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HomeMy WebLinkAboutSpecial Committee of the Whole June 21 20161 WHATCOM COUNTY COUNCIL 2 Special Committee of the Whole 3 4 June 21, 2016 5 6 7 CALL TO ORDER 8 9 Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council 10 Chambers, 311 Grand Avenue, Bellingham, Washington. 11 12 13 ROLL CALL 14 15 Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, and Barry 16 Buchanan. 17 Absent: Ken Mann and Rud Browne 18 19 20 PUBLIC COMMENT 21 22 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON THE 23 FOLLOWING WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTERS: 24 . CHAPTER 2, LAND USE (AB2016 -0478) 25 . CHAPTERS, UTILITIES (AB2016 -047E) 26 • CHAPTER 6, TRANSPORTATION (AB2016 -047F) 27 • CHAPTERS, RESOURCE LANDS (AB2016 -047H) 28 • CHAPTER 10, DESIGN (AB2016 -0477) 29 . CHAPTER 11, ENVIRONMENT (AB2016 -047K) 30 . APPENDIX G, TRANSPORTATION IMPACT FEE BACKGROUND 31 INFORMATION (AB2016 -047L) 32 33 Jack Petree submitted and read from his testimony (on file) regarding designated 34 lands of long -term commercial significance, no Birch Bay and Columbia Valley city -level 35 updates, development not within planning horizons, park land zoned commercial forestry, no 36 affordable housing component, mandated countywide planning policies, and making the 37 County Comprehensive Plan consistent with City comprehensive plans. 38 39 Matt Aamot, Planning and Development Services Department, stated lands designated 40 agriculture and forestry on the map are long -term commercial forestry lands, subarea plans 41 will need to be updated, City and County plans have to be consistent, and they are working 42 together. 43 44 Karen Frakes, Prosecutor's Office, stated it's the County's job, not the Cities', to 45 establish urban growth areas (UGAs). 46 47 Barry Wenger stated make sure the Comprehensive Plan is consistent with the 48 shoreline master plan. Use the correct terms that have been vetted by court cases. Support 49 recommendations from the Wildlife Advisory Committee, Sustainable Connections, and 50 Environmental Work Group. Change Code language to allow permits to sunset. 51 52 Linda Twitchell, Building Industry Association, stated don't do away with vesting. The 53 County must protect private property rights and environmental rights equally. Define Special Committee of the Whole, 6/21/2016, Page 1 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 "aquatic" in the new aquatic lands section, which shouldn't be in the resources section. The resources section is supposed to be for resources necessary to support industry. Rather than trying to limit complaints about agricultural activity, emphasize the right -to -farm laws. Pam Borso referenced the ReSources handout from Karlee Deatherage regarding water sufficient to support the viability of the local agricultural industry and instream use. Add policies about creating a baseline inventory for habitat conservation areas and wetlands. Make sure there is no net -loss of wetlands. Monitor mitigation results. Carole Perry stated this process is too complex. Make the Planning Unit the planning commission of water. Karlee Deatherage, Resources for Sustainable Communities, submitted and read from a letter (on file) and suggested several changes. Dannon Traxler, Farm Bureau Representative, stated she retracts an earlier suggestion regarding buffers required on all new non - agricultural uses on land located adjacent to agricultural activities. Also, Appendix G is very difficult to understand. It must be simplified and streamlined. Max Perry stated consider that weather changes naturally when working on the environmental section. Pam Brady, BP Cherry Point Refinery, discussed concerns about new policy 2CC -12 regarding the Magnuson amendment. Don't incorporate the amendment into the Comprehensive Plan. Don't create a competitive disadvantage in the industry. Wendy Harris stated the environment chapter must consider candidate and monitored species in addition to endangered species. Make saving riparian zones a priority. COMPREHENSIVE PLAN CHAPTER 2, LAND USE 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016 -047B) Brenner moved to amend Comprehensive Plan page 2 -13, policy 2F -6, "Monitor incentive programs on a five -year basis to ensure the comprehensive plan goals are being achieved. Develop an alternate approach if necessary:, using adaptive management steps to effect compliance with individual programs." This would clarify what an alternative proposal would be. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: None (0) Absent: Mann and Browne (2) Donovan moved to amend Comprehensive Plan page 2 -78 to create a new policy, "2CC -12: It is the policy of Whatcom County to have zoning and land use practices consistent with 33 USC Sec. 476[b]. As such, no officer, employee, or other official of Whatcom County shall, or shall have the authority to issue, renew, grant, or otherwise grant Special Committee of the Whole, 6/21/2016, Page 2 1 or approve any easement, vacation of right -of -way, permit, license, or other authority that 2 facilitates constructing, renovating, modifying, or otherwise altering a terminal, dock, or 3 other facility in, on, or immediately adjacent to, or affecting the navigable waters of the 4 Salish Sea (Puget Sound), which may result in any increase in the volume of crude oil 5 capable of being handled at any such facility, other than oil to be refined for consumption in 6 the State of Washington. 7 Whatcom County zoning code shall reflect this policy." 8 9 He stated this is language from the Magnuson Act to prevent increased volume of 10 crude being exported from the Puget Sound area. There are concerns about more oil trains 11 coming through the area. The refinery should continue and the jobs should stay here. Don't 12 engage in years of a permitting process if they know the State or federal government won't 13 allow it. 14 15 The motion was seconded. 16 17 Karen Frakes, Prosecutor's Office, stated she is available to speak with 18 councilmembers about this in executive session. She has personally been told that this may 19 be a basis for a challenge by an attorney. 20 21 Brenner moved to go into executive session to discuss potential litigation for no 22 longer than 15 minutes. 23 24 The motion was seconded. 25 26 Sidhu stated it's possible that the refineries can use the tank farm to ship oil oversees 27 for refining and then bring the refined oil back. There would only have to be 20 jobs. 28 Existing jobs will be eliminated. He wants assurance that the refinery will continue to refine 29 oil, not just transport oil in and out of the country. 30 31 Weimer stated he has prepared a comprehensive amendment to the Cherry Point 32 area. 33 34 Councilmembers discussed the deadline for presenting amendments and the possibility 35 of delaying an executive session discussion until all councilmembers are present. 36 37 The motion to go into executive session carried by the following vote: 38 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 39 Nays: None (0) 40 Absent: Mann and Browne (2) 41 42 (Clerk's Note: The Council was in executive session from 2 :35 p.m. to 2 :46 p.m.) 43 44 Donovan moved to hold in Committee until they hear more from the attorney and 45 policy analyst. 46 47 The motion was seconded. 48 49 The motion carried by the following vote: 50 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 51 Nays: None (0) 52 Absent: Mann and Browne (2) 53 Special Committee of the Whole, 6/21/2016, Page 3 1 Brenner moved to amend Comprehensive Plan page 2 -78 to create a new policy, 2 "2CC -13: Cooperate with the DNR and existing industries to monitor the effects of industrial 3 activities on water quality and habitat functions in and adjacent to the Cherry Point Aquatic 4 Reserve." 5 6 The motion was seconded. 7 8 The motion carried by the following vote: 9 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 10 Nays: None (0) 11 Absent: Mann and Browne (2) 12 13 Donovan moved to amend Comprehensive Plan page 2 -6, to create a new policy, 14 "2A -14: Strive to establish by December 2017, a clear, predictable, and fair process for 15 allowing expansion of urban growth areas that considers reasonable measures to mitigate 16 the impacts of residential development in rural lands, agricultural areas (broadly defined), 17 and sensitive watersheds. This process should include: 18 19 Convening a multi - stakeholder work group, including the cities, —and potential 20 TDR /PDR users in the building industry who will be exchanging development rights. The 21 process and program should include: 22 • Reviewing the current TDR and PDR programs. 