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HomeMy WebLinkAboutSpecial Committee of the Whole PM April 19 2016WHATCOM COUNTY COUNCIL Special Committee of the Whole April 19, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:40 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. COMPREHENSIVE PLAN CHAPTER 7 1. BRIEFING AND DISCUSSION ON COMPREHENSIVE PLAN CHAPTER 7, ECONOMICS (AB2016 -047G) Matt Aamot, Planning and Development Services Department, submitted and read from a presentation (on file) and gave a staff report. He answered questions on unemployment statistics that refer to people who are actively looking for jobs, calculating for the higher population rate of retired and students, John Michener, Port of Bellingham, reported on the background, purpose, and function of the associate development organization (ADO) and answered questions about apprenticeship programs at Bellingham Technical College (BTC). Browne stated he would like to receive the Port's quarterly reports to the Department of Commerce and information on the Port's outreach activities and their results. Aamot continued the presentation beginning with Policy 7C -6 and answered questions about the information on employment by industry. Brenner stated include a larger square footage for grocery stores in the Foothills area. Sidhu stated information on the agriculture sector should be divided to show how many jobs the agriculture sector provides and what is their impact. The technology industry should also be tracked so they know how many technology jobs are created, since they will have a big economic impact in the future. Last, identify education versus non - education government employment. Browne stated define which industries need improvement. Specify areas that have a competitive advantage that should be improving every year. Divide the resources section into agriculture, timber, and fishing. Also include the recreation industry and technology manufacturing. Regarding the policy about grocery stores in Policy 7K -10, ask existing grocery stores about the economically - viable size footprint. Special Committee of the Whole - P.M., 4/19/2016, Page 1 1 2 Mann stated include the tourism industry in addition to the recreation industry. He 3 asked if there is any mention about planning for job training in terms of retraining workers 4 for another industry. Michener stated job training through a community college is 5 something they can plan for when looking forward into the future. 6 7 Mann stated make sure there is a way to retrain folks who need it. Turnover in 8 existing industries happens rapidly. Michener stated the Northwest Workforce Council is a 9 regional agency located in Bellingham that is on top of training and retraining issues. 10 11 Aamot referenced Comprehensive Plan page 7 -23, Policy 7J -3, which addresses 12 retraining displaced workers. 13 14 15 COMPREHENSIVE PLAN CHAPTER 6 16 17 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON 18 WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTER 6, TRANSPORTATION 19 (AB2016 -047F) 20 21 Beth Walukas Louis, Protect Lummi Island Community (PLIC), submitted and read 22 from a handout (on file) and stated she supports the recommendations from the Lummi 23 Island Ferry Advisory Committee ( LIFAC) for changes to the chapter. Three areas of 24 concern include keeping the concurrency requirement, the ferry plan, and allowing LIFAC 25 time to develop a level of service and a plan for replacing the ferry. 26 27 2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 28 PLAN CHAPTER 6, TRANSPORTATION (AB2016 -047F) 29 30 Brenner referenced item one in Proposed Council Changes to Comprehensive Plan 31 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 32 page 6 -2, lines 29 -32, "This chapter supports County -Wide Planning Policies by encouraging 33 alternative modes of transportation through goals; and: Dolicies; -aed-- aetiens. It includes 34 policies on demand management strategies and considers inter - county and international 35 transportation links." Action items will not be in the Comprehensive Plan. They will be in 36 the countywide planning policies. 37 38 The motion was seconded. 39 40 Gary Davis, Planning and Development Services Department, stated the action items 41 at the end of each chapter were revised to become policies or were removed because they 42 were already accomplished. Staff agrees with the motion. 43 44 The motion carried by the following vote: 45 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 46 Nays: None (0) 47 48 Brenner referenced item two in Proposed Council Changes to Comprehensive Plan 49 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 50 page 6 -4, lines 16 -20, "The Port of Bellingham owns and operates three seaport facilities 51 within the city of Bellingham, (Bellingham Shipping Terminal, Squalicum Harbor, and 52 Bellingham Cruise Terminal) and one in the city of Blaine (Blaine Harbor). The Bellingham Special Committee of the Whole - P.M., 4/19/2016, Page 2 1 Cruise Terminal acts as the southern terminus of the Alaska sState €Ferry sSystem and host 2 to private cruise vendors." 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 Brenner referenced item three in Proposed Council Changes to Comprehensive Plan 11 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 12 page 6 -4, lines 34 -36, "Privately owned and operated airports exist in Whatcom County, 13 including Point Roberts (Point Roberts Airpark), a+-fd on Lake Whatcom (Floathaven SPB), 14 near Custer (Meadow Mist), and Eliza Island." 15 16 The motion was seconded. 17 18 The motion carried by the following vote: 19 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 20 Nays: None (0) 21 22 Brenner referenced item four in Proposed Council Changes to Comprehensive Plan 23 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 24 page 6 -5, lines 4 -6, "The transit system includes transit stations in Bellingham, Ferndale, 25 and Lynden, three of which include park and ride lots. Currently there are a total of nine 26 park and ride lots in Whatcom County." 27 28 The motion was seconded. 