HomeMy WebLinkAboutSpecial Committee of the Whole AM March 22 20161 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
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4 March 22, 2016
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7 CALL TO ORDER
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9 Council Chair Barry Buchanan called the meeting to order at 9:30 in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
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13 ROLL CALL
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15 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
16 Donovan, Rud Browne and Barry Buchanan.
17 Absent: None.
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20 PUBLIC COMMENT - 15 MINUTES
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22 The following people spoke:
23
24 Roger Almskaar referenced Council packet page 35 and the change approved on
25 March 8 to Comprehensive Plan page 8 -4, lines 44 -45. He stated don't remove "without
26 infringing on private property rights." Government must protect private property rights.
27 Also, transfers of development rights (TDRs) in farmland is a problem. It violates
28 constitutional law regarding nexus and rough proportionality to require a developer of any
29 kind to buy development rights from another part of the county. The language implies that
30 a developer is required to buy TDRs. The burdens must be reasonably related to the
31 impact.
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33 Browne stated the Council decided to remove the language in that section because it
34 isn't related to the primary goal of conserving agricultural lands. The issue of private
35 property rights is addressed in later work. There is no erosion of private property rights.
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37 Almskaar stated agriculture and private property rights are related. This section
38 talks about rural zones, not agricultural zones. The County's legal counsel must look
39 carefully at this.
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41 Sidhu asked how Mr. Almskaar would solve the issues.
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43 Almskaar stated rezone land outside the agricultural zone that is being used for
44 commercial farming to an agricultural zone. They may also use the purchase of
45 development rights (PDR) program.
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47 Sidhu asked Mr. Almskaar to use his knowledge to come up with solutions.
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49 Linda Twitchell, Building Industry Association, stated the citizens provide feedback,
50 and the Council must come up with solutions. She agrees with Mr. Almskaar. Respect
51 private property rights. It is appropriate to have overlap throughout the Comprehensive
52 Plan chapters. She's concerned about conserving agricultural land in the rural zone,
53 because the rural zone is supposed to be multi -use. If necessary, the County should buy
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 1
1 development rights, not developers. She is opposed to the transfer of development rights
2 program. Regarding Policy 8U -1, a builder can't put adequate protection of aquatic lands in
3 place for adjacent property.
4
5 Karen Brown stated comments about the Comprehensive Plan haven't been posted
6 to the website since February 23.
7
8 Dan Cox, Concrete Nor'West, spoke about the mineral section of the Chapter. He
9 has concerns about the non - factual negative statements about mining. Revise the language
10 to fairly present the issues about mining. This was a carryover from a time when mining
11 was less regulated. He read from Comprehensive Plan page 8 -30, lines 36 through 40 in
12 the general issues section of the issues, goals, and policies section. That language is
13 speculative, with no supporting evidence. Mine operators aren't responsible for other
14 people who are breaking the laws. Revise the speculative language to be more factual. The
15 State Department of Natural Resources (DNR) requires that mines be reclaimed. A mine
16 left unreclaimed is illegal.
17
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19 COMMITTEE DISCUSSION AND PRELIMINARY DIRECTION
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21 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
22 PLAN CHAPTERS, RESOURCE LANDS (AB2016 -047H)
23
24 Forrest Longman, Council Office, referenced the Council proposed changes on Council
25 packet page 21 and the proposal to include a new section on Aquatic Lands. Staff would
26 like to review and work on it.
27
28 Weimer stated he is fine with staff working on the Aquatic Lands section. The Marine
29 Resources Council (MRC) helped draft the language. Staff should be sure to consult with
30 the aquatic experts so it doesn't remove anything critical.
31
32 Brenner stated a new section should go to the Planning staff and Planning
33 Commission before the Council.
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35 Weimer moved to defer consideration of the Aquatic Lands section until staff works
36 on it.
37
38 The motion was seconded.
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40 Brenner stated it should also go to the Planning Commission.
41
42 The motion carried by the following vote:
43 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
44 Nays: Brenner (1)
45
46 Brenner referenced item one in the Proposed Council Changes to the
47 Comprehensive Plan beginning on Council packet page 21. Include references to mineral
48 resources and aquatic industries.
49
50 Browne asked what that language means when they say they will become a
51 government of rural areas in land use matters.
52
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 2
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Longman stated that language is a direct quote from the Countywide Planning
Policies (CWPP).
Mark Personius, Planning and Development Services Department, stated the Growth
Management Act (GMA) intent is to transition urban services and areas to cities. County
governments are to handle regional issues and facilities and the unincorporated areas of the
county. The CWPPs were developed around 1997.
