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HomeMy WebLinkAboutSpecial Committee of the Whole open meeting March 7 2017WHATCOM COUNTY COUNCIL Special Committee of the Whole March 7, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 2:20 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. COMMITTEE DISCUSSION 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS ORDINANCE UPDATE (AB2016 -276K) Mark Personius, Planning and Development Services Department, introduced the discussion. He answered questions throughout the presentation. Review of additional staff proposed amendments (post- Planning Commission recommendation) related to: Article 6 - Wetlands, Article 7 - Habitat Conservation_ Areas, . Article 3 - Geolooically Hazardous Areas (tsunami hazard areas), and Article 9 - Definitions Ryan Ericson, Planning and Development Services Department, gave a staff report on the list of issues and additional proposed amendments, beginning on Council packet page 152, and answered questions. Brenner stated the proposed changes in Issue 1 should include a reference to the Planning Unit, which represents all watershed users, and moved to amend Whatcom County Code (WCC) sections 16.16.263(A.3), .680(A.6), .720(B) and (M), and .760(A.6) in this issue on Council packet page 152, "...Watershed Management Sa!men ©.cce c ,° Board habitat project list', including the Planning Unit or by the Washington State..." The motion was seconded. Councilmembers discussed references to the Planning Unit throughout the sections in Issue 1, on Council packet page 152, and these sections addressing the project list of the board. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Sidhu, Browne, Buchanan, Donovan, and Weimer (5) Absent: Mann (out of the room) (1) Special Committee of the Whole - Open Session, 3/7/2017, Page 1 1 Ericson continued the staff report on the list of issues and additional proposed 2 amendments, beginning on Council packet page 152. 3 4 Brenner moved to amend WCC 16.16.230(D), "Low impact activities when the 5 activity does not cause adverse impacts, such as hiking, canoeing, viewing, nature study, 6 photography, hunting, fishing, education or scientific research." 7 8 The motion was seconded. 9 10 The motion to amend carried by the following vote: 11 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) 12 Nays: None (0) 13 Absent: Weimer (out of the room) (1) 14 15 Ericson continued the staff report on Issues 3, 4, and 5. He submitted a substitute 16 for proposed language on Issue 5 to WCC 16.16.620(x) and .720(U), "Whatcom County 17 improved voluntary water quality improvement program best management practices may be 18 installed in wetland buffers to treat runoff from existing development." 19 20 Councilmembers discussed the process for going forward, the process for making 21 these staff proposed amendments, and holding a public hearing. Staff will make all the 22 changes prior to a public hearing. 23 24 Ericson continued the staff report on Issue 6 and 7. 25 26 Councilmembers discussed resident fish and identifying ditches that are considered 27 fish streams. 28 29 Brenner moved to amend 16.16.710(A)(1)(b), "ii. The waterway is used by 30 anadromous or resident salmonid or other resident fish populations; or...." 31 32 The motion was seconded. 33 34 The motion to amend carried by the following vote: 35 Ayes: Brenner, Weimer, Sidhu, Browne, Buchanan, and Donovan (6) 36 Nays: None (0) 37 Absent: Mann (out of the room) (1) 38 39 Ericson continued the staff report on Issues 8 through 11. 40 41 Councilmembers discussed an appropriate definition for "reasonable use." 42 43 Ericson continued the staff report on Issues 12 through 14. 44 45 Brenner stated amend the definition of streams, "...and /or the waterway is used by 46 anadromous fish epulat +ins, resident fish, or flows directly into..." 47 48 The Committee concurred. 49 50 Councilmembers discussed who decided on the current list of species of local 51 importance. Ericson stated any changes to the list must be approved by the County Council 52 as an attachment. 53 Special Committee of the Whole - Open Session, 3/7/2017, Page 2 1 Ericson continued the staff report on Issues 15 and 16. 2 3 Brenner moved to amend Issue 16, section 16.16.750(B), "The technical 4 administrator shall waive the report requirement when he /she...." 5 6 The motion was seconded. 7 8 Councilmembers discussed whether the technical advisor has the option to not waive 9 the requirements and under what circumstances the technical administrator would choose to 10 not waive the requirements. 