29 30 The motion carried by the following vote: 31 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 32 Nays: None (0) 33 34 Brenner referenced item five in Proposed Council Changes to Comprehensive Plan 35 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 36 page 6 -7, lines 16 -22, "GMA also requires... For modes of transportation other than motor 37 vehicles, arpd transit, and the Lummi Island ferry, Whatcom County does not establish levels 38 of service based on volumes, but instead focuses on the quality of service through planning 39 and design (see Goals 6D and 6E below)." 40 41 The motion was seconded. 42 43 Weimer stated the Growth Management Act (GMA) doesn't require them to develop a 44 level of service for the ferry. 45 46 Forrest Longman, Council Office, stated the Lummi Island Ferry Advisory Committee 47 suggested alternative language to address this issue. 48 49 Brenner amended and restated the motion to amend page 6 -6, lines 19 -22, for 50 Level of Service -Motor Vehicles, "In addition it is appropriate to include concurrency for the 51 county -owned ferry service. (See Policy 6A -1 and Map 6 -2)." 52 53 The motion was seconded. Special Committee of the Whole - P.M., 4/19/2016, Page 3 1 2 The motion carried by the following vote: 3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 4 Nays: None (0) 5 6 Brenner referenced item six in Proposed Council Changes to Comprehensive Plan 7 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 8 page 6 -7, line 19, as recommended by the LIFAC, "For modes of transportation other than 9 motor vehicles, ate transit, and ferry,..." 10 11 The motion was seconded. 12 13 The motion carried by the following vote: 14 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 15 Nays: None (0) 16 17 Brenner referenced item seven in Proposed Council Changes to Comprehensive Plan 18 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 19 page 6 -9, Policy 6A -1, "Establish the following levels of service (LOS) for purposes of 20 maintaining transportation concurrency: 21 Ferry LOS standard is currently 513 ferry passenger trips annually per capita 22 Lummi Island population. Note: The Lummi Island Ferry Advisory Committee 23 (LIFAC) is cooperating with Public Works to develop an updated LOS 24 standard. LIFAC will present a revision to this section when that work is 25 complete." 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 Brenner referenced item eiaht in Proposed Council Chances to Comprehensive Plan 34 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 35 page 6 -11, line 3 -6, "For the roadways classified as arterials, and ferries providing sole 36 public transportation to Lummi Island, the GMA requires the County to prohibit development 37 approval — or assure needed improvements concurrent with development -- if the 38 development causes the level of service to fall below adopted standards." 39 40 The motion was seconded. 41 42 Davis stated the committee asked that it be removed, because it refers to GMA 43 requirements, and the GMA doesn't require it. 44 45 Brenner withdrew her motion. 46 47 Browne referenced items nine, ten, and 14 in Proposed Council Changes to 48 Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to: 49 Amend Comprehensive Plan page 6 -12, lines 9 -12, "The segments where County - 50 owned roadways classified as arterials fall below the adopted LOS standards in 2036 51 are Hannegan Road between Van Wyck Road and Kelly Road (1.01 mile), and 52 Lakeway Drive between the Bellingham eCity +Limits and Terrace Avenue (0.63 53 mile)." Special Committee of the Whole - P.M., 4/19/2016, Page 4 Amend Comprehensive Plan page 6 -12, lines 38 -40, "Accordingly, in deciding how best to use its finite resources, the County must prioritize among many competing items, including new projects as well as preservation, operation., and maintenance of existing facilities." Amend Comprehensive Plan page 6 -15, Policy 6C -1, "For road classifications higher than local access roads, $develop access control plans which may include joint driveways; and require new developments to minimize the number of access points." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Brenner referenced item 11 in Proposed Council Changes to Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan page 6 -14, Policy 6B -1, "Programming of transportation programs... correct level of service deficiencies on County -owned roads and ferries to meet GMA concurrency requirements." The motion was seconded. Weimer stated this section also references GMA concurrency requirements. Roland Middleton, Public Works Department, stated they are including a level of service for the ferry. The GMA does not require the County to establish a level of service. The motion is fine. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Weimer referenced item 12 in Proposed Council Changes to Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan page 6 -14, Policy 6B -2, "Use a fair and equitable formula... bikeways, ferry, and roadways that are considered reasonably necessary as a direct result of proposed developments in Whatcom County." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Weimer referenced item 13 in Proposed Council Changes to Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan page 6 -15, lines 31 -35, " Whatcom County's program of arterial and collector improvements addresses the following elements: uncongested traffic flow; sound engineering and construction; safety; mobility; facilities for public transit, bicycles, and pedestrians; access to air, rail, ferry, and other forms of transportation; and cost effectiveness." The motion was seconded. Special Committee of the Whole - P.M., 4/19/2016, Page 5 1 2 The motion carried by the following vote: 3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 4 Nays: None (0) 5 6 Weimer referenced item 15 in Proposed Council Changes to Comprehensive Plan 7 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 8 page 6 -16 to create a new policy, "Policy 6C -1: Conduct a ferry feasibility study to inform 9 the next Comprehensive Plan update so that sufficient planning, engineering, design and 10 cost detail is available to use in competing for grants and other sources of funding for a 11 replacement ferry. The ferry feasibility study should determine type of boat, dock and other 12 amenities that will be needed for a replacement ferry; estimate sea level rises over the next 13 50 -70 years; and address elements such as, but not limited to, future demand and use 14 based on projected demographics, boat size, boat technology, service plan, dock and other 15 amenities, safety, and costs, including operating and maintenance costs, a timeline for 16 implementation, a funding strategy and a public review process. LIFAC should provide input 17 on the scope of work and any consultants or vendors retained, as well as reviewing and 18 providing input on key milestones." 