Browne referenced item one in the Proposed Council Changes to the
Comprehensive Plan beginning on Council packet page 21. He moved to amend
Comprehensive Plan page 8 -2, line 21 -30, "Identifying and designating productive
resource lands also helps
� implement County-Wide Planning Policies that state t
�.n
it.-..rn Ce nt , shat !- -Y7eee n efit-- ef- +°kr70 iiFeas land FT-latter -5
directed towards agriculture, forestry, mineral resources, aquatic industries and
other natural resources" . In addition, land use policies that encourage
best management practices are included within this chapter to support and maintain
the P_V de-- Plamvin g-aiding e+tt.As— paft-ef—a
broad based economy of productive timber, agriculture, mineral and fisheries
industries s*ceul:; _e maintain in a sustainable manner (GWPP- 1 -9)."
The motion was seconded.
Brenner stated she agrees with Councilmember Browne's changes to her
proposed motion.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne moved to amend Comprehensive Plan page 8 -3, line 45, "Those lands
designated as Agriculture in the Comprehensive Plan are designated as Agricultural Lands of
Long -Term Commercial Significance as defined by GMA. Agricultural lands of long -term
commercial significance are land: (a) not already characterized by urban growth (b) that is
primarily devoted to the commercial production of agricultural products enumerated in RCW
36.70A.030(2), including land in areas used or capable of being used for production based
on land characteristics, and (c) that has long -term commercial significance for agricultural
production, as indicated by =.—"roes the growing capacity, productivity, and soil
composition of the land for long -term commercial production, in consideration with the
land's proximity to population areas, and the possibility of more intense uses of the land."
(RCW 36.70A.030(10))."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Longman referenced item three in the Proposed Council Changes to the
Comprehensive Plan beginning on Council packet page 21 and stated staff made
recommendations to Policy 8A -3, shown on Council Packet page eight.
Weimer stated he supports the wording from staff rather than his proposed change
to Policy 8A -3.
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 3
Karin Beringer, Planning and Development Services Department, gave a staff report
and stated court cases and the Washington Administrative Code (WAC) are specific about
how counties must designate agricultural lands. Her suggested wording reflects the
requirements of the courts and WAC requirements.
Brenner referenced item f in the memo and stated it should say that public services
are not planned. Beringer stated that availability of public services should be considered
when determining agricultural land.
Browne stated item f doesn't say whether availability is or is not a factor for
designating agriculture. It doesn't give direction one way or another. There are a number
of statements like that. Beringer stated those statements come straight from the WAC,
which doesn't give direction. It was difficult to merge the original designation criteria and
the WAC requirements.
Weimer stated his language attempted to turn all those statements into positives
when designating agricultural land. A criteria for de- designation of agricultural land is the
lack of the listed criteria. However, he doesn't know how to rewrite items k, I, and m to be
positive statements. He moved to accept the Planning staff's version on council packet
pages 8 and 9, including the additional bullet point to Policy 8A -2, shown at the end of
packet page 9.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Donovan referenced Council packet page 22 and moved to amend Comprehensive
Plan page 8 -10, Policy 8A -4, "Support conservation of productive agricultural land by
requiring the use of best management practices including soil and water conservation,
livestockHent manure management, etc."
The motion was seconded.
Brenner stated the language should stay the way it was, because it's about more
than just waste.
Weimer stated the term "manure" speaks in plain language and is clear what they
are talking about.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
Weimer moved to amend Comprehensive Plan page 8 -10, Policy 8A -5, "Discourage
conversion of productive agricultural land to meampatibie non - agricultural uses." The
change is for clarity.
Brenner stated the question is about who will define a non - agricultural use, which
could be anything.
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 4
1 Weimer stated agricultural uses are defined in the Code. The word "incompatible" is
2 not.
3
4 The motion was seconded.
5
6 The motion carried by the following vote:
7 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
8 Nays: None (0)
9
10 Weimer moved to amend Comprehensive Plan page 8 -11, Policy 8B -6, "Develop a
11 range of non - regulatory programs, options, and incentives that agricultural landowners can
12 employ t-e so long as such programs, options, and incentives can be shown to produce
13 results that meet or exceed county environmental goals."
14
15 The motion was seconded.
16
17 Brenner stated it seems subjective, and the question is who would make the
18 determination about whether the results meet or exceed goals.
19
20 Browne asked at what point they will have to show that the results will work.
21
22 Buchanan stated the concept has been in the Comprehensive Plan. It's not new
23 language.
24
25 Sidhu stated this encourages people to make suggestions and makes room in the
26 Code for those suggestions.
27
28 The motion carried by the following vote:
29 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
30 Nays: None (0)
31
32 Weimer moved to amend Comprehensive Plan page 8 -12, to add Policy 8C -4,
33 "Encourage retiring farmers to pass their farms on to beginning farmers and encourage the
34 use of programs that help beginning farmers buy productive farmland."
35
36 The motion was seconded.
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38 Brenner asked how this would be done.
