HomeMy WebLinkAboutSpecial Committee of the Whole PM 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 1:20 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 9
1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON
WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTER 9, RECREATION
(AB2016 -047I)
The following people spoke:
Max Perry stated keep recreation plans in the Comprehensive Plan, not in a separate
plan, so it can go through the Planning Commission.
Christopher Bruce Deile stated Policy 9C -8, on pages 9 -11, should be changed. It's
impossible for people to get solitude because of wildlife biologists' hidden cameras. The
Plan should acknowledge the potential grizzly bear attack hazards on hiking trails. Hiking
guides in the North Cascade National Parks need to be armed with more than bear spray to
protect hikers from grizzly bears.
Barry Wenger stated two policies address private property rights in the
comprehensive planning policies. The shoreline master program also addresses the role of
property rights and the public trust doctrine. The Comprehensive Plan should reference the
language in these documents rather than make the Comprehensive Plan longer by repeating
it.
Todd Ellsworth, Recreation Northwest, stated he appreciates the attention to detail in
the recreation plan. Make sure the primary message in the plan is about bringing
businesses here to make recreation an economically viable industry that needs public access
to recreation areas.
Eric Brown, Whatcom Mountain Bike Coalition, stated he supports the proposed
Council changes. He described statistics from a recent study that his organization
conducted showing that trail access is very important to people. They need various types of
trails, from beginner to expert level trails. Consider buying and renovating the old Sudden
Valley campground.
Special Committee of the Whole - PM, 5/3/2016, Page 1
1 Daniel Probst, Cascade Mountain Runners, submitted a map (on file) and described
2 the Bellingham Mt. Baker Trail. On June 3 is a planned run from Bellingham to Mt. Baker
3 and back. These tourists will stay more than a day and spend money locally.
4
5 2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
6 PLAN CHAPTER 9, RECREATION (AB2016 -047I)
7
8 Sidhu asked how staff would cross reference the policy document with the Code. It's
9 a great idea, but he doesn't know if it's feasible.
10
11 Matt Aamot, Planning and Development Services Department, stated he can look into
12 the volume of work required.
13
14 Donovan referenced the Proposed Council Changes to Comprehensive Plan, Chapter
15 9, and moved to approve items 1 through 19 and 21 through 28, which concern comma
16 use and other non - substantive grammatical changes.
17
18 The motion was seconded.
19
20 The motion carried by the following vote:
21 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
22 Nays: None (0)
23
24 Brenner referenced item 20 in the Proposed Council Changes to Comprehensive
25 Plan, Chapter 9 and moved to amend Comprehensive Plan page 9 -14, lines 31 -36, "An
26 excellent source of information about existing and proposed future recreational
27 opportunities featuring shorelines is the Whatcom County Comprehensive Parks, Recreation,
28 and Open Space Plan ( CPROS Plan). The CPROS Plan contains detailed information and
29 maps which identify waterfront and shoreline recreational opportunities on both public and
30 private shorelines across the county." The language is duplicative. Something that is
31 proposed is in the future.
32
33 The motion was seconded.
34
35 The motion carried by the following vote:
36 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
37 Nays: None (0)
38
39 Browne referenced item 29 in the Proposed Council Changes to Comprehensive Plan
40 and moved to amend Comprehensive Plan page 9 -1, line 6 -11, "Recreational opportunities
41 in Whatcom County are abundant. The County's geography and its natural features
42 contribute greatly to opportunities for recreation. Bounded by sea and forested mountains,
43 with wide open vistas, and vibrant flowing rivers, streams, and tranquil lakes, Whatcom
44 County is a perfect spot for residents and visitors alike who seek a wide variety of outdoor
45 recreational experiences as well as entrepreneurs looking for a great place to grow a
46 recreation based business."
47
48 The motion was seconded.
49
50 Brenner suggested a friendly amendment, °...a recreation -based and other types
51 of businesses."
52
53 Browne accepted the friendly amendment.
Special Committee of the Whole - PM, 5/3/2016, Page 2
1
2 Mann suggested a friendly amendment to include language about attracting and
3 recruiting employees. "...a great place to locate businesses, attract employees, and grow
4 recreation -based and other types of businesses.
5
6 Browne accepted the friendly amendment. He amended his motion and moved to
7 amend Comprehensive Plan page 9 -1, line 6 -11, "Recreational opportunities in Whatcom
8 County are abundant. The County's geography and its natural features contribute greatly to
9 opportunities for recreation. Bounded by sea and forested mountains, with wide open
10 vistas, and vibrant flowing rivers, streams, and tranquil lakes, Whatcom County is a perfect
11 spot for residents and visitors alike who seek a wide variety of outdoor recreational
12 experiences as well as entrepreneurs looking for a great place to locate businesses, attract
13 employees, or grow recreation -based and other types of businesses."
