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HomeMy WebLinkAboutSpecial Committee of the Whole May 10 20161 WHATCOM COUNTY COUNCIL 2 Special Committee of the Whole 3 4 May 10, 2016 5 6 CALL TO ORDER 7 8 Council Chair Barry Buchanan called the meeting to order at 1:00 p.m. in the Council 9 Chambers, 311 Grand Avenue, Bellingham, Washington. 10 11 12 ROLL CALL 13 14 Present: Barbara Brenner, Ken Mann, Todd Donovan, Rud Browne and Barry 15 Buchanan. 16 Absent: Satpal Sidhu and Carl Weimer. 17 18 19 COMPREHENSIVE PLAN CHAPTER 1, GROWTH PROJECTIONS (SPECIFICALLY 20 BIRCH BAY UGA) 21 22 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON 23 POPULATION GROWTH PROJECTIONS FOR THE BIRCH BAY UGA (AB2016- 24 047A) 25 26 Doralee Booth referenced and read from information she sent to the Council regarding 27 the growth projections (on file). Plan for more growth, rather than less, so shortfalls don't 28 occur. 29 30 2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE 31 PLAN CHAPTER 1, GROWTH PROJECTIONS (SPECIFICALLY THE BIRCH BAY 32 UGA) (AB2016 -047A) 33 34 Brenner asked the difference between the population projections from Matt Aamot and 35 from Todd Donovan. 36 37 Matt Aamot, Planning and Development Services Department, explained how the 38 proposed changes are noted. If the 201 acres aren't added to the urban growth area (UGA), 39 the population projection will have to be adjusted to fit the existing urban growth area. 40 41 Brenner asked why they would lower the population projection for Birch Bay. Aamot 42 stated it's a matter of managing risk if the plan is appealed to the Growth Management 43 Hearings Board. The population projection should closely match the land capacity. 44 45 Donovan referenced Proposed Council Changes to Comprehensive Plan, Chapters 1 46 and 2, item 1a, and moved to amend Comprehensive Plan page 1 -11 to amend the 47 Population Projection and Distribution Table to reduce growth of Birch Bay UGA by 12 people 48 per year. 49 50 The motion was seconded. 51 52 Brenner stated keep the projection as it is. There are other ways to increase density, 53 such as creating more small lots. Special Committee of the Whole, 5/10/2016, Page 1 Donovan stated this projection is more defensible. The motion carried by the following vote: Ayes: Mann, Browne, Buchanan, and Donovan (4) Nays: Brenner (1) Absent: Weimer and Sidhu (2) COMPREHENSIVE PLAN CHAPTER 2, LAND USE 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016- 047B) Doralee Booth referenced and read from information she sent to the Council regarding the Birch Bay urban growth area and stated the Birch Bay Water and Sewer District needs connectivity within the urban growth area (UGA) boundaries. Keep traffic off Birch Bay Drive. Don't exclude the 201 acres from the UGA. They need it for transportation planning along Blaine Road. Clayton Petree stated the proposed change from Councilmember Donovan in Chapter 1 makes the overall projection lower by 5,000 people, which is significant. The rural element has a historic 24 percent growth rate. People will continue to move to this area. Consider where they will go. Matt Petryni, ReSources for Sustainable Communities, stated the Army Corps of Engineers did not approve the coal terminal project permit. It's unlikely the County will ever consider the Gateway Pacific Terminal. He recommends proposed language that will prevent similar proposals from coming forward in the future. Carole Perry stated she disagrees with the previous speaker. Many people don't believe that climate change is real. Jeff Callender, Phillips 66, referenced Policy 2CC -2 proposed by Councilmember Donovan. He asked how they define a development in that proposed policy and what was the reason for the proposed change. Donovan stated the previous Comprehensive Plan has references to the aquatic reserve, which is a State policy. They haven't talked about the size of development, but he was thinking large -scale development in the Cherry Point UGA. Browne asked staff to clarify the transportation connectivity in Birch Bay that Ms. Booth referenced. Gary Davis, Planning and Development Services Department, stated the only funding implication from the irregular boundary is that transportation improvement board funding can only be used in urban areas. It's okay for a sewer transmission pipe to cross a rural area from one urban area to another, as long as it doesn't have connections in the rural area. A Code amendment to Title 20 will clarify that policy. 2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016 -047B) Special Committee of the Whole, 5/10/2016, Page 2 1 2 Donovan referenced Proposed Council Changes to Comprehensive Plan, Chapter 2, 3 item 1b and moved to amend Comprehensive Plan page 2 -28 to restore language in Goal 2T: 4 "Establish Urban Growth Areas within which annexations and urban levels of development can 5 occur and outside of which urban levels of development will not occur. This is intended to be 6 a sprawl preventing measure." He stated the additional sentence reflects that sprawl 7 preventing measures, which were deleted previously, are the purpose of planning. 8 9 The motion was seconded. 