HomeMy WebLinkAboutSpecial Committee of the Whole November 8 20171
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHATCOM COUNTY COUNCIL
Special Committee of the Whole
November 8, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 2:49 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. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING WHATCOM
COUNTY CODE CHAPTER 16.16 (CRITICAL AREAS) AND WHATCOM COUNTY
CODE CHAPTER 23.10 (SHORELINE MANAGEMENT PROGRAM — PURPOSE
AND INTENT) PERTAINING TO THE PROTECTION AND REGULATION OF
ENVIRONMENTALLY CRITICAL AREAS (ORDINANCE MAY BE INTRODUCED
THIS EVENING) (AB2016 -276L)
Cliff Strong, Planning and Development Services Department, gave a staff report.
Brenner moved to approve the revised version of ongoing agriculture as shown in
Dannon Traxler's letter. "Ongoing Agriculture means all agricultural uses and practices,
including, but not limited to: Producing, breeding, or increasing agricultural products;
rotating and changing agricultural crops; allowing land used for agricultural activities to lie
fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural
activities to lie dormant as a result of adverse agricultural market conditions; allowing land
used for agricultural activities to lie dormant because the land is enrolled in a local, state, or
federal conservation operation; maintaining, repairing, and replacing agricultural
equipment; maintaining, repairing, and replacing agricultural facilities, provided that the
replacement facilities are no closer to the critical area than the original facilities; and
maintaining agricultural lands under production or cultivation. An operation ceases to be
ongoing when the area on which it was conducted has been converted to a non - agricultural
use"
The motion was seconded.
Dannon Traxler, attorney, referenced her letter of November 6, 2017 to the Council
and stated retain the revised definition to not punish farmers who may have to allow their
land to lay fallow based on economic or other reasons. The Conservation Program on
Agriculture Lands (CPAQ is just as environmentally protective as the critical areas
ordinance.
Special Committee of the Whole, 11/8/2017, Page 1
The following staff answered questions:
• Royce Buckingham, Prosecutor's Office
• Ryan Ericson, Planning and Development Services Department
Councilmembers discussed the effects of the CPAL and the Conservation Reserve
Enhancement Program (CREP), the risk of Growth Management Act (GMA) non - compliance,
whether the CPAL is a compliant alternative to the critical areas ordinance (CAO), how to
define what is a new area of farming, whether the intent is to allow new critical areas into
agricultural use, the omission of the time limit, the Food Securities Act of 1985, whether
CPAL protects habitat.
Brenner withdrew her motion to approve the definition of ongoing agriculture and
moved to hold the definition in committee for two weeks so staff can work with Ms. Traxler
to propose appropriate language.
The motion was seconded.
The motion failed by the following vote:
Ayes: Brenner, Sidhu, and Browne (3)
Nays: Buchanan, Donovan, Mann, and Weimer (4)
Donovan moved to approve the existing definition of ongoing agriculture.
The motion was seconded.
(Clerk's Note: This motion was not voted on.)
Councilmembers discussed allowing staff time to develop a definition everyone can
agree on.
Donovan moved to reconsider the previous motion to hold in committee.
The motion to reconsider was seconded.
The motion to reconsider carried by the following vote:
Ayes: Brenner, Sidhu, Donovan, Buchanan, and Browne (5)
Nays: Mann and Weimer (2)
Committee members discussed the deadlines for adopting the update.
The original motion to hold in committee for two weeks carried by the following vote:
Ayes: Brenner, Sidhu, Donovan, Buchanan, and Browne (5)
Nays: Mann and Weimer (2)
Donovan moved to remove the exemption section 16.16.814.
The motion was seconded.
Committee members discussed whether there was a problem to begin with, how it
will be enforced, and revisiting the critical areas ordinance (CAO) at any time in the future.
Special Committee of the Whole, 11/8/2017, Page 2
1 Traxler reported on the agricultural community's recommendation to remove the
2 exemption language and replace it with language that would exempt anyone who can meet
3 certain circumstances and requirements. That's generally how things are done already.
4
5 The motion carried by the following vote:
6 Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6)
7 Nays: Brenner (1)
8
9 Strong gave a staff report on lahars. If in a critical area, they should look at site
10 plans and develop the property so it avoids impacts.
11
12 Browne moved to amend 16.16.320(B) to add a sentence to the end, "...on a
13 property. This section shall not apply to properties located wholly within a lahar hazard
14 zone and the impact avoidance measures is for lahar hazards."
15
16 The motion was seconded.
17
18 Mann moved to amend the motion to remove "wholly."
19
20 The motion was seconded.
21
22 (Clerk's Note: This motion was not voted on.)