19 20 The motion was seconded. 21 22 Middleton stated simplify the policy. The feasibility study needs to go forward, but 23 this language is very specific. He appreciates parameters, but this outlines what the 24 feasibility study will accomplish. Make the language more generalized. 25 26 Brenner moved to hold to come up with better language. She asked Mr. Middleton 27 to create better language. 28 29 Mann stated he likes the language in the current motion. 30 31 Sidhu stated the motion includes too much information. When they sanction the 32 study, they will define the terms of the study. That's not a policy. 33 34 The motion to hold in committee was seconded. 35 36 The motion to hold in committee carried by the following vote: 37 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 38 Nays: Mann (1) 39 40 Donovan referenced Comprehensive Plan page 6 -13 and asked about language 41 regarding potential additional transportation revenue that was amended and moved to a 42 different page. Davis stated they moved financing specifics from the policy chapter to the 43 capital facilities appendix E, which is updated more often. 44 45 Browne referenced item 16 in Proposed Council Changes to Comprehensive Plan 46 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 47 page 6 -17, lines 25 -30, "Whatcom County's transportation facilities must accommodate a 48 variety of transportation modes including automobiles, bicycles, pedestrians, buses, ferries, 49 emergency vehicles, commercial vehicles, and agricultural equipment. In the planning, 50 design, and construction of these facilities, the County must balance the needs of all users 51 in all modes, and make the improvements appropriate to the context of the area." 52 53 The motion was seconded. Special Committee of the Whole - P.M., 4/19/2016, Page 6 1 2 The motion carried by the following vote: 3 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 4 Nays: None (0) 5 6 Brenner referenced item 17 in Proposed Council Changes to Comprehensive Plan 7 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 8 page 6 -17, Policy 6E -1, "Adopt and use design standards... budgetary constraints. This shall 9 include an efficient and effective number of bus trips per day to adequately serve existing 10 communities outside cities and UGAs." They promoted and pushed for more bus service to 11 Sudden Valley, but it was cut back. 12 13 The motion was seconded. 14 15 Weimer stated the County isn't responsible for providing bus service. Bus service 16 was cut back because the rural community didn't support greater funding for the transit 17 system. He suggested a friendly amendment, "This shall include Encourage...." 18 19 Brenner accepted the friendly amendment. 20 21 Mann stated he supports transit alternatives, but don't single out bus service. There 22 are many other different types of transportation. He asked why this service is added. 23 24 Brenner stated bus service isn't mentioned in the language. 25 26 Mann stated language in that section does include buses. 27 28 Brenner stated she wants it to be about more than balancing needs. Most of the 29 other types of transportation listed aren't as good for the environment. Better bus service 30 to the rural communities is necessary. 31 32 Mann stated he would like to see better bus service also. However, don't prioritize 33 this specific mode of transportation. He would like to see electric charging stations all over 34 the county. 35 36 Davis stated this policy 6E -1 is about design standards. It is a policy supporting 37 public services when they're developing new projects to adopt and use design standards 38 that follow the current best practices. It's not making policies on any individual particular 39 mode of transportation. Policy 61-3 is about coordinating with the Whatcom Transit 40 Authority to establish rural transit service. That would be the place to address inadequate 41 bus service. 42 43 Brenner stated Policy 6E -1 talks about achieving the best balance possible. This is 44 talking about accommodation, not design. 45 46 Sidhu stated the WTA Board has the public responsibility for bus service. They know 47 what is efficient and effective. Don't force something that isn't necessary. The motion is 48 superfluous. Let WTA decide on bus service. 49 50 Weimer stated he agrees with staff that the language is more appropriate in Policy 51 6J -3. He rescinded his second to the motion. 52 53 The motion died for lack of a second. Special Committee of the Whole - P.M., 4/19/2016, Page 7 1 2 Brenner referenced item 18 in Proposed Council Changes to Comprehensive Plan 3 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 4 page 6 -18, lines 24 -29, "Level of service ... safe and convenient route. Pedestrians are also 5 well served by adequate crosswalks. Bicyclists may be well served by a low speed and traffic 6 shared roadway lane in an urban location but may benefit from a wide shoulder on a rural 7 higher speed road." 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 referenced item 19 in Proposed Council Changes to Comprehensive Plan 16 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 17 page 6 -20, Policy 6F -5, "Give priority to ... walkways and crosswalks along roadways within a 18 one -mile radius of schools." 19 20 The motion was seconded. 