HomeMy WebLinkAboutSpecial Committee of the Whole May 16 20171 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 May 16, 2017
5
6
7 CALL TO ORDER
8
9 Council Chair Barry Buchanan called the meeting to order at 3:05 p.m. in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
11
12
13 ROLL CALL
14
15 Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd
16 Donovan, Rud Browne and Barry Buchanan.
17 Absent: None.
18
19
20 COMMITTEE DISCUSSION
21
22 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS
23 ORDINANCE UPDATE (AB2016 -276K) REVIEW OF CERTAIN QUESTIONS,
24 COMMENTS, AND SUGGESTIONS BY STAFF AND COUNCILMEMBERS RELATED
25 TO: ARTICLE 2 — ADMINISTRATIVE PROVISIONS, ARTICLE 3 -
26 GEOLOGICALLY HAZARDOUS AREAS, ARTICLE 4 — FREQUENTLY FLOODED
27 AREAS, ARTICLE 5 — CRITICAL AQUIFER RECHARGE AREAS, ARTICLE 6 —
28 WETLANDS, AND ARTICLE 7 — HABITAT CONSERVATION AREAS
29
30 Cliff Strong, Planning and Development Services Department, gave a staff report.
31
32 Brenner moved to approve all her proposed amendments in which staff has a neutral
33 opinion. The motion was not seconded.
34
35 Brenner moved to amend section 16.16.265 Critical areas protective measures,
36 "When an impact to critical area era-- 13.0 -ff-er has-- keen°- pmposed or a buffer will occur
37 because of a proposed development, a standard buffer width has been altered, or mitigation
38 is required, one or more of the following protective measure shall be applied:."
39
40 The motion was seconded.
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6)
44 Nays: None (0)
45 Absent: Sidhu (out of the room) (1)
46
47 Brenner moved to amend section 16.16.265 Critical areas protective measures, "B.
48 Notice on Title. The owner of any property containing any critical area or buffer for
49 which a development permit is about to be issued and for which the proposed development
50 will impact a critical area or buffer shall record a notice with the County Auditor real estate
51 records, in a format approved by the technical administrator, and provide a copy of the filed
52 notice to the Planning and Development Services Department at the time the permit is
53 issued. The notice shall state advise of the geigeFa+ presence of toe an impacted critical area
Special Committee of the Whole, 5/16/2017, Page 1
1 or buffer on the property, and the -fact that limitations on actions in or affecting the critical
2 area or buffer exist. The notice shall provide that restrictions on uses within the critical area
3 exist until such time as the technical administrator approves a change in restriction and
4 such approval is filed. This notice on title shall not be required for a development proposal
5 by a public agency or public or private utility within a right -of -way or easement for which
6 they do not have fee - simple title. This requirement shall be waived by the Technical
7 Administrator for certain geologically hazardous areas if s /he finds that the risk is so low as
8 to not warrant notification (e.g., old alluvial deposits) and /or if the technical administrator
9 determines there will be no impacts to critical areas or buffers on the development site."
10
11 The motion was seconded.
12
13 Councilmembers discussed whether the County should notify buyers of potential
14 problems.
15
16 The motion failed by the following vote:
17 Ayes: Brenner and Mann (2)
18 Nays: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
19
20 Councilmembers discussed section 16.16.270(B)(2(k) and reasonable use standards
21 and allowing a new exemption for 2500 sq. ft. single family houses.
22
23 Ryan Ericson, Planning and Development Services Department, answered questions
24 on making an exception for long driveways.
25
26 Brenner moved to amend subsection 16.16.270(B)(2)(k) Reasonable Use:
27 k. For single - family residences, the maximum impact area shall may be no
28 larger than 2,500 4,000 square feet or 10% of the parcel size, whichever is
29 smaller. This impact area shall include the residential structure as well as
30 appurtenant development that are necessarily connected to the use and
31 enjoyment of a single - family residence. These appurtenant developments
32 include garages, decks, driveways, parking, utilities (exclusive of an on -site
33 septic system), and all lawn and landscaping, with the following exceptions:
34 i. On lots outside of the shoreline jurisdiction, when an extended
35 driveway is necessary to access a portion of a development site with
36 the least impact on critical area and /or buffers, those portions of the
37 driveway shall be excluded from the 2599 4,000 square feet or 10%
38 of the parcel size, whichever is smaller, maximum impact area
39 provided that the access road meets the standards of WCC
40 16.16.620(E) or 16.16.720(C), as applicable.
41
42 The motion was seconded.
43
44 Councilmembers discussed why they originally chose 2,500 square feet for the
45 smaller lots in the shoreline zones.
