HomeMy WebLinkAboutSpecial Committee of the Whole August 8 20171 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 August 8, 2017
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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.
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12
13 ROLL CALL
14
15 Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud
16 Browne and Barry Buchanan.
17 Absent: Ken Mann.
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20 COMMITTEE DISCUSSION
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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 COUNCIL MEMBERS RELATED TO:
25 ARTICLE 2, ADMINISTRATIVE PROVISIONS, ARTICLE 6, WETLANDS,
26 ARTICLE 7, HABITAT CONSERVATION AREAS, ARTICLE 8, CONSERVATION
27 PROGRAM ON AGRICULTURE LANDS, ARTICLE 9, DEFINITIONS
28
29 Cliff Strong, Planning and Development Services Department, referenced the staff
30 report in the Council packet and gave a staff report.
31
32 Brenner moved to amend language throughout, "not ecern«e;rd-ffef may
33 authorize."
34
35 The motion was seconded.
36
37 The motion failed by the following vote:
38 Ayes: Brenner and Donovan (2)
39 Nays: Sidhu, Browne, Buchanan, and Weimer (4)
40 Absent: Mann (1)
41
42 Browne moved to amend 16.16.830 Conservation Farm Plans - General Standards:
43
44 B. A conservation farm plan shall not recommend nor ffhay authorize:
45 1. Filling, draining, grading, or clearing activities within critical areas or
46 buffers:
47 a. 8t4y Except on ongoing agricultural land where such activities are
48 a demonstrated essential part of an ongoing agricultural use or
49 part of routine maintenance; and,
50 b. When it does not expand the boundaries of an ongoing
51 agricultural use; and,
52 C. The appropriate permits for doing so have been obtained.
53 ...
54 C. Other plans prepared for compliance with state or federal regulations
55 (e.g., nutrient management plans), or to obtain an accredited private
Special Committee of the Whole, 8/8/2017, Page 1
1 third -party certification (e.g., GLOBALG.A.P.), or similar plans may be
2 used as part of or in lieu of a Conservation Farm Plan if the Technical
3 Administrator determines they adequately address the requirements of
4 this Title.
5
6 The motion was seconded.
7
8 The motion carried by the following vote:
9 Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
10 Nays: Brenner (1)
11 Absent: Mann (1)
12
13 Browne moved to approve the definition of agricultural activities as recommended
14 by the Langabeer & Traxler letter on behalf of agricultural groups, with one change:
15 "Ongoing Agriculture" means all agricultural uses and practices as
16 defined in RCW 90.58.065" (RCW 36.70A.703). "Ongoing Agricultural
17 activities" means agricultural uses and practices including, but not limited to:
18 Producing, breeding, or increasing agricultural products; rotating and
19 changing agricultural crops; allowing land used for agricultural activities to lie
20 fallow in which it is plowed and tilled but left unseeded; allowing land used for
21 agricultural activities to lie dormant as a result of adverse agricultural market
22 conditions; allowing land used for agricultural activities to lie dormant
23 because the land is enrolled in a local, state, or federal conservation program,
24 or the land is subject to a conservation easement; conducting agricultural
25 operations; maintaining, repairing, and replacing agricultural equipment;
26 maintaining, repairing, and replacing agricultural facilities, provided that the
27 replacement facility is no closer to the shoreline than the original facility; and
28 maintaining agricultural lands under production or cultivation.
29
30 The motion was seconded.
31
32 Councilmembers discussed the proposal from Ms. Traxler and whether or not they
33 should use "ongoing" in the definition of agricultural activities, that the County chose not to
34 participate in the volunteer stewardship program (VSP), whether this definition expands the
35 current definition of ongoing agriculture, making sure they don't weaken the critical areas
36 ordinance while not imposing regulations that will make a farmer lose the right to farm, and
37 allowing staff time to review the proposed amendment.
38
39 Browne moved to hold his motion in Committee.
40
41 The motion was seconded.
42
43 The motion carried by the following vote:
44 Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
45 Nays: None (0)
46 Absent: Mann (1)
47
48 Councilmembers and staff discussed the impact of changing the definition of
49 "agricultural activities" and the need to do monitoring and gather baseline data.
50
51 Strong reported on and councilmembers discussed whether high concentrations of
52 nitrates in groundwater is a significant health issue, future options, and what a
53 management district would do.
54
Special Committee of the Whole, 8/8/2017, Page 2
1 George Boggs, Conservation District, answered questions on the trend in nitrate
2 contamination from test wells, natural sources of nitrates from decomposing organic matter,
3 sharing the aquifer and working with Canada, and public outreach.
4
5 Strong reported on suggested changes to the lahar zone section.
6
7 Browne moved to approve staff's recommendation with some changes:
8 16.16.320(B), "...For some geologic hazards, except for lahar hazards zenes"
9 - 16.16.320(C), "...geological hazards (except for lahar hazards) and /or are
10 outside....
11 16.16.320(6)(2), "Subject to .... 265 (except subsection (D) when located
12 wholly within a lahar hazard zone), the following uses may...."
