HomeMy WebLinkAboutSpecial Committee of the Whole AM May 3 2016WHATCOM COUNTY COUNCIL
Special Committee of the Whole
May 3, 2016
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 9:30 a.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 11 AND APPENDIX G
1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON
WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT,
AND APPENDIX G, WATER RESOURCES PROGRAM AND SALMON RECOVERY
PROGRAM (AB2016 -047K)
Jim Hanson submitted and read from a handout (on file) suggesting changes.
Linda Twitchell, Building Industry Association, stated she supports a letter from
Dannon Traxlor saying that environmental issues should be in the Environment Chapter, not
written into other chapters. There are stormwater rules that allow a variety of methods in
addition to impervious surfaces for controlling stormwater.
Barry Wenger stated they need to look forward to new options. He supports the idea
of having a consistency planner. Include a reference line in the different sections that
references the related sections. It will eliminate redundancy in the chapters. There is very
little effect on flood hazard reduction if they take all the gravel out of the river. As soon as
they remove gravel from the river, more gravel will fill in. He opposes the policy for mining
gravel out of the river. Science and engineering don't support that activity. One possibility
is creating new side channels that provide new fish habitat , which provides for an
opportunity for mining gravel when the channels are created.
Carole Perry stated the process is very complex. There is too much information that
she can't process. Everyone is overwhelmed by the information. State and federal agencies
are making all the decisions for Whatcom County. The Council's power is undermined. The
citizens of Whatcom County don't even know what the regulations are.
2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
PLAN CHAPTER 11, ENVIRONMENT, AND APPENDIX G, WATER RESOURCES
PROGRAM AND SALMON RECOVERY PROGRAM (AB2016 -047K)
Brenner stated it's not the County's job to protect people who don't use common
sense to take care of themselves. She referenced item one in the Proposed Council
Special Committee of the Whole - AM, 5/3/2016, Page 1
1 Changes to Comprehensive Plan, Chapter 11, and moved to amend Comprehensive Plan
2 page 11 -18, Policy 11F -5, "Allow permitted uses that do not -^ quiFe human habit in
3 hazard areas that are deemed to be of low or acceptable risk, so long as probable adverse
4 off -site impacts to other properties or natural systems (those impacts resulting from the
5 interaction of the natural hazard and the proposed development) are minimized or
6 mitigated. Probable adverse impacts should be prevented or avoided in habitats of state or
7 federally listed sensitive plant and animal species."
8
9 The motion was seconded.
10
11 Mann asked the current status of lahar zones.
12
13 Cliff Strong, Planning and Development Services Department, stated the Planning
14 Commission is considering a new version of the language that mimics the Pierce County
15 model, which creates zones based on how long it takes a lahar to get someplace. It allows
16 different levels of development based on those zones. Lahars are addressed in the
17 Comprehensive Plan in the Natural Hazards section beginning on page 11 -13. The policies
18 are in goal 11F.
19
20 Mann stated he is interested in reducing the restrictions in lahar zones.
21
22 Donovan stated the policy addresses broader hazards, such as landslides. There
23 should be language that doesn't allow human habitation in dangerous landslide areas.
24
25 Brenner stated the risk areas vary between high risk and low risk. Her motion
26 applies to areas with lower risk.
27
28 Mann asked how they define the high and low risk areas.
29
30 Sidhu stated the risk areas are defined by the seismic code when buildings are
31 developed. There are criteria on a scale of risk from the State Department of Ecology and
32 the County Public Works Department. He supports Councilmember Brenner's motion. Don't
33 just limit developers and landowners. Inform the landowners of the risks, and then allow
34 the landowners to accept those risks if they want.
35
36 Weimer stated he doesn't know how the Code connects to the Comprehensive Plan.
37 He asked if there are specific things in the Code that define specific risks. He asked if the
38 Code addresses each one of these geologic hazards differently. Strong stated it does
39 address them differently, but it doesn't assign different levels of risk. The staff wants
40 Council to determine the acceptable level of risk, and then staff can implement them.
41
42 Weimer stated he likes the current language. Everyone has to come up with their
43 own acceptable levels of risk. Don't assign levels of risk to particular areas.
44
45 Browne stated he agrees with Councilmember Weimer about how they define
46 acceptable risk. The section needs more work.
