crawford stated he prefers to wait a year before approving these items.
The motion carried by the following vote:
Ayes: Weimer and Buchanan (2)
Nays: Crawford (1)
COMMITTEE DISCUSSION
1. DISCUSSION OF A PROPOSED ORDINANCE ADOPTING 2009 AMENDMENTS
TO WHATCOM COUNTY CODE, TITLE 23 — SHORELINE MANAGEMENT
PROGRAM (AB2014 -287) (10:47 :57 AM)
Cliff Strong, Planning and Development Services Department, submitted and read
from a presentation (on file) on the substitute proposed ordinance.
Weimer asked if staff has accepted all the requirements from the Department of
Ecology and most recommendations, except the change from conditional use to permitted.
Strong stated he also worked on the definition of gross floor area.
Brenner stated go along with the staff's proposal.
Weimer asked if legal staff looked at proposed changes to Cherry Point in terms of
potential conflicts. Strong stated there doesn't appear to be any conflicts, but he will check
with legal counsel.
Browne asked and there was discussion about why the 1999 settlement agreement is
relevant to this.
Tyler Schroeder, Executive's Office, described the 1999 agreement among several
parties that required amendments to the Shoreline Management Program. This is a
clarification only.
Natural Resources Committee, 9/16/2014, Page 4
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:03 a.m.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Committee Chair
Natural Resources Committee, 9/16/2014, Page 5