23 • Identifying political, financial, and regulatory barriers to effective TDR and PDR 24 programs. 25 . Identifying opportunities and solutions for creating a workable TDR program. 26 • Identifying mechanisms to create a PDR fund that could be used to protect 27 important agricultural and rural lands. 28 • Recommending policy and regulatory amendments necessary to implement the 29 above policy: 30 • Identifying proposed sending areas in critical areas, the Agricultural Zone, and the 31 Rural Study Areas. 32 . Identifying receiving areas. 33 . Identifying other factors and /or growth management tools. 34 . Exchangeable development rights that have economic value, with the potential for 35 multiple methods of assigning and converting value. 36 • Interlocal agreements that grant economic value to exchangeable development 37 rights and that insure development rights can be used in receiving areas. 38 39 Based upon the findings of the multi - stakeholder work group, consider strategies 40 that could require purchase, transfer or otherwise incentivize removal of potential 41 development rights form rural or resource lands in exchange for UGA expansion and other 42 upzones. 43 44 The motion was seconded. 45 46 Brenner stated include people who are involved in building houses, not just people 47 from the Building Industry Association. They should contribute ideas for making a program 48 work. 49 50 Donovan amended his motion to include two bullet points from Councilmember 51 Brenner's proposed language after the first paragraph, "...This process should include: 52 Consultation with a focus group of potential TDR /PDR users in the building 53 industry. Special Committee of the Whole, 6/21/2016, Page 4 Interlocal agreements to ensure approval of all jurisdictions before any TDR /PDR program is implemented that could affect the jurisdictions. Convening a multi - stakeholder work group..." Matt Aamot, Planning and Development Services Department, asked if the first paragraph is for people to mitigate their own impacts for the expansion of the urban growth area or from impacts occurring out in the hinterland by someone else. Councilmembers discussed cause and effect, expanding the urban growth areas, and a general voluntary program. The motion carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: None (0) Absent: Mann and Browne (2) pp,,�� Brenner moved to amend Comprehensive Plan page 2 -23, Goal 2P, "Eneeurag -e ,Re 14s-h— 7 Y4 -1'esi ,-I •• •w'G'CTR"!Zi'l -d en 7. R-11 four units per net residential acre; eneeuFage Ferndale te establish new 'den-t; I dev-6-ap 4es ' ; eFICOUPaige i , r.,de to establish five 9— tei-'1— tFnits pef net residential aEFe; and ence ning smaller cities to establish new residentlaf epm_-.n,II- at - , ..-vol-Hee respecting - - Y ON ONOM- C..7 -8- lita i n e 617{ " t— atere; -Eversen four te six units per net acre,, 9---Noeksack four te six units per net f and • Sangas feur te six units per met acre.; 7 Z 7 w Work cooperatively with all jurisdictions to determine new residential development densities that each jurisdiction approves. Aamot described the existing goal from which this language came. The cities indicated that they could live with this language, which is an alternative to language the cities originally didn't like. Brenner withdrew her motion, Special Committee of the Whole, 6/21/2016, Page 5 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 COMPREHENSIVE PLAN CHAPTERS, UTILITIES 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 5, UTILITIES (AB2016 -047E) Brenner moved to amend Comprehensive Plan page 5 -10, Policy 51-1-1, "Land use regulations shall be consistent with the renewable energy goals and other goals in this chapter. Whatcom County zoning ordinances related to all types of renewable energy shall be reviewed and revised using working ordinances developed by other jurisdictions and peer- reviewed organizations as guides. The county shall complete a renewable resource and environmental impact study to identify all areas of the county that are suitable for different types of renewable energy, as well as areas to avoid. Areas identified as suitable shall be defined as energy overlay zones, within which different types of energy development