47
48 Brenner stated it's not right to prohibit people from doing anything until the County
49 figures out the risks. It may create a liability for the County if they deem an area low risk,
50 and something happens. For landslide areas, they can find a geologist to decide what is
51 acceptable and what isn't in an area.
52
Special Committee of the Whole - AM, 5/3/2016, Page 2
1 Donovan stated they may need a policy specifically about lahars, and everything else
2 could be covered by existing language. The issue is how to deal with lahars in the same
3 way they deal with things like landslides.
4
5 Weimer stated creating a prohibition will drive them to figure out the risk. Until
6 then, development could be grandfathered in to risky areas.
7
8 Mann stated there is language in the Comprehensive Plan that indicates that level of
9 detail will be in the Code, not the Comprehensive Plan.
10
11 Mann withdrew his second to the motion. He prefers to just remove the entire
12 policy.
13
14 Donovan stated he prefers to remove the entire policy.
15
16 Brenner withdrew the motion.
17
18 Mann moved to delete Policy 11F -5.
19
20 The Committee discussed various options for amending the language.
21
22 The motion carried by the following vote:
23 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
24 Nays: Weimer (1)
25
26 Brenner referenced item two in the Proposed Council Changes to Comprehensive
27 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -27, Policy 11I -8,
28 "Strongly incentivize the use of low impact development strategies.e Work
29 cooperatively with applicants to consider minimizing, the amount of impervious surface
30 whenever practicable by using natural engineering design methods such as the use of open,
31 grassed street swales and rain gardens instead of curbs and gutters. Where feasible,
32 encourage alternate surfacing options and other techniques associated with low impact
33 development (see Glossary)." It will allow applicants to have some say, not just the
34 County.
35
36 The motion was not seconded.
37
38 Weimer referenced item three in the Proposed Council Changes to Comprehensive
39 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -36, lines 26 -31,
40 regarding Shellfish Protection District Advisory Committees:
41
42 "Whatcom County has three Shellfish Protection District Advisory Committees, one
43 for each of the Shellfish Protection Districts: Birch Bay, Drayton Harbor, and Portage Bay.
44 Each advises the County Council on proposed actions and operations relating to the
45 restoration of water quality in their respective watersheds."
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 - AM, 5/3/2016, Page 3
1 Brenner referenced item four in the Proposed Council Changes to Comprehensive
2 Plan, Chapter 11, and asked why the text includes the term "stabilizing banks."
3
4 John Thompson, Public Works Department, stated the text refers to riprap, which is a
5 negative for habitat function. They could use the term "bank armoring." Streams move
6 into a bank, undercut the bank, and recruit trees for habitat. Immovable banks aren't good
7 for habitat, either.
8
9 Brenner stated the term "bank stabilizing" infers planting trees and putting in native
10 vegetation. She moved to amend Comprehensive Plan page 11 -38, lines 9 -11, "Many
11 stream systems in Whatcom County have been altered by agriculture, forestry,
12 development, and flood control practices, contributing to low stream flows, fisheries loss,
13 water pollution, sedimentation, and other problems. These impacts can directly affect the
14 fisheries resources by depositing silt and debris into spawning beds, by removing trees that
15 shade and cool the water,tabiir -bad bank armoring, interfering with the recruitment
16 and establishment of large woody debris (LWD), by obstructing fish passage with culverts
17 and roads, by altering natural channels through filling, bank hardening, and channelizing."
18
19 The motion was seconded.
20
21 The motion carried by the following vote:
22 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
23 Nays: None (0)
24
25 Brenner referenced item five in the Proposed Council Changes to Comprehensive
26 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -38, Policy 11L -7,
27 "Promote voluntary fish and wildlife habitat enhancement projects through educational and
28 incentive programs. These projects, which can be done by individuals, organizations, and
29 businesses, sheuld will buffer and expand fish and wildlife habitat." It does provide buffer
30 and expands fish and wildlife.
31
32 The motion was seconded.
33
34 Browne stated "should" is correct, because it means they can't guarantee that the
35 projects will have an impact.
36
37 Brenner stated she disagrees. The projects will have an impact.
38
39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Buchanan, and Donovan (5)
41 Nays: Browne and Weimer (2)
42
43 Brenner referenced item six in the Proposed Council Changes to Comprehensive
44 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -38, Policy 11L -13,
45 "Evaluate the full value of the fishery — including its cultural and economic value —in land use
46 decisions that may impact that fishery. Unavoidable impacts to an individual habitat or
47 fishery should shall be mitigated."