14
15 The motion carried by the following vote:
16 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
17 Nays: None (0)
18
19 Browne referenced item 30 in the Proposed Council Changes to Comprehensive
20 Plan, and moved to amend Comprehensive Plan page 9 -3, lines 15 -17, "Existing Parks and
21 Recreation facilities and services are responsive to an increasing resident population, and
22 must also serve an increasing visitor population as Whatcom County increasingly becomes
23 Fflefe and fftere a regional and world class recreation destination."
24
25 The motion was seconded.
26
27 Mann stated the focus on the parks and recreation facilities and services seems
28 limited when there are many recreational opportunities that don't have anything to do with
29 County -owned programs. He asked why there is a focus on County parks and recreation
30 rather than access to community -wide programs.
31
32 Mike McFarlane, Parks and Recreation Department Director, stated this is a County
33 plan, and this is what the County uses for departmental planning efforts and budgeting to
34 achieve goals and objectives.
35
36 Mann asked if it would influence planning if they broadened the terms to reference
37 access to all recreation opportunities. McFarlane stated it would be complementary. It
38 would not impact anything the department is doing.
39
40 Mann stated a goal is to work with landowners at Galbraith Mountain to gain access.
41 It doesn't have to be a County park to be an asset to the community. Avoid different
42 messages regarding county -owned facilities versus coordinating and supporting efforts to
43 gain legal public access, which should be the broader mission.
44
45 Browne stated he's just asking to recognize that the right services will attract
46 tourists from outside the area who come here for longer than a day.
47
48 The motion carried by the following vote:
49 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
50 Nays: None (0)
51
52 Brenner referenced item 31 in the Proposed Council Changes to Comprehensive
53 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -2, lines 8 -11,
Special Committee of the Whole - PM, 5/3/2016, Page 3
1 "Recreation has always played an important role in the quality of life for Whatcom County
2 residents. Choices to ` recreate abound with three national wilderness areas, a national
3 forest, one national park, two national recreation areas, three state parks and a multitude of
4 county and local parks and trails all located within the County."
5
6 The motion was seconded.
7
8 The motion carried by the following vote:
9 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
10 Nays: None (0)
11
12 Brenner referenced item 32 in the Proposed Council Changes to Comprehensive Plan,
13 Chapter 9, and moved to amend Comprehensive Plan page 9 -3, lines 27 -33, "A joint
14 planning effort between Whatcom County Parks and Recreation Department and Whatcom
15 County Planning & Development Services Department ensures that Parks & Recreation
16 capital facilities improvement projects that are identified in the CPROS Plan, are consistent
17 with Whatcom County Comprehensive Plan Parks & Recreation Level of Service (LOS)
18 standards (adopted in WCCP Chapter 4), along with a six year financing plan for
19 improvement projects, including senior centers, addressed as part of the WCCP Capital
20 Facilities Element." Seniors aren't getting enough recognition. Senior services and senior
21 centers are handled by the Parks Department. They should be mentioned throughout.
22
23 The motion was seconded.
24
25 Donovan asked if they deleted language about senior centers or changed it to
26 community centers.
27
28 McFarlane stated the Parks Plan is a recreation and open space plan, so it doesn't
29 have a chapter on senior services. The County provides funding for senior services, and
30 there are senior centers in county -owned facilities. There are other contracted senior
31 services.
32
33 Sidhu asked if the additional language impacts policy- making. McFarlane stated
34 planning is done through the capital improvement plan.
35
36 Brenner stated it makes people aware that senior services are provided through the
37 Parks Department, not the Health Department.
38
39 The motion carried by the following vote:
40 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
41 Nays: None (0)
42
43 Donovan moved to approve items 33 through 36 in the Proposed Council Changes
44 to Comprehensive Plan, Chapter 9.
45
46 The motion was seconded.
47
48 Brenner referenced item 33 and stated add commas, "...providing recreation, senior
49 services, and facilities..." in both places in that policy.
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 - PM, 5/3/2016, Page 4
Browne referenced item 37 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -6, Policy 9A -2, "Because
of the unique features of the site, location within the county is not tee as important
a#-1 =yeti -g- r- Wiey�fiiList— #i-av -e as good road access."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne referenced item 38 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -6, Policy 9A -6, "If
possible, regional parks should be located on an existing or proposed trail route and ideally
should enhance countywide trail system connectivity." Reinforce the need to have an
integrated approach to the trail system.
The motion was seconded.
Brenner stated make "routes" plural.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner referenced item 39 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -7, Policy 9B -2, "Because
camping parks will attract many non - county residents, they should be recognized for their
tourism value but at the same time county residents should not subsidize the cost of
camping. Camping fees should pay for camp -site expenses." Fees are for campsite
expenses, not parks.
The motion was seconded.
Donovan asked if the fees would apply to county and non - county residents.
Brenner stated they would.
Sidhu asked the cost. McFarlane stated there are resident and non - resident fees
that cover the operating cost, not the capital cost or major improvements.
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, and Weimer (5)
Nays: Mann and Donovan (2)
Brenner referenced item 40 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -8, lines 13 -16, "While
essentially all trails are suitable for foot traffic, bicyclists and horseback riders find many
trails not adequately maintained or built to appropriate construction standards. Poorly built
or maintained trails are less enjoyable to travel and can induce safety hazards and damage
to the environment."