21 22 The motion carried by the following vote: 23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 24 Nays: None (0) 25 26 Brenner referenced item 20 in Proposed Council Changes to Comprehensive Plan 27 Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan 28 page 6 -20, Policy 6F -6, "For commercial and residential... paths, crosswalks, and 29 other... between buildings." 30 31 The motion was seconded. 32 33 The motion carried by the following vote: 34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 35 Nays: None (0) 36 37 Browne referenced items 21 through 23 in Proposed Council Changes to 38 Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to: 39 • Amend Comprehensive Plan page 6 -20, lines 32 -34, "Whatcom County eCouncil 40 ffiMembers are part of the WCOG's Whatcom Transportation Policy Board and the 41 WTA Board of Directors." 42 . Amend Comprehensive Plan page 6 -23, Policy 61-1-1, "Maintain and restore fish 43 passage ... the annual road construction program, and the County budget." 44 • Amend Comprehensive Plan page 6 -24, Policy 61-1-8, "Promote designs to preserve 45 mature trees, unique wildlife habitats, water quality, and other...." 46 47 The motion was seconded. 48 49 The motion carried by the following vote: 50 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 51 Nays: None (0) 52 Special Committee of the Whole - P.M., 4/19/2016, Page 8 Brenner referenced item 24 in Proposed Council Changes to Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan page 6 -24, Policy 61-1-10, "Minimize the amount of impervious surface whi&neyeF by using natural engineering design methods such as the use of open, shallow, grassed street swales instead of curbs and gutters and, where feasible, encouraging alternate surfacing options." The motion was seconded. Davis stated there are no new changes to this policy, which is current in the Comprehensive Plan. Staff is concerned that the alternate methods would be used instead of curbs and gutters. If a phrase such as "where applicable" is not included, the County will be required to do these everywhere, regardless of whether or not it's appropriate. Brenner withdrew the motion. She referenced item 25 in Proposed Council Changes to Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan page 6 -24, Policy 63-1, "Develop programs that reduce ... These programs include, but are not limited to, trip reduction programs in coordination with major employers,: af�d other jurisdictions, and the WTA." The motion was seconded. Sidhu asked what they're trying to achieve by adding the reference to the Whatcom Transportation Authority (WTA). Brenner stated the WTA has many programs that reduce single- occupancy vehicle use and vehicle miles traveled. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Brenner referenced item 26 in Proposed Council Changes to Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan page 6 -25, Policy 63-4, "Coordinate with Whatcom Transportation Authority... provide necessary and adequate services to encourage their use." Necessary services are about the types of services. Adequate services are about the amount of services. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Brenner referenced item 27 in Proposed Council Changes to Comprehensive Plan Chapter 6 beginning on Council packet page 199 and moved to amend Comprehensive Plan page 6 -25, Policy 6J -8, "Explore enhanced bus service to Sudden Valley to reduce traffic in the Lake Whatcom watershed. Also encourage enhanced bus service to Lummi Island and Columbia Valley to reduce single -car emissions." The motion was seconded. Brenner stated Lummi Island used to have small buses that served the island well. Special Committee of the Whole - P.M., 4/19/2016, Page 9 1 2 Mann stated the WTA makes its decisions based on demand and cost - effectiveness. 3 Sudden Valley and Columbia Valley have thousands of people. Lummi Island has 800 or 4 900. He asked how Councilmember Brenner determined which community deserves this 5 encouragement. 6 7 Brenner stated Lummi Island lost a lot of parking, so it's better for more people to 8 get out of the cars. 9 10 Browne stated have a broader view of all technologies besides bus service, such as 11 computer- assisted ride share programs, on demand ride programs such as Uber, vehicle 12 sharing, and automated vehicles. Add language recognizing these other services. 13 14 Sidhu stated the purpose of this section is to increase service to Sudden Valley to 15 protect the Lake Whatcom watershed. This has nothing to do with level of service to rural 16 communities. The WTA has recently talked about a publicly run on- demand ride program. 17 18 The motion failed by the following vote: 19 Ayes: Brenner and Buchanan (2) 20 Nays: Mann, Sidhu, Browne, Weimer and Donovan (5) 21 22 23 COMPREHENSIVE PLAN CHAPTER 2 24 25 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON 26 WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016- 27 047B) 28 29 Larry Brown stated the comments from the Sudden Valley Community Association 30 have nothing to do with becoming an urban growth area (UGA) in order to grow. They are 31 a request for some mechanism for the Sudden Valley community to be regularly consulted 32 with on issues such as transportation and environmental protection and enhancement. 33 There must be Sudden Vallev community participation in the important decisions the County 34 makes to deal with its very large population. 35 36 Forrest Longman, Council Office, stated he is drafting a proposed policy for 37 councilmembers about how to include Sudden Valley. 38 39 Clayton Petree stated Staff used the Countywide Planning Policies to justify many 40 things in the Economic Chapter. He referenced and read Countywide Planning Policy D -2 41 from Appendix C, which has not yet come to the Council. The Yew Street UGA reserve has 42 water, sewer, gutters and curbs, sidewalks, Whatcom Transportation Authority (WTA) bus 43 service, pedestrian crosswalks, a public school, and a fire station. This is an area that will 44 be in the city. The Countywide Planning Policy says it shall be in the UGA. Consider that 45 when going through the Bellingham section of Chapter 2. 