HomeMy WebLinkAboutSpecial Committee of the Whole PM April 5 20161
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
April 5, 2016
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 3:40 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
Donovan, Rud Browne and Barry Buchanan.
Absent: None.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
DISCUSSION AND PRELIMINARY DIRECTION
11 DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
PLAN CHAPTER 2, LAND USE (AB2016 -047B)
Forrest Longman, Council Office, referenced the proposed Council changes beginning
on Council packet page 191.
Brenner referenced item one in the Proposed Council Changes to the
Comprehensive Plan for Chapter 2 on Council packet page 191 and moved to amend
Comprehensive Plan page 2 -8, Policy 2B -7, "Master Planned Resorts should only include
other residential uses within As their boundaries if residential uses are integrated into and
support the on -site recreational nature of the resorts...."
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 item two in the Proposed Council Changes to Comprehensive
Plan for Chapter 2 beginning on Council packet page 191 and moved to amend
Comprehensive Plan page 2 -10, Policy 2D -2, "Eliminate regulatiens that -edld —be more
effeetivefy- aeHev eu g-h�-efftimve er eduea -t4ofF-jqr rff-affis:" He's not invested in this
motion.
The motion was seconded.
Brenner stated she would rather that Councilmember Donovan withdraw the motion.
Special Committee of the Whole, 4/5/2016, Page 1
1 Donovan withdrew the motion.
2
3 Brenner referenced item three in the Proposed Council Changes to Comprehensive
4 Plan for Chapter 2 beginning on Council packet page 191 and moved to amend
5 Comprehensive Plan page 2 -11, Policy 2D -9, line 34 , "...or zone 6 (traffic pattern zone) as
6 shown eft in the Safety Compatibility Zone Examples..."
7
8 The motion was seconded.
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10 The motion carried by the following vote:
11 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
12 Nays: None (0)
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14 Brenner referenced item four in the Proposed Council Changes to Comprehensive
15 Plan for Chapter 2 beginning on Council packet page 191 and moved to amend
16 Comprehensive Plan page 2 -13, lines 32 -35, "Property rights are an important issue in
17 Whatcom County. neep!v want to use "Itei f-td as thee-wish Land can be used as desired
18 as long as it doesn't conflict with the rights of others. It is not necessary for the
19 preservation of property rights and protection of the environment and resources to conflict
20 with one another." She doesn't like references to an unspecific group of people.
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22 The motion was seconded.
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24 Browne stated it's a statement of the community's wish, not a statement of what
25 certain people wish.
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27 The motion carried by the following vote:
28 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
29 Nays: None (0)
30
31 Brenner referenced item five in the Proposed Council Changes to Comprehensive
32 Plan for Chapter 2 beginning on Council packet page 191 and moved to amend
33 Comprehensive Plan page 2 -14, Policy 21-1-2, "Establish programs such as cluster density
34 bonuses in urban growth areas, purchase of development rights and transfers of
35 development rights, where appropriate, to compensate property owners when rights are
36 unduly infringed upon."
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38 The motion was seconded.
39
40 Browne suggested a friendly amendment "...when if rights are unduly infringed...."
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42 Brenner accepted the friendly amendment.
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44 Mann stated they don't unduly infringe on rights at all. He'll support the motion, but
45 they should remove the entire policy. They could incentivize property owners.
46
47 Brenner stated it should be voluntary, not required. They could add language,
48 "Establish incentive programs such as cluster density bonuses in urban growth areas,
49 purchase of development rights and transfers of development rights where appropriate; to
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52 Browne stated it may be appropriate to leave the rest of the sentence. This
53 language is in a section about property rights.
Special Committee of the Whole, 4/5/2016, Page 2
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2 Brenner withdrew her motion.
3
4 Browne moved to amend Comprehensive Plan page 2 -14, Policy 21-1-2, "Establish
5 incentive programs such as cluster density bonuses in urban growth areas, purchase of
6 development rights and transfers of development rights, where appropriate, to compensate
7 property owners when if rights are unduly infringed upen."
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 Brenner moved to amend Comprehensive Plan page 2 -14, Policy 21-1-2, "Establish
16 incentive programs such as cluster density bonuses in urban growth areas, purchase of
17 development rights and voluntary workable transfer of development rights, where
18 appropriate, to compensate property owners if rights are unduly infringed ripen."