that do not cause any public health issues, may be permitted outright. Renewable energy that does not cause any public health or environmental issues shall be encouraged in these zones." The motion was seconded. The councilmembers discussed whether an environmental impact statement (EIS) should or shall be conducted; whether the definition of renewable includes things like tidal energy and digesters and how in -depth a study would be; applying the same regulations instead of creating new regulations for renewable energy sources; making sure the County doesn't get in the way of renewable energy projects; health impacts from wind turbines; Buchanan moved to approve a substitute motion with amendments suggested by staff, "Land use regulations shall be consistent with the renewable energy goals and other goals in this chapter. Whatcom County zoning ordinances related to all types of renewable energy shall should be reviewed and revised using working ordinances developed by other jurisdictions and peer- reviewed organizations as guides. eemplete-a bl n a areas of the county tha afe su itaW �r —d KeFe i y f--— Ae energy, as well as areas to aveid. AFeas we , led as sudta­ .. - --all be defined as everlay zones, within ch diffefent+fpes-� del . e. „mot-- caLise -anw - pti-blic, alt -ii ees; may- . Renewable energy that does not cause ai=q significant public health or environmental issues shall be encouraged in these zones." The motion to approve the substitute motion was seconded. The substitute motion carried by the following vote; Ayes: Sidhu, Buchanan, Weimer and Donovan (4) Nays: None (0) Absent: Mann and Browne (2) Abstains: Brenner (1) Brenner moved to amend Comprehensive Plan page 5 -9, Policy 51-1-2, "Encourage and support the development of renewable energy projects and technologies, including pursuing renewable energy supply portfolios for the County from power suppliers as well as small local renewable energy projects...." Special Committee of the Whole, 6/21/2016, Page 6 1 The motion carried by the following vote: 2 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 3 Nays: None (0) 4 Absent: Mann and Browne (2) 5 6 Brenner moved to amend Comprehensive Plan page 5 -9, Policy 51-1-2, "...such as 7 anaerobic digesters, solar and wind energy, and biomass, where applicable." 8 9 Sidhu described what biomass is and suggested a friendly amendment, "...such as 10 anaerobic digesters, solar and ...wind energy, and biomass, and other forms of renewable 11 energy, where applicable." 12 13 Brenner accepted the friendly amendment. 14 15 The motion was seconded. 16 17 The motion carried by the following vote: 18 Ayes: Brenner, Sidhu, Buchanan, and Donovan (4) 19 Nays: Weimer (1) 20 Absent: Mann and Browne (2) 21 22 Weimer stated he recalls the problems with Recomp and incineration. 23 24 Brenner moved to reconsider. 25 26 The motion to reconsider was seconded. 27 28 The motion to reconsider carried by the following vote: 29 Ayes: Brenner, Buchanan, Weimer and Donovan (4) 30 Nays: Sidhu (1) 31 Absent: Mann and Browne (2) 32 33 Brenner moved to amend Comprehensive Plan page 5 -9, Policy 51-1-2, "...such as 34 anaerobic digesters, solar and wind energy, and biefflass other forms of renewable energy, 35 where applicable." 36 37 The motion carried by the following vote: 38 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 39 Nays: None (0) 40 Absent: Mann and Browne (2) 41 42 Donovan moved to amend Comprehensive Plan page 5 -10 to create a new policy, 43 "5H -5: The Whatcom County zoning ordinance related to wind and other renewable energy 44 systems shall be reviewed and revised to encourage reasonable opportunities for Wind 45 renewable energy at all scales." 46 47 The motion was seconded. 48 49 Councilmembers discussed whether they've already done this when they rewrote 50 policy 5H -1. 51 52 Donovan withdrew his motion. 53 Special Committee of the Whole, 6/21/2016, Page 7 1 Brenner moved to amend Comprehensive Plan page 5 -10, Policy 51-1-4, "Locate 2 sefar renewable energy generation equipment on County facilities where cost /benefit 3 analyses prove advantageous over the life cycle of the facilities." 