HomeMy WebLinkAboutNatural Resources July 23 20131
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHATCOM COUNTY COUNCIL
Natural Resources Committee
July 23, 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 :32:02 AM)
Present: Carl Weimer, Bill Knutzen and Sam Crawford.
Absent: None.
Also Present: Barbara Brenner, Pete Kremen, and Kathy Kershner
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. DISCUSSION OF PROPOSED AMENDMENTS TO WHATCOM COUNTY CODE
CHAPTER 20.51, LAKE WHATCOM WATERSHED OVERLAY DISTRICT, AND
RELATED COMPREHENSIVE PLAN AMENDMENTS (AB2013 -102A)
Weimer stated Councilmember Knutzen had questions about infiltration zones in the
watershed.
Mark Personius, Planning and Development Services Department, stated the existing
information on infiltration areas in the watershed may not be very accurate. However, the
ordinance allows the option of infiltration areas for homeowner associations and Sudden
Valley.
Knutzen referenced section 20.51.420(2) and asked about the option of offsite
mitigation such as Clark County allows with its infiltration zones. Personius stated offsite
mitigation is allowed.
Mike Kershner, Planning and Development Services Department, explained the
requirement to mimic natural conditions. They can identify infiltration zones through the
memorandum of agreement.
Crawford stated an association won't be motivated to do anything. The lot owners
would be driven to get together and develop infrastructure. He questions the practicality of
the cost of homeowner infrastructure. It will be very difficult to do.
Weimer stated the homeowners in a small area could negotiate with the Sudden
Valley Association to allow a vacant lot work for infiltration and dispersion. Personius stated
the Sudden Valley Association is aware of its total maximum daily load (TMDL) and other
responsibilities and will be active partners with their lot owners.
Crawford stated he questions whether the conservation lots in Sudden Valley can be
used for stormwater infrastructure, given conservation easements on the lots.
Natural Resources Committee, 7/23/2013, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Knutzen asked and there was discussion about the Homeowner Incentive Program
(HIP). Personius stated he doesn't see a reason that wouldn't be allowed.
Brenner asked if there is anything in County Code that can allow stormwater facilities
on undevelopable lots. Personius stated that's his understanding.
Crawford stated he is concerned that conservation easements on Sudden Valley lots
would not allow that.
Brenner asked and there was discussion about a concern with the sections regarding
greenhouses. Greenhouses will have less of an impact than a house. Allow the same
footprint as a regular house. Kershner stated the code language about greenhouses is
language that already exists. The threshold is to trigger a conditional use permit.
Crawford moved to recommend approval to the full Council. He is reluctant and
has great concern about the ordinance. This exercise has allowed them to talk about the
relative scale of phosphorous going into Lake Whatcom. It's becoming not feasible to
develop lots in Sudden Valley. However, they must address the current problem or
continue to see development that allows phosphorous in the lake.
Knutzen stated he is against the ordinance. His questions about conservation
easement properties, the HIP program, and the infiltration zones haven't been answered.
He would like to know if a natural forested environment produces one ounce per year.
These regulations will push people to develop in agricultural lands because these areas are
undevelopable.
Weimer stated he supports the ordinance. He would like an answer about the
conservation easements. They've developed the HIP program to deal with existing
development. If they want to expand this to new development, they need to come up with
a funding source. The Lake Whatcom Policy Group is beginning to have those discussions.
(10: 02:13 AM)
Brenner asked and there was discussion of whether it's possible to fund from the
flood fund.
Weimer stated another option is a stormwater improvement district for the Lake
Whatcom watershed.
Larry Brown, Sudden Valley Community Association Board President, stated that as
far as he is aware, they cannot construct within a conservation easement. There is common
property on which they may be able to put some sort of stormwater treatment. He would
like to know what the Council thinks of the impact of the language. The language was
intended so that staff from the County and Sudden Valley could identify what Sudden Valley
has been doing, which has a positive benefit that should be applicable to all property
owners. As partial owners of everything in Sudden Valley, individual homeowners should
get some credit for the Association's efforts. The Association has been working for decades
to mitigate runoff, but they don't get credit for past efforts. Look at all efforts, past,
present, and future. The Board opposes the ordinance. He asked what the Council thinks
will be the impact of the homeowner exemption. If the agreement is acceptable to the
County, the new development wouldn't have to meet anything other than the current
regulations. The question is whether they are going to impose more regulations on those
Natural Resources Committee, 7/23/2013, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
lots where there is an existing homeowner association with an existing plan that is
recognized and approved by the County.
Weimer asked and there was discussion of whether Sudden Valley wants homeowner
credit for what Sudden Valley has already done, so the homeowners wouldn't have to meet
the requirement of no net phosphorous.
Personius stated the code is designed to provide as many options as possible,
individually or as a whole, to reduce phosphorous.
Chris Weitzel spoke about the increased cost of developing a lot in Sudden Valley
eliminating the value of the lot. Don't overlook the work the Sudden Valley Association has
done so far.
Marian Beddill spoke on the overall objective of reducing phosphorous in the Lake
Whatcom watershed and the inefficiency of engineered solutions for reducing phosphorous.
Let the natural system treat the runoff. Find out the phosphorous levels in the watershed
during the period when the diversion was turned off for technical reasons. Find out if the
middle fork flow coming into the lake is cleaner or dirtier than the runoff.
Doug Allen, Manager of the Department of Ecology (DOE) Bellingham Field Office,
stated the DOE supports the ordinance. It will address most of their concerns. DOE will
work with County staff to address comments regarding the TMDL.
Knutzen asked and there was discussion of the impact of the national pollution
discharge elimination system (NPDES) phase 2 on the property owners in areas around
Northwest Road.
The motion carried by the following vote:
Ayes: Weimer and Crawford (2)
Nays: Knutzen (1)
OTHER BUSINESS
(10: 41:45 AM)
Crawford stated and there was discussion about a citizen interested in developing a
marijuana growing operation and the protocol for zoning and permitting the use. He asked
where County staff is going with marijuana growing and production in Whatcom County.
Mark Personius, Planning and Development Services Department, stated his
understanding of this issue is limited at this point. The department met with legal counsel
about this issue. The department is to work on a marijuana policy, but is not accepting
applications until that policy is worked out. That is the direction of the Prosecuting
Attorney. Wain Harrison is working on the process with the Prosecuting Attorney's Office.
Brenner stated she wants to go forward with docketing this issue. Don't delay
permitting the use.
Kremen asked and there was discussion of whether each county in the state is
setting up their own system or if there will be a central system at the State level. The
initiative is too vague.
Natural Resources Committee, 7/23/2013, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Weimer stated the Council needs a discussion with Planning staff and the Prosecuting
Attorney about going forward.
Kershner asked and there was discussion of agricultural code language not
exempting marijuana. It seems the code allows the horticulture of marijuana in the rural
area.
Jack Louws, County Executive, stated the Prosecuting Attorney and Planning staff will
give a presentation to councilmembers. The County is obligated to process the building
permit. Staff informs the Prosecutor's Office when there is a request.
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, 7/23/2013, Page 4