46
47 The motion carried by the following vote:
48 Ayes: Brenner, Mann, Sidhu, Browne, and Weimer (5)
49 Nays: Buchanan and Donovan (2)
50
51 Councilmembers and staff discussed subsection 16.16.270(C)(1)(a) and whether this
52 changes what they can do administratively and whether there is an exemption for single
53 family homes. Staff is giving the authority for the single family permit process to the
Special Committee of the Whole, 5/16/2017, Page 2
1 technical administrator, so a homeowner doesn't have to bear the cost of the Hearing
2 Examiner. Any permits above that would go to the Hearing Examiner. Neighbors who have
3 issues with a project will still be able to appeal to the Hearing Examiner.
4
5 Brenner moved to amend subsection 16.16.280 Appeals, "A. Final permit decisions
6 made ... for that permit. A request for administrative review shall stay the time within which
7 one must file an appeal until a decision on the review is issued."
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 Brenner moved to amend subsection 16.16.280 Appeals, to eliminate language "G-.
16 Any issue ., ; ., the
17
18 The motion was seconded.
19
20 The motion failed by the following vote:
21 Ayes: Brenner (1)
22 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
23
24 Brenner moved to amend:
25 • Subsection 16.16.310 Designation, mapping, and classification, "(C)(1)
26 Landslide Hazard Areas. Landslide hazard areas shall include areas petentiaFly
27 susceptible to landslides based on...."
28 • Subsection 16.16.375 Review and reporting requirements, "A. When County
29 critical area maps ... within an active or petential geologically hazardous area,
30 the technical administrator shall...."
31
32 The motion was seconded.
33
34 Councilmembers discussed the definition of Potentially Geographically Hazardous
35 area and whether there would be opposite impacts to the homeowner.
36
37 Brenner amended her motion and moved to amend subsection (C)(1) only,
38 "(C)(1) Landslide Hazard Areas. Landslide hazard areas shall include areas petentially
39 susceptible to landslides based on...."
40
41 The motion failed by the following vote:
42 Ayes: Brenner, Browne, and Buchanan (3)
43 Nays: Mann, Sidhu, Weimer, and Donovan (4)
44
45 Weimer moved to reconsider the previous vote because the vote results sounded
46 unclear.
47
48 The motion was seconded.
49
50 The motion to reconsider carried by the following vote:
51 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
52 Nays: None (0)
53
Special Committee of the Whole, 5/16/2017, Page 3
1 The motion to amend failed by the following vote:
2 Ayes: Brenner, Browne, and Buchanan (3)
3 Nays: Mann, Sidhu, Weimer and Donovan (4)
4
5 Councilmembers discussed capitalizing all phrases that are specifically defined.
6
7 The Committee concurred.
8
9 Brenner moved to amend subsection 16.16.320 Geologically hazardous areas -
10 General standards, "B. Impact Avoidance. Impact avoidance measures shall include, but
11 be limited-to if possible, locating the use /development outside...."
12
13 The motion was seconded.
14
15 The motion failed by the following vote:
16 Ayes: Brenner, Sidhu, and Donovan (3)
17 Nays: Mann, Browne, Buchanan, and Weimer (4)
18
19 Brenner moved to amend subsection 16.16.320 Geologically hazardous areas -
20 General standards, "B. Impact Avoidance. Impact avoidance measures shall
21 include... alternatives analysis. For some geologic hazards, tn-mpa
22 clevelapmenk -w+tl b pert -y impact avoidance may not be possible. In
23 those instances the applicant will be made aware of risks and will sign a "Hold Harmless"
24 agreement with the county, which will also be attached to title of property."
25
26 The motion was seconded.
27
28 Councilmembers discussed how legal it is to tell someone they can't build on their
29 property, under what circumstances any development would not be permitted, and
30 referencing the Washington Administrative Code (WAC).
31
32 Brenner amended her motion and moved to amend subsection 16.16.320
33 Geologically hazardous areas - General standards, "B. Impact Avoidance. Impact avoidance
34 measures shall include... alternatives analysis. For some geologic hazards, i- wvpact-a-veicl -a-Rce
35 try an- ne._cleve+op t- wi4-1-�et-- rr++t- tad- an- a- pfopity impact avoidance may not be
36 possible. Where assessment by a qualified professional has shown that mitigation of the
37 hazard or avoidance cannot fully eliminate the risk to human safety, the technical
38 administrator may require the applicant to enter into a Release and Indemnification
39 Agreement with the county, which will be attached to title of the property along with a
40 Notice on Title for Regulated Critical Areas. The Release and Indemnification Agreement
41 shall not substitute for the implementation of all reasonable mitigation measures
42 recommended by the qualified professional to minimize the risk to human safety, and shall
43 only be used to allow development in a geologically hazardous area when the risk to human
44 safety has been minimized to as low as reasonably practicable."
