HomeMy WebLinkAboutPlanning August 9 20111
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
August 9, 2011
CALL TO ORDER
Committee Chair Bill Knutzen called the meeting to order at 3:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Ken Mann, Bill Knutzen and Barbara Brenner.
Absent: None.
Also Present: Sam Crawford, Tony Larson and Carl Weimer.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND ZONING MAPS TO CREATE A MINERAL
RESOURCE LANDS DESIGNATION AND ZONING OVERLAY OFF OF DORAN
AND BOWMAN ROADS IN THE SOUTH FORK NOOKSACK VALLEY, SOUTH OF
ACME (AB2011 -232)
Larson stated he would like to become more familiar with the environmental impact
information that came forward, and what will happen after this process.
Joshua Fleischmann, Planning and Development Services Department, stated
environmental review will take place as part of the permitting process. It went through
State Environmental Policy Act (SEPA) review in 2009. It originally received a
determination of non - significance (DNS). It was reissued because community members
who wanted to be informed of the decision hadn't gotten notice. There was an issue of
withdrawing the DNS, and then a mitigated determination of non - significance (MDNS) was
issued with conditions. It was appealed by both the applicant and community group. The
Hearing Examiner upheld the applicant's appeal of the MDNS condition.
Mann asked if the DNS was issued for the map change, not mining activity.
Fleischmann stated that was correct. Once the Council changes the Comprehensive Plan
designation to mineral resource land (MRL), any environmental review is all about
mitigating impacts. The activity will happen. It will be a question of how bad the impacts
will be. At this stage of the process, they don't have to decide the impacts. The Council
can just make a policy decision that this place isn't good for an MRL designation. Waiting
for environmental review to make a decision is too late. They will never get another chance
to make a policy decision about what the Council wants for the county.
Planning and Development Committee, 8/9/2011, Page 1
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Brenner stated she is not convinced that this is a good place to expand the MRL
zone. The Council should be convinced that the location is good for that use. She has
concerns regarding the aquifer recharge area. She is not comfortable with this and will not
support the ordinance at this time.
Knutzen asked if the scope of the work would be increased or limited to current
levels if the Council approved this MRL designation. Fleischmann stated that they would
need to stay within the same scope and reclaim the existing pit.
Weimer asked if the mining permit would go through the State Department of
Natural Resources (DNR). The Council was told that DNR has never turned down a permit
for a gravel mine. Fleischmann stated the DNR permit is for reclamation. The County
issues an administrative approval permit for the mining activity.
Weimer asked if the Council has ever turned down an administrative approval
permit. Fleischmann stated he didn't know.
Knutzen moved to recommend approval to the full Council.
Larson asked if any part of the process would provide them more information. He's
looking at the process and whether all the requirements have been met. He has concerns
about some of the environmental issues that were brought up, but it sounds like that's part
of the permit process, not this process. He asked at what part of the process staff expects
to get that environmental information.
Brenner stated she would have preferred that Planning staff made some of those
decisions on what they need. It bothers her that a DNS is not done until there is an actual
project. Once they apply the designation, there is an expectation for the land, which makes
it more difficult for the Council to deny a use. Planning staff can get more information
without doing a DNS.
Mann stated that Councilmember Larson raises a good question. The system is
broken, because they can issue a DNS for something that will clearly have significant
environment impacts. The system ignores it by saying they are just drawing a circle on the
map, which doesn't have any environmental significance itself. However, the meaning of
that land use change has significant environmental impacts. That's how the system is
broken. The DNS is not appropriately applied in these situations. The Council must make a
policy decision, look at the big picture, and determine where all uses should go. Once they
draw the circle, they look at the detail, not the big picture. It's taken out of the Council's
hands. He will not vote for the ordinance.
Brenner stated the County should do more environmental work in that area, not the
proponent. The proponent did what was required through the process. The County could
have asked for more answers. If they don't have a choice, than the system is broken.
The motion failed by the following vote:
Ayes: Knutzen (1)
Nays: Mann and Brenner (2)
Planning and Development Committee, 8/9/2011, Page 2
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:16 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@-.o.whatcorn.wa.us
Planning and Development Committee, 8/9/2011, Page 3