4 5 The motion was seconded 6 7 The motion carried by the following vote: 8 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 9 Nays: None (0) 10 Absent: Mann and Browne (2) 11 12 Weimer moved to amend Comprehensive Plan page 5 -5, to delete lines 12 -16, 13 "GountyMde-- Ranr4ng Pei eies, epee spa ace, -g-e nway he environment, zoning, existiFig 14 development patterns-,—urban terms' , , 15 ec+c; a n# geega p I, . ieia r�h eations 16 Iry t-r"ewe r- andf o-r- Raffia -gas corr; „ 17 18 The motion was seconded. 19 20 The motion carried by the following vote: 21 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 22 Nays: None (0) 23 Absent: Mann and Browne (2) 24 25 26 COMPREHENSIVE PLAN CHAPTER 6, TRANSPORTATION 27 28 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON 29 COMPREHENSIVE PLAN CHAPTER 6, TRANSPORTATION (AB2016- 047F) 30 31 The Committee did not discuss this item. 32 33 34 COMPREHENSIVE PLAN CHAPTERS, RESOURCE LANDS 35 36 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON 37 COMPREHENSIVE PLAN CHAPTERS, RESOURCE LANDS (AB2016 -047H) 38 39 Brenner moved to amend Comprehensive Plan page 8 -3, lines 1 -3, "The purpose of 40 this section is to provide a clear set of guidelines that preserves the agricultural base in 41 Whatcom County, prioritizes the human need for food, fiber, shelter and energy and ensures 42 that both the agricultural industry and the cultural heritage thrive in the years to come." 43 44 Sidhu stated he worked with the agricultural community on this chapter and these 45 proposed amendments. 46 47 The motion was seconded. 48 49 The motion carried by the following vote: 50 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 51 Nays: None (0) 52 Absent: Mann and Browne (2) 53 Special Committee of the Whole, 6/21/2016, Page 8 Brenner moved to amend Comprehensive Plan page 8 -5, line 31, " Whatcom County agriculture is widespread and diverse, ranging from small, organic farms in the Mt. Baker Foothills to cold- storage facilities in Bellingham, and includes orchards, dairies, cattle ranches, produce farms, and nurseries, to name a few. Our farms are the country's top producers of red raspberries and are also major producers of milk, beef, blueberries, potatoes, nursery products, and many other agricultural commodities. The economic impacts of agriculture on Whatcom County are substantial. According to the U.S. Department of Agriculture's 2012 Census of Agriculture, 1,483, Whatcom County farms produced a market value of $326 million in crops and livestock that year, ranking eighth in the state. Milk produced locally in 2013 reached an all -time high market value of $246.1 million. Raspberries and blueberries combined for a record market value of $123.6 million in 2014. Average annual agricultural employment in Whatcom County in 2014 was 3,512, with substantial seasonal variation within that average, according to the Washington State Employment Security Department. Locally, agricultural jobs soared to 5,661 in the third quarter of 2015. In addition, farms and support businesses, such as equipment retailers, veterinarians, processing facilities, and feed suppliers employ many Whatcom County residents." Karin Baringer, Planning and Development Services Department, answered questions on the most recent source material. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: None (0) Absent: Mann and Browne (2) Brenner moved to: • Amend Comprehensive Plan page 8 -5, lines 35 -39, "Agricultural activity is generally considered to be a condition or activity which occurs on agricultural land in connection with the commercial production of agricultural products. Agricultural land may include, but not be limited to can be .,.,,......:bed as the land, +ifrrg freshwater ponds, buildings, infrastructure, and machinery used in the commercial production of agricultural products. Agricultural products are those plants and animals useful to humans. Commercially viable agricultural products require generally rich and fertile soil with appropriate amounts of water to bring them to a harvestable stage." • Amend Comprehensive Plan page 8 -5, lines 43 -46, "Agricultural lands are an important resource to the people of Whatcom County and Washington State, yet if net and need to be adequately protected as necessary through zoning and otheF .,o,.,aSUFes voluntary measures , such as PDRs, and workable TDRs programs, these lands Fnay be eenver tsrbairtr -ual tomes." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: None (0) Absent: Mann and Browne (2) Special Committee of the Whole, 6/21/2016, Page 9 1 2 Brenner moved to amend Comprehensive Plan page. 8 -8, line 5, "The state 3 legislature has recognized that agriculture faces unprecedented international market 4 competition and costs. Low profit margins have pushed many agricultural operations out of 5 business, which can be seen in the decline of Whatcom County's agricultural land base from 6 1949 to 2012. The continued loss of working agricultural land also harms critical areas 7 because, as the Puget Sound Partnership has noted, farm and cattle ranch lands deliver 8 critical area outcomes that are superior to converted lands, in terms of water quality 9 functions, floodplain, aquifer recharge, and food and habitat functions for fish and wildlife 10 species. Because of this, additional regulations need to be carefully tailored to prevent 11 additional threats to already thin farm profit margins that can accelerate conversion to non - 12 agricultural uses." 13 14 The motion was seconded. 15 16 Weimer stated he prefers the alternative language that says farm and cattle ranch 17 lands deliver critical area outcomes that can be, not are, superior to converted lands. 18 19 Beringer stated staff prefers the alternative language. 20 21 Sidhu stated it's not up to the Council to determine what influences profit margins, so 22 he prefers the alternative language, with less subjective wording. 23 24 The motion failed by the following vote: 25 Ayes: Brenner (1) 26 Nays: Sidhu, Buchanan, Weimer (3) 27 Absent: Mann and Browne (2) 28 Abstains: Donovan (1) 29 30 Sidhu moved to amend Comprehensive Plan page. 8 -8, line 5, "The state legislature 31 has recognized that agriculture faces unprecedented international market competition and 32 costs. Low profit margins have contributed to the decline of Whatcom County's agricultural 33 land base from 1949 to 2012. The continued loss of working agricultural land also harm 34 critical areas because, as the Puget Sound Partnership has noted, farm and cattle ranch lands 35 can deliver critical area outcomes that can be superior to converted lands, in terms of water 36 quality functions, floodplain, aquifer recharge, and food and habitat functions for fish and 37 wildlife species. Because of this, additional regulations need to be carefully tailored to prevent 38 additional threats that can accelerate conversion to non - agricultural uses." 39 40 The motion was seconded 41 42 The motion carried by the following vote: 43 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 44 Nays: None (0) 45 Absent: Mann and Browne (2) 46 47 Brenner moved to amend Comprehensive Plan page 8 -8, Policy 8A -2, "Maintain a 48 working agricultural land base sufficient to support a viable local agricultural industry by 49 considering tie regulatory impacts to farmers and agricultural lands as part of the legislative 50 decision making process. Measures that can be taken to support working farms and maintain 51 the agricultural land base should include:..." 52 53 The motion was seconded, Special Committee of the Whole, 6/21/2016, Page 10 1 2 Donovan suggested a friendly amendment "Recognizing the impact of 3 regulations" as a bullet point, instead of in the introduction. 4 5 Brenner accepted the friendly amendment. 6 7 Beringer stated a proposed new bullet point already encourages farm friendly 8 regulations. 9 10 Brenner withdrew the motion. 11 12 Sidhu moved to amend Comprehensive Plan page 8 -8; Policy 8A -2 to add a bullet 13 item: 14 • Give priority in the PDR program to land with valid, adequate irrigation water 15 rights and physical access to water sufficient to sustain economically viable irrigation based 16 agriculture. 17 18 The motion was not seconded. 19 20 Sidhu moved to amend Comprehensive Plan page 8 -8, Policy 8A -2: 21 • WeF1f-Rgr -- c- aaper-ati lk- with -,e -mers an COet ; ng -with Eecal an state 22 agene'.ev _= address water q- -_ -' -, - ...meets-- s€-- a�f-i-eelturad— arc- tiv-i- €res-en -- sec- al — s4cams a-Q 2 3 gFo u -n t-ef-. 24 25 He stated the language is repetitive from another chapter. 26 27 Brenner moved to hold in Committee until they find out if the language is in another 28 chapter. 29 30 The motion was seconded. 