10 11 The motion carried by the following vote: 12 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 13 Nays: None (0) 14 Absent: Weimer and Sidhu (2) 15 16 Donovan referenced Proposed Council Changes to Comprehensive Plan, Chapter 2, 17 item 1c, and moved to amend Comprehensive Plan page 2 -28 to create a new policy and 18 renumber the 2T policies, "2T -1: Discourage UGA expansion that does not border an 19 incorporated city." He stated they need to discuss whether they want a policy about whether 20 or not they want to expand urban growth areas (UGAs) that aren't contiguous to a city. 21 22 The motion was seconded. 23 24 Brenner stated non -city UGAs that grow should eventually incorporate. 25 26 Donovan stated the question is whether or not they would allow UGAs to expand if 27 they never incorporate. 28 29 Browne stated it's a worthy discussion, but Birch Bay and Columbia Valley should be 30 discussed separately. 31 32 Brenner stated it may be good for Birch Bay to incorporate, but maybe not Columbia 33 Valley. 34 35 Donovan withdrew the motion. 36 37 Donovan referenced Proposed Council Changes to Comprehensive Plan, Chapter 2, 38 item 1d, and moved to amend Comprehensive Plan page 2 -28, the UGA map, to restore the 39 Birch Bay UGA map to the previous map with no extension into the floodplain. 40 41 The motion was seconded. 42 43 The motion carried by the following vote: 44 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 45 Nays: None (0) 46 Absent: Weimer and Sidhu (2) 47 48 Aamot referenced page eight of the Committee packet regarding the Birch Bay Urban 49 Area Reserve and stated the language needs to be reinstated since the area won't be 50 included in the UGA. 51 52 Donovan moved to amend text in the Birch Bay Urban Area, "The Birch Bay 53 Communoty Plan adopted-4n-49-94 used a high gFOwth fereeast that—does not--appear to be Special Committee of the Whole, 5/10/2016, Page 3 1 w n t pl q- peFiod The community I eurrent"I. 2 a planning p s Bi7 H-27at4an #ems 3 d F-e L.. ATeaten Blain e rze�eed -�'- the 4 gFew l l at ar3 I rat w+t# a logical uflaafbourtdai:y-i-E,-desmgriated nth -A-r-ea 5 tee. An area bisected by Blaine Rd., generally north of Arnie Rd., has been designated 6 as Urban Growth Area Reserve. Prior to re- designating this area to UGA, need for additional 7 land capacity and planning for adequate public facilities and services must be demonstrated. 8 The area currently zoned R10A west of Blaine Rd. should maintain a density of one 9 dwelling /10 acres in recognition of the wetlands and floodplain in this area." 10 11 The motion was seconded. 12 13 The motion carried by the following vote: 14 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 15 Nays: None (0) 16 Absent: Weimer and Sidhu (2) 17 18 Forrest Longman, County Council Office, referenced items 2a -i regarding Sudden 19 Valley and gave a staff report. Councilmembers are interested in restoring Sudden Valley to 20 Chapter 2 and officially interacting with Sudden Valley. The Sudden Valley Community 21 Association objects to items 2f -h because the language regarding density reduction seems 22 unnecessarily restrictive. 23 24 Brenner referenced Proposed Council Changes to Comprehensive Plan, Chapter 2, 25 items 2a -i, and moved approve all items as proposed by County staff. 26 27 The motion was seconded. 28 29 Mann asked why they need a goal to recognize that Sudden Valley is a Type 1 limited 30 area of more intense rural development (LAMIRD). Longman stated the goal recognizes that 31 the area has unique challenges. These are a new goal and policies. All the goals and policies 32 following in the Chapter would be renumbered. 33 34 The motion carried by the following vote: 35 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 36 Nays: None (0) 37 Absent: Weimer and Sidhu (2) 38 39 Brenner referenced Proposed Council Changes to Comprehensive Plan, Chapter 2, 40 Tabled Item one and stated legal counsel prefers to leave out the reference. 41 42 Donovan referenced Tabled Item one and moved to amend Comprehensive Plan 43 page 2 -73, lines 37 -41, "The reserve extends from the southern boundary of Birch Bay State 44 Park to the northern border of the Lummi Indian Nation Reservation. The site excludes three 45 existing aquatic land leases (BP, Intalco, Phillips 66 shipping piers) and one proposed aquatic 46 land lease �jegway- Pal e)." 47 48 The motion was seconded. 49 50 Donovan stated he supports the motion. Don't reference something that isn't there. 51 52 Special Committee of the Whole, 5/10/2016, Page 4 1 The motion carried by the following vote: 2 Ayes: Brenner, Mann, Buchanan, and Donovan (4) 3 Nays: None (0) 4 Absent: Browne (out of the room), Weimer and Sidhu (3) 5 6 Donovan referenced Proposed Council Changes to Comprehensive Plan, Chapter 2, 7 Tabled Item two and moved to amend Comprehensive Plan page 2 -92, Policy 2GG -3, "Uses 8 and densities within the Rural designation should reflect established rural character. Rezones 9 within the Rural designation should be consistent with the established rural character and 10 densities. Land in the R10A district may be rezoned to a rural zone that allows a higher 11 density only if:..." He stated the new sentence came from a settlement and helped get the 12 County compliant. When working on the Code, make it clear they consider uses in addition to 13 density. 