HomeMy WebLinkAboutSpecial Committee of the Whole AM March 8 20161 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 March 8, 2016
5
6 CALL TO ORDER
7
8 Council Chair Barry Buchanan called the meeting to order at 10:30 a.m. in the
9 Council Chambers, 311 Grand Avenue, Bellingham, Washington.
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12 ROLL CALL
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14 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
15 Donovan, Rud Browne and Barry Buchanan.
16 Absent: None.
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19 COMMITTEE DISCUSSION
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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 Legislative Analyst, described the process for making
25 amendments. He referenced the proposed amendments, beginning on Council packet page
26 42.
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28 Browne moved to amend page 8 -1; lines 4 -9, The growth and harvest of farm
29 products, re- generation and harvesting of timber, use of aquatic lands for shellfish harvest,
30 and excavation of minerals all shape Whatcom County's landscape and strongly influence
31 the economy. Resource lands, which include agriculture, forestry, aquatic resource lands
32 and mineral resource lands, also largely represent Whatcom County's cultural heritage.
33 These natural resource activities have been major industries since European settlement
34 began in the area, and the use of aquatic lands by our indigenous citizens far predates
35 European settlement."
36
37 And to amend page 8 -1; lines 12 -14, "This chapter is divided into four thFee
38 sections: Agricultural Lands, Forest Resource Lands, Aquatic Resource Lands, and Mineral
39 Resources."
40
41 And to amend page 8 -2; lines 7 -8, "The Agricultural Lands, Forest Resource Lands,
42 Aquatic Resource Lands, and Mineral Resources sections of this chapter address Goal 8 of
43 the GMA, which reads:..."
44
45 The motion was seconded
46
47 The motion carried by the following vote:
48 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
49 Nays: None (0)
50
51 Brenner moved to amend page 8 -2; line 21 -30, "Identifying and designating
52 productive resource lands also helps implement the County -Wide Planning Policies that state
53 that Whatcom County shall "become a government of rural areas in land use matters
Special Committee of the Whole - A.M., 3/8/2016, Page 1
1 directed towards agriculture, forestry, mineral resources, fisheries industries, and other
2 natural resources." [CWPP B(1)]. In addition, land use policies that encourage best
3 management practices are included within this chapter to support the County -Wide Planning
4 Policies regarding economic development:
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6 As part of a broad based economy, productive timber, agriculture, mineral
7 and fisheries industries should be maintained in a sustainable manner. (CWPP
8 I -9)"
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10 The motion was seconded.
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12 Weimer asked about changing quotes from other documents and if they have to
13 change the source documents.
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15 Karin Baringer, Planning and Development Services Department, stated the source
16 document of the quote is the countywide planning policies, which have already been
17 adopted.
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19 Brenner stated they should still be able to match what they are doing.
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21 Mann withdrew his second of the motion. He didn't notice that the motion was
22 regarding a quote from another document.
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24 Mark Personius, Planning and Development Services Department, stated staff can
25 work on changing the language.
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27 Buchanan stated Councilmember Brenner can work with staff on the language of that
28 section and bring it back later.
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30 The motion was not seconded.
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32 Browne moved to amend page 8 -3; lines 45 -46, "Those lands designated as
33 Agriculture in the comprehensive plan are 9designated as Agricultural Lands of Long -Term
34 Commercial Significance as defined by GMA:..."
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36 The motion was seconded.
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38 The motion carried by the following vote:
39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
40 Nays: None (0)
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42 Mann moved to amend page 8 -4; lines 44 -45, "Conserving productive agricultural
43 lands in rural areas,— without infringing on private property rights, is a primary objective of
44 the APO."
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46 The motion was seconded.
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48 Brenner stated she is against the motion. When it comes to private property rights,
49 they always have the option to pay people for those rights. Not including the language
50 makes it sound like they aren't trying to balance the consideration. It's in the Constitution.
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52 Browne stated he supports the motion because the issue is covered by the
53 Constitution, and that is the governing document for anything they do.
Special Committee of the Whole - A.M., 3/8/2016, Page 2
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2 Weimer stated there is much language throughout the Plan about protecting property
3 rights. He removed it from this section because it's not the primary objective of the
4 agricultural protection overlay, which is to conserve productive agricultural lands.
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6 Brenner stated they must have the support of those who have the productive
7 agricultural land. They must acknowledge that.
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9 The motion carried by the following vote:
10 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
11 Nays: Brenner (1)
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13 Mann moved to amend page 8 -8; Policy 8A -1, "Conserve productive agricultural
14 lands and agricultural resource lands, including areas with prime soils that are not now
15 zoned agriculture, or where the area is composed of agricultural operations that have
16 historically been and continue to be economically viable, by developing and implementing a
17 long range strategy. This includes a workable Transfer of Development Rights Program
18 (TDR).