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 - AM, 5/3/2016, Page 4
Brenner referenced item seven in the Proposed Council Changes to Comprehensive
Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -40, Policy 11M -3,
"When pessib'c, Eestablish non - regulatory mechanisms and incentives for development that
accommodates the habitat needs of fish and wildlife and encourages good stewardship
practices." She can't think of any time when they wouldn't want to create more non -
regulatory and incentive development programs.
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 eight in the Proposed Council Changes to Comprehensive
Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -40, Policy 11M -5,
"Native vegetation and soils on stream banks and shorelines should be disturbed as little as
possible. In situations where re- vegetation is necessary to restore stream bank or shoreline
stability and provide shading, site - specific native plants should be used. Retention of
vegetated riparian areas on all lake and marine shorelines std shall also be encouraged."
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 nine in the Proposed Council Changes to Comprehensive
Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -41, Policy 11M -13,
"Diligently work to prevent and reduce the spread of invasive species."
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 ten in the Proposed Council Changes to Comprehensive
Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -42, Policy 11N -3,
"Biological functions of wetlands are complex and interwoven. Evaluate the full range of
potential and immediate economic impacts in land use decisions relating to wetlands,
including fisheries, wildlife, recreation, farmlands, sustainable resources, air and water
quality, flood hazard management, real estate, cultural attributes, and other entities uses."
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 the Proposed Council Changes to Comprehensive
Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -45, Policy 11P -3,
"Protect shellfish resources by means of pollution prevention and enforcement when
Special Committee of the Whole - AM, 5/3/2016, Page 5
1 necessary. This should include surface and groundwater monitoring for early detection of
2 pollution that will to minimize-the damage and cost of resource restoration."
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 12 in the Proposed Council Changes to Comprehensive
11 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -45, Policy 11P -6,
12 "Identify and encourage the use of stormwater treatment systems and Best Management
13 Practices th- twill -he4p to reduce fecal coliform bacteria levels in stormwater discharging
14 directly into shellfish habitat areas."
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 13 in the Proposed Council Changes to Comprehensive
23 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -46, Policy 11P -12,
24 "Continue to develop programs that help identify potential pollution sources and ensure
25 timely and science -based approaches are used in response to problems as they arise."
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 14 in the Proposed Council Changes to Comprehensive
34 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -46, Policy 1113-15,
35 "Create a tracking mechanism to document progress made toward improving downgraded
36 shellfish areas. This information will be useful, not only in pew- supporting an
37 upgrade when water quality shows improvement, but also in h6pieg- to- hreven.t preventing
38 degradation in currently approved shellfish areas."
39
40 The motion was seconded.
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
44 Nays: None (0)
45
46 Brenner referenced item 15 in the Proposed Council Changes to Comprehensive
47 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -47, Policy 11P -17,
48 "Consider establishing the Drayton Harbor Watershed as a sending area when considering a
49 voluntary, workable transfer of development rights (TDR) programmer." When doing this
50 work, it should be a voluntary and workable program.
51
52 The motion was seconded.
53
Special Committee of the Whole - AM, 5/3/2016, Page 6
1 Donovan stated they need to have a conversation about which programs they want
2 to be voluntary and which they don't. They need to search through the document to see
3 how many times it's mentioned.
4
5 Brenner stated this is a sending area. They can't take people's property. A sending
6 area for TDRs should be voluntary and workable.
7
8 Sidhu stated TDRs are voluntary by definition. The voluntary and workable language
9 was in the context of a TDR program itself.
10
11 Weimer stated they may want to require the use of TDRs or PDRs in certain
12 instances. It makes sense to review the entire document to be consistent.
13
14 Browne stated he supports reviewing the, document to make it consistent
15 throughout.
16
17 Brenner stated she will not support a required TDR program. It's a taking.
18
19 Buchanan moved to hold in Committee until they could review the document and
20 identify all the sections that have TDRs.
21
22 The motion was seconded.
23
24 Brenner stated people are concerned about a program that isn't voluntary.
25
26 Sidhu stated this section just establishes the TDR area in Drayton Harbor.
27
28 The motion to hold in Committee carried by the following vote:
29 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
30 Nays: Brenner (1)
31
32 Browne referenced item 16 in the Proposed Council Changes to Comprehensive
33 Plan, Chapter 11, and moved to amend Comprehensive Plan page 11 -51 to restore and edit
34 action item line 37 -41, the Environment and Private Rights section:
35 "Deve'ep Encourage working relationships within development,
36 environmental protection, and property rights organizations, with a clear
37 vision of promoting the greatest public good and environmental health."