23
24 Committee discussed how the County can suggest people move their project if their
25 property is partially or wholly in a lahar hazard zone, and whether it would require someone
26 to reduce the number, size, or scale of the buildings.
27
28 Seth Woolsen, attorney, spoke about the language he recommends, which allows
29 staff to suggest that a project be moved to a portion of the property not in a lahar hazard
30 zone.
31
32 Browne withdrew his motion and moved to adopt Mr. Woolsen's suggested
33 language to amend 16.16.320(B) with an amendment, "...will be permitted on a property.
34 So long as an applicant complies with WCC 16.16.350(6), the County shall not be permitted
35 to require lahar impact avoidance measures that reduce the number, size, or scale of
36 buildings, driveways, and other features; require the owner to forego construction of
37 accessory structures; or prevent uses otherwise allowed per the property's zoning district
38 based solely on the property's location with a lahar hazard zone."
39
40 The motion was seconded.
41
42 The motion carried by the following vote:
43 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
44 Nays: Weimer (1)
45
46 Browne moved the to amend 16.16.350(B)2), "...the following uses nclay be are
47 allowed...."
48
49 The motion carried by the following vote:
50 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6)
51 Nays: Donovan (1)
52
53 Councilmembers and staff discussed creating travel time projection maps.
Special Committee of the Whole, 11/8/2017, Page 3
1
2 Donavan moved to approve amendments:
3 16.16.320(B), "Impact avoidance measures shall ... scale of buildings and
4 appurtenant -, dfi_ewayc and-ether features; altering the configuration or layout of
5 the proposed development; implementing special engineering methods for
6 construction, drainage, runoff management etc.; nstruetien of
7 accesseFy stFu-et-u-r-es-,L preserving native...."
8 16.16.345, "The following activities may be allowed ... have been applied:
9 A. Developments that will have -rye minimize the threat to the health or safety of
10 people and will not increase the risks of alluvial fan hazards on er off the site and
11 meet the reasonable use standards as set forth in WCC 16.16.270.
12 B....
13 C....
14 D. Accessory structures not involving human occupancy shall be allowed as long
15 as the structure will not increase the alluvial fan hazards en e off the site."
16
17 The motion was seconded.
18
19 The motion carried by the following vote:
20 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7)
21 Nays: None (0)
22
23 Councilmembers and staff discussed why habitation can't occur if impacts can be
24 mitigated or minimized.
25
26 Brenner moved to amend section 4.1 of the best available science review report to
27 delete the fifth bullet point, "4ses that do - net- fegUiFe human habttat�i ef�-a4ver-se
28 ji--npaets-ean--be�—J-T eld ft; ated -." E)F
29
30 The motion was seconded.
31
32 The motion failed by the following vote:
33 Ayes: Brenner and Sidhu (2)
34 Nays: Mann, Browne, Buchanan, Weimer and Donovan (5)
35
36 Weimer moved to reject all the rest of the proposals beginning on Council packet
37 page 375: two through 13, 15, 16, and 18 through 35.
38
39 The motion was seconded.
40
41 The motion failed by the following vote:
42 Ayes: Weimer (1)
43 Nays: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
44
45 Brenner moved to hold in committee the remaining items two through 13, 15, 16,
46 and 18 through 35 for two weeks.
47
48 The motion was seconded.
49
50 The motion carried by the following vote:
51 Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6)
52 Nays: None (0)
53 Absent: Weimer (out of the room) (1)
Special Committee of the Whole, 11/8/2017, Page 4
Buchanan stated the Committee of the Whole would hold a special work session in
one week.
2. DISCUSSION OF A PROPOSED ORDINANCE ADOPTING WHATCOM COUNTY
ZONING CODE AMENDMENTS RELATING TO THE RESORT COMMERCIAL
DISTRICT, PLANNED UNIT DEVELOPMENT CHAPTER, AND A NEW DENSITY
CREDITS CHAPTER (ORDINANCE SCHEDULED FOR INTRODUCTION THIS
EVENING) (AB2017 -319)
Matt Aamot, Planning and Development Services Department, submitted and read
from a presentation (on file). He answered questions about whether the information went
to the fire districts; why the two committees suggested $4,000; the cost of development
outside of cities; what is the market and whether there is interest; setting the price;
creating a market - driven approach to get development out of valuable agriculture land and
other areas and into established urban growth areas; establishing a fee schedule and
setting a price; and that recreational facilities should include trails.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:33 p.m.
Th�,Q ouncil approved these minutes on January 30, 2018.
ATTEST-
V c Oouj"r y
Dana Brown- Dams, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Bar Bu hanan, ouncil Chair
Special Committee of the Whole, 11/8/2017, Page 5