HomeMy WebLinkAboutSpecial Committee of the Whole April 21 20091
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
April 21, 2009
Council Chair Seth Fleetwood called the meeting to order at 9:11 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Sam Crawford Bob Kelly
Carl Weimer
Laurie Caskey- Schreiber
L. Ward Nelson
Barbara Brenner
ORDINANCE ADOPTING THE WHATCOM COUNTY LUMMI ISLAND SUBAREA PLAN
(AB2009 -088A)
Roland Middleton, Public Works Department, submitted information (on file) with a
recommended amendment regarding newly acquired beach access.
Caskey- Schreiber moved to approve the recommended amendment to plan page
55 as shown in the handout.
Motion carried 5 -0 with Kelly and Brenner absent.
Middleton stated information from Al and Sheila Marshall had to do with typos and
misunderstandings, and have been corrected.
(Clerk's Note: Discussion continued below.)
DISCUSSION REGARDING THE URBAN GROWTH AREAS REVIEW PROCESS
(AB2009 -052)
David Stalheim, Planning and Development Services Department, submitted and
read through a handout (on file).
Weimer asked if the EIS will inform them of the reality of the numbers in the
handout. It seems the City numbers may not be realistic. Stalheim stated the EIS will
inform them of the impacts. The question is whether the market will follow these City
proposals. If they tightly constrain Bellingham, the smaller communities may be more
successful.
Weimer stated Everson wants to grow in size, but not in jobs, according to the
handout. He asked if they are creating bedroom communities. Stalheim stated staff is
looking at increasing those jobs numbers.
Special Committee of the Whole, 4/21/2009, Page 1
Fleetwood asked about a proportionate versus disproportionate allocation regarding
the City of Bellingham. Stalheim stated they need to get a better jobs -to- housing balance.
Either lower the employment or raise the population to create a balance.
Caskey- Schreiber stated the danger of the X -Y proposal is that it's a fantasy that
rural small cities will capture the job market. They have infrastructure issues that will
prohibit that growth. The City of Bellingham isn't planning to meet the historic markers for
growth. She asked at what point they create more realistic plans. Stalheim described the
Growth Management Act process for gathering and using city proposals. Once the County
has collected all the city proposals, it will review and respond to those proposals. The
County isn't required to choose either X or Y. They can pick and choose between the
alternatives. It seems that one reason small cities have chosen option Y to defend their
urban growth areas. If they do something differently, the County will scale back those
boundaries. Also, they don't want to be bedroom communities for Bellingham. They want
to be more self- sustaining.
Fleetwood asked about 15 percent being a reasonable rural percentage. Stalheim
stated rural growth rates have been trending downward from 24 percent. There are 18,000
existing vested, vacant lots. The growth rate will still be strong for some time.
Caskey- Schreiber asked about the timeline. She asked the city deadline to submit
their plans. This needs to be before the Planning Committee in September and the full
Council by October. Stalheim stated city proposals are due June 1. Most cities will meet
that deadline. The County will move forward even if a city doesn't submit a proposal. Once
the proposals arrive in June, the cities can make a presentation to the Council and Planning
Commission. Have a hearing on the city proposals, and then staff will develop a response
to the information received from the cities and public. They anticipate getting this done the
last Council meeting in November. This is the extended - deadline schedule given to the
cities several months ago.
Nelson asked if changes to the EIS requires another EIS. Stalheim stated they may
have to do additional environmental review if they do something outside the ranges studied.
They tried to study a broad range in the first place. The cities can do their own
environmental review if necessary.
Nelson asked how they will prevent last minute changes that would require additional
study. Stalheim stated the GMCC is aware of the issue.
Fleetwood asked for a summary of the next GMCC meeting. Stalheim explained the
topics of discussion for the next meeting.
Weimer asked how the County is developing its allocations for the Birch Bay area,
since it's not incorporated. Stalheim stated they have gathered feedback from the
community and the County Council. They have held work sessions in the community.