Special Committee of the Whole - PM, 5/3/2016, Page 5
1 Mann asked the point of these sentences in the Trail Systems section. Rather than
2 wordsmithing this section, he will consider whether the whole section is even necessary.
3
4 Donovan asked if the intent is to make bicyclist and horseback riders aware of safety
5 hazards.
6
7 Mann stated the intent is clear. Leave the language in there until they come up with
8 something better.
9
10 The motion carried by the following vote:
11 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
12 Nays: None (0)
13
14 Brenner referenced item 41 in the Proposed Council Changes to Comprehensive
15 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -8, lines 41 -43, "The
16 difficulties in obtaining continuous access through private lands is a major issue in trail
17 development that can discourage ems residents, planners, and administrators from
18 pursuing what might otherwise be a worthwhile project."
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 42 in the Proposed Council Changes to Comprehensive
27 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -9, lines 10 -13, "An
28 existing statute (RCW 4.24.210) offers some protections to landowners from liability where
29 they allow public access to their land without charge. Where access is denied, alternatives
30 shebi'd need to be considered."
31
32 The motion was seconded.
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
36 Nays: None (0)
37
38 Brenner referenced item 43 in the Proposed Council Changes to Comprehensive
39 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -10, Policy 9C -1, "Trails
40 should be interesting and attractive. Trails which follow natural water courses, pass
41 significant natural resources, traverse interesting scenery, or cross areas of outstanding
42 beauty provide interesting and enjoyable experiences for the trail user." It's duplicative.
43
44 The motion was seconded.
45
46 Weimer stated the words "interesting" and "attractive" mean different things.
47
48 Brenner amended her motion and moved to just amend the comma after
49 "scenery."
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 - PM, 5/3/2016, Page 6
Brenner referenced item 44 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -10, Policy 9C -4, "The
wet climate of Whatcom County may preclude extensive multi -use of some trails or require
seasonal limitations on Trail routes should take into account soil conditions, steep
slopes, surface drainage, and other physical limitations that could impact the areas from
over - use." It's also duplicative.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne referenced item 45 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -11, Policy 9C -8, "Hiking
trails should reach areas of natural beauty with the purpose of permitting the hiker to seek
areas of solitude and get away from the built environment, especially noise pollution." A
criteria should be awareness of places that don't have noise pollution.
The motion was seconded.
Brenner suggested a friendly amendment, "...especially noise and other
pollution."
Browne accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne referenced item 46 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -11, Policy 9C -17,
"Promote the integration of trails within subdivisions, planned unit developments and other
development proposals that provide internal circulation and connect to nearby recreational
opportunities and ideally enhance countywide trail system connectivity."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Donovan referenced item 47 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -12, Policy 9C -23,
"Provide bike lanes or wide shoulders where appropriate `OF trail CE)F_;dO_ neetien in
conjunction with major road improvements."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Special Committee of the Whole - PM, 5/3/2016, Page 7
Brenner referenced item 48 in the Proposed Council Changes to Comprehensive
Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -13, Policy 9C -25, "Hertz
North Lake Whatcom Trail Extension - Develop and implement a plan to either acquire
Rights of Way for a trail corridor along the abandoned RR R/W between the existing North
Shore Trail and Blue Canyon Road or PUFF to consider an alternative route to link these
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)
Browne referenced items 49 and 49b -f in the Proposed Council Changes to
Comprehensive Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -15, to
restore the section on Recreation Resource Management Areas (RRMAs). Citizens were
concerned that the recreation resource management area gave government control over
their land. He didn't find evidence to justify the concern, but recognizes that at some point
in the future they may want to identify areas where they could seek a trail easement, for
example, to create a trail connection. He respects the citizens' concerns and proposes
Policy 9F -5, to reinforce that they would demonstrate respect for private property rights
throughout the process, by recognizing that participation by private landowners must be
voluntary.
The motion was seconded.
Brenner identified typos in the proposed language.
Browne accepted the corrections as part of his motion.
Sidhu asked the reason the language was removed initially. McFarlane stated it was
in response to citizens who appeared before the Park Commission. Those areas have not
been in the Comprehensive Parks, Recreation, and Open Space ( CPROS) Plan since 1998,
but they were included in the County's Comprehensive Plan. Goal 9B identifies that it be
reinstated in the CPROS Plan.
Browne stated amend 49b, "...to be identified in the ..."
Weimer asked how valuable this is, if they haven't considered it in 15 years.
McFarlane stated it identified large areas in the county where recreation was taking place.
It's relevant today because the State Department of Natural Resources (DNR) is looking at
those same areas. The property ownership under the area was a combination of State,
County, private timberland, and private lands. The concern was from those who owned the
private land regarding what they could do with their land. However, all this does is identify
that those areas are important for recreational purposes.
Brenner moved to hold in Committee the items having to do with the CPROS, items
49b -e, to get more direction.
Sidhu seconded the motion to hold.
Special Committee of the Whole - PM, 5/3/2016, Page 8
1 Browne stated don't hold in Committee. It's just an overlay where they are
2 identifying areas for future consideration. It doesn't create any parks or infrastructure. It
3 improves their ability to negotiate with DNR to get access to areas they want. They can put
4 it back in the CPROS at a later date.
