HomeMy WebLinkAboutSpecial Committee of the Whole September 26 20171
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
September 26, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 3:35 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)
Cliff Strong, Planning and Development Services Department, gave a staff report and
referenced the memos in the Council packet.
Ryan Ericson, Planning and Development Services Department, answered questions.
Councilmembers and staff discussed referencing wetland boundaries being surveyed,
how applicants can do their own surveys, and the availability of GIS topography with two -
foot contours.
Brenner moved to add to a section to 16.16.900, `Survey' means one of the
following:
1. A survey completed by a licensed Surveyor
2. Mapping using a compass and tape
3. Mapping using a smart phone or hand held GPS."
The motion was seconded.
Councilmembers discussed requiring a homeowner versus a licensed surveyor and
amending to change the order of the items listed. Item one would be moved to item three.
Browne suggested a friendly amendment to add language to indicate a licensed
surveyor is not required.
Brenner accepted the friendly amendment to amend and add to 16.16.900, "
Survey' means one of the following:
1. Mapping using a compass and tape (licensed surveyor not required)
2. Mapping using a smart phone or hand held GPS (licensed surveyor not required)
3. A survey completed by a licensed Surveyor."
Special Committee of the Whole, 9/26/2017, Page 1
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The motion carried as amended by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne moved to add language to 16.16.670(B)(7)(c)(viii) "...provided by
Whatcom County PDS or the applicant may provide a topographic survey conducted using
the survey standards of Whatcom County."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Browne moved to add an item to 16.16.250, submittal requirements and critical
areas review process:
F. Elements of a critical area assessment are encouraged to be submitted
together for timely review. However, the Technical Administrator may allow
the various components to be submitted independently at different phases of
a project if s /he determines piecemeal review will benefit the review process
or at the request of the applicant.
The motion was seconded.
Councilmembers and staff discussed possible amendments and whether the term
"piecemeal" is a technical term.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
Nays: None (0)
Councilmembers discussed the science and best management practices source from
the National Resource Conservation Service (NRCS) standards, the appropriate ratio of
animal units to acres, whether people who don't have critical areas have to have a
Conservation Program on Agriculture Lands (CPAL) plan, and the original purpose of an
exemption for youth groups.
Leslie Honcoop spoke about her work to get the agricultural community involved and
not burdening the students any further.
Brenner moved to hold to the next meeting. The motion was not seconded.
Sidhu moved to accept the staff changes and incorporate any changes at the next
meeting. Add language:
16.16.814 Exemptions.
The following are exempt from having to obtain a Conservation Farm Plan:
A. Landowners who do not have critical areas on their property.
B. Landowners who keep agricultural activities out of the standard critical areas
and their buffers.
C. Landowners who do not exceed a ratio of 1 animal unit per 3 grazable acres
and manage their animals to avoid a direct discharge of sediment or fecal
matter to surface waters. Indicators of direct discharge can include de-
Special Committee of the Whole, 9/26/2017, Page 2
1 vegetated riparian area, unfenced access to a stream, or animal confinement
2 areas adjacent to surface waters. This is a ratio of animal units to grazable
3 acres and may be used on parcels of any size.
4 D. Youth agriculture education programs that promote the use of agriculture best
5 management practices through the use of a checklist developed by the
6 Whatcom County Conservation District in cooperation with Whatcom County.
7 - and -
8 Add the following definition to 16.16.900 Definitions, " "Grazable acres" means both
9 pasture and hay land as described in the Whatcom County Standard Farm Conservation
10 Planning Workbook."
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12 The motion was seconded.
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14 The motion carried by the following vote:
15 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Brenner (6)
16 Nays: Donovan (1)
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18 Sidhu moved to have one flat buffer size of all Category IV, regardless of habitat
19 score.
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21 The motion was seconded.
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23 The motion carried by the following vote:
24 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Brenner (6)
25 Nays: Donovan (1)
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27 Brenner moved to add a definition to 16.16.900, " "May" means the action is
28 allowable, provided it conforms to the provisions of this Chapter."
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30 The motion was seconded.
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32 The motion carried by the following vote:
33 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
34 Nays: None (0)
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36 Ericson referenced and read through the staff report addendum dated August 24,
37 2017, beginning on Council packet page 244, regarding recommended changes to clarify
38 proposed code for compliance and future land use procedure code alterations. The changes
39 are for clarification and consistency. There are no new requirements beyond the current
40 requirements. After further review of the proposed changes, code enforcement staff does
41 not recommend changing the language in section 16.16.220.
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43 Sidhu moved all the changes in the addendum memo, except the changes to
44 subsection .220.
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46 The motion was seconded.
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48 Councilmembers discussed the source of additional language to section 16.16.690
49 from submittal requirements and as suggested by code enforcement staff, the definition and
50 costs of technical studies as referenced in section .250(C)(1), the difference between the
51 critical areas assessment report and technical reports, and when a detailed written decision
52 is necessary for compliance versus noncompliance.
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Special Committee of the Whole, 9/26/2017, Page 3
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Linda Twitchell stated she would like to have a redline /strikeout version of the
ordinance when Introduced available on the County's website.
Wendy Harris stated changes should go through the Department of Ecology (DOE)
wetlands specialist, who was a member of the technical advisory committee, and should be
related to best available science.
Browne moved to amend item 16.16.250.C.4, "...and shall provide a detailed
written decision e€-es Iia -ee, this determination shall be included...."
Sidhu accepted the motion as a friendly amendment.
The motion as amended carried by the following vote:
Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
Nays: None (0)
Abstains: Brenner (1)
Strong stated he will bring forward the amended ordinance for Introduction on
October 10 and a public hearing on October 24
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:58 p.m.
The Council approverl these minutes on November 21, 2017.
.
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DanCBrown,=,#�\,�ifl„1 )t4iincil Clerk
JillI 41.°
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
r chap , _ ouncil Chair
Special Committee of the Whole, 9/26/2017, Page 4