38
39 Make it clear they want to encourage working relationships within these different
40 groups and with each other.
41
42 The motion was seconded.
43
44 Brenner stated it sounds like they are encouraged to have working relationships
45 within each organization. They mean to say that.
46
47 Forrest Longman, Council Office, stated this is an action item. Restoring it would
48 make it the only action item in the Comprehensive Plan.
49
50 Browne withdrew the motion.
51
52 Browne referenced item one in the list of tabled items in the Proposed Council
53 Changes to Comprehensive Plan, Chapter 11, and moved to amend Comprehensive Plan
Special Committee of the Whole - AM, 5/3/2016, Page 7
1 page 11 -20 to create a new policy, "11F -16: Identify known locations of abandoned mines
2 and wells that could produce methane and or other hazardous substances and where
3 immediate danger of methane and hazardous substance leaking exists, prevent construction
4 from occurring above them." Address concerns about older exploratory gas wells in the
5 county. They produced a degree of methane. The County needs to identify them and not
6 allow construction on top of them.
7
8 The motion was seconded.
9
10 Weimer stated he is concerned about including abandoned mines. It's unclear how
11 many abandoned mines exist.
12
13 Browne amended his motion, "...of aba#max; -mip, id wells..."
14
15 Sidhu stated "Identify known locations of wells that could produce methane and /or
16 other...."
17
18 Browne stated methane can be produced by the decomposition of organic material.
19 He is concerned about the well, which could span several thousand feet of substrate.
20
21 Cliff Strong, Planning and Development Services Department, suggested different
22 language, "...leaking exists, prevent cep r-r-f an--&eei;FFr-f abeve theng condition
23 development approvals on affected parcels to mitigate those impacts." Make it possible to
24 build once it's studied and the development is conditioned.
25
26 Donovan asked if leaking methane can be mitigated.
27
28 Sidhu stated he likes the staff's suggestion. Just make people aware that there will
29 be some intervention. If they can prove it's safe or it can be mitigated, they can move
30 forward.
31
32 Browne stated a well can be sealed by pumping concrete down the well. The older
33 wells weren't required to have that.
34
35 Buchanan restated the motion, "11F -16: Identify known locations of abandoned
36 wells that could produce methane and /or other hazardous substances and where
37 immediate danger of methane and hazardous substance leaking exists, preveern
38 condition development approvals on affected parcels to mitigate
39 those impacts."
40
41 The motion carried by the following vote:
42 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
43 Nays: None (0)
44
45 Browne referenced item two in the list of tabled items in the Proposed Council
46 Changes to Comprehensive Plan, Chapter 11, and moved to amend Comprehensive Plan
47 page 11 -33, Policy 11K -16, " Feagh– +a* foreelesufe, eenside
48 se-14ng tfiee3– awe- R— bu9 Ida ble le If vacant lots in the Lake Whatcom watershed come
49 available due to a tax foreclosure the County should acquire them, remove the
50 developments rights and then place them back on the market through the public auction
51 process to recover any residual value."
52
53 The motion was seconded.
Special Committee of the Whole - AM, 5/3/2016, Page 8
Brenner stated she likes the intent, but if buyers know the County is going to go
after all these, there could be a bidding war. The County could consider acquiring them.
Mann suggested, "...foreclosure the County sheuld may acquire them.... ""
Browne stated he does not accept the suggestion. He doesn't intend for the County
to get into a competitive bidding war. They have to establish a value of development rights
in the watershed for acquisition.
Brenner asked if the County could make an agreement to not bid against someone
who wants to buy a lot that the County would bid on if the person agrees to eliminate the
development right.
Browne stated it's legally problematic to do that. The County gets the property in
trust for the junior tax districts. The County has to acquire the property in its own right,
and then it has the rights of any other property owner. He explained the ownership rights
in a foreclosure process.
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 10:55 a.m.
The Council approved these minutes on June 14, 2016.
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Dan rawta;[r1,, aunci,.Clerk Barry chana , Council Chair
Jill Nixon, Minutes Transcription
Special Committee of the Whole - AM, 5/3/2016, Page 9