39
40 Sidhu stated farming has traditionally been a family business. It needs to be
41 considered, promoted, and encouraged as a viable profession. Farming should be
42 recognized as a professional occupation.
43
44 Brenner stated this language is about retiring farmers. It doesn't encourage young
45 people to become farmers.
46
47 Personius stated aging farmers without heirs may not have an incentive to keep
48 investments in the farming operation. This is not something County government typically
49 gets involves in. The County may work with agencies who do work with farmers. Create
50 potential and incentives to keep the farming operation going.
51
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 5
1 Weimer asked if there are programs to promote farming to young people. Beringer
2 stated there is a new Farmland Access program to help young farmers get into farming.
3 They would look at the Land Trust or another agency to take on such a program.
4
5 Browne moved to call the question.
6
7 The motion to call the question carried by the following vote:
8 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
9 Nays: None (0)
10
11 The motion to approve the amendment carried by the following vote:
12 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
13 Nays: None (0)
14 Abstains: Brenner (1)
15
16 Weimer moved to amend Comprehensive Plan page 8 -12, lines 38, "Agriculture
17 may conflict with other land uses. Improper nutrient or manure management practices on
18 agricultural land may impact the commercial and recreational use of aquatic lands miles
19 away." Most examples show how land uses have negative effects on agriculture, so this is
20 an example of how agriculture sometimes has negative effects on other land uses.
21
22 The motion was seconded.
23
24 Sidhu stated the land use conflict section puts agriculture in a negative light. Other
25 industries also have issues. The section about land use conflicts talks only about
26 agricultural use conflicts.
27
28 Donovan stated section 8D addresses the Right -to -Farm language.
29
30 Weimer stated there is a land use conflict section for each resource section. It has
31 always been there. He doesn't know if those sections are required. Beringer stated it is
32 required to have development regulations that support maintaining agricultural, forestry,
33 and mineral resources lands. Those development regulations are supposed to address
34 conflicting uses. The GMA doesn't require a land conflict section in the Comprehensive Plan.
35
36 Sidhu stated he would like time to come up with alternative language about the land
37 use conflict sections in the chapter.
38
39 The motion carried by the following vote:
40 Ayes: Sidhu, Brenner, Mann, Browne, Buchanan, Weimer and Donovan (7)
41 Nays: None (0)
42
43 Browne stated it's proper in each chapter to identify the conflicting issues with any
44 type of land. Continue to have that language in the Comprehensive Plan. Another issue is
45 how to take a comprehensive approach to mitigation, since they can't change the land base.
46
47 Weimer moved to amend Comprehensive Plan page 8 -14, Policy 8D -4, "Recognize
48 the importance of surface mining as an agricultural practice when the activity contributes to
49 enhancing subsequent agricultural uses on the property, and does not significantly impact
50 water quality and fish habitat in the area." A citizen suggested this language, but he is
51 ambivalent about it.
52
53 The motion was not seconded.
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 6
1
2 Weimer moved to amend Comprehensive Plan page 8 -14 to create new policy 8D -8
3 and renumber existing Policy 8D -8 and following 8D policies, "Through a continuum of
4 efforts moving from education to enforcement of regulations, that includes outreach,
5 development of voluntary best practices, technical assistance, incentives, monitoring, and
6 regulation, ensure that agricultural practices do not negatively impact aquatic resource
7 lands and critical areas." This policy describes the process for how they deal with conflicts.
8
9 The motion was seconded.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
13 Nays: None (0)
14
15 Weimer moved to amend Comprehensive Plan page 8 -14, Goal 8E, "EneeUrage
16 ag— imeu-[Wr--a� I e'ai -uses to veltFrne "1'eteet— an4— festere habitat of thrua }ed—aiid
17 _ndang ^rcd specie ; ;gh-edweat'._R and incentive pregFaffvs- Ensure agricultural practices
18 avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species
19 and to aquatic resource lands that support shellfish resources."
20
21 The motion was seconded.
22
23 Sidhu stated farmers have learned to recognize and act on these issues to find
24 solutions. He likes the wording, because it indicates that these issues impact everyone.
25
26 The motion carried by the following vote:
27 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
28 Nays: None (0)
29
30 Weimer moved to amend Comprehensive Plan page 8 -15, Policy 8E -2, "EneeWage
31
fencing along Fivers an r- eagle -p r-eve i pafiivan and instFeam
32 habitat. Prevent livestock from degrading riparian and instream habitat by using best
33 management practices for fencing of livestock from streams and support the provision of
34 alternative watering systems." He asked if the Code requires that they prevent livestock
35 from getting into creeks by using fences. Beringer stated it is addressed in the Critical
36 Areas Ordinance. Permanent fencing could cause more harm than good. Moveable fences
37 are an option.
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39 The motion was seconded.