5
6 The motion to hold failed by the following vote:
7 Ayes: Brenner (1)
8 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
9
10 Mann stated the people's concerns about the RRMAs are somewhat misplaced, but he
11 is sympathetic. There is enough verbiage in the section to feed their fears. He's not going
12 to support the motion for that reason, although it could be a useful tool. As the section has
13 been written, he understands the concerns from private property owners. Specifically
14 mention that the section doesn't include any private land holdings.
15
16 Browne amended his motion and moved to approve items 49 and 49b,c,e,and f.
17
18 Brenner stated she won't support the motion. It needs to go through a committee
19 for review.
20
21 Mann moved to hold in Committee.
22
23 The motion was seconded.
24
25 The motion to hold in Committee carried by the following vote:
26 Ayes: Brenner, Mann, Buchanan, Weimer and Donovan (5)
27 Nays: Browne and Sidhu (2)
28
29 Weimer stated he's not clear when these RRMAs were created, last updated, or what
30 kind of process they went through. He would like that information. He would also like a
31 map of these areas.
32
33 Brenner referenced item 50 in the Proposed Council Changes to Comprehensive
34 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -18, Policy 9H -4,
35 "Expand the Plantation Rifle Range to meet the needs of ^��s residents, interested
36 organizations, and law enforcement agencies."
37
38 The motion was seconded.
39
40 Buchanan asked what are the interested organizations.
41
42 Brenner stated gun clubs use the gun ranges.
43
44 Mann suggested a friendly amendment, "...the needs of residents, eea
45 organizations, and...."
46
47 Brenner accepted the friendly amendment.
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 - PM, 5/3/2016, Page 9
1 Brenner referenced item 51 in the Proposed Council Changes to Comprehensive
2 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -20, Policy 9I -9,
3 "Galbraith /Lookout Mt. - Develop and implement a plan cooperatively to acquire Right -of-
4 Way for trail corridors and for the purchase or lease of additional park acreage, along with
5 pursuit of formal usage and mitigation agreements with private individuals or land owners,
6 to preserve or expand the recreational values for residents and tourists with reasonably
7 limited impact on both local residents and the environment."
8
9 Mann suggested a friendly amendment, "...for the purchase or lease of additional
10 pafk acreage, ...."
11
12 Brenner accepted the friendly amendment.
13
14 The motion carried by the following vote:
15 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
16 Nays: None (0)
17
18 Brenner referenced item 52 in the Proposed Council Changes to Comprehensive
19 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -21, Policy 91-5,
20 "Consider the establishment of park impact fees ."
21
22 The motion was not seconded.
23
24 Browne referenced item 53 in the Proposed Council Changes to Comprehensive
25 Plan, Chapter 9, and moved to amend Comprehensive Plan page 9 -21 to create a new
26 policy, "93-6: Experiment with novel public - private partnerships to provide facilities that will
27 provide a quality experience to draw tourists to Whatcom County's parks. Some examples
28 would be privately operated zip -line facilities and strategically located seasonal food trucks.
29 Part or all of the "rent" provided could be by the provision of privately funded public use
30 facilities such as toilets and shuttle buses used to service these private facilities."
31
32 The motion was seconded.
33
34 Weimer stated parks are often too well -used. Don't encourage greater over -
35 crowding.
36
37 The motion carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
39 Nays: Weimer (1)
40
41 Forrest Longman, Council Office, referenced additional information submitted to the
42 Council on April 29 from staff.
43
44 Mann moved to amend Comprehensive Plan age 9 -2, line 18, with changes to the
45 staff recommendation, "Access to recreation areas provides significant economic benefits
46 through tourism, retail sales, and business retention and recruitment. In Whatcom County,
47 recreation expenditures annually amount to $705 million in spending. This spending
48 supports over 6,500 jobs in a variety of industries. The recreation industry itself supports
49 279 businesses employing 3,728 persons with $508 million in revenues. County residents
50 spend an average of 78.1 days a year recreating compared to the state average of 59 days
51 annually (Source: 2015: Economic Contribution of Outdoor Recreation to Whatcom County,
52 Earth Economics)."
53
Special Committee of the Whole - PM, 5/3/2016, Page 10
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
(Clerk's note: The Council took a ten minute break at 3:00 p.m.)
COMPREHENSIVE PLAN CHAPTER 2
AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON
WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016-
047B)
The following people spoke:
Barry Wenger stated reference private property rights to the shoreline master plan
or countywide planning policies. Have all the similar language in one location. Also, they
need to address water supply in the policies.
John Miller stated he supports Policy 2A -14, the fourth bullet point, regarding the
purchase of development rights (PDR) program. He is also in favor of Policy 2M -7 about
creating more science on hydrologic continuity for the Nooksack River.
Brenner stated make sure there is a process to incorporate the public's suggestions
at a later time.
Buchanan stated they will have a meeting toward the end of the process to work on
miscellaneous items that come up.
