HomeMy WebLinkAboutSpecial Committee of the Whole April 18 20171
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
April 18, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council
Conference Room, 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 - COUNCIL CONFERENCE ROOM
1. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S DECISION ON
FILE NO. SHR2015 -0003, FILED BY KRISTINE WILLIAMS AND THAD
ANDERSON REGARDING DEMING SPEEDWAY ACCESS ROAD (AB2016 -367)
Attorney Present: Karen Frakes
Buchanan stated that discussion of agenda item one may take place in executive
session pursuant to RCW 42.30.110 (1)(i). Executive session will conclude no later than
2:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the
meeting to make a public announcement.
Browne moved to go into executive session until no later than 2:00 p.m. to discuss
the agenda items pursuant to RCW citations as announced by the Council Chair. The
motion was seconded.
The motion carried by the following vote:
Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7)
Nays: None (0)
(Clerk's Note: The Committee concluded executive session at 1:40 p.m.)
COMMITTEE DISCUSSION — COUNCIL CHAMBERS
1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS
ORDINANCE UPDATE (AB2016 -276K) REVIEW OF CERTAIN QUESTIONS,
COMMENTS, AND SUGGESTIONS BY STAFF AND COUNCILMEMBERS RELATED
TO: ARTICLE 3 - GEOLOGICALLY HAZARDOUS AREAS; GLOBAL ISSUES;
ARTICLE 2 - ADMINISTRATIVE PROVISIONS; ARTICLE 4 — FREQUENTLY
FLOODED AREAS; ARTICLE 5 — CRITICAL AQUIFER RECHARGE AREAS;
ARTICLE 6 — WETLANDS
Special Committee of the Whole, 4/18/2017, Page 1
Weimer moved to accept issue items 48, 49, 59, 62, 66, 71, 73(A), 85, 97, 100,
108, 111, 121, 122, and 124 beginning on Council packet page 212.
The motion was seconded.
The motion carried by the following vote:
Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7)
Nays: None (0)
Weimer moved to accept the following issue items beginning on Council packet
page 218 with proposed staff modifications: 51, 75, 118, and 120.
The motion was seconded.
The motion carried by the following vote:
Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan, and Weimer (7)
Nays: None (0)
Weimer moved to accept the following issue items beginning on Council packet
page 221 with staff and Department of Ecology amendments: 58, 86, 87, 90, 95, 96, 98,
101, 102, 103, 105, 110, 115, 116, 119, and 125.
The motion was seconded.
Cliff Strong, Planning and Development Services Department, referenced Issue 96
and stated there must be a reference to Table 2.
Councilmembers withdrew from the motion the following items: 58, 87, 95, 98, 101,
102, 103, 105, 110, 115, 116, and 119.
The motion to approve issue items 86, 90, 96, and 125 with amendments carried by
the following vote:
Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7)
Nays: None (0)
The following staff answered questions:
• Cliff Strong, Planning and Development Services Department
• Ryan Ericson, Planning and Development Services Department
Staff answered questions on compensatory mitigation and mitigating adverse
impacts to buffers.
Brenner moved to amend 16.16.260(A)(1) "...to mitigate adverse impacts in the
following...."
The motion was seconded.
The motion carried by the following vote:
Ayes: Sidhu, Brenner, Browne, Buchanan, and Donovan (5)
Nays: Weimer and Mann (2)
Staff answered questions on identifying species and how to demonstrate that no
harm will come to a species. There are standards for consultants to make a determination.
Special Committee of the Whole, 4/18/2017, Page 2
1
2 Browne moved to approve Issue Item 87 with an amendment, "1.. ,Meet the
3 Creme, «s- o��17� 2:01- 4- -a-iid 16.16.255. Identify any federally listed species and
4 associated habitats, and demonstrate that no harm will occur to such species or habitats as
5 a result of development (inclusive of any mitigation) within frequently flooded areas."
6
7 The motion was seconded.
8
9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
11 Nays: None (0)
12
13 Staff answered questions on what they're asking landowners to do, which is
14 identifying a method for measuring buffers. Staff can include a diagram that demonstrates
15 the measurement in the brochure for applicants.
