HomeMy WebLinkAboutSpecial Committee of the Whole PM March 22 20161 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3 March 22, 2016
4
5 CALL TO ORDER
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7 Council Chair Barry Buchanan called the meeting to order at 4:05 in the Council
8 Conference Room, 311 Grand Avenue, Bellingham, Washington.
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10 ROLL CALL
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12 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
13 Donovan, Rud Browne and Barry Buchanan.
14 Absent: None.
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16 COMMITTEE DISCUSSION — EXECUTIVE SESSION 'COUNCIL CONFERENCE ROOM)
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18 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES
19 REGARDING POTENTIAL LITIGATION, GPT PERMIT PROCESS (AB2016 -018)
20 Attorney Present: Karen Frakes
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22 Buchanan stated that discussion of agenda item one may take place in executive
23 session pursuant to RCW42.30.110(1)(i). Executive session will conclude no later than 4:20
24 p.m. If the executive session discussion extends beyond the stated conclusion time, he will
25 step out of the meeting to make a public announcement.
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27 Browne moved to go into executive session until no later than 4:20 p.m. to discuss
28 the agenda items pursuant to RCW citations as announced by the Council Chair. The
29 motion was seconded.
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31 The motion carried by the following vote:
32 Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7)
33 Nays: None (0)
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35 Buchanan announced at 4:20 p.m. that the executive session is extended to 4:30
36 p.m.
37
38 (Clerk's Note: The Committee came out of executive session at 4 :30 p.m., and the
39 meeting resumed in the Council Chambers.)
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41 PUBLIC COMMENT - 15 MINUTES (COUNCIL CHAMBERS),
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43 The following people spoke:
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45 Linda Twitchell referenced proposed change item 17 and stated don't eliminate the
46 language in Policy 2DD -2. She referenced proposed change item 15, new policy 2A -14, and
47 stated this proposal ensures that UGA expansions function with density reductions in rural
48 sending areas through required participation in either a transfer of development right (TDR)
49 or purchase of development right (PDR). If expanding an urban growth area (UGA), they
50 would have to reduce density in a rural area. The Growth Management Act clearly opposes
51 sprawl but does not oppose or limit growth. She referenced item 45, policy 2DD -1 and
52 stated the County shall take action to make sure growth in unincorporated areas isn't
53 inconsistent with adopted projections by limiting growth. If they have to do that with
Special Committee of the Whole - P.M., 3/22/2016, Page 1
unincorporated areas, they should do that with all the cities. All areas must be required to
meet their growth projections.
Larry Brown, Sudden Valley Community Association Board, stated there is a lack of
attention to the needs of Sudden Valley's access to services, jobs, and road safety. They
will reach out to the Council and community about those concerns and needs.
Darcy Jones, Jones Engineers, stated he sent a letter last week that included his
concerns and comments. Caitac USA is open to discussion, but must be in the urban growth
area (UGA) to begin those discussions.
Bob Carmichael stated a number of proposed Council changes link UGA expansion
with required purchase of TDRs or PDRs. As the Lynden City Attorney, he is concerned
about this link. Lynden is committed to preserving agricultural land. There isn't a concern
with purchasing development rights for agricultural lands. Having it expanded to rural lands
as a requirement everywhere in the county may not be legal. The County is required to size
the UGAs according to the requirements of the GMA to accommodate the 20 year population
projection. There are criteria in the GMA for where they put urban growth. Requiring the
transfer of development rights to expand the UGA means the County may not meet its
obligation if no one transfers the development rights. He referenced Council proposed
amendment item 14 regarding Policy 2A -7 and stated he cautions that the County may be
put in the position of deciding what is a legal water right and who has legal water rights.
The City of Lynden has legal water rights, contrary to what some people allege. It has an
agreement with the Department of Ecology in which everyone has agreed to work toward
solutions. He asks who will decide who has the legal water rights.
Max Perry submitted a handout for Jack Petree (on file).
Wendy Harris stated the land use chapter doesn't adequately reflect current
conditions. They will face increasing growth. The land's ability to hold people and
development while remaining healthy is limited. It's not appropriate to plan growth in
Lynden when there are no water rights. There is a memorandum of understanding (MOU)
with the Department of Ecology, but it hasn't resulted in any creation of water rights. Only
the State creates water rights. The County must not allow growth if there is no water. The
big concern in Birch Bay is wells. She is concerned about ownership of the mineral and oil
rights under her private property in Birch Bay. She is also concerned about climate change
and poor air quality, which is not addressed at all. Air quality problems with wood smoke
and traffic continue to increase. Whatcom County has the worst air quality in the state, and
it's predicted to worsen.
COMMITTEE DISCUSSION AND PRELIMINARY DIRECTION (COUNCIL CHAMBERS)_
1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
PLAN CHAPTER 2, LAND USE (AB2016 -047B)
Matt Aamot, Planning and Development Services Department, referenced Council
packet page 417 and stated the information is in response to Council questions about gas
wells in the area. There are no documented gas wells within the urban growth area reserve.
If necessary, conditions can be put on the permit to cap the well. The State Department of
Natural Resources (DNR) is not actively pursuing the property owners to cap the wells.
Donovan asked about a certain area that is wet in a rural area. Aamot stated there
is quite a bit of area in wetlands and floodplain in the urban growth area reserve that is
Special Committee of the Whole - P.M., 3/22/2016, Page 2
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zoned rural, one unit per ten acres. The proposal is to keep it at that density. The Growth
Management Act allows open space within urban growth areas. The area to the south is
recommended for six dwelling units per acre. The area to the east is recommended at a
density of four units per acre. He indicated the area on a map.
He would like to know if the Council has any more questions or concerns and if it
changes the preliminary recommendation. He asked if the Council is affirming its previous
direction for this area being in the urban growth area (UGA) or if it wants further discussion
later.
The Counci/ concurred it would like further discussion later.
Aamot stated the proposal is to put the acreage in the UGA, but not increase the
density, which is okay since the area is mostly flood plain and wetlands. The Growth
Management Act (GMA) allows for open areas within cities and UGAs. That is the staff's
proposal.
Mann moved to affirm the Council's prior recommendation for the Birch Bay Urban
Growth Area proposal.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:00 p.m.
Th(Z. ciopproved these minutes on April 19, 2016.
ATTEST ' �� �1-= p "•r��. � WHATCOM COUNTY COUNCIL
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Dana Brawn -Uaul� ' &Wneil Clerk rry ianA, Council Chair
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Jill Nixon, Minutes Transcription
Special Committee of the Whole - P.M., 3/22/2016, Page 3