19
20 The motion was seconded.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Sidhu, Browne, and Donovan (4)
24 Nays: Weimer, Mann, and Buchanan (3)
25
26 Brenner referenced item six in the Proposed Council Changes to Comprehensive
27 Plan for Chapter 2 beginning on Council packet page 191 and moved to amend
28 Comprehensive Plan page 2 -15, Policy 2K -3, "Prohibit expansion of urban growth areas into
29 floodplains, except where allowed under the GMA, and consider danger to individuals related
30 to flooding when designating land use on etheF areas." She asked why they are considering
31 things in other areas.
32
33 Matt Aamot, Planning and Development Services Department, stated it distinguishes
34 between urban growth areas. The GMA says they can't expand a UGA into the flood plain
35 unless certain criteria are met. It also considers danger in other areas.
36
37 Brenner asked if they have to consider danger to areas related to flooding when
38 designating land use. Aamot stated the GMA specifically addresses the urban growth areas.
39 A new provision was added to the GMA in the last several years that prohibits the expansion
40 of urban growth areas into flood plains unless specific criteria are met. Either way would be
41 fine.
42
43 Brenner withdrew the motion. She referenced item seven in the Proposed Council
44 Changes to Comprehensive Plan for Chapter 2 beginning on Council packet page 191 and
45 moved to amend Comprehensive Plan page 2 -15, lines 28 -30, "Not all parts of Whatcom
46 County have the same available resources and land use options. A one - size - fits -all approach
47 to comprehensive planning ffhaty does not adequately serve the needs of different regions of
48 the county." Not all parts of Whatcom County have the same available resources and land
49 use options. Don't create a one - size - fits -all policy. The motion was not seconded.
50
51 Weimer referenced item eight in the Proposed Council Changes to Comprehensive
52 Plan for Chapter 2 beginning on Council packet page 191 and moved to amend
Special Committee of the Whole, 4/5/2016, Page 3
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Comprehensive Plan page 2 -18, Goal 2M, "Protect and encourage restoration of habitat for
fish and wildlife populations including adequate in- stream flows."
The motion was seconded.
Brenner asked if they are supposed to protect and encourage restoration anyway.
Aamot stated the County is involved in water planning to address instream flow.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Weimer referenced item nine in the Proposed Council Changes to Comprehensive
Plan for Chapter 2 beginning on Council packet page 191 and moved to create a new
policy, "2M -7: Engage in efforts to better define ground water resources and connection to
surface water, current water usage, water rights, adequate in- stream flows, and policy
barriers that create conflicts between these things."
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 items 10a, 10b, and 11 in the Proposed Council Changes to
Comprehensive Plan for Chapter 2 beginning on Council packet page 191 and stated these
could be considered part of the proposed multijurisdictional planning effort.
Brenner stated these items change the densities to which the jurisdictions have
agreed.
Browne stated it encourages the jurisdictions to change the density.
Weimer stated item 11 needs an interjurisdictional discussion. He asked if the
density changes in items 10a and 10b change the capacity analysis.
Gary Davis, Planning and Development Services Department, stated that if these are
meant to be the overall density average, they will have to reconsider and look at the
assumptions of each individual UGA land capacity analysis to make sure the average ends
up to be six. It may be necessary to change some densities in the assumptions to come up
with the correct average.
Aamot stated they've tried to work collaboratively with the cities. A question is
whether a change in the density here would create internal inconsistency with the
development regulations. It's something to think about.
Brenner stated the interjurisdictional group should consider these changes before the
Council approves such a motion.
Sidhu stated he prefers to increase the density, but don't arbitrarily create a conflict.
Aamot stated staff has been trying to work collaboratively with the cities on these
questions. Mr. Personius proposes that they defer consideration until after the work group
finishes its work.
Special Committee of the Whole, 4/5/2016, Page 4
Weimer stated the work group won't be done until after the Council adopts the
Comprehensive Plan update in June. Delay this question to find out whether the cities are
already meeting these densities or are feasible. He's fine putting off this motion, but
discuss it again before June.
Aamot stated he can bring it up at the next City /County Planner meeting.
Buchanan stated they will table this until it comes back.
The Committee concurred.
Brenner referenced item 12 in the Proposed Council Changes to Comprehensive
Plan for Chapter 2 beginning on Council packet page 191 and moved to amend
Comprehensive Plan page 2 -25, Policy 2Q -5, "Encourage and assist the citizens of Birch Bay
and Columbia Valley Urban Growth Areas with the recluifernent5 to inceFperate incorporation
when appropriate."