46 47 He referenced Goal 2A about designating sufficient water and land to accommodate 48 the growth needs of Whatcom County. Bellingham has an inventory problem for single - 49 family houses. Growth is pushed to Sudden Valley and Mt. Baker rural areas. Actual rural 50 growth is higher than projected and allocated. When problems push extra growth into the 51 rural area, it violates Policy 2DD -1. 52 Special Committee of the Whole - P.M., 4/19/2016, Page 10 Brenner stated there was a newspaper article about a deficit of affordable single - family housing in Bellingham. Matt Aamot, Planning and Development Services, stated cities want autonomy to plan for how they want their communities to develop. If there is a lower supply of single - family housing, the demand will go elsewhere. The City of Bellingham doesn't want to expand, and wants to focus on the urban village idea. Karlee Deatherage, ReSources for Sustainable Communities, stated she supports the revised Policy 2A -14 from Councilmember Weimer, which ties land use decisions to water availability. There is a fixed amount of available water resources, especially in the summer. Goal 10 of the Growth Management Act (GMA) requires that they protect the environment and enhance the State's high quality of life, which includes air and water quality and the availability of water. Linda Twitchell, Building Industry Association, referenced the fifth bullet point in the proposed new Policy 2A -14 regarding working with the Department of Ecology (DOE) to better undertake its responsibilities by encouraging creation of a permitting system for exempt wells. This Committee passed language earlier today suggesting that the County will comply with DOE water programs. The DOE water program allows exempt wells in these closed areas. This morning's vote was to support the DOE policies. Encouraging them to create a separate permitting process for exempt wells is the opposite of what the Committee did this morning. Do not add extra permitting systems. Whatcom County has the fourth or fifth highest housing prices in the state. More requirements and permitting systems add $20,000 to the price of every home. They already have incredibly high prices. The current median housing price in Whatcom County and Bellingham does not match income levels. She referenced proposed changes to Policy 2DD -1 about monitoring residential development activity outside UGAs, which shall require the County to take action to address any discrepancies. She asked if the County plans to also take action if the Cities do not meet their growth expectations. If they are going to monitor growth projections, they should do it countywide. She referenced the proposed new goal about administering a transfer of development rights (TDR) program and stated make sure it's voluntary, because they don't know all the unintended consequences. Consider how it will affect the price of housing. Mann asked if the Cities are already monitoring their building activity annually. He recalls getting that report annually. Davis stated the County gets population reports from the Office of Financial Management (OFM) for incorporated areas and the overall UGA, based on the permit reports sent to OFM. Twitchell stated that if the County is going to take action to deal with inconsistencies in the rural lands, there is a connection with what goes on in the cities. Mann stated the County doesn't have jurisdiction over the cities. Twitchell stated they're related. Kane Hall stated he supports processes that provide adequate water to agriculture, within the context of protecting treaty rights, instream flows, and water quality. Impose development fees in the county to limit taxpayers from subsidizing rural sprawl. Use conservative growth estimates consistent with the county's environmental carrying capacity. Special Committee of the Whole - P.M., 4/19/2016, Page 11 1 The OFM lists Bellingham as 49th in the state in density and 12th in population with 28.5 2 square miles. Ferndale is 112th in density and 69th in population with eight square miles. 3 Blaine is 120th in density and 205th in population with 5.7 square miles. Renton has a 4 population of 98,000 in 24 square miles, making them 8th in population and 15th in density. 5 Yakima has a population of 93,000 in 27 square miles, making them 101h in population and 6 30th in density. Bellevue has a population of 135,000 in 33.6 square miles, making them 5th 7 in population and 17th in density. Bellevue is approximately the size of Bellingham, yet it is 8 twice as dense. Its growth is managed within the urban growth boundary. There are 37 9 smaller communities in the state that have more density per square mile than Bellingham. 10 Bellingham has enough land in the current UGA to accommodate at least 20 years of future 11 growth. Promote infill in the urban growth boundaries. 12 13 Sidhu stated he asks the real estate industry what they would do for a young realtor, 14 since the policy for the last 50 years is to annex, build, and move on. All their testimony 15 says they should annex more land, there is no land for single - family homes, and single - 16 family homes are the only type of home that people want. There will continue to be these 17 problems in 50 years if they continue the same policies. There has been zero innovation 18 and no new ideas from the industry whose future depends on it. People in the industry only 19 insist that they need more land, they need to build more, and they need to expand cities. 20 Every industry has only one interest. The County must be the counterweight. He asked the 21 industry to come up with and present some kind of innovation. Expanding the cities won't 22 be feasible in 10 or 50 years into the future. 23 24 Brenner stated the County can't get a certain City to do enough infill. No one wants 25 urban sprawl, but no one wants infill in their backyard, either. The responsibility is not on 26 the real estate or building industry. The government is responsible. 27 28 2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 29 PLAN CHAPTER 2, LAND USE (AB2016 -047B) 30 31 Donovan stated he wants to revisit the Birch Bay Urban Growth Area (UGA). 