11 12 Brenner amended her motion and moved to delete .750(B). 13 14 The amended motion was seconded. 15 16 The motion to amend carried by the following vote: 17 Ayes: Brenner, Weimer, Sidhu, Browne, Buchanan, and Donovan (6) 18 Nays: None (0) 19 Absent: Mann (out of the room) (1) 20 21 Ericson continued the staff report on Issue 17. 22 23 Review of certain questions, comments, and suggestions by Councilmembers related to: 24 Overall shall v, may), Article-1 - Purr)ose , Article 2 - Administrative Provisions, and Article 25 7 - Habitat Conservation Areas 26 27 Ericson continued the staff report with the list of issues regarding questions, 28 comments, and suggestions by councilmembers, beginning on Council packet page 159. He 29 reported on Issue 18. 30 31 Councilmembers discussed the level of flexibility and authority provided to the 32 applicant and to inexperienced staff. 33 34 Brenner moved to amend language from "shall" to "may" and to "shall have the 35 authority to" throughout the sections listed in Issue 18 on Council packet pages 159 and 36 160. 37 38 The motion was seconded. 39 40 Browne suggested a friendly amendment to first vote on the first three sections 41 on Council packet page 159, sections .255, 260(C)(1), and .270(4), separate from the last 42 three sections on Council packet page 160. 43 44 Brenner accepted the friendly amendment to divide the motion and amended her 45 motion to amend 16.16.255, .260(C)(1), and .270(4), "shall have the authority to" on 46 Council packet page 159. 47 48 The motion to amend carried by the following vote: 49 Ayes: Brenner, Weimer, Sidhu, Browne, Buchanan, and Donovan (6) 50 Nays: None (0) 51 Absent: Mann (out of the room) (1) 52 53 Brenner moved to amend section .255(E), "shall may" on Council packet page 160. Special Committee of the Whole - Open Session, 3/7/2017, Page 3 1 2 The motion was seconded. 3 4 The Councilmembers discussed whether a revision should be required if an 5 assessment is inaccurate or incomplete. 6 7 The motion to amend failed by the following vote: 8 Ayes: Brenner (1) 9 Nays: Weimer, Browne, Mann, Sidhu, Buchanan, and Donovan (6) 10 11 Brenner moved to amend section .680(A) on Council packet page 160, "shall may." 12 13 The motion was seconded. 14 15 Councilmembers discussed whether the technical administration should be required 16 to consider all the items listed in subsections (1) through (6). 17 18 The motion to amend carried by the following vote: 19 Ayes: Brenner, Browne, Buchanan, and Donovan (4) 20 Nays: Weimer and Mann (2) 21 Absent: Sidhu (out of the room) (1) 22 23 Ericson continued the staff report on Issues 19 and 20. 24 25 Councilmembers discussed whether the Washington Administrative Code (WAC) 26 requires protection of ecosystems in the critical areas ordinance. 27 28 Buchanan stated that this item will be held in Committee to the next meeting in 29 March. 30 31 2. DISCUSSION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS 32 RELATING TO THE CHERRY POINT URBAN GROWTH AREA (ORDINANCE 33 SCHEDULED FOR INTRODUCTION THIS EVENING) (AB2017 -063) 34 35 Brenner referenced the staff memo on Council packet page 171 and moved to 36 replace the Planning Commission proposal with Alternative 1, beginning on Council packet 37 page 185. 38 39 The motion was seconded. 40 41 Councilmembers discussed Councilmember Brenner's alternative version compared 42 to the Planning Commission version. Councilmembers concurred to work from the 43 Planning Commission version of the ordinance. 44 45 Brenner withdrew her motion. 46 47 Weimer moved to amend page 4 of the ordinance, lines 38 -41, "Whatcom County 48 does not enforce the Magnuson Amendment through the local permitting process. However, 49 the County ears does encourage federal agencies to enforce the Magnuson Amendment and 50 will strive to consult with federal agencies on whether proposed development at Cherry 51 Point may conflict with the Magnuson Amendment before issuing local permits when 52 possible may, if necess&ry, seek to nforce _tir agnusan me-nt- h-+, ght ft 53 system. (see Policy 2CC -15)." Special Committee of the Whole - Open Session, 3/7/2017, Page 4 1 2 The motion was seconded. 3 4 Councilmembers discussed including a reference to the Magnuson Amendment. 