16
17 Browne moved to approve Issue Item 95, "16.16.630(A) Wetland buffers shall be
18 established to protect the integrity, functions and values of the wetland. Wetland buffers
19 shall be measured horizontally from a perpendicular line established by Ire the wetland
20 boundary based on the base buffer width identified in Table 2. Standard buffer widths edge
21 e+ all side as marked ;fl fl-re-fie d Buffers shall not...."
22
23 The motion was seconded.
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
27 Nays: None (0)
28
29 Staff answered questions on old and new stream typing.
30
31 Browne moved to approve issue item 98 with staff changes, "16.16.670(B.7)(b)(ii)
32 Parcel map, with scale showing and drainages (Type 47S 2T-3F 4Np or -5Ns streams),..."
33 and "16.16.670(B.7)(c) Wetland Analysis ... can be legally accessed) within 150 feet of the
34 nt� including..."
d e'b`ele -pie �eai� -t � 9...
35
36 The motion was seconded.
37
38 The motion carried by the following vote:
39 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
40 Nays: None (0)
41
42 Staff answered questions on changes versus clarification, planting native vegetation,
43 and whether structures have to be removed.
44
45 Brenner moved to approve Issue Item 101, to add subsection .630 as another
46 reference and to break this sentence into two subsections, with one amendment,
47 "16.16.680(B)(2) Buffer Alterations. Compensatory mitigation for buffer impacts shall: a.
48 Shall be consistent... b. May include enhancement...."
49
50 The motion was seconded.
51
52
Special Committee of the Whole, 4/18/2017, Page 3
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
3 Nays: None (0)
4
5 Staff answered questions on mitigation ratios.
6
7 Sidhu moved to approve Issue Item 102 with staff changes, "16.16.680(C)(1) ...at
8 a minimum 1:1 ratio on an area basis."
9
10 'The motion was seconded.
11
12 The motion carried by the following vote:
13 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
14 Nays: None (0)
15 Absent: Weimer (out of the room) (1)
16
17 Staff answered questions about replacement wetlands.
18
19 Browne moved to approve Issue Item 103 with staff changes, "16.16.680(D)
20 Reestablished or created Replacement wetlands...."
21
22 The motion was seconded.
23
24 The motion carried by the following vote:
25 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
26 Nays: None (0)
27 Absent: Weimer (out of the room) (1)
28
29 Sidhu moved to approve issue item 105 with staff changes, to change the phrase
30 "compensatory mitigation" to "mitigation" throughout the Article.
31
32 The motion was seconded.
33
34 The motion carried by the following vote:
35 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
36 Nays: None (0)
37 Absent: Weimer (out of the room) (1)
38
39 Staff answered questions on upper limits of shoreline jurisdiction versus the ordinary
40 high water mark, which marine species go beyond the high water mark, and best available
41 science.
42
43 Donovan moved to hold in committee Issue Item 110 with staff changes to get
44 maps and information on best available science on the marine nearshore and marine
45 riparian zones.
46
47 The motion was seconded.
48
49 The motion carried by the following vote:
50 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
51 Nays: None (0)
52
Special Committee of the Whole, 4/18/2017, Page 4
1 Staff answered questions on whether a property owner is allowed to deviate from the
2 guideline techniques.
3
4 Buchanan moved to approve Issue Item 115 with staff changes, °16.16.720(1) The
5 stabilization ... in accordance with the techniques contained within the Washington
6 Department... Guidelines. Deviation from these techniques requires written justification from
7 a qualified professional /engineer."
8
9 The motion was seconded.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
13 Nays: None (0)
14
15 Staff answered questions on talking specifically about habitat conservation areas and
16 updating the terminology.
17
18 Brenner moved to approve Issue Item 116 with staff changes to sections .720(I5)
19 and (N4), "...Habitat Conservation Areas...."
20
21 The motion was seconded.
22
23 The motion carried by the following vote:
24 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
25 Nays: None (0)
26
27 Staff answered questions on using the term "critical saltwater habitat" instead of a
28 list of specific habitat areas.