14 15 The motion was seconded. 16 17 Mann suggested a friendly amendment, "Proposed uses and densities within...." 18 19 Donovan accepted the friendly amendment. 20 21 The motion carried by the following vote: 22 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 23 Nays: None (0) 24 Absent: Weimer and Sidhu (2) 25 26 27 COMPREHENSIVE PLAN CHAPTER 3, HOUSING 28 29 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON 30 COMPREHENSIVE PLAN CHAPTER 3, HOUSING (AB2016 -047C) 31 32 Clayton Petree stated Goal 4 of the Growth Management Act (GMA) is to provide 33 affordable housing, promote a variety of residential types, and encourage preservation of 34 housing stock. There is an affordable housing shortage in Whatcom County. The City of 35 Bellingham doesn't allow innovative housing types. The County Council must address the 36 problem in Bellingham and countywide. The Housing Chapter must have an inventory and 37 analysis of housing needs that exist and that are projected. The current projection is low. 38 People will look for housing options in agriculture and rural areas. Get the Bellingham 39 vacancy rate up to a healthy level. Encourage Bellingham to allow its infill tools citywide, 40 starting with demonstration projects in newer neighborhoods. 41 42 Linda Twitchell, Building Industry Association, stated she agrees with the previous 43 speaker. There are extremely high housing prices, low availability, and low income. The 44 GMA requires a housing analysis. Try to get the cities to take this seriously. Most of the 45 available land in Bellingham is impacted by critical areas that are difficult to develop. Analyze 46 what they have, whether it meets needs currently, and whether it will meet future needs. 47 48 Matt Petryni, ReSources for Sustainable Communities, stated move beyond a supply - 49 based approach. Look at affordability in the context of communitywide costs, such as the fire 50 code, critical area restrictions, and UGA restrictions. Expand access to subsidized housing. 51 Look at other programs around the country for affordable housing. Untether the cost of land 52 from the cost of housing. Continue housing programs that don't have externalized costs. 53 There is no data that reducing the cost of housing happens from expanding supply. Special Committee of the Whole, 5/10/2016, Page 5 Roger Almskaar stated don't identify affordable housing with subsidized housing. Affordable housing, which is an income test, is defined by Washington Administrative Code (WAC). The Health Department has a housing advisory committee, but it does not include any developers. Broaden the scope of the committee. Do a better job in housing choices for all income groups in terms of both prices and housing choices. Change the goals regarding regulatory control, property rights, and permitting efficiency. They must convert the South Yew Street area and South Caitac area to urban growth areas to deal with the housing issue in Bellingham. 2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 3, HOUSING (AB2016 -047C) Brenner referenced items one through four in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to approve the items as proposed, which concern comma usage and may be considered in a single motion. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Mann thanked everyone for their comments. Affordable housing is one of the most vexing, important, and corrosive issues in the community. Addressing supply won't solve it. The biggest problem is construction costs. There is little they can do about that. Many things increase the cost to builders. Wages are also a huge issue. The Council has limited ability to influence wages. There is a lot of subsidized housing in Bellingham. Some of it is beneficial. They are approaching a point where there is too much subsidized housing, especially downtown. They need market rate housing that people can afford without subsidies. These issues are very complex. Brenner stated she disagrees with Councilmember Mann. The supply of land is very important. Accessory dwelling units should be allowed in Bellingham, but they aren't allowed in single family residential zones. She agrees that subsidized housing and affordable housing are different. Make housing more affordable by creating innovate, effective housing to which people can adapt. Brenner referenced item five in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -1, lines 16 -20, "The purpose of this housing element is to consider future needs for housing in Whatcom County by examining existing housing patterns, projected population growth, and most - likely growth scenarios, and to suggest realistic ways to provide for those housing needs within the wishes of countyeT;s residents, sound public policy, and within the mandates of the Washington State Growth Management Act (GMA)." The motion was seconded. Browne referenced items five through seven in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to approve a substitute motion to approve items five through seven as proposed. Special Committee of the Whole, 5/10/2016, Page 6 1 The substitute motion was seconded. 2 3 Brenner referenced item six and stated housing costs are higher not lower. 