Linda Twitchell, Building Industry Association, stated Chapter 2 is a good place to
address private property rights, which is a goal of the Growth Management Act (GMA). The
problem with transfers and purchases of development rights is that there is no guarantee
they can be used. Staff's suggested amendments submitted today for Goal 2A and Policy
2A -15 are an improvement. Whatcom County's role is limited.
Brenner asked for an explanation of the additional information submitted to the
Council today from Matt Aamot regarding changes to the Goal 2A and Policy 2A -15.
Matt Aamot, Planning and Development Services Department, stated the yellow
highlighted text are changes from Councilmember Weimer's original proposal.
Brenner asked if staff and legal counsel accept the change. Aamot stated they do.
Bob Weeks, Lynden Airport Advisory Board, referenced the proposed changes to
Policy 2Y -5. The Lynden airport location is confined. Expansion is not feasible. Keep the
current size and location. Don't approve the proposed change. The airport does not qualify
for Federal Aviation Administration (FAA) funding. There's no money for expansion. If
there were a major earthquake, all the bridges over the Nooksack River would be closed,
and this airport would be the only place where the military and others could get in to service
the entire north county.
Special Committee of the Whole - PM, 5/3/2016, Page 11
Browne stated it may be a good idea to look at locations for another airport north of
the river. Weeks stated the available flight corridor between Bellingham International
Airport and Abbotsford, B.C. airport is narrow.
Roger Almskaar submitted a handout (on fi /e) and stated he is concerned about the
tendency to write duplicative policies on the same subject in different chapters. Don't
include policies about water rights in the land use chapter. It's already in the environment
chapter. The same thing is happening with property rights and rural areas. Consolidate
these items.
Wendy Harris stated Chapter 2 is improved. She supports the changes made for
Birch Bay and the provision about studying and inventorying groundwater. The County is
not protecting groundwater. Chapter 2 is an appropriate place in the plan to address
property rights, but all they need to say is that property rights are protected through
variance permits, reasonable use permits, and by making sure that all regulations have a
nexus established by science to public health and safety. Engage the Wildlife Advisory
Committee to develop a recommendation of critical habitat and species area protections,
including a system to monitor the status of fish and wildlife habitat function.
Kane Hall stated he supports the new water policy from Councilmember Weimer.
The policy will fight sprawl and have positive impacts on water rights and availability issues,
while improving instream flows and respecting treaty rights. He supports Councilmember
Donovan's policies regarding the UGA.
Dan Eisses, Birch Bay Water and Sewer District, referenced a letter to the Council
and stated the District has facilities inside the 201 acres being considered for the Birch Bay
UGA. The main facility is a sanitary sewer pump station constructed in 1995 through a local
improvement district. The drainage area is larger than the 201 acres. The existing urban
growth area to the south needs to drain to that pump station. Without it in the urban
growth area, it could be considered an extension of sewer service through a rural area.
Clayton Petree stated PDRs work for retiring farmers, but not for working farms. The
policies and goals in Chapter 2 are disconnected from the population projections in Chapter
1. The rural allocation was previously based on the City of Bellingham allocation being
higher. If it isn't, they won't be able to achieve the GMA goal for reducing rural growth.
They are sending growth to communities surrounded by agriculture and with water issues.
Bellingham has the second biggest and oldest water right in the county. Areas such as Yew
Street fulfill Countywide Planning Policy D2. Don't push growth into the agricultural
protection zone. When comparing densities, use the gross density factor.
Patrick Alesse stated Birch Bay has enough water rights to double the population.
There is an area along Birch Bay Drive that has not been developed. Consider it for smaller
lots.
2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
PLAN CHAPTER 2, LAND USE (AB2016 -047B)
Weimer referenced the additional information submitted today regarding staff's
suggested amendments for Goal 2A and Policy 2A -15 and moved to approve Goal 2A as
suggested by staff, "Ensure designation of sufficient land and densities, with consideration
of water availability, to accommodate the growth needs of Whatcom County and protect the
local economy, rural lifestyle, habitat, fish and wildlife which are the cornerstone qualities
that make the county a desirable place to live."
Special Committee of the Whole - PM, 5/3/2016, Page 12
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2 The motion was seconded.
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4 The motion carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
6 Nays: None (0)
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8 Brenner referenced Barry Wenger's idea of putting all language in one place and
9 referencing it.
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11 Sidhu stated it's a good idea, but it's not achievable by June 30. Consider it for the
12 future.
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14 Brenner moved consider it as they go through the Comprehensive Plan. Also, the
15 proposed aquatic lands section needed to go through the entire process.
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17 The motion was not seconded.
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19 Matt Aamot, Planning and Development Services Deparatment, stated they decided
20 that the proposed new Aquatic Lands section would go to the Planning Commission and
21 through the whole process. This is a different subject.
22
23 Donovan stated that when considering growth, they must plan for land capacity and
24 water.
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26 Brenner asked if legal counsel approved the changes shown in the additional
27 information submitted today regarding staff's suggested amendments for Goal 2A and Policy
28 2A -15. She would rather meet with the attorney if councilmembers have more changes.
29 She moved to hold in Committee for legal review.
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31 The motion was not seconded.