19 A TDR program should reward property owners for sending development rights
20 from agricultural areas (Ag Zones and Ag Study areas)."
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22 The motion was seconded.
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24 Donovan stated the program should be maintained in the Comprehensive Plan, but
25 what he suggested was transfer of development rights, and they have a purchase of
26 development rights (PDR) program. He asked if they want to include both. Longman stated
27 there is a proposal in the following policy to address transfers of development rights.
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29 Brenner suggested a friendly amendment to include a workable transfer of
30 development rights program.
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32 Mann accepted the friendly amendment.
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34 Weimer asked if the transfer of development rights language needs to be in both this
35 section and also in Policy 8A -2.
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37 Mann withdrew his motion. He agrees with Councilmember Brenner that a TDR
38 program should be workable.
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40 Donovan moved to amend page 8 -8; Policy 8A -2, "Maintain a working agricultural
41 land base sufficient to support a viable local agricultural industry by considering the impacts
42 to farmers and agricultural lands as part of the legislative decision making process.
43 Measures that can be taken to support working farms and maintain the agricultural land
44 base may include:...
45
46 A workable transfer of development rights program in which the development
47 potential of a site could be transferred to another location where development is
48 more favorable"
49
50 The motion was seconded.
51
Special Committee of the Whole - A.M., 3/8/2016, Page 3
1 Browne stated the problem with any transfer of development rights program is a
2 lack of receiving areas. He moved to amend the motion to require the creation of
3 economically viable receiving areas. It can be another bullet point below this item.
4
5 Donovan accepted the motion as a friendly amendment. It essentially defines
6 "workable."
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8 Sidhu asked how to define "workable." They must define it. The term "workable"
9 must refer to the receiving areas by definition. There must be receiving areas for the
10 transfer of development rights, which don't exist right now.
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12 Donovan stated there can be an additional bullet point that says, "A workable
13 program would include economically viable receiving areas."
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15 Buchanan restated the motion to amend page 8 -8; Policy 8A -2, "Maintain a working
16 agricultural land base sufficient to support a viable local agricultural industry by considering
17 the impacts to farmers and agricultural lands as part of the legislative decision making
18 process. Measures that can be taken to support working farms and maintain the agricultural
19 land base may include:...
20
21 A workable transfer of development rights program in which the development
22 potential of a site could be transferred to another location where development is
23 more favorable"
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
27 Nays: None (0)
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29 Browne moved to add a bullet point under the above new section in Policy 8A -2,
30 "The TDR program shall give priority to the creation of economically viable receiving areas."
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32 The motion was seconded.
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34 Brenner suggested a friendly amendment, "The workable TDR program...."
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36 Browne accepted the friendly amendment.
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38 The motion carried by the following vote:
39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
40 Nays: None (0)
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42 Donovan moved to amend page 8 -8; Policy 8A -2, "Maintain a working agricultural
43 land base sufficient to support a viable local agricultural industry by considering the impacts
44 to farmers and agricultural lands as part of the legislative decision making process.
45 Measures that can be taken to support working farms and maintain the agricultural land
46 base should ° include:...
47
48 The motion as seconded.
49
50 Brenner stated the word "should" is already inferred by the previous sentence. She
51 is opposed to the motion.
52
53 Browne stated he prefers legal clarity and supports the motion.
Special Committee of the Whole - A.M., 3/8/2016, Page 4
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2 The motion carried by the following vote:
3 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
4 Nays: Brenner (1)
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6 Donovan moved to add the first bullet point in Policy 8A -2:
7 Maintenance of a sufficient quantity of agricultural land to support a healthy
8 agricultural industry.
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10 Weimer stated the language in this bullet point is almost exactly the same as the
11 first sentence in the policy.
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13 Donovan stated he wants to restore language about the quantity of agricultural land.
14 The first sentence of the policy doesn't address the quantity of agricultural land.
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16 Sidhu stated the first sentence of the policy should say, "Maintain and expand a
17 working agricultural land base...." There is no mechanism to make up for lost agricultural
18 land that is absorbed by an urban growth area (UGA).
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20 The motion was seconded.
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22 Weimer suggested a friendly amendment, "Maintenance of a staff' '
23 minimum of 100,000 acres of agricultural land...." That might address the concerns of both
24 Councilmembers Donovan and Sidhu.
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26 Donovan accepted the friendly amendment.
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 The committee discussed a proposed amendment to add the third bullet point in the
33 Policy 8A -2, "Developing a system so any proposed conversion to residential uses of zoned
34 agricultural lands, prime soils, or rural lands used for agriculture, are required to participate
35 in the PDR or TDR programs for every development right being created."