29
30 Donovan moved to approve Issue Item 119 with staff changes,
31 "16.16.720(N1) ... ecological processes; critical saltwater eefgr-ass- -bed-- s, " =ellfish, beds,
32 habitat..." and to combine rows in Table 4 to be consistent with the Washington
33 Administrative Code (WAC) and changes in terminology.
34
35 The motion was seconded.
36
37 The motion carried by the following vote:
38 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
39 Nays: None (0)
40
41 Weimer moved to reject the following Issue Items for which Councilmember
42 Brenner proposes amendments that the staff opposes: 45, 46, 47, 50, 56, 57, 60, 67, 72,
43 73(B -F), 76, 77, 80, 81, 83, 91, 92, 93, 94, 104, 107, 113, 117, and 123.
44
45 The motion was seconded.
46
47 Brenner moved to amend to withdraw from the motion issue items 46, 47, 50, 67,
48 72, 76, 77, 80, 81, 91, 92, 93, 94, 104, 107, 113, 117, and 123.
49
50 The motion was seconded.
51
52
Special Committee of the Whole, 4/18/2017, Page 5
1 The motion carried by the following vote:
2 Ayes: Brenner, Mann, Sidhu, Buchanan, and Donovan (5)
3 Nays: Weimer and Browne (2)
4
5 Browne moved to amend to withdraw from the motion item 73(B -F).
6
7 The motion was seconded.
8
9 The motion carried by the following vote:
10 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
11 Nays: None (0)
12
13 The motion to reject issue items 45, 56, 57, 60, and 83 carried by the following
14 vote:
15 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
16 Nays: None (0)
17
18 Councilmembers discussed whether the County's written findings to applicants and
19 the requirement for written findings should apply to the entire code or certain sections.
20
21 Donovan moved to approve the staff's recommendation for Issue Item 46, to
22 amend 16.16.250(C)(3), "Decision to ... on their review, and shall provide a detailed written
23 decision, including findings of fact to support the decision made sueh to rim lie hal{
24 be pr-eviEled to the applicant in wFiting."
25
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 Councilmembers discussed how far the County should go to protect people.
33
34 Brenner moved to approve issue item 47 to amend 16.16.100(B):
35 1. Preteet the publie fro Reduce harm due to...
36 2. i`r+s4+re-- �iefe- aff--no- a4ver -e- impacts to the _ ua!"Ly- and- quantit-y -ef-- Ewa -t-er
37 reseuFe e Protect against any adverse impacts to water quality and
38 quantity resources.
39
40 The motion was seconded.
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Sidhu, and Buchanan (4)
44 Nays: Browne, Weimer, and Donovan (3)
45
46 Staff answered questions and councilmembers discussed grandfathering landscaping
47 that was already there before they adopted rules.
48
49 Sidhu moved to hold Issue Item 50 in committee to get clarification on wording
50 from staff.
51
52 The motion was seconded.
53
Special Committee of the Whole, 4/18/2017, Page 6
1 The motion carried by the following vote:
2 Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7)
3 Nays: None (0)
4
5 Staff answered questions and councilmembers discussed reasonable use standards in
6 Issue Item 67 and variances in Issue Item 72. Brenner withdrew her proposed
7 amendments.
8
9 Staff answered questions and councilmembers discussed Issue Item 73(B -F),
10 quantifying impacts instead of adding "significant" impacts, nonconforming buildings, and
11 whether they should prohibit expansion into critical areas and buffers, how long it could
12 take someone to rebuild after a structure is destroyed, how they define whether a structure
13 is destroyed, and time limits for rebuilding. Brenner withdrew her proposed amendments as
14 shown in Issue Item 73(B -C).
15
16 Browne moved to amend Item 73(D), "Nonconforming structures that are
17 completely destroyed by fire, explosion, flood, or other casualty may be restored or
18 replaced in kind if there is no alternative that allows for compliance with the standards of
19 this chapter; provided that the following are met:
20 1. The reconstruction process is commenced within 18 menths 5 years of the date of
21 such damage; and
22 2. The reconstruction does not expand..."