31 32 The motion to hold in Committee carried by the following vote: 33 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 34 Nays: None (0) 35 Absent: Mann and Browne (2) 36 37 Brenner moved to amend Comprehensive Plan page 8 -8, Policy 8A -2 to add a bullet 38 item: 39 • Development assistance to agricultural - related enterprises. 40 41 The motion was seconded 42 43 Sidhu stated there are no programs to encourage the agricultural industry, such as 44 recruiting. Agriculture should be an industry considered for economic development. 45 46 Weimer suggested a friendly amendment, "Economic development assistance to 47 agricultural - related enterprises." 48 49 The amendment was seconded. 50 51 The motion carried by the following vote: 52 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 53 Nays: None (0) Special Committee of the Whole, 6/21/2016, Page 11 1 Absent: Mann and Browne (2) 2 3 Donovan moved to amend Comprehensive Plan page 8 -8, Policy 8A -2: 4 e Recognizing regulatory impacts and encouraging farm friendly regulations. 5 6 The motion was seconded. 7 8 The motion carried by the following vote: 9 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 10 Nays: None (0) 11 Absent: Mann and Browne (2) 12 13 Sidhu moved to amend Comprehensive Plan page 8 -10 to create a new policy and 14 renumber subsequent policies, "8A -7 Recognize that property owners of land designated as 15 agricultural land of long -term significance have the right to request re- designation or 16 conversion and work cooperatively with farmers to approve re- designation and conversion if 17 the land satisfies the re- designation criteria, and conversion is allowed in the underlying 18 zoning." 19 20 He stated this doesn't change or challenge the current policies. It recognizes that 21 agricultural land owners can ask for conversion, and zoning laws will be followed. 22 23 The motion was seconded. 24 25 The councilmembers discussed converting agricultural land to housing and the goal to 26 conserve land base. 27 28 Donovan moved to approve a substitute motion to amend Comprehensive Plan 29 page 8 -10 to create a new policy and renumber subsequent policies, "8A -7 Recognize that 30 property owners of land designated as agricultural land of long -term significance have the 31 right to request re- designation or conversion - arid- wer -I -c-ex - efs4, approve 32 i€-t e4a9d satisfies the re desi rratkn ---- - riteria, and eenvefs;epi 33 is allowed On the 34 35 The substitute motion to amend was seconded. 36 37 The substitute motion failed by the following vote: 38 Ayes: Brenner, Sidhu, and Donovan (3) 39 Nays: Weimer, Buchanan, (2) 40 Absent: Mann and Browne (2) 41 42 Buchanan restated the original motion to amend Comprehensive Plan page 8 -10 43 to create a new policy and renumber subsequent policies, "8A -7 Recognize that property 44 owners of land designated as agricultural land of long -term significance have the right to 45 request re- designation or conversion and work cooperatively with farmers to approve re- 46 designation and conversion if the land satisfies the re- designation criteria, and conversion is 47 allowed in the underlying zoning." 48 49 The motion failed by the following vote: 50 Ayes: Brenner and Sidhu, (2) 51 Nays: Weimer, Buchanan, and Donovan (3) 52 Absent: Mann and Browne (2) 53 Special Committee of the Whole, 6/21/2016, Page 12 1 Sidhu moved to amend Comprehensive Plan page 8 -10 to create a new policy and 2 renumber subsequent policies, "8A -8: Recognize that re- designation and conversion are 3 sometimes necessary to ensure the continued economic viability of adjacent agricultural 4 land." 5 6 The motion was seconded. 7 8 The motion failed by the following vote: 9 Ayes: Brenner, Sidhu, and Donovan (3) 10 Nays: Weimer and Buchanan (2) 11 Absent: Mann and Browne (2) 12 13 Brenner moved to amend Comprehensive Plan page 8 -10, Policy 8A -7, "Work 14 cooperatively with farmers to Pprioritize agricultural activity in land use decisions when land 15 is composed of prime and /or productive agricultural soils...." 16 17 The motion was seconded. 