4 5 Mann stated the housing costs in Bellingham are lower than in Seattle. 6 7 Brenner stated other locations in Puget Sound have lower housing costs than 8 Bellingham. 9 10 Davis stated the housing report, which is attached to the Comprehensive Plan by 11 reference, indicates that Whatcom County has lower housing prices than the Puget Sound. 12 13 Donovan stated change the language to "high housing costs." 14 15 Brenner stated she agrees with using the term "high housing costs." 16 17 Mann asked the definition of student age. If it refers to college -aged students, then 18 change the language to "...seheel college -age students...." 19 20 Brenner stated she agrees with using the term "...sehee+ college -age students...." 21 22 Councilmember Browne's substitute motion carried by the following vote: 23 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 24 Nays: None (0) 25 Absent: Weimer and Sidhu (2) 26 27 Brenner referenced item eight in Proposed Council Changes to Comprehensive Plan, 28 Chapter 3, and moved to amend Comprehensive Plan page 3 -4 to restore lines 1 -8 with 29 edits: "Single- parent households are proportionally more financially sensitive than two - parent 30 households to factors contributing to poverty and sub - standard living conditions such as 31 housing costs, health care costs, and other increases in the cost of living. The number of such 32 households is increasing at a faster rate than households with two parents. Shifts in 33 proportions of various groups comprising county population also shift the need for various 34 types and sizes of housing. Some families require larger homes to accommodate larger 35 extended families. Some groups, such as single - parent households, require smaller and more 36 efficient housing." 37 38 The motion was seconded. 39 40 Mann stated he is against the motion because it's unnecessary. They can have a 41 thousand pages on all the different possibilities. 42 43 Brenner withdrew her motion. 44 45 Brenner referenced item nine in Proposed Council Changes to Comprehensive Plan, 46 Chapter 3, and moved to amend Comprehensive Plan page 3 -7, lines 9 -12, "Innovative 47 housing solutions are needed to provide enough housing units to accommodate the County's 48 growing housing needs. By the end of the 20 -year planning period, Whatcom County will 49 have likely experienced- substantial growth." 50 51 The motion was seconded. 52 53 Special Committee of the Whole, 5/10/2016, Page 7 The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Brenner referenced item ten in Proposed Council Changes to Comprehensive Plan, Chapter 3, and stated she withdraws the proposed amendment from consideration. Brenner referenced item 11 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -15, lines 13 -15, "Both public and private investments can be directed into housing that ensures that low- to moderate - income people will be able to continue to live near where they work in the community. (According to the US Department of Housing and Urban Development, in 2015, a family of four earning $54,100 was considered low- income, while the median income for a family of four was $67,600.)" Davis suggested a clarification, "In 2015 in Whatcom County, a family of four...." Brenner accepted the suggestion from Mr. Davis. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Brenner referenced item 12 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -15, line 17, "Adopting arii Ambitious but Achievable Preferred and Affordable Housing Viaien-:Goal Whatcom County and its cities might consider adopting a HOUSING visleN GOAL that sets the bar at a high but achievable level: "By the year 2036, every community and neighborhood has a healthy mix of housing sizes, types and prices, affordable at the wages of the jobs nearby. A balanced mix of housing will have housing costs in sync with wages and incomes in the community." To achieve this overarching visien goal, the following goals and policies are adopted: The motion was seconded. Mann stated this grammar doesn't make sense. Brenner stated it's about more than affordable housing. It's about different types of housing. She moved to hold in Committee The motion was seconded. The motion to hold in Committee carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Special Committee of the Whole, 5/10/2016, Page 8 Browne referenced item 13 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -16, lines 23 -28, "Incompatible uses such as heavy, noisy, or noxious industrial facilities adjacent to residential uses should continue to be discouraged. Some non - polluting, low- impact types of light industrial uses such as textile computer or medical equipment assembly, which could be large -scale but not environmentally or aesthetically offensive, could, with some buffering, be perfectly acceptable and probably desirable near residential development." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Brenner referenced item 14 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -16, lines 41 -43, "Gitizens Residents currently possessing safe and decent housing may not fully understand the scope of the housing problem and they may tend not to want housing for less advantaged households near them." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Brenner referenced item 15 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -16, lines 43 -44, "In that regard, the location of affordable housing can be as difficult an issue as funding. Many people who do not want rural sprawl also do not want in -fill near them." The motion was seconded. Davis stated distinguish between urban people and rural people. Donovan stated the only use for this sentence is to criticize. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, and Buchanan (4) Nays: Donovan (1) Absent: Weimer and Sidhu (2) Brenner referenced item 16 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -17, Policy 3C -1, "Support lot clustering, varied lot sizes, small -scale multi - family dwellings, accessory, especially accessory dwelling units (ADUs) in single - family zoning, and reductions in infrastructure requirements for subdivisions as incentives for development of housing obtainable by purchasers with the greatest possible mix of needs and household incomes." The motion was seconded. Special Committee of the Whole, 5/10/2016, Page 9 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 Mann asked if it's for the County or Cities. He's not sure some of these types of uses are appropriate for unincorporated areas. They talk about minimizing impact to infrastructure in the rural areas. That type of density belongs in the cities. He asked if this goal or policy belongs in unincorporated areas and what is the best practice. Davis stated these policies are broad and countywide. Most things in the list would be things the county would support in urban areas. Lot clustering and accessory dwelling units (ADUs) are allowed in the county. Browne stated he supports ADUs, which is one dwelling inside another structure, and detached accessory dwelling units (DADUs) because they have lower construction costs and are a type of affordable housing. They also help people deal with aging -in -place issues. It has a lot of flexibility, minimum environmental impact, and maximum affordability. They must give some thought on the zones in which they will be encouraged. DADUs area already allowed in the county. They may be legitimate receiving areas in a transfer of development rights (TDR) program. Brenner stated the County has an ADU ordinance, which is too restrictive. Donovan stated he supports the motion, but shares Councilmember Mann's concerns. This is a high -level policy, so he will look at implementation. He hopes that not every single five -acre lot would double. Brenner stated there are design requirements. It's for someone who wants to increase the use on their own property. It's not about creating multi - family rentals. It has to be owner - occupied. Browne stated an accessory dwelling unit doesn't change the footprint or density on the property. There is no external impact. A detached accessory dwelling unit adds to the footprint. Donovan stated there is the potential for more vehicle trips and more impacts from more people. Browne stated they need to consider where they will be allowed, such as near LAMIRDs, not on a rural forestry lot. Brenner stated she disagrees. There are many kinds of potential uses. They've never had a problem with them. Recognize the ordinance, which allows them in the County. They should be used more often. The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, and Donovan (4) Nays: Mann (1) Absent: Weimer and Sidhu (2) Brenner referenced item 17 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -17, Policy 3C -2, "Support programs in which eitizens residents participate in the construction of their own home." The motion was seconded. Special Committee of the Whole, 5/10/2016, Page 10 1 The motion carried by the following vote: 2 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 3 Nays: None (0) 4 Absent: Weimer and Sidhu (2) 5 6 Brenner referenced item 18 in Proposed Council Changes to Comprehensive Plan, 7 Chapter 3, and moved to amend Comprehensive Plan page 3 -17, Policy 3C -2, with a change 8 to her proposal, "Availability of housing for seniors, young adults, young families with; -ef 9 w0theut children,_ single parents, and groups is frequently overlooked by both the private 10 development sector and the public sector. In addition, many migrant farm workers entering 11 the county each season face substandard housing and homelessness." 12 13 Davis stated the wording may have come from the census category for group living 14 situations. 15 16 Mann stated he prefers to delete those two sentences entirely. 17 18 Brenner moved to hold in Committee. 19 20 The motion was seconded 21 22 The motion to hold in Committee carried by the following vote: 23 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 24 Nays: None (0) 25 Absent: Weimer and Sidhu (2) 26 27 Brenner referenced item 19 in Proposed Council Changes to Comprehensive Plan, 28 Chapter 3, and moved to amend Comprehensive Plan page 3 -18, lines 33 -35, "lion --ef 29 th -agfi . Prior to adoption of the 30 comprehensive plan, Whatcom County considered ordinance amendments allowing for easier 31 and better provision of migrant worker housing." She stated that the first sentence is 32 duplicative of the second 'sentence. 33 34 The motion was seconded. 