23
24 The motion was seconded.
25
26 The motion carried by the following vote:
27 Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7)
28 Nays: None (0)
29
30 Browne moved to amend on 73(F) to restore the original language with one
31 change, "...a period of 12 months 5 years or more,...."
32
33 The motion was seconded.
34
35 The motion carried by the following vote:
36 Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, and Donovan (6)
37 Nays: Weimer (1)
38
39 Staff answered questions and councilmembers discussed whether anyone other than
40 a property owner can be liable for violations; appropriate penalty amounts; and minimizing
41 geographic hazards. Brenner withdrew he4 proposed amendments as shown in Issue Items
42 76 and 77.
43
44 Brenner moved to amend to approve Issue Item 80, "16.16.320(E) Review by
45 Qualified Professional .... structural elements to minimize n9itigate the hazard...."
46
47 The motion was seconded.
48
49 The motion carried by the following vote:
50 Ayes: Brenner, Mann, Sidhu, and Browne (4)
51 Nays: Buchanan and Weimer (2)
52 Absent: Donovan (out of the room) (1)
53
Special Committee of the Whole, 4/18/2017, Page 7
1 Staff answered questions and councilmembers discussed whether the zoning will
2 prevent a great increase in potential population density within a lahar hazard zone. Strong
3 stated he will remove that sentence.
4
5 Staff answered questions and councilmembers discussed the state definitions of
6 wetlands, best available science on the importance of small wetlands, and buffers for
7 category IV wetlands.
8
9 Brenner moved to approve the correct size of one -tenth of an acre, which is 4,356
10 square feet and subsection .610(D), "All wetlands shall be regulated regardless of size;
11 provided, that hydrologically isolated Category IV wetlands less than 17GGG 4 uaFe feet one -
12 tenth acre (4,356 square feet in size) may...."
13
14 The motion was seconded.
15
16 The motion failed by the following vote:
17 Ayes: Brenner and Sidhu (2)
18 Nays: Mann, Browne, Weimer, Buchanan, and Donovan (5)
19
20 Brenner moved to amend subsection .610(D)(7), "A4v
21 pufsuant te WCG 16.16.680 The wetland meets the criteria set forth in the entire section."
22
23 The motion was seconded.
24
25 The motion carried by the following vote:
26 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
27 Nays: Donovan (1)
28
29 Brenner moved to approve Issue Item 92. "16.16.620 Wetlands. The following
30 activities... values as d�lfaugw� ernaliv�, the amount and degree of
31 alteration are limited... be avoided (category 4 wetlands are exempt from this section);
32
33 The motion was seconded.
34
35 Staff answered questions and councilmembers discussed exempting Category IV
36 wetlands and how the presence of Category IV wetlands is determined.
37
38 Brenner withdrew the motion.
39
40 Brenner moved to approve issue item 93 regarding 16.16.620(E):
41 "1. Construction of an—apptwtenan-t structure that is associated with anirrary
42 agriculture use; or the reconstruction ... following specific criteria:
43 i. The structure is located within an existing lot of record and is an existing cfl -g-0
44 agricultural use.
45 ii. For new construction, there is no other feasible location with ...
46 iii. Clearing...
47 2. Existing age, ng aAgricultural activities subject to the following:
48 i. The activities...
49 ii. The agricultural activity ... of this chapter. This requirement is for property owners
50 who have an existing farm plan."
51
52 Browne suggested a friendly amendment:
Special Committee of the Whole, 4/18/2017, Page 8
1 °1. Construction of an appurtenant structure that is associated with an prifflary
2 agriculture use; or the reconstruction ... following specific criteria:
3 i. The structure is located within an existing lot of record with a history of legal
4 agriculture use and is anew ."
5
6 Brenner accepted the friendly amendment.
7
8 Staff answered questions and councilmembers discussed the requirement for new
9 agricultural uses to adhere to the critical areas ordinance; preserving agriculture, even if
10 there is a hiatus in agricultural use; the threshold for when an agricultural use is no longer
11 ongoing; and whether all farmers need a farm plan.
