HomeMy WebLinkAboutSpecial Council April 30 1996WHATCOM COUNTY COUNCIL
Special Council Work Session
April 30, 1996
The meeting was called to order at 11:08 a.m. by Planning and Development Committee
Chair Alvin Starkenburg in the Council Committee Room, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Ward Nelson
Kathy Sutter
Robert Imhof
Staff Present:
Dan Gibson, Council's Counsel
Terry Galvin, Planning & Development Services
Vickie Woods, Planning & Development Services
Bob Woods, Council Budget and Program Analyst
1. ORDINANCE AMENDING CHAPTER 16.16 (CRITICAL AREAS) OF THE
WHATCOM COUNTY CODE BY AMENDING ARTICLES II AND III AND
ADOPTING ARTICLES IX, X, XI, AND XII TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB96 -118)
(COUNCIL IS SCHEDULED TO MAKE A DECISION ON THIS ITEM AT THE
EVENING COUNCIL MEE77NG)
Those commenting included (other than Council members):
Dan Gibson, Council's Counsel
Terry Galvin, Planning and Development Services
Doug Goldthorp, State Geologist
Skip Richards
Bob Woods, Council Budget and Program Analyst
Bob Andersen
Dick Olson, Department of Natural Resources
Dick Gilda
Special Council Work Session, 4/30/96, Page 1
I Starkenburg commented on the reason for this meeting.
2
3 Gibson commented on the legal call to address critical areas. He noted development
4 regulations which protect critical areas that must be addressed by law include the following:
5 wetlands; areas with critical recharging function aquifers used for drinking water; fish and wildlife
6 habitat conservation areas; frequently flooded areas; and geologically hazardous areas. The
7 particular focus of the Growth Management Hearings Board's concern, as well as Council's, are
8 wetlands and fish and wildlife habitat conservation areas. He reviewed the planning goals of the
9 Growth Management Act (GMA), which include housing; property rights; natural resource
10 industries; open space and recreation; environment; and citizen participation and coordination.
11 Legislative bodies are called to bear these goals in mind when articulating their decisions. At
12 times, these goals are in conflict. He requested Council rationalize its decision with those
13 conflicting goals in mind, so that when a decision is made, there is a trail as to how the decision
14 was made.
15
16 Nelson stated he had concerns regarding jurisdictional control on critical areas, utilities
17 and the buffer.
18
19 Gibson stated that once the Comprehensive Plan process has been adopted, the process of
20 developing the implementing regulations begins.
21
22 Starkenburg commented on the negotiating sessions with the state he and Nelson
23 attended. He stated this ordinance is being done with two styles: regulatory and non - regulatory.
24
25 Doug Goldthorp, a state geologist, responded to a question from Dawson regarding
26 wetland Categories III and IV. Topics he discussed included the underlying geology and aquifer
27 recharge function.
28
29 Other topics discussed included: well depths; wetland aquifer recharge function protection
30 acreage; policy regarding wetlands; accuracy of determination of critical aquifer recharge area;
31 and definition of conservation area.
32
33 Sutter was concerned about the Findings, page 116, #15, and wanted to insert the
34 following language: "The audio - visual presentation at the hearing
35 illustrated how five foot buffers provide tC ` shade and protection to fish in
36 streams in Whatcom County."
37
38 Starkenburg requested Council try to avoid small word changes. Gibson suggested the
39 Findings are typically there to address what it is that is being adopted, so it is crucial to address
40 the Findings. He stated it may be putting "the cart before the horse" to do the Findings before
41 adoption of the Conclusion.
42
43
Special Council Work Session, 4/30/96, Page 2
Galvin responded to Sutter's recommendation by stating that Planning staff does not
support her statement.
(Clerk's Note: Council agreed to handle the Conclusion and then revisit the Findings so
both would be in agreement.)
Sutter also was concerned about the direction to staff regarding the definitions not being
used in the terms of the ordinance.
Gibson suggested focusing on the language changes that would make a difference.
Nelson spoke to jurisdictional control. Gibson commented.
Brown said he thought the public health would be jeopardized if the ordinance were
passed as is. He suggested a new section on packet page 127, H. Activities necessary to comply
with the city, county, state and federal law. Starkenburg, Galvin and Nelson commented.
Skip Richards and Gibson discussed overlapping jurisdiction. Nelson also commented, as
did Bob Andersen, Brenner and Galvin.
Nelson moved to change language as follows: On packet pages 137, lines 45 -46 & page
138, lines 1 & 2; packet page 145, lines 2 -6; and packet page 151, lines 20 -21, add language:
"...Wildlife, and Ecology; and it is determined by the county that the permit conditions satisfy the
requirements of this chapter the county may 0.4:1; allow requirements imposed by any of these
jurisdictions shall substitute for the ..."
Motion carried unanimously.
Sutter moved to change language as follows: On packet page 118, lines 34 -41, change
language: "Buffer (the buffer zone)" means the vegetated area adjacent to the outer boundaries of
o� stt which provide
separation as required by this chapter, thus minimizing adverse impacts to these areas to the
lac:
MIN
There was discussion on the motion.
Motion carried 4 -3 with Imhof, Nelson and Starkenburg opposed.
Brenner expressed concern over the definition for "vegetated ". Gibson stated the
definition would default to the dictionary.
Special Council Work Session, 4/30/96, Page 3
Dick Olson commented regarding timber in buffer zones.
There was discussion on wetlands Category III and IV. Gibson informed Council that at
tonight's meeting, justification for making amendments should occur prior to the time of
adoption.
Nelson moved to delete language: On packet page 133, lines 30 & 31, strike #3: 3. T0
Motion carried unanimously.
Sutter moved to delete language: On packet page 136, lines 16 & 17, delete "one acre or
greater": "...4. Category IV Criteria. Wetlands one acre oi giL eater that are not included... ".
Motion carried unanimously.
Galvin mentioned the staff errors on packet page 144, section 16.16.480.A9, .Al 1, .A14,
.A15 and .A16.
Nelson moved to change language: On packet page 145, line 42, change from 5 feet to 10
feet: "...d. Type 4 Water: 05 # ft.;... ".
There was discussion on the motion.
Motion failed 2 -5 with Nelson and Imhof in favor.
Brenner moved to add language: On packet page 144, line 20, add "annual ":
................
................
"...demonstrates clear evidence of the ;1sj passage of water... ".
Brenner stated the above motion included (in the definition section): On packet page 125,
line 16: "...demonstrates clear evidence of the passage of water... ".
Motion carried unanimously.
Brenner moved to change language: On packet page 127, line 23, change the language to
read. R Construction, :.............. ...... ........................ ...... of utilities witbin the ri s-of- wa Y 4"
.............................
There was discussion on the motion.
Motion carried unanimously.
Special Council Work Session, 4/30/96, Page 4
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
Closing comments:
Skip Richards was concerned about the establishment of the Citizens Advisory Committee
to identify fish and wildlife.
Bob Andersen expressed his concern about the specific language relating to addressing the
eligibility of mitigation projects.
Gibson pointed out that evidence of consideration is needed.
Dick Gilda was concerned about clarifications regarding permit requirements and utility
exemptions.
ADJOURN
The meeting was adjourne t 1:15 p.m.
th Bennett, Recording Secretai
These minutes were approved by t Council on June 11 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Co ncil Chair
Special Council Work Session, 4/30/96, Page 5