HomeMy WebLinkAboutPlanning December 8 20151 WHATCOM COUNTY COUNCIL
2 Planning and Development Committee
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4 December 8, 2015
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6 CALL TO ORDER
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8 Committee Chair Ken Mann called the meeting to order at 3:17 p.m. in the Council
9 Chambers, 311 Grand Avenue, Bellingham, Washington.
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12 ROLL CALL
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14 Present: Ken Mann, Barbra Brenner, and Rud Browne
15 Absent: None
16 Also Present: Satpal Sidhu, Pete Kremen, and Barry Buchanan
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19 COMMITTEE DISCUSSION
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21 1. DISCUSSION REGARDING A PROPOSAL TO AMEND MARIJUANA
22 PRODUCTION AND PROCESSING REGULATIONS IN THE WHATCOM
23 COUNTY CODE FOR CONSISTENCY WITH THE STATE REQUIREMENTS
24 (AB2015 -395)
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26 Nick Smith, Planning and Development Services Department, gave a staff
27 report and stated staff is asking for the committee's input on a proposal to amend
28 the definitions to match uses allowed for each license type according to the
29 recently- changed State licensing rules. He described the changes. Staff also
30 proposes to reclassify a marijuana production facility from a permitted use to
31 administrative approval use in the rural zone. If approved, the changes will go to
32 the Planning Commission in February 2016. Staff is looking for input and a
33 recommendation from committee.
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35 The councilmembers discussed the threshold of when agricultural activity
36 crosses from production to processing in the rural zones. Marijuana processing is
37 the drying, curing, and packaging processes.
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39 Smith stated that if the Council recommends, staff can consider amending
40 agricultural processing to allow minor activities and to clarify the issue. In the
41 agricultural zone, agricultural processing is an accessory use, so this question rarely
42 comes up. It only becomes an issue in the rural zone. To this date, all applicants
43 have applied for, and the County has approved, an administrative approval permit
44 for both producer and processor.
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46 Jessica Straight stated she supports growing, harvesting, and packaging for
47 wholesale as a producer, and then it can be sold to a processor for repackaging or
48 further processing. Only the processor is allowed to sell to a retailer. She supports
49 the first proposal, but don't change the use from permitted to administrative
50 approval.
Planning and Development Committee, 12/8/2015, Page 1
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2 The councilmembers continued to discuss the distinction between producing
3 and processing marijuana and producing and processing of other agricultural
4 products; why the curing and drying of marijuana are necessary for producing
5 instead of processing, and; the processing step that is meant to control the entire
6 plant, not just the flower.
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8 Mann stated he recommends that staff proceed as they requested, which is
9 to take the proposed ordinance as presented to the Planning Commission.
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11 The Committee concurred.
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13 2. DISCUSSION REGARDING PROPOSED AMENDMENTS TO WHATCOM
14 COUNTY CODE TITLE 20 ZONING TO ALLOW VACATION RENTAL
15 UNITS AS AN ACCESSORY USE (AB2015 -072B)
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17 Gary Davis, Planning and Development Services Department, submitted and
18 read from a presentation (on file) and gave a staff report.
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20 The councilmembers discussed whether some uses would be grandfathered
21 in,
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23 Brenner stated make regulations stricter in the Lake Whatcom watershed,
24 including banning vacation rentals that are on septic systems. No changes are
25 necessary in the resort areas like Birch Bay and Glacier. It would be difficult to
26 enforce a limit on the number of days per year or the spacing and density. Change
27 the shoreline management program (SMP) so vacation rentals have to follow SMP
28 rules.
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30 Councilmembers discussed the impact to neighbors of vacation rentals near
31 Chuckanut Drive and similar locations.
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33 Browne stated it would be difficult to enforce a limit on number of days
34 rented per year and limiting the density in a geographic area. He agrees with
35 limiting them on septic systems in the Lake Whatcom watershed. Owners must be
36 required to self - certify annually. He proposes a registration program according to
37 his handout. Also the advertised occupancy of the vacation rental should not be
38 greater than what the house has been permitted for.
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40 Councilmembers continued to discuss hazardous conditions due to a lack of
41 regulations and requirements; creating a registration program that is visible to the
42 public and included in all advertisements; how to define occupancy limits; whether
43 there is a property tax differential between a residential use and these types of
44 uses, and; whether there is a County fee for the registration process.
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46 Kelvin Barton stated he supports much of the proposal. There is a difference
47 between businesses who rent out vacation rentals and homeowners who rent out
48 their homes. The same rules don't apply to both. They need a definition for
Planning and Development Committee, 12/8/2015, Page 2
1 owner - occupied homes, businesses that independently advertise vacation rentals,
2 and fire department- defined occupancy limits.
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4 Howard First stated he agrees with Councilmember Browne's comments. He
5 has concerns also about parking.
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7 Kremen stated that in the Lake Whatcom watershed, the occupancy limit
8 should be restricted to what the septic system is designed to handle.
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10 The councilmembers discussed vacation rentals as a supplementary income,
11 not a primary business and whether they should limit vacation rentals to a
12 maximum number of days per year.
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14 Browne submitted a handout of proposed VRBO fees, additional
15 requirements, and penalties (on file).
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17 The councilmembers discussed Lake Whatcom watershed issues and potential
18 changes to the shoreline management program (SMP).
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20 Mann stated the councilmembers are leaning toward initiating changes to the
21 SMP, although they don't know what those changes will be.
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23 The Committee concurred.
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25 Davis stated he has the following suggestions from councilmembers:
26 • Require annual registration /inspection
27 • Make registration information available on the business website
28 • Business advertisements must include the registration number
29 . Don't advertise a higher occupancy than the permitted occupancy
30 • Look into the fire department option of allowing more than two per
31 bedroom, but not in Lake Whatcom
32 . Create separate regulations just for Lake Whatcom, such as a
33 conditional use permit, and make the other regulations countywide
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35 The Committee concurred.
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37 Councilmembers continued to discuss appropriate occupancy rates in the
38 entire county and in the Lake Whatcom watershed. Tie the occupancy rate to the
39 number of bedrooms, not the septic permit.
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41
42 OTHER BUSINESS
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44 There was no other business.
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Planning and Development Committee, 12/8/2015, Page 3
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ADJOURN
The meeting adjourned at 4:57 p.m.
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Keri Mann, Committee Chair
Planning and Development Committee, 12/8/2015, Page 4