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HomeMy WebLinkAboutSpecial Council March 13 1995WHATCOM COUNTY COUNCIL Special Council Meeting CRITICAL AREAS REGULATIONS March 13, 1995 The meeting was called to order at 11:30 a.m. by Chair Robert Imhof in the Committee Room, 311 Grand Avenue. Also Present: Absent: Alvin Starkenburg Barbara Brenner Marlene Dawson Ward Nelson Larry Harris Ken Henderson (late) 1. WORK SESSION ON THE ORDINANCE ADOPTING THE WHATCOM COUNTY CRITICAL AREAS REGULATIONS (AB94- 548A) Terry Galvin, Planning, was present to offer staff recommendations and answer any questions. Harris moved for approval of Planning staffs recommendation on page 33, section 9.5, "Permit Exempt ", that section 9.6 "Authorizations" and 9.6.1 be deleted and 9.6.1A through G be renumbered as 9.5.1K through Q, followed by section 9.5.2A and B. Also, delete "O" entirely. Motion carried unanimously. Harris moved to add language on page 40 to read: After discussion, Harris withdrew his motion Harris moved to add language on page 41, section A.S: "...goals and objectives f EN in order to determine the success... ". Motion carried unanimously. Starkenburg moved to add language on page 42, section 9.10.1: 'The County waive the requirements..:'. Motion carried unanimously. CAO Minutes, 3/13/95, 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 Harris moved to add language on page 44, section 10.1A: 'To recognize the W` the beneficial... ". Motion failed 1 - 4 with Harris in favor. Harris moved to add language on page 44, section 10.2 just before .1: "Rivers, streams `. <tfr are Critical Areas. .: nA•:Gn •3. \'. \iA\UAU}} }:hS:iikw' iC Motion carried 3 -2 with Dawson and Starkenburg opposed. Harris moved to add language on page 44, section 10.2.2: "...and defined - channel swales hud: >:1:::wat:<.. ; . <::::rhh:::wr:::ut'al:::tt:::: r::t:::t# The channel or bed..:'. Motion failed 2 -3 with Henderson and Harris in favor. Imhof moved for approval of Planning staff's recommendation on page 45, delete section 10.4 "Authorization" and section 10.4.1 and move 10.4A through F to 10.3K through P, followed by section 10.3.2A. (Clerk's Note. No vote was taken on this motion, as it was unanimously agreed to approve this change. This then corresponds to the section, 'Permit Exemptions" page 33, section 9.5 as above. All similar 'Permit Exemption" sections should be changed as are sections 9.5 and 10..3.) Starkenburg moved on to include the language on page 35, section 9.7.2 as language on page 45, section 10.5.1. Motion failed 1-4 with Starkenburg in favor. Harris moved to include the language on page 45, section 10.5.1 throughout the document under the heading "Relationship to Other Jurisdictional Agencies." Motion carried 4 -1 with Starkenburg opposed. Dawson moved to add language on page 45, section 10.5.1: "...but not limited to, the IAummi Indian Nation <I the Nooksack Tribe * ' , the United... ". Motion carried unanimously. Harris moved to change language on page 46, section 10.6A.1 to the original Critical Areas Ordinance language, section 11.6.2A. Motion failed 2 -3 with Henderson and Harris in favor. CAO Minutes, 3/13/95, Page 2 1 There followed a lengthy discussion on buffer widths, Imhof being concerned 2 about Type 1 Water: 200 ft. Starkenburg requested that Terry Galvin, Planning, write 3 up staff suggestions for consideration by the Council. Starkenburg suggested adding 4 language on page 46, section 10.6E1 'f, >r >''` ;require increased buffer..:' and 'Fj,:; •• }}}}}vi:' +r YrJCi:4'!11 \:S 5 F1: € :: reduce the ..: ; Harris suggested adding language on page 46, 6 section 10.6E1, requests subsection "c" to discuss habitat; and page 46, section 10.6.3: 7 "No activity •f shall be permitted ..:.. Galvin and the Planning staff will examine 8 section 10.6 and comprehensive 'buffer" language changes and make all 'buffer" language 9 in the entire Critical Areas Ordinance document compatible. 10 11 Starkenburg moved to delete on page 48, section 11.2.2B.1: "...recreational fishing 12 opportunities as deteffflined by the Fish Habifa4 Beafd." 13 14 Motion carried unanimously. 15 16 Starkenburg moved to delete on page 52, section K. "Pesticide or €eref 17 apples applied by..."; delete 12.4 and 12.4.1 "Authorizations "; change 12.4A through 18 E to continue as 12.31, through P. 19 20 (Clerk's Note. As this motion would make the language in the document uniform 21 throughout, the motion was not voted on, but all were in agreement.) 22 23 There was discussion of the Appendices. 24 25 Starkenburg moved to delete the Appendices and put them into development 26 standards. 27 28 Motion carried unanimously. 29 30 ADJOURN 31 32 The mee ' was ourned at 1:20 p.m.. 33 %/I 4 . A 34 35 Elizj'beth Bennett, Recording ",§7 36 \ 37 These minutes were approv 38 39 ATTEST: 40 ,,•- 41 42 \ 43 Dana Brown - Davis 44 Acting Clerk of the Council by the Council on June 6 , 1995. WHATCOM COUNTY COUNCIL WHATQPM COUNTY, WASHINGTON CAO Minutes, 3/13/95, Page 3