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HomeMy WebLinkAboutSpecial Committee of the Whole February 27 20181 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 February 27, 2018 CALL TO ORDER Council Chair Rud Browne called the meeting to order at 1:25 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, and Satpal Sidhu. Absent: None. COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS (AB2018 -084) Matt Aamot, Planning and Development Services Department, submitted and read from a presentation (on file) describing the docket items and answered questions. The following people answered questions: Jack Louws, County Executive Mark Personius, Planning and Development Services Department • Lynn Murphy, Puget Sound Energy Staff and councilmembers discussed the docketed item for the six -year capital improvement program, how the Council can impact the priority of docketed items given the available staff resources, the role of subarea plans, commercial forestry areas around Lake Whatcom that the County has taken over, and zoning based on ownership. Timothy Stapleton, State Department of Natural Resources (DNR), spoke about plans for recreation on DNR land and whether Whatcom County wants the DNR to allow off -road vehicle (ORV) as a recreational use on DNR land in Whatcom County. Councilmembers and staff discussed the number of people who support or oppose ORV use on DNR land, determining the impacts of recreational use before submitting the application, whether a sanctioned use would discourage unsanctioned use in the surrounding area, sound and fire complaints, who is responsible for policing problems on property adjacent to DNR land, liability for injuries on public land, the cost and planning process for a sanctioned park, ongoing maintenance, potential for illegal dumping, designated funding versus grant funds, design features of an ORV park, impacts from unsanctioned use versus sanctioned use on habitat and water quality in other counties, hours of use, feedback from people who don't live in Whatcom County, authorizing ORV parks on private commercial forest land by default, and increasing opportunities for tourism in the foothills. Special Committee of the Whole, 2/27/2018, Page 1 1 Aamot continued the staff report and presentation on the Comprehensive Plan and 2 Code amendments docket. 3 4 Staff and councilmembers discussed the number of people on the Agricultural 5 Advisory Committee who are farmers, the Planning Department's ability to docket items at 6 any time, and whether wind energy is viable and profitable. 7 8 Browne referenced and reported on his proposal for the ninth new docket item 9 regarding Cherry Point amendments. 10 11 Councilmembers and staff discussed code amendments in the contract deliverables 12 from Cascadia Law Group regarding the Cherry Point amendments, differentiating between 13 the types of refined and unrefined fossil fuels, and docketing an item to identify the goals 14 for fish recovery and restoring harvest. 15 16 Donovan moved to recommend to the full Council to remove item four regarding 17 the motorized trail system from DNR. 18 19 The motion was seconded. 20 21 Councilmembers discussed whether or not they should allow the docket item to 22 continue to move through the process, the public comments received regarding the rezone, 23 and DNR refining its proposal. 24 25 The motion carried by the following vote: 26 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) 27 Nays: None (0) 28 29 Donovan moved to add item nine, PLN2018- 00009, Cherry Point Amendments, 30 Applicant Whatcom County Council, to: Amend the Whatcom County Comprehensive Plan 31 and Whatcom County Code to address ways the County may limit the negative impacts on 32 public safety, transportation, the economy, and the environment from crude oil, coal, 33 liquefied petroleum gases, and natural gas exports from the Cherry Point Urban Growth 34 Area, in accordance with Whatcom County Comprehensive Plan Policy 2CC -16. 35 36 The motion was seconded. 37 38 The motion carried by the following vote: 39 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) 40 Nays: Brenner and Byrd (2) 41 42 Ballew moved to add a docket item to amend the Comprehensive Plan to create a 43 new policy to work with Lummi and Nooksack Nations, the State Department of Fish and 44 Wildlife (WDFW) and other stakeholders to establish a sustainable salmon harvest goal for 45 the county. 46 47 The motion was seconded. 48 49 The motion carried by the following vote: 50 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) 51 Nays: None (0) 52 Special Committee of the Whole, 2/27/2018, Page 2 1 Staff and councilmembers discussed the status of the older docketed items, creating 2 a sunset clause for older items, the specific docket item regarding weddings and special 3 events, and whether the language regarding the Hirst language is still applicable. 4 5 Donovan moved to recommend to the full Council as amended. 6 7 The motion was seconded. 8 9 The motion carried by the following vote: 10 Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7) 11 Nays: None (0) 12 13 14 COMMITTEE DISCUSSION 15 16 1. ORDINANCE ADOPTING AMENDMENTS TO THE URBAN FRINGE SUBAREA 17 PLAN, WHATCOM COUNTY COMPREHENSIVE PLAN, AND WHATCOM COUNTY 18 ZONING CODE (ORDINANCE SCHEDULED FOR PUBLIC HEARING THIS 19 EVENING) (AB2018 -055) 20 21 Matt Aamot, Planning and Development Services Department, stated there was no 22 recommendation last time from committee. 23 24 Browne stated no action on this is necessary today. 25 26 2. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 2, 27 ADMINISTRATION AND PERSONNEL; TITLE 9, PUBLIC PEACE, MORALS AND 28 WELFARE; TITLE 15, BUILDING AND CONSTRUCTION; TITLE 16, 29 ENVIRONMENT; TITLE 20, ZONING; TITLE 21, LAND DIVISION 30 REGULATIONS; TITLE 23, SHORELINE MANAGEMENT PROGRAM; TITLE 24, 31 HEALTH; AND CREATING A NEW TITLE 22, LAND USE AND DEVELOPMENT 32 PROCEDURES, TO RELOCATE AND REVISE PROCEDURES FOR LAND USE AND 33 DEVELOPMENT RELATED PROJECT PERMITS AND LEGISLATIVE ACTIONS 34 CODE (AB2018 -056) (CONTINUED FROM 2/13/18) 35 36 The following staff submitted and read from a presentation (on file), submitted a 37 handout of the current and proposed code matrix (on file), and answered questions: 38 C Amy Keenan, Planning and Development Services Department 39 a Nick Smith, Planning and Development Services Department 40 41 Staff and councilmembers discussed the process for working through the code 42 amendments. 43 44 Browne moved to hold public hearings sequentially in sections as proposed by staff 45 in each work session. 46 47 The motion was seconded. 48 49 Councilmembers and staff discussed including a scheduled time for public comments 50 during each work session and bundling the non - controversial items together in the same 51 public hearing, major project permit amendments, and impacts of the amendments on the 52 existing permit holders. 53 Special Committee of the Whole, 2/27/2018, Page 3 The motion carried by the following vote: Ayes: Ballew, Browne, Buchanan, Byrd, Donovan, and Sidhu (6) Nays: None (0) Absent: Brenner (out of the room) (1) Staff continued the presentation on amendments to the purpose and applicability, consolidated permit review, pre - application meetings, and the applicant submittal and determination of completeness. Staff and councilmembers discussed noting changes in the decision -maker for certain requests, the creation of an administrative manual, how to make sure the administrative manual is applied consistently, and creating a process for the Council to review changes to the administrative manual. Carol Perry stated she supports the proposed ordinance. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 4:22 p.m. The Council approved these minutes on April 10, 2018. 'OulITY Darla Brovvn- D.avis;' Council,.tlerk Jill Nixon, Minutes Transcription WHATC9M COUNTY COUNCIL WHAT O 77ASHINGTON Rud rowne, Council Chair Special Committee of the Whole, 2/27/2018, Page 4