35 36 The motion carried by the following vote: 37 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 38 Nays: None (0) 39 Absent: Weimer and Sidhu (2) 40 41 Mann referenced item 20 in Proposed Council Changes to Comprehensive Plan, 42 Chapter 3, asked what is "preferred." 43 44 Brenner stated "preferred" refers to the type of housing that people prefer. She 45 moved to hold this proposed item in Committee. 46 47 The motion was seconded. 48 49 The motion carried by the following vote: 50 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 51 Nays: None (0) 52 Absent: Weimer and Sidhu (2) 53 Special Committee of the Whole, 5/10/2016, Page 11 1 Mann referenced item 21 in Proposed Council Changes to Comprehensive Plan, 2 Chapter 3, and moved to hold in Committee since councilmember Weimer isn't here. 3 4 The motion was seconded. 5 6 The motion carried by the following vote: 7 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 8 Nays: None (0) 9 Absent: Weimer and Sidhu (2) 10 11 Brenner referenced item 22 in Proposed Council Changes to Comprehensive Plan, 12 Chapter 3, and moved to amend Comprehensive Plan page 3 -19, Policy 3E -1, "Encourage all 13 jurisdictions to provide adequate stocks of preferred types of housing. Review and revise 14 existing regulations to identify inhibitions to housing for the varying preferences of those 15 needing housing. Focus on population segments with particular needs such as temporary, 16 transitional, or emergency housing." 17 18 The motion was not seconded. 19 20 Mann stated jurisdictions should not be in the business of providing housing. 21 22 Brenner moved to hold in Committee item 22 in Proposed Council Changes to 23 Comprehensive Plan, Chapter 3. 24 25 The motion was seconded. 26 27 The motion carried by the following vote: 28 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 29 Nays: None (0) 30 Absent: Weimer and Sidhu (2) 31 32 Brenner referenced item 23 in Proposed Council Changes to Comprehensive Plan, 33 Chapter 3, and moved to amend Comprehensive Plan page 3 -19, Policy 3E -3, "EnEeuFage 34 finanemai T c e -e-h a+uq +rq 35 demegmphics afld ne She stated that the County has no right to do this. 36 37 The motion was not seconded.. 38 39 Brenner referenced item 24 in Proposed Council Changes to Comprehensive Plan, 40 Chapter 3, and moved to amend Comprehensive Plan page 3 -20, Policy 3F -4, "Support 41 innovative housing ideas including co- housing (essentially a micro - community with some 42 centralized facilities), elder cottages (housing units for healthy but aging family members), 43 accessory dwelling units (ADUs) in single family zoning of all jurisdictions, including cottage 44 designs available at planning department front desk, and shared living residences or group 45 quarters in UGAs, and educate the public about them." 46 47 The motion was seconded. 48 49 The motion carried by the following vote: 50 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 51 Nays: None (0) 52 Absent: Weimer and Sidhu (2) 53 Special Committee of the Whole, 5/10/2016, Page 12 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 Browne referenced item 25 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -20 to create a new policy, "3F- 5: Study the new innovative programs and policies in other urban areas within our region, particularly Seattle, Portland and Vancouver BC, relating to the use of Detached Accessory Dwelling Units (DADU)." The motion was seconded. Brenner suggested a friendly amendment, "...Accessory Dwelling Units (ADUs) and Detached...." Browne accepted the friendly amendment. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Browne referenced item 26 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -20 to create a new policy, "3F- 6: Recognize that many residents are unfamiliar with ADUs and DADUs therefore develop outreach materials that explain the advantages to the community of ADUs and DADUs such as the ability for residents to derive supplemental income, to age -in- place, provide accommodation for an aging parents and the reduction of the tax burden that results when the cost of providing public services is shared across a larger number of residents etc." He stated these cities have been addressing the concerns of residents about densification by producing educational materials. The motion was seconded. Davis stated the introductory phrase of this item and the next item is more description than policy. To be clear, the sentence should start with the word "Develop." Browne amended his motion and moved to amend Comprehensive Plan page 3 -20 to create a new policy, "3F -6: Reeeg miliaF with "^"S and C'% ,A s the re Develop outreach materials that explain the advantages to the community o and DADUs, such as the ability for residents to derive supplemental income, to age - in- place, provide accommodation for an aging parents and the reduction of the tax burden that results when the cost of providing public services is shared across a larger number of residents etc." The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Browne referenced item 27 in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to amend Comprehensive Plan page 3 -20 to create a new policy, "3F- 7: Reeog .ng.tiia ood-q- al -it eu4ng at l�..._e e _t, Work with the cities to develop ADU and DADU policies and programs that encourage infill within urban areas where transportation, public facilities, and utilities already exist." The motion was seconded. Special Committee of the Whole, 5/10/2016, Page 13 1 2 The motion carried by the following vote: 3 Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) 4 Nays: None (0) 5 Absent: Weimer and Sidhu (2) 6 7 Brenner referenced item 28 in Proposed Council Changes to Comprehensive Plan, 8 Chapter 3, and moved to amend Comprehensive Plan page 3 -20, Policy 3G -3, "Educate the 9 public on equal opportunity laws specifically related to housing and housing conditions 10 +Rdi- ' tions avamlable to anyone it r" She stated it's not the County's 11 job to do this. The County can't give legal advice to people. It makes the County liable. 12 Other groups do this education. 13 14 The motion was seconded. 15 16 Mann stated eliminate the whole thing. 17 18 Brenner amended her motion and moved to strike the entirety of policy 3G -5. 19 20 Donovan stated this section is about impediments to affordable housing. He prefers to 21 keep the language in. He's not sure who should do the educating. 22 23 Browne stated he is opposed to the motion. He's seen many cases when certain 24 groups are discriminated against and they don't know their rights. He is against any changes 25 to Policy 3G -3. The County is involved in helping victims of domestic violence and tenant 26 rights regarding the health code. This is not a conflict with any law, and is consistent with 27 their existing obligations. 28 29 Brenner stated those things are the jurisdiction of the Health Department. This is 30 about more than public health issues. 31 32 Donovan stated Policy 3G -5 as written will not discourage a bad landlord from 33 discrimination or empower the County to actually do anything about it. 34 35 The motion failed by the following vote: 36 Ayes: Brenner and Mann (2) 37 Nays: Browne, Buchanan, and Donovan (3) 38 Absent: Weimer and Sidhu (2) 39 40 Browne referenced item 29 in Proposed Council Changes to Comprehensive Plan, 41 Chapter 3, and moved to amend Comprehensive Plan page 3 -21 to create a new policy, ,3G- 42 5: Develop policies that encourage the construction of more Accessory Dwelling Units and 43 Detached Accessory Dwelling Units." 44 45 The motion was seconded. 46 47 Davis asked if this is something that encourages construction of accessory dwelling 48 units countywide in rural areas as well as urban areas. 49 50 Browne stated more work needs to be done on where the County wants to allow 51 them. He amended his motion, °3G -5: Develop policies that encourage the construction of 52 more Accessory Dwelling Units and Detached Accessory Dwelling Units in urban areas." 53 Special Committee of the Whole, 5/10/2016, Page 14 The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Donovan referenced items 30a and 30b in Proposed Council Changes to Comprehensive Plan, Chapter 3, and moved to hold in Committee because Councilmember Weimer is not here. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) COMPREHENSIVE PLAN CHAPTER 6 TRANSPORTATION 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON COMPREHENSIVE PLAN CHAPTER 6, TRANSPORTATION (AB2016 -047F) Nancy Ging, Lummi Island Ferry Advisory Committee Vice - Chair, referenced Policy 6A- 1 and stated create a footnote that includes the exact formula. Don't add language that tries to explain the formula. Forrest Longman, County Council Office, stated including a footnote would be fine. Gary Davis, Planning and Development Services Department, stated they could add the more precise formula, "...439 (ferry trips x car units per population)." 2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 6, TRANSPORTATION (AB2016 -047F) Donovan referenced item one in Proposed Council Changes to Comprehensive Plan, Chapter 6, and moved to amend Comprehensive Plan page 6 -9, Policy 6A -1 (reconsideration): Establish the following levels of service (LOS) for purposes of maintaining transportation concurrency: Fer- Fy-LOS standa d—iS eufFently 5133 fee y passe���N�t island pepulation. Note- The Lummi Island Ferry Advisory Committee ( LIFAC) is cooperating with Public Works to develop an updated LOS standard. LIFAC will present a revision to this section when that work is complete. The interim LOS is calculated using the scheduled trips, the estimated car units of the ferry and the Small Area Estimates Program (SAEP) population figure. The interim standard is established at 439 ferry passenger trips annually per capita Lummi Island population." He asked if this is the same as the old formula. Gary Davis, Planning and Development Services Department, stated it is not. Forrest Longman, County Council Office, stated staff suggests "...439 (ferry trips x car units per population)." Special Committee of the Whole, 5/10/2016, Page 15 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 Davis stated the precise formula can be placed in the text rather than in a footnote. Ging stated the staff proposal is a generalization. Include the exact formula. Longman stated putting the formula in a footnote is the clearest explanation. Davis read the exact formula, 'x...439 fe-r"Fips x ear trw4ES--peF POPUiat-ieR (LOS = (scheduled one way trips x estimated car units for the boat) x 2 / Small Area Estimates Program Population Figure from OFM for Lummi Island.)" Buchanan restated the motion as proposed by Councilmember Donovan with the exact formula. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Mann referenced item two in Proposed Council Changes to Comprehensive Plan, Chapter 6, and moved to amend Comprehensive Plan page 6 -16 to create a new policy, "6C- 8: Conduct a ferry feasibility study to inform the next annual Comprehensive Plan update so that sufficient planning, engineering, design and cost detail is available to use in competing for grants and other sources of funding for a replacement ferry. LIFAC should provide input on the scope of work and any consultants or vendors retained, as well as reviewing and providing input on key milestones." The motion was seconded The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Mann referenced item three in Proposed Council Changes to Comprehensive Plan, Chapter 6, and moved to amend Comprehensive Plan page 6 -29 to create a new policy: "61-9: Encourage the development and installation of a comprehensive electric vehicle charging network, including the following opportunities: • Allow rapid charging stations in commercial parking lots and other convenient locations; • Provide a streamlined and expedited permitting process for charging stations; • Provide incentives to developers, employers, and organizations that provide charging stations; • Consider requirements to include charging stations in multi - family and commercial developments over 100,000 square feet; and Pursue partnerships with Puget Sound Energy to develop charging stations and reduce their cost." He stated this technology is expanding rapidly. At the very least, allow electric charging stations to be sited easier than gas stations. Special Committee of the Whole, 5/10/2016, Page 16 The motion was seconded. Brenner stated make it voluntary. She suggested a friendly amendment, "Pursue partnerships with Puget Sound Energy to .J...•..lop charging ..then and Fe-duce their consider voluntary development of charging stations to reduce costs. Mann accepted the friendly amendment. Browne stated lower or remove the 100,000 square foot size threshold. To have an impact, make the threshold smaller. Buildings that size are rare. Also, don't require the charging stations as much as the infrastructure that is required for the charging stations. Mann amended the last bullet item of his motion, "Consider requirements to include infrastructure for charging stations in multi - family and commercial developments ever 190,099 SqUaFe fee ; and." Davis stated a threshold isn't necessary, since this is a broad concept. The specific size would be in an enacting ordinance. On the first bullet item, remove the term "rapid," which is a specific high - voltage station that is only allowed as accessory to a service station. Mann stated he meant for all these to include the possibility for a rapid charging station. The term "charging unit" doesn't exclude a rapid charging station. He amended his motion to include "rapid" before "charging stations" in all instances in this new policy. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Davis submitted a handout (on file) recommending a change to Policy 6G -3, Brenner moved to amend Policy 6G -3 as presented by staff, "C -erte with EGUnty land use planning, eaerdisgate ikdal�ef tifocathen of aster- is -l- r-a eity Coordinate with adjacent jurisdictions to identify, design, and strategically implement needed system improvements in locations where jurisdictional interest overlap. Such locations include unincorporated urban growth areas adjacent to cities, and non -urban areas where existing or proposed facilities serve regional interests. Improvements should be designed to standards appropriate to the planned land uses served by the facilities. In unincorporated urban growth areas adjacent to cities, design should meet the appropriate city design standards." The motion was seconded.. Davis gave a staff report on the change. The Council of Governments technical advisory group recommended a policy about development standards for transportation facilities around UGAs. He's received feedback on this proposed amendment to Policy 6G -3 from several of the Cities. Public Works Department staff also reviewed it. Mann stated he would like to know what the Building Industry Association (BIA) thinks. In the past there were challenges about whether or not infrastructure should meet city standards. Special Committee of the Whole, 5/10/2016, Page 17 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 The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, and Donovan (5) Nays: None (0) Absent: Weimer and Sidhu (2) Longman submitted a handout of amendments from Councilmember Browne. He will schedule these proposals for discussion at the next meeting. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 3:38 p.m. tThc Council approved these minutes on June 14, 2016. ATTEST,') ��'f • +r �� ' Qr Dana Brown - David, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON *Baryuchana W, Council Chair Special Committee of the Whole, 5/10/2016, Page 18