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33 Weimer stated make it clear the State Department of Ecology (DOE) has
34 responsibilities it has not been living up to. The County needs to encourage them to live up
35 to their responsibilities, not take on those responsibilities. He referenced the Proposed
36 Council Changes to Comprehensive Plan, Tabled Items 2, and moved to amend the first
37 paragraph in Policy 2A -14, "Provide greater predictability to property owners regarding the
38 connection between legal water use, and land use and development by:
39
40 Mann stated he prefers the language shown in the additional information submitted
41 today. He suggested a friendly amendment to approve the first paragraph as shown in
42 staff's suggested amendments for the policy now numbered as Policy 2A -15, "Strive to
43 improve predictability to property owners regarding the connection between legal water use,
44 and land use and development by:..." The County has limited ability to provide water use
45 predictability.
46
47 Weimer accepted the friendly amendment.
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49 The motion was seconded.
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51
Special Committee of the Whole - PM, 5/3/2016, Page 13
1 The motion carried by the following vote:
2 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
3 Nays: None (0)
4 Abstained: Brenner (1)
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6 Brenner stated she abstained because they should talk to the attorney first.
7
8 Karen Frakes, Prosecutor's Office, stated she worked on and approved the language
9 submitted today regarding staff's suggested amendments for Goal 2A and Policy 2A -15.
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11 Weimer moved to approve a first bullet point in proposed Policy 2A -15, "Supporting
12 completion of groundwater studies that provide a better understanding of water quantities
13 available and the connection between groundwater use and in- stream flow levels."
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15 The motion was seconded.
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17 The motion carried by the following vote:
18 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
19 Nays: None (0)
20
21 Weimer moved to approve a second bullet point in proposed Policy 2A -15,
22 "Supporting the efforts of water purveyors to develop new legal water sources and the
23 infrastructure and systems necessary to transport that water to existing water users that
24 lack safe potable water or sufficient water rights."
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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 Weimer moved to approve a third bullet point in proposed Policy 2A -15,
33 `Encouraging a negotiated quantification of tribal water rights by supporting the Lummi
34 Nation's request to the federal government for a limited adjudication of tribal water rights."
35
36 The motion was seconded.
37
38 Brenner stated she supports the version proposed by staff in the language submitted
39 today regarding staff's suggested amendments for Goal 2A and Policy 2A -15. In a
40 negotiated quantification, many of the user parties aren't involved. They are taking a
41 position that appears to support what they want.
42
43 Weimer stated they may never get to a federally- mandated negotiation of water
44 rights, but this encourages the parties to get back to the table. There's no incentive for
45 anyone to negotiate at this point. Ecology is again not doing its job.
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47 Brenner stated not doing this gives people more incentive to get back to the table.
48 The County should not be supporting that request. The federal government hasn't done
49 anything yet. There has to be a reason the federal government is not following through.
50 Councilmember Weimer's proposed language will hurt them during negotiation, because it
51 implies that the County supports getting the government involved. The County will do a lot
52 better by continuing to work on it. She doesn't want the federal government to make the
53 decision.
Special Committee of the Whole - PM, 5/3/2016, Page 14
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2 Browne stated he prefers the staff's recommendation. The County's role is as an
3 impartial mediator, and it should not take a position on the issue or get involved in dictating
4 what the process should be.
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6 Mann asked how this would speed up or help the process. Right now, he's partial to
7 their neutral status.
8
9 Weimer stated the language in the motion would keep the County neutral about the
10 actual outcome. It also encourages the parties to continue negotiating quantification. No
11 one is negotiating right now because there is no incentive to do so. Encourage continued
12 negotiation by writing a letter to the federal government asking that they begin the legal
13 process unless people come back to the negotiation table. The federal government doesn't
14 want to go through a legal process either.
15
16 Browne stated the farmers have an incentive, because they want clarity on the issue.
17 They don't need additional incentive. He's not sure if this would change the Tribe's
18 incentive.
19
20 Brenner stated the version of the language from staff and the attorney gives other
21 water users opportunity to be involved.
22
23 Donovan stated he likes the intent of Couniclmember Weimer's language. They have
24 been waiting for water quantification and definition for as long as he can remember. Staff's
25 version is missing quantification language, which is necessary.
26
27 Sidhu stated the Nooksack Tribe and other users are not mentioned in
28 Councilmember Weimer's language. The County should stay neutral. The best settlement
29 would be done by the parties at the negotiation table. If it becomes a legal battle, everyone
30 loses. All parties have to be encouraged. Federal and state governments won't understand
31 their local needs. He supports the staff's version.
32
33 The motion failed by the following vote:
34 Ayes: Buchanan, Weimer and Donovan (3)
35 Nays: Mann, Sidhu, Browne, and Brenner (4)
36
37 Browne moved to approve a third bullet point in proposed Policy 2A -15,
38 "Encouraging a negotiated water rights quantification and settlement between the Lummi
39 Nation, Nooksack Indian Tribe and other water users in the Nooksack River basin."
40
41 The motion was seconded.
42
43 Brenner asked what the attorney thinks about the motion. Frakes indicated it is
44 okay.