36
37 Browne moved to add a fourth bullet point to Policy 8A -2:
38
39 Developing a marketplace approach to strengthening agricultural practices while
40 enhancing larger -scale watershed processes and functions by identifying feasible
41 opportunities on agricultural land to improve both watershed health and
42 agricultural viability and developing incentives and tools to compensate farmers
43 for actions that exceed minimum regulatory standards.
44
45 The motion was seconded.
46
47 Browne stated this reinforces the County's commitment to respect property rights.
48
49 Sidhu asked the reason for the proposed language.
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51 Weimer stated this language was in the original version of the Plan, and the Planning
52 Commission removed it. They've spent a significant amount of money through Farm
Special Committee of the Whole - A.M., 3/8/2016, Page 5
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Friends and others to develop this marketplace. After spending all that money, he didn't
want it to be removed from the policy.
Sidhu stated a lot of viable agricultural land is flooded or doesn't drain. Make an
effort to create viable agricultural land by preventing certain areas from regular flooding or
by increasing drainage.
Browne stated they must be cautious of the U.S. Department of Agriculture (USDA)
and Farm Service Agency rules in terms of improving drainage, which are strict regarding
wetlands.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Mann moved to approve to add a fifth bullet point to Policy 8A -2:
• Give agricultural uses and owners of parcels zoned for agriculture priority in land
use and nuisance conflicts with residents of adjacent properties and adjacent
property owners.
The motion was seconded,
Brenner suggested a friendly amendment, "Give priority to agricultural uses and
owners of parcels zoned for agriculture pFierity in land use and nuisance conflicts with
residents of adjacent properties and adjacent property owners."
Mann accepted the friendly amendment.
Weimer stated put this language in goal 8D under Right to Farm section.
Mann amended his motion to put the language in Policy 8D -2, "Maintain the Right
to Farm ordinance. Give priority to agricultural uses and owners of parcels zoned for
agriculture in land use and nuisance conflicts with residents of adjacent properties and
adjacent property owners."
The amended motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Weimer moved to add a sixth bullet point to Policy 8A -2:
• MAig- atio -n -fa dot agnE:- dltural lands, ineluding cars Track acres lost
due to conversion, development or policy implementation such as critical areas
ordinance, so mitigation strategies can be implemented to offset the acres lost
ete. "
The motion was seconded.
Sidhu asked what staff thinks of tracking.
Special Committee of the Whole - A.M., 3/8/2016, Page 6
Beringer stated staff supports it. It is a task in the agricultural strategic plan. They
did the first land cover analysis in 2013. This Spring, they will do it again with new aerial
photos to start this tracking process. It's a good idea to see how the industry changes over
time.
Brenner suggested a friendly amendment, "Mitigation for loss of productive
agricultural lands, including tracking acres lost to conversion, development, or policy
implementation so mitigation strategies can be implemented to offset the acres lost." Make
sure there is a strong comment that strategies can be implemented. Include the wording
about mitigation.
Weimer did not accept the friendly amendment. They don't yet know what the
mitigation strategies are.
Brenner stated that's the problem. They must say they will do the strategies.
Browne stated the whole document needs work, because there is a finite amount of
land. Everyone wants mitigation strategies when natural resource land is removed from the
land base. He doesn't know where to get more natural resource lands. They can't make it.
In reality, they have to have a priority system and overall plan. It's a major issue missing
from the entire Comprehensive Plan. He'd rather engage in a detailed and thoughtful
process about how to make priorities for competing land uses rather than just add a couple
of paragraphs. He supports Councilmember Weimer's motion.
Sidhu stated wait on this motion until the agricultural committee makes a ruling.
Weimer stated it's not necessary.
Brenner moved to table the motion until they have a better understanding that
mitigation will be done.
The motion to table was not seconded.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: Brenner (1)
Buchanan stated discussion of this item may continue at the Special Committee of
the Whole meeting scheduled this afternoon.
Longman stated discussion of this chapter is also scheduled again in two weeks.
The committee discussed when it is appropriate for the public to speak to each
Comprehensive Plan chapter.
Linda Twitchell stated define "rural lands used for agriculture." Drop that language
in policy 8A -2.
Carol Perry stated citizens came today to speak. Don't rush the process.
Steve Cowden stated don't remove the ability to do mineral extraction from river bar
harvesting in Policy 8Q -6. Leave in the language that allows people to at least apply for the
ability to do mineral extraction.
Special Committee of the Whole - A.M., 3/8/2016, Page 7
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Art Anderson stated leave the ability to do river bar scalping in the language of Policy
8Q -6. Don't remove that language.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:40 a.m.
Thg,ggj f} )l approved these minutes on April
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Allis .• '``. / rrr!
•
Ina Broyri'- DatiACbunct Clerk
. .
Jill Nixon, Minutes Transcription
19, 2016.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Special Committee of the Whole - A.M., 3/8/2016, Page 8