32 33 Weimer referenced item one in Proposed Council Changes to Comprehensive Plan 34 Chapter 2 beginning on Council packet page 232. It was a recommendation from a number 35 of groups to incorporate water into the consideration. 36 37 Matt Aamot, Planning and Development Service Department, asked if this would 38 require groundwater studies in rural areas so they have some method of groundwater 39 availability. Also, Lynden's water rights are unclear, according to the Department of 40 Ecology (DOE). He asked if they would have to side with Lynden or the DOE. 41 42 Karen Frakes, Prosecutor's Office, stated some of the proposed changes are 43 inconsistent with the County's position on water litigation. The County is waiting for a 44 decision from the court case. It's inconsistent to say the County will ensure sufficient water. 45 It's the Department of Ecology's job to determine whether a basin will be closed to exempt 46 wells. She is also concerned about the last bullet of item two, which is inconsistent with the 47 County's position during litigation, that this area is not closed to exempt wells. Right now, 48 there is no authority for the Department of Ecology to create a permit system for exempt 49 wells because they are exempt from permitting. Don't include those provisions in the 50 Comprehensive Plan. 51 52 Mann stated that the proposed amendment to Goal 2A, which is not a policy, would 53 be okay if they removed the word "ensure." Frakes stated that's better. Special Committee of the Whole - P.M., 4/19/2016, Page 12 1 2 Mann stated that as they create the Comprehensive Plan, addressing the land only is 3 somewhat naive and unwise. Water is half the equation. Frakes stated make sure it's 4 understood that it's not the County's job to determine whether or not there is sufficient 5 water when someone wants to put in an exempt well. She infers from the language 6 proposed for Goal 2A that the goal is a preamble to the policy that is inconsistent with the 7 County's position. 8 9 Weimer stated new proposed Policy 2A -14 was meant to address concerns from Ms. 10 Frakes and the Planning staff to define the goal. He tried to write the goal and policy so the 11 County would not take on the responsibility for DOE's job, but to make it clear that it is 12 DOE's job, and the DOE ought to be doing it to help clarify people's water rights. Frakes 13 stated her big concern is with the word "ensure," which implies the County will take on that 14 responsibility. She doesn't have a problem with Councilmember Weimer's approach, with 15 the understanding it's not the County's job to ensure sufficient water in the context of 16 exempt wells. 17 18 Browne stated defer a decision on these two proposed amendments until the court 19 case is done. The decision will give the County guidance on its parameters. Water is 20 important in rural areas for domestic consumption and for fire flow. They have different 21 sets of rules. The DOE allows unrestricted water use in the act of suppressing a fire. The 22 community should strive to encourage water conservation in all cases. There is more work 23 to be done on this item. 24 25 Brenner moved to hold in Committee for two weeks items one and two in Proposed 26 Council Changes to Comprehensive Plan Chapter 2 beginning on Council packet page 232, 27 to amend Comprehensive Plan page 2 -5, Goal 2A. 28 29 The motion to hold was seconded. 30 31 Browne stated he's concerned about the bullet point that encourages the DOE to 32 better commit to their responsibilities to enforce water rights to protect instream flows. At 33 least half the agriculture community has no legal water right. He's reluctant for the County 34 to take a position, which could be construed as effectively shutting down half the agriculture 35 industry. The better solution is a State -level solution that deals with the issue of water 36 rights and water allocation. 37 38 Weimer stated that's what the third bullet does. 39 40 Brenner stated the third bullet point may be a problem legally. 41 42 The motion to hold carried by the following vote: 43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) 44 Nays: Weimer (1) 45 46 Browne referenced item three in Proposed Council Changes to Comprehensive Plan 47 Chapter 2 beginning on Council packet page 232 and moved to amend Comprehensive Plan 48 page 2 -18, Policy 2M -6, "Engage the Wildlife Advisory Committee to develop 49 recommendations of critical habitat and species protection areas, and for a system to 50 monitor the status of fish and wildlife habitat function." 51 52 The motion was seconded. 53 Special Committee of the Whole - P.M., 4/19/2016, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Browne withdrew items four through eight. Weimer stated he likes item six if they remove "urban growth." It could incorporate Sudden Valley's ideas. Establish some kind of advisory group for those more developed rural areas. Aamot stated this is the section on the urban growth area. Mr. Longman can present it at the next meeting. Browne referenced item nine in Proposed Council Changes to Comprehensive Plan Chapter 2 beginning on Council packet page 232 and moved to hold this motion in Committee until he gets more information from the Lynden Airport Advisory Committee. The motion to hold was seconded. The motion to hold carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Donovan referenced item ten in Proposed Council Changes to Comprehensive Plan Chapter 2 beginning on Council packet page 232 and moved to amend Comprehensive Plan page 2 -73, lines 31 -34, "In 2010, the DNR recognized the need to "protect the significant environmental resource of aquatic lands at Cherry Point" (CPAR Management Plan p. 1), completed the Cherry Point Environmental Aquatic Reserve Management Plan, and designated the Cherry Point Aquatic Reserve to ensure long -term environmental protection of the area." Acknowledge that the area is designated as an aquatic reserve. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None (0) Absent: Browne (out of the room) (1) Donovan referenced item 11 in Proposed Council Changes to Comprehensive Plan Chapter 2 beginning on Council packet page 232 and moved to amend Comprehensive Plan page 2 -73, lines 37 -41, "The reserve extends from the southern boundary of Birch Bay State Park to the northern border of the Lummi Indian Nation Reservation. The site excludes three existing aquatic land leases (BP, Intalco, Phillips 66 shipping piers) and one proposed aquatic land lease " The motion was seconded. Donovan asked if it matters whether they reference the Gateway Pacific Terminal. He asked if including the reference to the project gives the appearance that the County Council favors the project, and if removing the language gives the appearance that the County Council is opposed to the project. He asked if the Council is not doing its job updating the Comprehensive Plan by not acting on it. Aamot stated he can't answer those questions. The language is a reflection of what is in the Department of Natural Resources (DNR) plan. He doesn't think it matters. Special Committee of the Whole - P.M., 4/19/2016, Page 14 1 Brenner stated she asked legal counsel the question. Ms. Frakes specifically said 2 there shouldn't be a reference to a specific project because of the Council's quasi - judicial 3 responsibility. 4 5 Sidhu asked if another site is possible for an exemption. Aamot stated the DNR 6 environmental reserve has a cut -out for this site, along with the existing piers. This is just 7 a reflection of what is in the DNR plan. 8 9 Tyler Schroeder, Executive's Office, read from page 52 of the Cherry Point Aquatic 10 Reserve Management Plan of 2010, which recognizes new over -water structures. 11 12 Brenner moved to hold in Committee until they hear from legal counsel. 13 14 The motion was seconded. 15 16 The motion carried by the following vote: 17 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) 18 Nays: Donovan (1) 19 20 Weimer referenced item 12 in Proposed Council Changes to Comprehensive Plan 21 Chapter 2 beginning on Council packet page 232 and moved to amend Comprehensive Plan 22 page 2 -74, lines 6 -13, "The Management Plan acknowledges that the existing industries, 23 complying with laws and regulations, do not conflict with the Aquatic Reserve although their 24 activities may pose risks for the Aquatic Reserve. Indeed, the industries' need for buffer 25 space and their compliance with shoreline management requirements means that much of 26 the Aquatic Reserve shoreline is in substantially natural riparian vegetation and bluff 27 processes proceed without interference. Existing industries can serve the Aquatic Reserve's 28 objectives so long as they are managed according to the Plan and so long as the lessees 29 actively work to further goals for the Reserve (CPAR MP p. 2)." 30 31 The motion was seconded. 32 33 The motion carried by the following vote: 34 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 35 Nays: None (0) 36 37 Donovan referenced item 13 in Proposed Council Changes to Comprehensive Plan 38 Chapter 2 beginning on Council packet page 232 and moved to amend Comprehensive Plan 39 page 2 -77 to create a new policy and renumber existing Policy 2CC -2 and subsequent 2CC 40 policies, "Policy 2CC -2: Ensure that developments in the Cherry Point UGA maintain 41 management plans to accomplish the goals of the Aquatic Reserve Management Plan." 42 43 The motion was seconded. 44 45 The motion carried by the following vote: 46 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 47 Nays: None (0) 48 49 Brenner referenced item 14 in Proposed Council Changes to Comprehensive Plan 50 Chapter 2 beginning on Council packet page 232 and moved to amend Comprehensive Plan 51 page 2 -77, Policy 2CC -7, "Res4 ;�c�+e —ef Exclude Cherry Point as part of any future 52 incorporation of Birch Bay." 53 Special Committee of the Whole - P.M., 4/19/2016, Page 15 1 The motion was seconded. 2 3 The motion carried by the following vote: 4 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 5 Nays: None (0) 6 7 Weimer referenced item 15 in Proposed Council Changes to Comprehensive Plan 8 Chapter 62 beginning on Council packet page 232. 9 10 Davis stated staff recommends that this policy and Policy 2S -5 be coordinated so 11 they can do one report. 12 13 Weimer moved to amend Comprehensive Plan page 2 -82, Policy 2DD -1 as 14 suggested by staff and distributed earlier, "Concentrate growth in urban areas per the 15 population projections in Chapter 1 of this plan, and recognize rural lands as an important 16 transition area between urban areas and resource areas. "ear tine 17 ubli-s-h--a-repert h- at- menite-s -resi ial -d eve!e men't-aet Oity 18 uFba- r r- npar-e tat at with-- th- e-ad-&� 19 p eetien for !-4..,se areas. ifit wt-h 20 the is _ne ^ ^Si5t r . it-h As part of the population growth monitoring 21 report required in Policy 2S -5, compare non- urban Iapulation growth trends with the 22 adopted non -urban population growth projection If the trend over several five years 23 indicates that non —urban growth is si nificantl hi her than adopted projections, the County 24 shall take action to address the discrepancy...." 25 26 The motion was seconded. 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 Donovan referenced item 16 in Proposed Council Changes to Comprehensive Plan 33 Chapter 2 beginning on Council packet paqe 232 and moved to amend Comprehensive Plan 34 page 2 -92, Policy 2GG -3, °In general, uses and densities within the Rural designation should 35 reflect established rural character. Rezones within the Rural designation should be 36 consistent with the established rural character and densities. Land in the R10A district may 37 be rezoned to a rural zone that allows a higher density only if:..." 38 39 The motion was seconded. 40 41 Mann stated the second sentence says what the first sentence says. 42 43 Brenner stated uses and densities may not always reflect established rural character. 44 For example, a cluster of development at a lower density may change the zoning in a little 45 area. 46 47 Donovan asked if there is a functional difference between the original sentence and 48 the second sentence. He moved to hold in Committee. 