12
13 Browne moved to substitute the motion to amend section 16.16.620(E):
14 "1. Construction of an appurtenant structure that is associated with a primary
15 agriculture use; or the reconstruction ... following specific criteria:
16 i. The structure is located within an existing lot of record with a history of legal
17 agricultural use and - is an x''t r g-ag- rieu*ufa-�.
18 ii. For new construction, there is no other feasible location with ...
19 iii. Clearing...
20 2. Ewing-- Grlge ag aAgricultural activities subject to the following:
21 i. The activities...
22 ii. The agricultural activity ... of this chapter."
23
24 The motion carried by the following vote:
25 Ayes: Sidhu, Browne, Buchanan, Mann, and Donovan (5)
26 Nays: Weimer and Brenner (2)
27
28 Brenner moved to amend section 16.16.620(H)(c), "...designed to aveid minimize
29 removal of significant trees."
30
31 The motion was seconded.
32
33 Staff answered questions and councilmembers discussed avoiding significant trees
34 when doing environmental education, nonmotorized trails, walkways, and other activities
35 and being able to remove fallen trees and hazard trees.
36
37 The motion failed by the following vote:
38 Ayes: Brenner and Sidhu (2)
39 Nays: Mann, Browne, Weimer, Buchanan, and Donovan (5)
40
41 Staff answered questions and councilmembers discussed the wetland mitigation ratio
42 table, whether or not they should include example scenarios, the ability to do improvements
43 to a structure within a buffer,
44
45 Brenner stated she withdraws her proposed amendments as shown in Issue Items
46 104, 107, 117 and 123.
47
48 Brenner moved to approve Issue Item 113 with amendment:
49 "E. Construction or improvements that are of a that is
50 associated with agriculture use in the outer 25% of the CPAL designated buffer; or the
51 reconstruction ... following criteria:
52 1. The structure is located within an existing lot of record and is an existing eftg -ai.ng
53 agricultural use
Special Committee of the Whole, 4/18/2017, Page 9
1 2. There is no other feasible location with less impact to critical areas. However, this
2 provision does not apply to the reconstruction , maintenance, and /or remodeling of pre -
3 existing structure.
4 3. Clearing..."
5
6 Browne proposed a friendly amendment to item E.1, "...lot of record and is an
7 � ancjoing with a history of legal agricultural use."
8
9 Brenner accepted the friendly amendment.
10
11 The motion carried by the following vote:
12 Ayes: Brenner, Sidhu, Browne, and Buchanan (4)
13 Nays: Donovan and Weimer (2)
14 Absent: Mann (out of the room) (1)
15
16 Staff answered questions and councilmembers discussed exempting small projects
17 less than 200 square feet from offsite mitigation standards.
18
19 Brenner stated she withdraws her proposed amendment to Issue Items 117 and 124.
20
21 Councilmembers stated they need to discuss the reason the Planning Commission
22 doesn't believe this document complies with state law; best available science, particularly
23 regarding critical aquifer recharge areas (CARAs); lahars; and other issues for moving
24 forward. Councilmembers discussed the timeline and what happens if they miss the
25 deadline.
26
27
28 OTHER BUSINESS
29
30 There was no other business.
31
32
33 ADJOURN
34
35 The meeting adjourned at 4:43 p.m.
36
37 *,,,,The,.Coui cil approved these minutes on May 30, 2017.
ti .. r .. „ � � ✓,.may fr
39 A4E r-
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T6 Q•. ! 'j WHATCOM COUNTY COUNCIL
40 `" '�'�•,'C` WHATCOM COUNTY, WASHINGTON
41 _ 0: GOtS
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4 2 —�
43
44
45 1]ana Brvq +fJ ls; Cnurzcil Clerk Bar _ chanan, Council Chair
46
47
48
49 �.
50 Jill Nixon, Minutes Transcription
Special Committee of the Whole, 4/18/2017, Page 10