HomeMy WebLinkAboutSpecial Committee of the Whole November 14 20171
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
November 14, 2017
CALL TO ORDER
Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner,
Donovan, and Barry
Absent: Rud Browne
COMMITTEE DISCUSSION
Ken Mann, Satpal Sidhu, Carl Weimer, Todd
Buchanan.
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 (AB2016 -276L)
The following Planning and Development Services Department staff answered
questions:
• Cliff Strong
• Ryan Ericson
Councilmembers and staff discussed amending the definition of ongoing agriculture.
Buchanan stated they would hold discussion of the definition of ongoing agriculture
to the next meeting on November 21, 2017.
(Clerk's Note: Councilmember Weimer left the meeting.)
Strong stated staff agrees with proposed amendment items 20 and 24, which are
proposed by Councilmember Brenner as shown in the Council packet. Councilmember
Brenner agreed to withdraw proposed amendment items 25 and 30. The definition in item
34 can be deleted.
Donovan moved to approve the following proposed amendments:
• ITEM 20: 16.16.640(D), "The applicant implements all reasonable measures
to ice minimize the adverse effects of..."
• ITEM 24: 16.16.720 (3)(4), "Private trails shall not exceed § 4 feet in width,
and public trails shall not exceed 10 feet in width, and shall be made of
pervious material or on an elevated structure where feasible. Trails may
include limited viewing platforms that shall not exceed 4-2 8 feet in width and
shall be made of pervious materials where feasible."
• ITEM 34: delete the definition of "overnight accommodation"
Special Committee of the Whole, 11/14/2017, Page 1
1
2 The motion was seconded.
3
4 The motion carried by the following vote:
5 Ayes: Brenner, Mann, Sidhu, Buchanan, and Donovan (5)
6 Nays: None (0)
7 Absent: Weimer and Browne (2)
8
9 Brenner moved to amend 16.16.235(B)(4 -5) to not require notification to remove
10 hazard trees. If there are problems, it should be complaint- driven, but not illegal.
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12 The motion was seconded.
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14 Councilmembers and staff discussed a property owner's ability to fell hazardous trees
15 in critical areas.
16
17 The motion failed by the following vote:
18 Ayes: Brenner and Mann (2)
19 Nays: Sidhu, Buchanan, and Donovan (3)
20 Absent: Weimer and Browne (2)
21
22 Brenner moved to amend 16.16.262(C)(1), "The plan shall be reviewed... other
23 local, state, and /or federal and/oF tribal agencies -er expeFts."
24
25 The motion was seconded.
26
27 Councilmembers and staff discussed whether or not it's appropriate for a technical
28 administrator (TA) to consult tribal officials.
29
30 The motion failed by the following vote:
31 Ayes: Brenner (1)
32 Nays: Sidhu, Buchanan, Mann, and Donovan (4)
33 Absent: Weimer and Browne (2)
34
35 Strong reported on whether the County will develop an in- lieu -of -fee program.
36
37 Brenner moved to amend 16.16.264, "To— aid—in the --i plementation of effGst e
38 „
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40 The motion was seconded.
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42 Councilmembers and staff discussed whether the County will develop an in- lieu -of-
43 fee program, the State setting the credit price, comparisons with mitigation banking
44 programs, and whether the offsite mitigation would benefit some residents.
45
46 Brenner withdrew the motion.
47
48 Brenner moved to amend 16.16.264(4), "Land acquisition and initial physical and
49 biological improvements of the mitigation site must be completed within th ee five years of
50 the credit sale."
51
52 The motion was seconded.
53
Special Committee of the Whole, 11/14/2017, Page 2
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Councilmembers and staff discussed the County's ability to vary from State
Department of Ecology (DOE) standards.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, and Donovan (5)
Nays: None (0)
Absent: Weimer and Browne (2)
Brenner moved to amend 16.16.265(A), "The signs shall be posted near primary
access points and approximately every 200 feet along the critical area boundary unless e
tec- hniea n4Ri 3tratO�-- E r-mrimmes -
The motion was seconded.
Staff agreed with the proposed amendment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, Buchanan, and Donovan (5)
Nays: None (0)
Absent: Weimer and Browne (2)
Brenner moved to amend 16.16.265(B), "This requirement ffhaty shall be waived ...."
