HomeMy WebLinkAboutNatural Resources July 9 20131
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
July 9, 2013
CALL TO ORDER
Committee Chair Carl Weimer called the meeting to order at 9:30 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9 :32:30 AM)
Present: Carl Weimer, Bill Knutzen and Sam Crawford.
Absent: None.
Also Present: Pete Kremen, Kathy Kershner, and Barbara Brenner.
COMMITTEE DISCUSSION
1. DISCUSSION OF PROPOSED AMENDMENTS TO WHATCOM COUNTY CODE
CHAPTER 20.51, LAKE WHATCOM WATERSHED OVERLAY DISTRICT, AND
RELATED COMPREHENSIVE PLAN AMENDMENTS (AB2013 -102A)
Peter Gill, Planning and Development Committee, submitted and read from a
handout (on file). Today they will discuss issues brought up at the public hearing, review
code updates, and next steps. The Council passed a resolution in 2010 to make more
effective, concise, and predictable regulations around Lake Whatcom. They must address
land development regardless of whether or not anything is done with the management of
the diversion. Regulations are only one factor that affects the assessed value of a home or
property.
Knutzen asked and there was discussion of property devaluation due to increased
regulations.
Brenner asked the highest possible value of homes in Sudden Valley. Gill stated they
used an average. He doesn't have that information available. He continued the
presentation on the community system alternative.
Crawford asked and there was discussion of whether a new lot being developed
within a community system has to take more phosphorous out for the new lot being
developed. Gill stated the amount of phosphorous that a community system is mitigating is
applied to the properties within the community system.
Crawford asked and there was discussion of the cost of a community system.
Weimer asked and there was discussion of the expected size of a community system.
Knutzen asked and there was discussion of allowing infiltration zones, such as those
allowed by Clark County.
Natural Resources Committee, 7/9/2013, Page 1
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Gill continued the presentation on code updates and distributed changes to consider
(on file).
Knutzen asked if the national pollution discharge and elimination system (NPDES)
requirements apply to the entire watershed. Gill stated they do not, but they do apply to
Sudden Valley, which this ordinance is about.
Knutzen asked and there was discussion of how this affects parcels outside the
NPDES area and about offsite options.
Weimer asked if NPDES mitigation is allowed on community sites.
Steve Hood, Department of Ecology, stated each site has to do a few things. For the
overall goal of water quality treatment, they can deal with community -wide systems. For
water quantity, there is an option to do basin planning to meet objectives. Different rules
are possible if basin plans are in place. It looks like the proposal for a Sudden Valley
homeowner association may meet that basin plan definition. Compliance with that plan
may replace individual lot requirements. He will look into it and confirm if that's correct.
Brenner asked and there was discussion of whether the City has looked into filtration
for the diversion.
Gill asked what the committee would like to do next. They already had the public
hearing.
Crawford stated there are no substantial changes. Mr. Eskridge has information
about lot values. Staff and others have more information as well. The phosphorous
calculation for a 6,000 square foot Sudden Valley lot is one teaspoon per year. Other lots
and homes aren't generating any phosphorous at all. Each lot produces different amounts
of phosphorous.
Hood stated basin planning language is not clear. He read from the Western
Washington Stormwater Manual Volume I, section 2.5.9. He needs to get more clarification.
He's pleased with this work overall. They are looking at the overall system.
Perry Eskridge, Whatcom County Association of Realtors, stated property values in
Silver Beach, which is one of the most in- demand neighborhoods in Bellingham, either didn't
change or dropped. It's too expensive to build out there. People can build elsewhere for
cheaper, and get the same price for the house. Also, the values used may be off because
the assessment period wasn't considered. Last, these lots are about $100,000 each and
can absorb some regulation cost. That's not true of lots in Sudden Valley, which cost about
$20,000 per lot. Imposing regulations that reduce the value of the lot to zero could be a
takings issue.