The motion was seconded.
Browne stated they don't talk about Sudden Valley, which has been taken out of this
whole section because it's not in a UGA. He asked if that's the correct thing to do.
Brenner stated policies shouldn't encourage growth at Sudden Valley.
Aamot stated that State law requires that an area must be an urban growth area to
incorporate.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Donovan referenced item 13 in the Proposed Council Changes to Comprehensive Plan
for Chapter 2 beginning on Council packet page 191 and asked the reason for the original
change and why they want to get rid of the language. Davis stated this relates to items 29a
and 29b regarding growth monitoring for nonurban areas. Staff is trying to make the two
monitoring policies consistent and consolidated into one process. They are inconsistent
because Policy 2S -5, which covers urban areas, says they will monitor land capacity and
compare it to growth allocations. Policy 2DD -1, which is the nonurban areas, says they will
compare estimated growth with the growth allocation, which seems to make a little more
sense. Comparing land capacity with growth allocation compares acreage with population
numbers. That requires a new land capacity analysis all over again. They don't do that
annually. This land capacity analysis started in 2012. It's a very involved process. Cities
don't have staff to do an annual land capacity analysis. Staff proposes making the urban
and nonurban monitoring policies consistent by comparing the estimated population growth.
They have those annual numbers for urban areas from the Office of Financial Management
(OFM).
Another inconsistency is that Policy 2S -5 says they will look at the growth trend over
several years to determine whether they need to take action. Policy 2DD -1 implies they will
do an annual review to determine whether they need to take action. If there is one year
when the estimated growth is a little higher, the question is whether the County must take
action that year even though there is no real trend. In nonurban areas for the past eight
Special Committee of the Whole, 4/5/2016, Page 5
1 years, the annual estimated growth was under the allocation, except for 2009. Make the
2 urban and nonurban language consistent to look at the trend over several years. The term
3 "over several years" may be vague, and they can come up with a certain timeframe.
4
5 Sidhu stated specify five years. Davis stated he agrees.
6
7 Sidhu moved to amend Policy 2S -5, "...trends over t-irne five years in comparison
8 with ... seveFal five years...."
9
10 The motion was seconded.
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 Donovan asked how the maps get updated. Aamot stated the Yew Street area is
17 already an urban reserve. Caitac is not at this time. It is rural. The Council took a
18 preliminary vote to not add it to the urban growth area. There was no further motion.
19
20 Longman referenced Council packet page 189 and the proposed language from
21 Bellingham on their UGA.
22
23 Donovan moved to approve the language on Council packet page 189 regarding the
24 Bellingham Urban Area on Comprehensive Plan page 2 -102, "The south Yew St. and the
25 south Caitac areas have been designated as Urban Growth Area Reserves. Prior to re-
26 designating the south Yew St. area to UGA, need for additional land capacity must be
27 demonstrated, planning for adequate public facilities and services must be completed, and
28 potential impacts on Lake Padden water quality must be addressed. Prior to re- designating
29 the south Caitac area to UGA, need for additional land capacity must be demonstrated and
30 planning for adequate public facilities and services must be completed. Fleet-e -aFe- rata•- ,a•r-e
31 pfalpes-ed C—yth Area Reserve adjacent to th eHj-noam--�R Growth Area."
32
33 The motion was seconded.
34
35 Browne stated the applicant for the South Yew Street UGA reserve has consistently
36 made an appeal for the area to be included in the UGA. He told the applicant he must
37 resolve his conflict with the City of Bellingham and get their support, rather than asking the
38 County to impose it upon the City of Bellingham.
39
40 The motion carried by the following vote:
41 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
42 Nays: None (0)
43
44 Weimer referenced item 14 in the Proposed Council Changes to Comprehensive Plan
45 for Chapter 2 beginning on Council packet page 191 and moved to amend Comprehensive
46 Plan page 2 -35, the Bellingham UGA Map, to show South Caitac and South Yew Street as
47 UGA Reserve.
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, 4/5/2016, Page 6
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Weimer stated he would withdraw proposed items 15 through 23 in the Proposed
Council Changes to Comprehensive Land for Chapter 2 beginning on Council packet page
191.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:30 p.m.
The, gourvciiapproved these minutes on May 3, 2016.
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Dana Brown.,R s�cE6kincillrlerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Special Committee of the Whole, 4/5/2016, Page 7