The motion was seconded.
Councilmembers and staff discussed the decisions of the geologist and technical
administrator.
The motion carried by the following vote:
Ayes: Brenner, Mann, Sidhu, and Buchanan (4)
Nays: Donovan (1)
Absent: Weimer and Browne (2)
Councilmembers and staff discussed an appropriate length of time a variance
applicant should have before an application expires due to lack of activity and given codes
that change over time.
Brenner moved to amend 16.16.273 (C)(d), "Any application for a variance that
remains inactive for a period of 180 days shall expire and a new application and repayment
of fees shall be required to reactivate the proposal; provided, that the technical
administrator may grant a--single 0 day Y--&x, 5 one -year extensions for good cause.
Delays such as those caused by public notice requirements, environmental (SEPA) review,
litigation directly related to the proposal, or changes in government regulations shall not be
considered as part of the inactive period."
The motion was seconded.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Donovan, Sidhu, and Buchanan (3)
Absent: Mann (out of the room), Weimer, and Browne (3)
Special Committee of the Whole, 11/14/2017, Page 3
1 Councilmembers and staff discussed what an applicant needs to do to keep an
2 application active.
3
4 Brenner moved to amend 16.16.273 (C)(d), "Any application for a variance that
5 remains inactive for a period of 180 days shall expire and a new application and repayment
6 of fees shall be required to reactivate the proposal; provided, that the technical
7 administrator may grant a- s-kig 4e-9G- day+- --exte o-a 2 one -year extensions for good cause.
8 Delays such as those caused by public notice requirements, environmental (SEPA) review,
9 litigation directly related to the proposal, or changes in government regulations shall not be
10 considered as part of the inactive period."
11
12 The motion was seconded.
13
14 The motion failed for a lack of a majority of the full Council, by the following vote:
15 Ayes: Brenner, Sidhu, and Buchanan (3)
16 Nays: Donovan (1)
17 Absent: Mann (out of the room), Weimer, and Browne (3)
18
19 Sidhu moved to amend 16.16.273 (C)(d), "Any application for a variance that
20 remains inactive for a period of 189 days one year shall expire and a new application and
21 repayment of fees shall be required to reactivate the proposal; provided, that the technical
22 administrator may grant a�1 9fl#ay -er�si 2 one -year extensions for good cause.
23 Delays such as those caused by public notice requirements, environmental (SEPA) review,
24 litigation directly related to the proposal, or changes in government regulations shall not be
25 considered as part of the inactive period."
26
27 The motion was seconded.
28
29 The motion carried by the following vote:
30 Ayes: Mann, Brenner, Sidhu, and Buchanan (4)
31 Nays: Donovan (1)
32 Absent: Weimer and Browne (2)
33
34 Brenner moved to amend 16.16.300, "The purpose of this Article is to reduce
35 minimize risks to human life and safety and reduee minimize the risk of damage to
36 structures and property from geologic hazards, to allow for natural geologic processes
37 supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform
38 land use and planning decisions. It is recognized that the elimination of all risk from
39 geologic hazards is not feasible to achieve but the purpose of this Article is to Feduee
40 minimize the risk to acceptable levels."
41
42 Councilmembers and staff discussed the definitions of "reduce" and "minimize."
43
44 The motion failed for a lack of a majority of the full Council, by the following vote:
45 Ayes: Brenner, Donovan, and Mann (3)
46 Nays: Sidhu and Buchanan (2)
47 Absent: Weimer and Browne (2)
48
49 Brenner moved to amend 16.16.325(C)(3), "The setback shall include
50 consideration of vegetation on the potential landslide area and in areas above and below the
51 potential landslide area. The technical administrator shall have the authority to require
52 vegetation or other measures to protect gave slope stability and shall have the
53 authority to require a mitigation plan developed in accordance with 16.16.260, and a
Special Committee of the Whole, 11/14/2017, Page 4
conservation easement in accordance with WCC 16.16.265(C) to ensure appropriate
vegetation improvements are installed, maintained, and preserved."
The motion was seconded.