45
46 The motion carried by the following vote:
47 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
48 Nays: None (0)
49
50 Weimer moved to approve a fourth bullet point in proposed Policy 2A -15,
51 "Encouraging the Department of Ecology to better commit to their responsibilities to protect
52 instream flows, particularly in times of extreme low summer flows." Last summer, there
Special Committee of the Whole - PM, 5/3/2016, Page 15
1 were extremely low summer flows. People were drawing water illegally, using it very
2 inefficiently, and Ecology was doing nothing about it.
3
4 The motion was seconded.
5
6 Browne stated he is against the motion. They haven't answered the question of
7 what happens to large users who don't have water rights, particularly the farmers. He
8 agrees with the spirit of the motion, but must first define the consequences to the
9 agriculture sector before they start doing enforcement.
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11 Brenner asked if sisterns and reservoirs are possibly legal. Frakes stated she doesn't
12 have the expertise to know the answer to the question.
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14 Brenner stated sisterns are good at conserving water and preventing evaporation.
15 Frakes stated they don't need an answer to the question to write a policy.
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17 Brenner stated the language seems very accusatory. Stick with what the County can
18 do.
19
20 Sidhu stated add language about Ecology's responsibility to deal with water rights
21 applications from farmers. Also, explore the possibility of upstream water storage, beyond
22 where salmon go, so there is some control of instream flows. It would benefit everyone and
23 could be done in an environmentally safe manner. Find long -term solutions.
24
25 Mann suggested a friendly amendment, "Encouraging the Department of Ecology
26 to beat_ commit to thee�rr-espaRsib+lft+es to protect instream flows...."
27
28 Weimer accepted the friendly amendment.
29
30 Browne stated the staff version is more about finding a solution to the problem as
31 opposed to telling someone else to find a solution.
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33 Weimer stated staff's language is the list of items that has been in the Watershed
34 Management Plan for over ten years, but nothing has been done. If they want something to
35 happen, they must encourage people. He tried to address concerns about cutting off
36 people's water rights by removing that section. He isn't asking Ecology to enforce all water
37 rights. He's asking them to pay attention to the particularly extreme flows in the water.
38
39 Browne stated the County has more control over what it is supposed to do and
40 where it should put its resources. Putting emphasis on Ecology takes it out of the County's
41 control.
42
43 Weimer stated he supports recommitting to the things Whatcom County can do. A
44 lot of this is the responsibility of the Department of Ecology, and they should call it out.
45
46 Brenner stated just invite someone from Ecology to attend a meeting and ask them
47 about it without calling them out on paper.
48
49 The motion carried by the following vote:
50 Ayes: Mann, Donovan, Buchanan, Weimer (4)
51 Nays: Sidhu, Brenner and Browne (3)
52
Special Committee of the Whole - PM, 5/3/2016, Page 16
Frakes stated include staff's language in Councilmember Weimer's version. They
aren't inconsistent or redundant.
Browne moved to add a fifth bullet point in proposed Policy 2A -15, "Coordinating
with the Department of Ecology to find solutions to provide adequate water for out -of-
stream users while protecting in- stream flows. Potential solutions may include
consideration of recycling, conservation, water banking, public water system interties,
stream recharge augmentation, change in place of use, and other alternative water supply
measures."
Brenner suggested a friendly amendment to add, "...the use of a desalinization
plant, and other alternative water supply measures."
Browne accepted the friendly amendment.
Buchanan restated the motion to add a fifth bullet point in proposed Policy 2A -15,
"Coordinating with the Department of Ecology to find solutions to provide adequate water
for out -of- stream users while protecting in- stream flows. Potential solutions may include
consideration of recycling, conservation, water banking, public water system interties,
stream recharge augmentation, change in place of use, desalinization, and other alternative
water supply measures."
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Weimer moved to add a sixth bullet point in proposed Policy 2A -15, "Working with
the Department of Ecology to better undertake their responsibilities by encouraging them to
create a clear explanation of how exempt wells and closed water basins do not violate
instream flows and current water rights based on recent legal decisions on hydraulic
continuity." At this point, the County is put in the middle of the issue. Ecology must
better - define its policy so the County is not stuck with lawsuits.
Mann suggested a friendly amendment, "Request the Department of Ecology to
explain how exempt wells and closed water basins do not violate...."
Weimer accepted the friendly amendment.
Frakes asked why this has to be a policy in the Comprehensive Plan and why the
Council can't just write a letter to Ecology making the request. In Whatcom County, the
rule has been interpreted by Ecology as not effecting exempt wells, even though basins are
closed to surface water withdraws. It's confusing what they are asking Ecology to explain.
Weimer stated he's looking for an explanation of why the County is giving people the
ability to drill wells. Frakes stated wait for resolution of the court case.
The motion was seconded.
Brenner stated this doesn't belong in the Comprehensive Plan. Invite Ecology to talk
to the Council directly about these things.
Special Committee of the Whole - PM, 5/3/2016, Page 17
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Weimer stated they've talked about it at the Planning Unit and a number of other
times. He's looking for a concise, written statement from Ecology that takes the County off
the hook.