5 6 The motion to amend carried by the following vote: 7 Ayes: Sidhu, Mann, Browne, Buchanan, Weimer and Donovan (6) 8 Nays: Brenner (1) 9 10 Weimer moved to amend page 7 of the ordinance, lines 25 -29, "These industries 11 need to be protected from the inappropriate encroachment of incompatible uses; 12 particularly residential uses that could affect their ability to expand, at the same time, the 13 expansion of these industries needs to be done in ways that do not significantly impact the 14 ecology of the Salish Sea or encourage expanded export of unrefined fossil fuels." 15 16 The motion was seconded. 17 18 Browne suggested a friendly amendment to substitute "export" with 19 "transshipment." 20 21 Weimer referenced and the councilmembers discussed the definition of 22 transshipment, which is the shipment of goods or containers to an intermediate destination 23 and then another destination, and the County's lack of authority to regulate exports or 24 interstate commerce. 25 26 Weimer did not accept the friendly. 27 28 Browne moved to amend the amendment to substitute "export" with 29 "transshipment." 30 31 The motion was seconded. 32 33 The motion to amend the amendment carried by the following vote: 34 Ayes: Sidhu, Mann, Browne, Buchanan, and Donovan (5) 35 Nays: Weimer and Brenner (2) 36 37 Brenner moved to amend the amendment to page 7 of the ordinance, lines 25 -29, 38 "These industries need to be protected from the inappropriate encroachment of incompatible 39 uses; particularly residential uses that could affect their ability to expand, at the same time, 40 the expansion of these industries needs to be done in ways that do not significantly impact 41 the ecology of the Salish Sea or encourage expanded transshipment of unrefined fossil fuels 42 off the North American Coast." 43 44 The motion was seconded. 45 46 Councilmembers discussed a company's need to send unrefined fossil fuel to other 47 locales during improvements or cleanup work and making sure shipments can go to other 48 facilities on the North American coast. 49 50 The motion to amend the amendment failed by the following vote: 51 Ayes: Brenner and Sidhu (2) 52 Nays: Mann, Browne, Buchanan, Donovan, and Weimer, (5) 53 Special Committee of the Whole - Open Session, 3/7/2017, Page 5 1 The main motion to amend, as amended, carried by the following vote: 2 Ayes: Sidhu, Mann, Browne, Buchanan, and Donovan (5) 3 Nays: Weimer and Brenner (2) 4 5 Donovan moved to amend page 8 of the ordinance, Policy 2CC -2, "Ensure that 6 developments in the Cherry Point UGA maintain and operate under management plans to 7 accomplish the goals of the Aquatic Reserve Management Plan." 8 9 The motion was seconded. 10 11 Councilmembers discussed whether existing refineries need to operate under a 12 management plan, whether they are part of the aquatic reserve, who would enforce the 13 regulations, Planning Commission finding 29 regarding the Department of Natural Resources 14 (DNR) not altering the terms and conditions of existing leases and easements, 15 16 Matt Aamot, Planning and Development Services Department, answered questions. 17 18 Sidhu suggested a friendly amendment, "Ensure that, dDevelopments in the 19 Cherry Point UGA should maintain and operate under management plans to accomplish the 20 fie# in compliance with the Aquatic Reserve Management Plan." 21 22 Donovan accepted the friendly amendment. 23 24 Pete Sim, BP Cherry Point, answered questions. The DNR has determined that their 25 aquatic reserve is consistent with the uses in the Cherry Point area. Existing management 26 plans accomplish the goals. 27 28 Donovan amended his motion , "Ensure that, Encourage developments in the 29 Cherry Point UGA to maintain and operate under management plans te aeeamplish the g sans 30 of consistent with the Aquatic Reserve Management Plan." 31 32 The motion to amend carried by the following vote: 33 Ayes: Brenner, Mann, Browne, Buchanan, Sidhu, Weimer and Donovan (7) 34 Nays: None (0) 35 36 Buchanan stated this item will be held in committee for two weeks. 37 38 39 COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL 40 41 1. RESOLUTION INITIATING PROPOSED COMPREHENSIVE PLAN AND ZONING 42 AMENDMENTS (AB2017 -083) 43 44 This item was not discussed. 45 46 47 OTHER BUSINESS 48 49 There was no other business. 50 51 52 Special Committee of the Whole - Open Session, 3/7/2017, Page 6 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 ADJOURN The meeting adjourned at 4:30 p.m. The Council approved these minutes on April 18, 2017. ATTEST: �����itiiti►► ►iii rf _ • r r r e Dana;Bro4in- DewisjkC-suncit•Clerk !y STATE OF 1\ ]ill Nixon,'Nfi,,Utes*r0spTP tion WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Bay�ry , Buchanan, Council Cha Special Committee of the Whole - Open Session, 3/7/2017, Page 7