There is a strong feeling to uphold their 2004 community plan. There is a concern about
numbers being out of balance with the City of Blaine. Staff is working with local
communities on a proposal. The formal proposal will be a staff proposal with community
input.
ORDINANCE ADOPTING THE WHATCOM COUNTY LUMMI ISLAND SUBAREA PLAN
(AB2009 -088A)
(Clerk's Note: Discussion continued from above.)
Special Committee of the Whole, 4/21/2009, Page 2
Middleton stated he reviewed community comments. He went through the for
recommended changes. He will not address suggested changes to the goals. Those are
policy issues for the Council
He referenced plan page 50. The FEMA flood area as shown is correct.
Crawford stated the language should clarify that property owners within the FEMA
designated zones, particularly the V zone, should be aware of development standards in
those areas to meet FEMA standards. Middleton stated he will work with River and Flood
Manager Paula Cooper to craft clearer language.
(Clerk's Note: End of tape one, side A.)
Caskey- Schreiber moved to amend, plan page 50 and Wynne Lee's handout, page
two, with a correction to one typo, "...heavy rains, especially during high times tides."
Motion carried 5 -0 with Kelly and Brenner absent.
Middleton referenced page 58 about walking trails and trespass. The language is odd,
but he doesn't have a recommendation for a change.
Middleton stated this is typical language that doesn't really mean anything.
Crawford moved to change the last sentence, "..If neither geal ean be aehieved,
eeneer-is- Thesegoals will" reduce :friction over trespass and;pnva;ey concerns."
Motion carried 5 -0 with Kelly and Brenner absent.
Middleton referenced page 79. There is no longer a goal regarding growth rate limit
and residential building permit allocation system. The Planning Commission chose to leave
it in. There was much debate. He believes it's not viable. Strike that entire section,
beginning on plan page 79 and going through to page 81.
Weimer moved to delete the section entitled Growth Rate Limit and Residential
Building Permit Allocation System from plan page 79. through 81, including Table 9. It is
part of rural lands protections. Until they figure out what that means, they don't need a
goal that addresses it in the plan.
(Clerk's Note: Councilmember Brenner arrived at 10:07 a.m.)
Motion carried 6 -0 with Kelly absent.
Middleton referenced plan page 83, which has an error in goal 1.1.
Caskey- Schreiber moved to amend goal 1. 1, "+ri�i+r maximum;;."
Motion carried 5 -0 with Kelly absent and Brenner out of the room.
Middleton referenced plan page 90, goal 3.1h. The, Lummi Island planning group
recommends that the goal be six instead of 15 single - family residential units. The Planning
Commission chose to leave it at 15.
Special Committee of the Whole, 4/21/2009, Page 3
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2 Caskey- Schreiber asked if that would change the required water system. She asked
3 if that density is an issue. Middleton stated the density won't change. He's not sure there
4 are any parcels big enough to handle 15 cluster units.
5
6 There was discussion about cluster development on Lummi Island; water rights;
7 impacts to the aquifer, and; Title 20 clustering requirements in rural lands in the Rural
8 Residential- Island (RRI) zone.
9
10 Weimer moved to amend plan page 90, goal 3.1h, "F ) six (6) single -
11 family residential units...."
12
13 Crawford suggested a friendly amendment to delete goal 3.1h on plan page 90.
14
15 Weimer did not accept the friendly amendment.
16
17 Motion carried 4 -2 with Nelson and Crawford opposed and Kelly absent.
18
19 Middleton referenced table seven, the Land Use Build Out Alternative Scenarios, on
20 plan page 69. The 2003 information was based on 100 gallons per person, per day. The
21 consultant advocated for a change to 110 gallons per person, per day. The groundwater
22 investigation appendix indicates that the base level should be 110 gallons per person, per
23 day. However, he doesn't recommend recalculating the table since it has no force of law.
24
25 He referenced citizen requests to immediately include information from the
26 groundwater methodology. Once this plan is moved to concurrency, he will bring forward
27 Title 16 changes to the critical areas ordinance to implement this plan. Other goals and
28 action items will be given to the Planning Department for their work program.