18 19 The motion carried by the following vote: 20 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 21 Nays: None (0) 22 Absent: Mann and Browne (2) 23 24 Brenner moved to amend Comprehensive Plan page 8 -11, Policy 8A -10, "The 25 Agricultural Advisory Committee shall advise the Whatcom County Executive and Council on 26 agricultural issues and agricultural land use. Whatcom County shall support the Agricultural 27 Advisory Committee with staff and other resources, and shall prioritize the AAC's input with 28 regard to agricultural resource lands." 29 30 The motion was seconded. 31 32 The Councilmembers discussed how to prioritize the work of the AAC. 33 34 Brenner amended her motion, "The Agricultural Advisory Committee shall advise 35 the Whatcom County Executive and Council on agricultural issues and agricultural land use. 36 Whatcom County shall support the Agricultural Advisory Committee with staff and other 37 resources, and shall PFieFitize recognize the AAC's input with regard to agricultural resource 38 lands." 39 40 The amended motion carried by the following vote: 41 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 42 Nays: None (0) 43 Absent: Mann and Browne (2) 44 45 Brenner moved to amend Comprehensive Plan page 8 -11 to create a new policy, 46 "8A- 11: Support voluntary measures and adequate financial compensation for farmers for 47 any zoning changes that reduce their economic viability." 48 49 The motion was seconded. 50 51 Special Committee of the Whole, 6/21/2016, Page 13 1 The motion failed by the following vote: 2 Ayes: Brenner (1) 3 Nays: Sidhu, Buchanan, Weimer and Donovan (4) 4 Absent: Mann and Browne (2) 5 6 Brenner moved to amend Comprehensive Plan page 8 -11, Policy 8B -6, "Develop and 7 utilize a range of result- oriented non - regulatory programs, options, and incentives, 8 collaboratively developed and monitored by the County and landowners, that agricultural 9 landowners can employ so long as such programs, options, and incentives can be shown to 10 produce results that meet or exceed county environmental goals." 11 12 The motion was seconded. 13 14 The motion carried by the following vote: 15 Ayes: Brenner, Sidhu, Buchanan and Donovan (4) 16 Nays: Weimer (1) 17 Absent: Mann and Browne (2) 18 19 Brenner moved to amend Comprehensive Plan page 8 -12, Policy 8C -2, "Involve 20 those who actually are engaged in agricultural activities, and give high regard to their 21 opinions in the County's decision - making during to the planning process and when instituting 22 regulatory changes that would impact the agricultural community. Use groups working 23 effectively with the agricultural community...." 24 25 The motion was seconded. 26 27 The motion carried by the following vote: 28 Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) 29 Nays: None (0) 30 Absent: Mann and Browne (2) 31 32 33 COMPREHENSIVE PLAN CHAPTER-10,-.DESIGN 34 35 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON 36 COMPREHENSIVE PLAN CHAPTER 10, DESIGN (AB2016 -0473) 37 38 The Committee did not discuss this item. 39 40 41 COMPREHENSIVE PLAN CHAPTER 11 ENVIRONMENT 42 43 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON 44 COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT (AB2016 -047K) 45 46 The Committee did not discuss this item. 47 48 49 COMPREHENSIVE PLAN APPENDIX G 50 51 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON 52 COMPREHENSIVE PLAN APPENDIX G, CURRENTLY TRANSPORTATION 53 IMPACT FEE BACKGROUND INFORMATION, PROPOSED TO BE REPLACED Special Committee of the Whole, 6/21/2016, Page 14 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 WITH A DESCRIPTION OF THE COUNTY'S WATER RESOURCE AND SALMON RECOVERY PROGRAMS (AB2016 -047L) The Committee did not discuss this item. INTRODUCTION 1. COUNCIL IS ACCEPTING APPLICATIONS FOR TWO CITIZEN POSITIONS ON THE NEWLY ESTABLISHED JAIL STAKEHOLDER WORKGROUP (ONE RESIDENT OF THE CITY OF BELLINGHAM AND ONE WHATCOM COUNTY RESIDENT WHO RESIDES OUTSIDE THE CITY OF BELLINGHAM) (AB2016- 179A) (APPLICATION DEADLINE IS 10 A.M. ON JULY 5, 2016) Donovan moved to accept the Introduction Item. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: None (0) Absent: Mann and Browne (2) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 4:30 p.m. The,4,ni.1 approved these minutes on ATTEST., s`1 U C04 Dana r­omw ni-TP Ts uncif Clerk KV Jill Nixon, Minutes Transcription November 22, 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON fr fn Bar�y Buchanan, Council Chair Special Committee of the Whole, 6/21/2016, Page 15