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41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
43 Nays: None (0)
44
45 Weimer moved to amend Comprehensive Plan page 8 -15, Policy 8E -4, "image
46 Ensure proper storage and application of compounds that can pollute our waterways such as
47 manure and other fertilizers, pesticides and herbicides."
48
49 The motion was seconded.
50
51 The motion carried by the following vote:
52 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
53 Nays: None (0)
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 7
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2 Weimer moved to amend Comprehensive Plan page 8 -15, Policy 8E -5, °Eneeurage
3 Ensure properly functioning habitat conditions for those riparian areas and stream reaches
4 that do not currently provide such habitat conditions through voluntary restoration,
5 technical assistance, and incentives."
6
7 The motion was seconded.
8
9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
11 Nays: None (0)
12
13 Weimer moved to amend Comprehensive Plan page 8 -15, Policy 8E -6, "Encourage
14 the maintenance and operation of drainage systems such that the habitat and water quality
15 impacts from such systems are minimized and agricultural uses remain viable."
16
17 The motion was seconded.
18
19 The motion carried by the following vote:
20 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
21 Nays: None (0)
22
23 Weimer moved to amend Comprehensive Plan page 8 -16, Policy 8F -1, "Actively
24 participate in the WRIA 1 Watershed and Salmon Recovery Programs to ensure that the
25 agricultural sector's needs as well as other interests are addressed."
26
27 The motion was seconded.
28
29 The motion carried by the following vote:
30 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
31 Nays: None (0)
32
33 Weimer moved to amend Comprehensive Plan page 8 -16, Policy 8F -3, "Sttppert
34 Work to ensure that the agricultural community in has access to
35 sufficient direct legal water rights afe ava4able and other sources of water for agricultural
36 uses."
37 The motion was seconded.
38
39 Browne suggested a friendly amendment, "e rSHFe support."
40
41 Weimer accepted the friendly amendment amend Comprehensive Plan page 8 -16,
42 Policy 8F -3, "SUppeFt Work to support that the agricultural community in — I-egarl
43 has access to sufficient direct legal water rights are available and other sources of water for
44 agricultural uses."
45
46 Brenner stated they must keep it simple by saying legal water rights are available for
47 agricultural uses. She doesn't support this language.
48
49 The motion carried by the following vote:
50 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
51 Nays: Brenner (1)
52
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 8
1 Donovan moved to amend Comprehensive Plan page 8 -16 to create new Policy 8F-
2 4, "Balance the needs of agricultural water users with needs for instream uses."
3
4 The motion was seconded.
5
6 Sidhu asked if the County has the authority to balance the water uses. He
7 suggested a friendly amendment, "... instream uses through such processes as WRIA
8 participation."
9
10 Donovan accepted the friendly amendment.
11
12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
14 Nays: None (0)
15
16 Brenner moved to amend Comprehensive Plan page 8 -20, lines 33 -36, "Such
17 conversions include changing the use of forest land from commercial timber production to
18 incompatible residential, commercial, industrial, and agricultural land uses, or parks and
19 preserves that exclude intense forest production management." Forest management
20 includes production.
21
22 The motion was seconded.
23
24 Donovan asked the goal of that entire section.
25
26 Joshua Fleischman, Planning and Development Services Department, stated this
27 language is recommended by the Forestry Advisory Committee and speaks to the
28 reconveyance and how forest lands were removed from active management. One option is,
29 "... exclude intense forest .rnafiage t working forests."
30
31 Donovan stated the intent of this language seems to prevent anything like the
32 reconveyance from happening again. Fleischmann stated that is one of their concerns.
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6)
36 Nays: Browne (1)
37
38 Browne referenced Comprehensive Plan page 8 -8, Policy 8A -1 and moved to
39 restore and amend the language, "The Planning horizon should be twenty years in the short
40 term and 100 years in the long term." There needs to be a two -step vision for the short -
41 term and long -term.
42
43 Buchanan asked if there is a typical number of years they use for long -term
44 planning. Beringer stated there is not.
45
46 Brenner suggested a friendly amendment, "The Planning horizon should be twenty
47 years ifl the rn -arid flD -yew iii the lwig teffn."
48
49 Browne did not accept the friendly amendment. They must think beyond 20
50 years, which is a short time in terms of preserving agricultural land for food production.
51
52 Sidhu stated that land use policies have impacts beyond twenty years. They must
53 plan for 50 or 100 years in the future.
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 9
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The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne moved to amend 8A -2 to include a new bullet item, "Establishment of an
economically viable transfer of development rights program."
The motion was seconded.
Longman stated the Council made that change at its previous meeting.
Browne withdrew his motion.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:32 a.m.
The Council approved these minutes on April 19, 2016.
Dana - ,Brown♦ -D ,kii Cti anciL-tlerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Vyu an, WCouncil Chair
Special Committee of the Whole - 9:30 a.m., 3/22/2016, Page 10