Councilmembers and staff discussed whether the motion would prohibit some people
from doing any project that requires improvements on unstable slopes.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Sidhu, Buchanan, Donovan, and Mann (4)
Absent: Weimer and Browne (2)
Brenner moved to amend 16.16.420:
16.16.420 Frequently Flooded Areas - General Standards.
A.
B.
a. FEMA's National Flood Insurance Program (NFIP); il'e�i ire
b4tat-s- fof4isted ,.p,,t.ies;
b- d.....
C. The technical administrator shall have the authority to require, habitat
assessment, -and-- i-f— n -eeess a", a mitigation plan pFepaFed by a quaWied
f , flee - smith -th e rarl- t
of Frequently Flooded Areas; provided, that such mitigation shall be
consistent and compatible with the goal of protecting health and safety
and minimizing risks to property.
The motion was seconded.
Councilmembers and staff discussed whether the motion gives the technical
administrator the ability to require consistency and mitigation with other programs in
addition to the Federal Emergency Management Agency (FEMA) National Flood Insurance
Program (NFIP).
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Sidhu, Buchanan, Donovan, and Mann (4)
Absent: Weimer and Browne (2)
(Clerk's Note: Councilmember Mann left the meeting.)
Brenner moved to amend 16.16.430(C) & (F):
C. In addition to the requirements of WCC 16.16.225, critical areas
assessment reports for frequently flooded areas shall:
1. Identify any federally listed species and associated habitats, and
demonstrate that ne- -h-aFm will & f "^ s K; s -as
a- Fesult of development (F�d usive of Fnitigatie, } wili minimize
impacts within frequently flooded areas.
2 -3. ...
F. Critical areas assessment report requirements may be waived for single -
family developments and structures accessory to agricultural uses when
Special Committee of the Whole, 11/14/2017, Page 5
1 the technical administrator and the public works department determine
2 that ee a�let� err they will minimize risks to life, property, or
3 ecological functions will eeeu .
4
5 The motion was seconded.
6
7 Councilmembers and staff discussed whether it's possible to prove there would be no
8 adverse impacts and whether the law requires that no harm will occur to federally - listed
9 species.
10
11 The motion failed by the following vote:
12 Ayes: Brenner (1)
13 Nays: Sidhu, Buchanan, and Donovan (3)
14 Absent: Mann, Weimer and Browne (3)
15
16 Councilmembers and staff discussed how to show loss of wildlife habitat is
17 minimized, the standard for no net loss.
18
19 Brenner moved to amend 16.16.710(C)(1)(B)(ii), "The waterway is used by
20 anadromous or resident salmonid or other resident fish populations; of and,"
21
22 The motion was seconded.
23
24 Councilmembers discussed restrictions on manmade ditches that now mimic
25 streams, being consistent with state law, and the original definitions.
26
27 The motion failed by the following vote:
28 Ayes: Brenner (1)
29 Nays: Sidhu, Buchanan, and Donovan (3)
30 Absent: Mann, Weimer and Browne (3)
31
32 Councilmembers and staff discussed identifying suitable habitat for listed species,
33 which may be subjective.
34
35 Brenner moved to amend 16.16.820(D), so that row, berry, and orchard crops are
36 defined as type 1 by their impacts, not their size.
37
38 The motion was seconded.
39
40 Councilmembers and staff discussed whether small hobby farms with orchards or
41 berries qualify for a type 1 or 2 farm plan; whether the qualifier should be about amount of
42 fertilizers used, not farm size; what is the threshold between a type 1 hobby berry farm and
43 type 2 berry farm; and disclosure of farming practices.
44
45 Brenner amended her motion to amend 16.16.820(D)(a), "...of grazable pasture
46 These operations...."
47
48 The amended motion was seconded.
49
50 The motion carried by the following vote:
51 Ayes: Brenner, Sidhu, Buchanan, and Donovan (4)
52 Nays: None (0)
53 Absent: Mann, Weimer and Browne (3)
Special Committee of the Whole, 11/14/2017, Page 6
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:20 p.m.
The COLInCil approved these minutes on February 27, 2018.
ATTFSTI .'y� GCj
W
Dana-:B row6 -9 vwsq °Courtic l Clerk
4� �.
i 1���"�A\t
Jill Nixon, Minutes Transcr ption
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
tBarruaZnA,Council Chair
Special Committee of the Whole, 11/14/2017, Page 7