Browne suggested a friendly amendment, "Request the Department of Ecology
to create a water management system for exempt wells in closed water basins that better
aligns instream flows with current water rights and legal decisions on hydraulic continuity."
Weimer accepted the friendly amendment.
The friendly amendment was seconded.
Frakes stated the Department of Ecology doesn't have jurisdiction over exempt wells.
Ecology can't have a permit system here for exempt wells, because exempt wells aren't
subject to the rule. Get rid of this policy altogether.
Browne stated replace language, "...water management systeffi plan...."
Brenner stated the exempt wells are exempt from having a water right.
The motion carried by the following vote:
Ayes: Mann, Sidhu, Browne, Weimer and Donovan (5)
Nays: Brenner (1)
Absent: Buchanan (out of the room) (1)
Browne referenced the Proposed Council Changes to the Comprehensive Plan for
Chapter 2, Tabled Item 3, and stated he withdraws his proposed amendment.
Donovan referenced the Proposed Council Changes
Chapter 2, Item one on Council packet page 321. Remove
growth area (UGA). The need is marginal, only 12 people.
It's not an area that will have a lot of development. Blaine
capacity. He would like to have a conversation about the
Birch Bay's UGA if it does not incorporate. The question is
growing the UGA without expectation that Birch Bay will
reconsider the Birch Bay UGA.
The motion was seconded.
to the Comprehensive Plan for
the 201 acres from the urban
It's located in the flood plain.
just to the north, has a huge
long -term plan for expanding
whether they want to continue
incorporate. He moved to
Brenner stated that if the area is in the UGA Reserve, the water and sewer can't
develop beyond rural standards. There is no problem with it remaining in the UGA. There
are rules to prevent development in certain areas. Services are already there.
Donovan stated the rules suggest that they limit development in flood plains to
agricultural non -urban uses, which suggests that they shouldn't add this to an urban growth
area. It's low -lying land. The surrounding areas aren't developing much.
Mann stated he supports the motion for the reasons Councilmember Donovan
articulated.
Brenner stated the area has water service already. If removed, the district can't use
it for development anywhere in the UGA or the City.
Special Committee of the Whole - PM, 5/3/2016, Page 18
1 Mann stated it's not a UGA now.
2
3 Donovan stated they aren't taking it out of the UGA. The proposal was to include the
4 area in the UGA.
5
6 Aamot stated sewer is an urban service, so can't be provided to sites within an area
7 that is not in the UGA. Water can be provided at rural densities.
8
9 Mann stated the pump station in the area would not have to be taken out of service
10 if the area was not in the UGA.
11
12 Dan Eisses, Birch Bay Water and Sewer District, stated the pump station is located
13 within the proposed 201 acres. It was installed in 1995 under the UGA rules current at that
14 time. The pump station services areas to the north and south that are in the UGA. If the
15 201 acres aren't included in the UGA, the District can't extend service to any property in the
16 201 acres. His biggest concern is their ability to connect areas to the south to this pump
17 station in the future.
18
19 Sidhu stated the District can extend its infrastructure, but it can't let anyone in the
20 201 acres connect to it.
21
22 Mark Personius, Planning and Development Services Department, stated the District
23 is allowed to install a transmission line through a rural area, but no one in the rural area can
24 connect to the line. A transmission line can connect to urban areas as long as it doesn't
25 serve the rural area in between, according to the Growth Management Act. It's okay that
26 the pump station is located in the rural area.
27
28 Browne asked if the wetlands area would be restricted for development. Personius
29 stated that's correct. Generally, clustering and mitigation would be required on parcels with
30 wetlands. In a case like this, staff proposes leaving the density the same as it is now.
31 Don't increase the density at all. The only density increase would be to the areas east of
32 the road.
33
34 Donovan stated there are times when they may want to cluster development in areas
35 like this, but this area is barely needed. Keep it out of the urban growth area. It won't
36 affect what could potentially happen in the general commercial (GC) area.
37
38 Donovan restated the motion to keep the 201 acres out of the UGA. Leave it as
39 an urban growth reserve, which is the current status.
40
41 Brenner moved to hold in Committee to get clarification from staff and Mr. Eisses.
42
43 The motion to hold in Committee was not seconded.
44
45 The motion carried by the following vote:
46 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
47 Nays: Brenner (1)
48
49 Donovan stated they need more discussion on Chapter 2 at another meeting.
50
51 Sidhu stated they need to schedule special meetings.
52
53
Special Committee of the Whole - PM, 5/3/2016, Page 19
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COMPREHENSIVE PLAN CHAPTER 3
1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON
COMPREHENSIVE PLAN CHAPTER 3, HOUSING (AB2016 -047C)
This item was not addressed.
2. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE
PLAN CHAPTER 3, HOUSING (AB2016 -047C)
This item was not discussed.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:01 p.m.
Thegtng4lt approved These minutes on June 14, 2016.
ATTES'fi' ," .,`/•'�� ri,, WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
IT
DaFZa BraAr. fga ,- ,Cod'ncil Clerk Barry uchana Council Chair
F1, i n
Jill Nixon, Minutes Transcription
Special Committee of the Whole - PM, 5/3/2016, Page 20