45
46 The motion failed by the following vote:
47 Ayes: Brenner, Sidhu, and Mann (3)
48 Nays: Donovan, Browne, Buchanan, and Weimer (4)
49
50 Donovan moved to amend subsection 16.16.325(A)(1) and (3) Landslide Hazard
51 Areas - Standards:
Special Committee of the Whole, 5/16/2017, Page 4
1. Developments that will have ne not increase the threat to the health or safety
of people and will not increase potential for landslides on or off the site and
meet the reasonable use standards as set forth in WCC 16.16.270.
2.
3. Access roads and trails that are engineered and built to standards that aveid
minimize the need for major repair or reconstruction beyond that which would
be required in non - hazard areas. Access roads and trails may be permitted
only if the applicant demonstrates that no other feasible alternative exists,
including through the provisions of Chapter 8.24 RCW. If such access through
critical areas is granted, exceptions or deviations from technical standards for
width or other dimensions and specific construction standards to minimize
impacts, including drainage and drainage maintenance plans, may be required
specs €i ed.
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner moved to amend:
• 16.16.340(B) Seismic Hazard Areas - Standards, "Public roads,
bridges, utilities, and trails shall be allowed when there are no feasible
alternative locations and geotechnical analysis and design are provided
that ewe the minimize potential damage to roadway, bridge, and
utility structures and facilities wi-N- -net—be susceptible to am-age from
seismically induced ground deformation. Mitigation measures shall be
designed in accordance with the most recent version of the American
Association of State Highway and Transportation Officials (AASHTO)
Manual or other appropriate document.
• 16.16.345(B) Alluvial Fan Hazard Areas - Standards, "Roads, utilities,
bridges, and other infrastructure when that are located and designed
to prevent minimize adverse impacts on critical areas and avoid the
need for channel dredging or diking or other maintenance activities
that have the potential to substantially degrade river and stream
functions.
• 16.16.355(A)(1) Erosion hazard areas - Standards, "Developments
that will have n minimize the threat to the health or safety of people,
will not increase the risks of alluvial fan erosion hazards on or off the
site, and meet the reasonable use or variance standards as set forth in
WCC 16.16.270."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Brenner moved to amend subsection 16.16.430 Review and report requirements,
"F. Critical areas assessment report requirements may be waived for single - family
developments and structures accessory to agricultural uses when the technical
administrator and the public works department determine that ee minimal adverse impacts
orris life, PFeperty, or e leq..cakfc� will occur."
Special Committee of the Whole, 5/16/2017, Page 5
1
2 The motion was seconded.
3
4 The motion failed by the following vote:
5 Ayes: Brenner (1)
6 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
7
8 Brenner withdrew her proposed amendments to subsection 16.16.520(A) Critical
9 aquifer recharge areas - General standards.
10
11 Brenner moved to amend subsection 16.16.670(C)(2) Review and reporting
12 requirements "Mien —d d features are
13 leeated-eutside the -81--a d , '_UF'IeF i +-eid -u igE e rye
14 . When the proposed single - family dwelling and
15 associated features are located outside the standard buffer required under WCC 16.16.630
16 (no encroachment), no assessment report shall be required."
17
18 The motion was seconded.
19
20 The motion failed by the following vote:
21 Ayes: Brenner (1)
22 Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
23
24 Brenner moved to amend subsection 16.16.700(C) Purpose, "Regulate
25 development so that isolated populations of species are not created and habitat degradation
26 and fragmentation are filed minimized,igeeiale— r- r- idcrs."
27
28 The motion was seconded.
29
30 The motion carried by the following vote:
31 Ayes: Brenner, Sidhu, Browne, and Buchanan (4)
32 Nays: Weimer, Mann, and Donovan (3)
33
34 Donovan moved to amend subsection 16.16.720 General standards, "The following
35 activities may be permitted in habitat conservation areas and /or their buffers when,
36 pursuant to WCC 16.16.255 and 16.16.260, all reasonable measures have been
37 taken... subject to WCC 16.16.730:"
38
39 The motion was seconded.
40
41 Councilmembers and staff discussed the implications of the inserted "When pursuant
42 to Article 2," to highlight mitigation requirements.
43
44 The motion carried by the following vote:
45 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
46 Nays: None (0)
47
48 Brenner withdrew her proposed amendments to subsection 16.16.720(G)(4) Habitat
49 conservation areas - General standards.
50
51 Councilmembers and staff discussed getting a clean copy of the ordinance and CAO
52 as amended.
53
Special Committee of the Whole, 5/16/2017, Page 6
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:01 p.m.
The'Couricil approved these minut
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Dana, Brawn- D.avisy Cauncil.;Clerk
Jill Nixon, Minutes Transcription
es on July 11, 2017.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Vyu ng , Council Chair
Special Committee of the Whole, 5/16/2017, Page 7