13
14 The motion was seconded.
15
16 Ericson stated there is a scrivener's error in .350(b)(2)(a), "16.16.270 � 16.16.275"
17
18 Councilmembers and staff discussed making decisions on behalf of everyone, not one
19 particular party, letting people know about the hazard and leaving the decision up to them,
20 no need for a building setback when entirely within a lahar hazard zone, and the detail
21 required in evacuation plan updates.
22
23 The motion to amend, including the scrivener's error, carried by the following vote:
24 Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5)
25 Nays: Brenner (1)
26 Absent: Mann (1)
27
28 Councilmembers continued to discuss lahar hazard areas and concerns from a
29 particular property owner.
30
31 Brenner moved to amend 16.16.270(2)(k), "For single - family residences,...These
32 appurtenant developments include garages, decks, driveways, and parking,, H'es
33 (exclusive of an en site septie s; s n.), and a4lIavif�-aM4andseaping, with the following
34 exceptions:..."
35
36 The motion was seconded.
37
38 Councilmembers discussed whether they should include utilities in the list of
39 developments; temporary versus permanent impacts; and considering minor utilities, or
40 service utilities that connect the service to the residence, as a temporary impact.
41
42 Linda Twitchell, Building Industry Association, stated some utility distribution pipes
43 require large trenches.
44
45 Browne moved to amend the motion to amend 16.16.270(2)(k), "For single - family
46 residences,...These appurtenant developments include garages, decks, driveways, and
47 parking (exclusive of an on -site septic system and utilities), and all lawn and landscaping,
48 with the following exceptions:...." The motion was not seconded.
49
50 Brenner withdrew her motion to amend and moved to hold in committee so staff
51 can develop better language.
52
53 The motion was seconded.
54
55
Special Committee of the Whole, 8/8/2017, Page 3
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Mann (1)
Brenner moved to amend 16.16.610 Wetlands Designation, Rating, and Mapping,
"D. All wetlands shall be regulated regardless of size; provided, that hydrologically isolated
Category IV wetlands less than 1,900 4,356 square feet in size may be adversely impacted
when all of the following criteria are met:..."
The motion was discussed.
Councilmembers discussed whether category IV is subjective.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Sidhu, Browne, Buchanan, and Donovan (4)
Absent: Weimer (out of the room) and Mann (2)
Councilmembers discussed temporary impacts associated with utilities from section
16.16.620 and the mitigation sequence, which begins with avoidance. Staff will work on
language to clarify the mitigation sequence for temporary impacts if avoidance is much
more expensive.
Brenner moved to amend 16.16.620(G), ".rr ci wi0- 494-- he eutef= S
of a Category I-, IZ ' or -TV wetland-buffeF may be permitted as close to the wetland as
possible in order to have the smallest footprint with the least amount of impact."
The motion was seconded.
Councilmembers and staff discussed whether stormwater management facilities have
the least impact if they're closer to or farther away from buffers.
Browne moved to call the question.
The motion to call the question was seconded.
The motion to call the question carried by the following vote:
Ayes: Sidhu, Browne, Buchanan, and Donovan (4)
Nays: Brenner (1)
Absent: Weimer (out of the room) and Mann (2)
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Sidhu, Browne, Buchanan, and Donovan (4)
Absent: Weimer (out of the room) and Mann (2)
Councilmembers and Twitchell discussed returning water to the wetland.
Donovan moved to amend:
• 16.16.680(E)(3), Wetland mitigation, "When use of the guidance for Calculating
Credits and Debits for Compensatory Mitigation in Wet /ands of Western
Washington (Department of Ecology Publication #10 -06 -011, as amended)
results in a lower mitigation ratio than the standard ratios."
Special Committee of the Whole, 8/8/2017, Page 4
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• 16.16.680, Wetland mitigation, "G. All mitigation areas ... and ensure permanent
protection of critical area functions and valuesna- erpe%rity. Permanent
protection shall...."
• 16.16.690(A)(2)(h), "A demonstration that the site will have adequate buffers
sufficient to permanently' protect the wetland functions its- pe�y."
The motion was seconded.
Councilmembers and staff discussed the permanency of a residence
The motion carried by the following vote:
Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Absent: Mann (1)
Councilmembers and staff discussed substantial developed surfaces and roads that
are existing and legally - established; whether wetland delineations would include the entire
wetland area, which may include adjacent properties; how soon a County staff person could
reasonably respond to a delineation.
Brenner moved to amend 16.16.670(B) to add a week timeframe in which County
verification can happen, so time and elements can't cause problems with flagging.
The motion was seconded.
Councilmembers continued to discuss the two instances in which a delineation is
required and adding staff for quicker response times.
Brenner withdrew the motion to amend.
Councilmembers and staff discussed whether existing improvements have to be
related to the presence of wetlands.
OTHER BUSINESS
There was no other business.
ADJOURN
Oy X%J, Iffill I,
urned at 4:50 p.m.
'`S° 1bP1 ur c+�, pp�o d these minutes on September 26, 2017.
ATTEST? ? C � A -
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4�i
Dana Brovdty -iDavi0,1Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ba uchanan, Council Chair
Special Committee of the Whole, 8/8/2017, Page 5