49 50 The motion to hold in Committee was seconded. 51 52 Special Committee of the Whole - P.M., 4/19/2016, Page 16 The motion to hold carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None (0) Weimer referenced item 17 in Proposed Council Changes to Comprehensive Plan Chapter 2 beginning on Council packet page 232 and moved to amend Comprehensive Plan page 2 -128, Policy 2VV -7, "Correctional facilities... New facilities should be located:... • At least one quarter mile from public and private schools." The motion was seconded. Brenner stated she doesn't want a jail to be within viewing distance of a school. It should be at least a half mile away. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) Donovan referenced items 18a -c regarding a new goal and policies for a transfer of development rights (TDR) program, in Proposed Council Changes to Comprehensive Plan Chapter 2 beginning on Council packet page 232. He asked where in the Comprehensive Plan they want to put this language. Longman stated the Committee created a new Policy 2A -14 on March 29 that references TDRs. Donovan stated he withdraws from consideration items 18a -c in Proposed Council Changes to Comprehensive Plan Chapter 2 beginning on Council packet page 232. Aamot referenced Goal 2P in the document dated and submitted today suggesting wording for this goal. He gave a staff report. Donovan moved to approve pages two and three in the handout to change the density to four to six units per net developable acre in text on pages 2 -43, 2 -57, and 2 -62. Further, add language to change the density to six to ten units per developable acre on pages 2 -47 and 2 -51, and add the following language: Whatcom County seeks to support and encourage the cities in efforts to increase residential densities within their jurisdictions throughout the planning period, as a way to increase vitality, reduce the cost of services, manage outward growth, and protect the environment. The County encourages cities to approve new residential developments at city -wide average net densities as shown below, while respecting unique characteristics of each city: • Bellingham - six to 24 units per net acre • Ferndale - six to 10 units per net acre • Lynden - six to 10 units per net acre • Blaine- four to six units per net acre • Everson - four to six units per net acre • Nooksack - four to six units per net acre • Sumas - four to six units per net acre Special Committee of the Whole - P.M., 4/19/2016, Page 17 1 The County should approve new residential developments at overall 2 average net densities as shown below, while respecting unique 3 characteristics of each community: 4 0 Birch Bay - five to ten units per net acre 5 . Columbia Valley - four to six units per net acre 6 7 The motion was seconded. 8 9 Weimer asked the purpose of a range instead of a minimum. Aamot stated it's 10 harder to achieve one specific number rather than a range. 11 12 Mann stated the goal is to increase densities in the cities. If they allow the same 13 minimum, there's no incentive. Aamot stated the County doesn't allow or not allow city 14 densities. 15 16 The motion carried by the following vote: 17 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 18 Nays: None (0) 19 20 Donovan referenced the Birch Bay urban growth area (UGA) map and stated the 21 total proposed area is 201 acres. There is language in the Comprehensive Plan that 22 encourages possible annexation areas to develop at city densities. The Comprehensive Plan 23 goals want logical and efficient expansions. However, those acres don't seem logical. The 24 area is wetland in a flood plain. The zone has to stay rural, one unit per ten acres (R10A). 25 Birch Bay won't be incorporating soon. He questions whether they should add anything to 26 Birch Bay. It's not a city, but the County is going to run it as a city at the County's cost. 27 The city right next to it has a capacity for 2,000 people and almost 6,000 jobs. There is a 28 history of this area being frequently rezoned. For all of those reasons, don't keep adding to 29 its UGA. 30 31 Brenner stated she would love for this area to grow and incorporate. She doesn't 32 know if that will ever happen. She recalled including it to make the boundary more even. 33 34 Aamot stated this area has grown rapidly since 2000. They lowered the growth rate 35 for the next 20 years, and there is a land capacity deficit. Including the area in the UGA 36 makes a more logical boundary. Net densities don't consider wetlands and flood plains 37 anyway. Staff recommends adding the 201 acres to address the land capacity issue. 38 39 Donovan stated the area won't incorporate as a city, and they will keep planning for 40 the expansion of something that will never be a city. 41 42 Aamot stated the County funded an incorporation study in 2009. It was found to be 43 feasible to incorporate the Birch Bay area. They haven't had a vote on it. 44 45 Brenner stated there is no perfect solution for Birch Bay. 46 47 Sidhu stated his solution is to allow cities with noncontiguous boundaries. Allow 48 Blaine or Ferndale to annex the entire Birch Bay UGA although they are not contiguous. 49 There is no reason to make them contiguous. People have said it's a State requirement, but 50 no one has shown him that law. He would rather work to change that law. Empower the 51 current cities to have more revenue, fewer expenses and infrastructure, and work more 52 efficiently for the residents. 53 Special Committee of the Whole - P.M., 4/19/2016, Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Browne stated they also need to consider removing or downzoning areas within the existing Birch Bay UGA that have oil and gas wells. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 4:29 p.m. The,Cd01idi1ippjproved these minutes on May 17, 2016. Alt r ATTEST" "/ '�, WHATCOM COUNTY COUNCIL a�.a`•• WHATCOM COUNTY, WASHINGTON At r _ r Darn Br6wh"l.E 2 'council Berk *ry ch ana , ouncil Chair Jill Nixon, Minutes Transcription Special Committee of the Whole - P.M., 4/19/2016, Page 19