29
30 Caskey- Schreiber moved to add language to plan page 30, under the section
31 regarding Prime Agricultural Soils, regarding Agricultural Resource Lands, as recommended
32 by Darlyn Del Boca in her fax transmittal to Councilmember Caskey Schreiber dated April,
33 13, 2009 with one sentence deleted, "Agricultural: Resource Lands Although property
34 values on 'the island aKe high, land leased for agricultural use is economically usable
35 Agricultural has been an important activity on Lummi Island since the arn�al of he first
36 Europeans In addition, there are 'numerous `kitchen gardens "' A community garden has
37 been established To the fullest possible extent; IancJ with 'such soil should be preserved for
38 future agFricultural uses:"
39
40 Motion carried 5 -0 with Nelson out of the room and Kelly absent.
41
42 There was discussion about soils protected by the agricultural protection overlay
43 (APO); adding agricultural zoning to Lummi Island; the overall, broad goals of this plan;
44 community and Planning Commission discussion about agricultural resource lands being part
45 of the over plan; modifying the APO to include RR -I;
46
47 Caskey- Schreiber moved to amend plan page 83, under the Subarea Plan Goal
48 heading, "...that will preserve the island's ground water resources, ggncultural ,Resource
49 Lands, rural character, and sense of community."
50
51 Fleetwood suggested a friendly amendment to amend plan page 83, under the
52 Subarea Plan Goal heading, "...that will preserve the island's ground water resources, rural
Special Committee of the Whole, 4/21/2009, Page 4
character, and sense of community. Rural character is understood to mean ... wooded areas
and wildlife. agricultural. resource protection_ -and the lack of...."
Caskey- Schreiber accepted the friendly amendment.
Motion carried 6 -0 with Kelly absent.
There was discussion on applying the APO to smaller parcels on Lummi Island; the
purpose of the subarea plan and the County Code; public access to the forest areas on the
southern part of the island; increasing ferry traffic to the island as they encourage public
access; the use of the term `hobby farm'; the Reil Harbor facility;
Weimer moved to amend the first paragraph in the recreation section on plan page
55, "South: of::Fhe Reil Harbor facility is a marine recreation site owned by the Department
of Natural Resources - part of the marine trail in Puget Sound. It is a primitive camping and
picnicking site for kayakers and boaters. It ineludes a Fneering buey and is only accessible
from the water...."
Motion carried 6 -0 with Kelly absent.
Caskey - Schreiber referenced the amendment suggested by resident Wynne Lee
regarding the 2006 Groundwater Investigation by Aspect Consulting (on file). She asked
Mr. Middleton to review and incorporate the suggestion, if it hasn't already been
incorporated. Middleton stated he can make the change to the original groundwater section
and as part of the goals. Add language for implementation, "A water management plan
consisting of best available science for water retention practices."
Weimer moved to add language, "A water management plan consisting of best
available science for water retention practices."
Motion carried 6 -0 with Kelly absent.
Weimer moved to designate Lummi Island a stormwater special district Add a new
oal item 2.8 on plan page 87, "consider the' "addition of Lumm' -:Island to the stormwater
Brenner stated they should include options and incentives for people to do their own
low- impact development to avoid fees.
Motion carried 6 -0 with Kelly absent.
Crawford moved to approve the proposed amendments as shown on page three of
the handout from Wynne Lee (on file).
Motion carried 6 -0 with Kelly absent.
Fleetwood stated this plan as amended will come before the Council at the next
meeting for either an introduction or a public hearing.
OTHER BUSINESS
There was no other business.
Special Committee of the Whole, 4/21/2009, Page 5
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ADJOURN
The meeting adjourned at approximately 11:15 a.m.
-:]a:::
Jill Nixon, Minutes Transcription
The Council approved these minutes on May 12 , 2009.
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Special Committee of the Whole, 4/21/2009, Page 6