Knutzen stated include a map showing where they would be best served with
infiltration zones. He asked if the Council adopts the NPDES standards and whether the
County can review those standards before they're adopted. Gill stated it is the most current
manual, which is in County Code 20.80.630. The NPDES phase 2 permit requires the
County to adopt the standards in appendix 1 of the permit. The manual meets those
standards.
Kershner asked if there is a benefit to waiting for approval of the total maximum
daily load (TMDL) before adopting the regulations. Gill stated the Council approved a
Natural Resources Committee, 7/9/2013, Page 2
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resolution in to make more effective, concise, and predictable regulations around Lake
Whatcom, regardless of the TMDL. He doesn't know what waiting would achieve. In the
next five years, the County has to have a plan to meet the TMDL standards.
Hood stated the TMDL allocations are based on the assumption the County has
something like this in place. It's an expected outcome of the TMDL eventually. DOE would
not ask the County to do anything different.
Weimer stated schedule in Natural Resources Committee and full Council for
approval in two weeks.
The Committee concurred.
2. BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT
DISTRICT PROGRAM UPDATE (AB2013 -215) (10:26:18 AM)
Ingrid Enschede and Kraig Olason, Public Works Department, submitted and read
from a handout (on file) and gave a staff report.
Brenner asked and there was discussion about encouraging people to do substantial
retrofits to earn a reduction or elimination of the fee. Olason stated they have not. The
question is appropriate for larger commercial properties. They are starting to look into it.
Keats Garmin, Birch Bay Watershed and Aquatic Resources Management (BBWARM)
Advisory Committee, stated they are finally dealing with central area problems in Birch Bay.
They better understand the hydrology and infrastructure in the sub - basins. Second, they
are struggling with the national pollutant discharge elimination system (NPDES) phase 2
permit in Birch Bay and what it means. The Council should adopt a low- impact
development ordinance that can apply to the Birch Bay urban growth area. Last, much
flooding is on private properties. A recent public /private partnership is an example that
could be used as a solution to put up money for problems in private properties.
Weimer asked if the Advisory Committee gets enough collaboration with County
staff. Garmin stated the Advisory Committee has a lot of influence with staff. They are a
great group.
Scott Holtz, BBWARM Advisory Committee, stated they must consider a more global
approach to the Birch Bay watershed. Look at where all the contributions come from and
predict where they need changes to planning and zoning to really take care of the problem.
They must broaden their scope significantly.
Weimer stated schedule another presentation in early fall to discuss what happens
next. He would like to know how the BBWARM tax collected integrates with the flood fund.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. INTERLOCAL AGREEMENT WITH THE CITY OF BELLINGHAM REGARDING
ADMINISTRATION OF THE HOMEOWNER INCENTIVE PROGRAM (HIP)
(AB2013 -239) (10:54:43 AM)
Cathy Craver, Planning and Development Services Department, submitted a handout
and gave a staff report. She described the homeowner incentive program. This is specific
Natural Resources Committee, 7/9/2013, Page 3
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to the Silver Beach sub -basin of the watershed. They want the homeowners to make
proposals to the County for their properties. The County can provide information on their
options and empower them to come up with what solutions they want. The agreement
outlines the grant contract with the City of Bellingham and Department of Ecology. The
interlocal facilitates the County taking participants through the process and submitting
receipts, which are forwarded to the City for reimbursement. She will make sure site visits
are done and everything is complying with the grant.
Weimer asked if there is a target amount of the money that will go to the County.
Craver stated it is not a 50 -50 split. It's for as many homeowners as they can process.
There is an overall target of approximately 200 or 250. They are trying to get participants
through the end of 2014.
Weimer stated the Lake Whatcom Policy Group discussed this and working on a
recommendation about continuing this program next year. It's unclear whether the grant
money for this type of homeowner improvement would happen.
Brenner stated she would like to see something like this for the BBWARM.
Weimer moved to recommend approval to the full Council.
The motion carried by the following vote:
Ayes: Weimer, Knutzen and Crawford (3)
Nays: None (0)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:59 a.m.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Committee Chair
Natural Resources Committee, 7/9/2013, Page 4