HomeMy WebLinkAboutSpecial Committee of the Whole April 10 20181 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 April 10, 2018
5
6
7 CALL TO ORDER
8
9 Council Chair Rud Browne called the meeting to order at 3:04 p.m. in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
11
12
13 ROLL CALL
14
15 Present: Tim Ballew, Barbara Brenner, Rud Browne, Barry Buchanan, Tyler
16 Byrd, Todd Donovan, and Satpal Sidhu.
17 Absent: None.
18
19
20 COMMITTEE DISCUSSION
21
22 1. DISCUSSION OF SPECIFIC SECTIONS OF THE PROPOSED ORDINANCE
23 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 2,
24 ADMINISTRATION AND PERSONNEL; TITLE 9, PUBLIC PEACE, MORALS AND
25 WELFARE; TITLE 15, BUILDING AND CONSTRUCTION; TITLE 16,
26 ENVIRONMENT; TITLE 20, ZONING; TITLE 21, LAND DIVISION
27 REGULATIONS; TITLE 23, SHORELINE MANAGEMENT PROGRAM; TITLE 24,
28 HEALTH; AND CREATING A NEW TITLE 22, LAND USE AND DEVELOPMENT
29 PROCEDURES, TO RELOCATE AND REVISE PROCEDURES FOR LAND USE AND
30 DEVELOPMENT RELATED PROJECT PERMITS AND LEGISLATIVE ACTIONS
31 CODE (AB2018 -056)
32
33 B. Council discussion and preliminary direction on sections of proposed Title 22
34 addressing Final Decision, Recommended Decisions to County Council, Permit Review
35 Timeframe i Expiration of Project Permits, Permit Revocation Procedures, Appeals, Annual
36 Report, interpretation, Conflict, and Severability (proposed 22.05.110 through 22.05.180)
37
38 The following staff submitted and read from a presentation (on file) and answered
39 questions:
40 • Amy Keenan, Planning and Development Services Department
41 0 Royce Buckingham, Prosecutor's Office
42 a Nick Smith, Planning and Development Services Department
43
44 Councilmembers and staff discussed the impact to the Superior Court caseload, the
45 impact of a process that bypasses the Council review and goes straight to Superior Court,
46 the timeline for expiration of project permits, the policy reasons for creating timelines, how
47 the staff moved around the appeal section language, the process for a closed record
48 hearing, and limits on the number of public hearings on appeals.
49
50 A. Audience members are invited to comment on sections of proposed Title 22
51 addressing Final Decision, Recommended Decisions to County Council._ Permit Review
52 Timeframes, Expiration of Project Permits, Permit Revocation Procedures, Appeals, Annual
53 Report, Interpretation, Conflict, and Soverability (proposed 22.05.110 through 22.05.180)
Special Committee of the Whole, 4/10/2018, Page 1
Linda Twitchell, Building Industry Association, spoke about problems with the
requirement for a determination of completeness before applying for a building permit.
Roger Almskaar submitted handouts on agenda items AB2018 -129 and AB2018 -114,
scheduled later in the meeting, and spoke about removing the Council from the appeals
process, the need for more flexibility on timelines and extensions, and old subdivision
applications that are still pending.
Wendy Harris spoke about the impact of vested rights on the public interest, creating
stronger enforcement procedures, and transferring power from the legislative branch to the
administrative branch.
Kathy Sable spoke about the appeal process, the Hearing Examiner's public hearing
process, and the criteria used to determine whether a one -year extension is allowed.
Doug Campbell, Associated Project Consultants Engineer, spoke about vesting
provisions for short subdivisions, binding site plans, and long- plats.
Councilmembers and staff discussed the natural resource assessment purpose and
requirements, recent Supreme Court cases that have addressed vesting timelines, providing
clear guidance on permit and vesting requirements and timeframes, and the vesting
changes to binding site plans.
2. DISCUSSION OF RECOMMENDATIONS OUTLINED IN CASCADIA LAW GROUP
REPORT ENTITLED REDUCING IMPACTS FROM FOSSIL FUEL PROJECTS
(AB2018 -076A)
Donovan spoke about four items of direction he would like to give staff related to the
report's recommendations:
1. Require conditional use permit for certain uses in the Cherry Point heavy
industrial district for land use and shoreline permits
2. Review State Environmental Policy Act (SEPA) policy so they have a clear basis
for when mitigation is expected
3. Provisions for changes in use or occupancy for facilities in Cherry Point, including
provisions to address change in occupancy
4. New provisions for major project permits that the development agreements
would pay for traffic and environmental impacts
He will write a resolution asking staff to move forward on these four
recommendations.
Jack Louws, County Executive, answered questions and stated they need to consider
moving forward with regulations regarding the moratorium on the export of fossil fuels.
Councilmembers and staff discussed inviting t
and these recommendations in terms of the issues,
transportation; a recent public hearing on the entir e
moratorium on certain facilities at Cherry Point; and
draft resolution.
(Discussion continued later in the meeting.)
he industry to comment on the report
which are public safety, liability, and
report; the language of the current
the process for the Council to write a
Special Committee of the Whole, 4/10/2018, Page 2
1
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
3. DISCUSSION OF A PROPOSED ORDINANCE REPEALING ORDINANCE NOS.
2018 -001 AND 2018 -005 AND ADOPTING AMENDMENTS TO THE WHATCOM
COUNTY COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE
15 BUILDINGS AND CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND
DIVISION REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO
WATER RESOURCES AND IMPLEMENTING ESSB 6091 (THIS ITEM IS
SCHEDULED FOR INTRODUCTION THIS EVENING) (AB2018 -129)
Byrd moved to hold in committee for two weeks this item and the last agenda item.
The motion was seconded.
Mark Personius, Planning and Development Services Department Director, stated
that it can be withdrawn from the evening meeting and held for two weeks.
Brenner suggested a friendly amendment to allow public discussion today.
Byrd accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Ballew, Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (7)
Nays: None (0)
The following people spoke:
• Ellen Baker stated staff made many changes after the Planning Commission
review that need to be discussed.
Karen Frakes, Prosecutor's Office, spoke about the compliance deadline.
2. DISCUSSION OF RECOMMENDATIONS OUTLINED IN CASCADIA LAW GROUP
REPORT ENTITLED REDUCING IMPACTS FROM FOSSIL FUEL PROJECTS
(AB2018 -076A)
(Discussion continued from earlier in the meeting.)
The following people spoke:
• Brett Bonner, Whatcom Business Alliance, spoke about inviting the industry to
the table to speak on this issue.
• Wendy Harris spoke about air quality risks to public health and regulating
train traffic.
• Linda Twitchell, Building Industry Association, stated she supports having a
public meeting.
• Eddie Ury, ReSources for Sustainable Communities, spoke about having a
special joint meeting with the industry and other stakeholders and the County
requiring conditions on project permits.
Councilmembers discussed the process for getting input from the industry.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. RESOLUTION RECOGNIZING THE ROLES AND DUTIES OF WHATCOM
COUNTY, THE WRIA 1 PLANNING UNIT, AND THE WRIA 1 INITIATING
Special Committee of the Whole, 4/10/2018, Page 3
1
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
GOVERNMENTS REGARDING WATER RESOURCES PLANNING UNDER RCW
90.82 AND ESSB 6091 (AB2018 -114)
This item was held in committee.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:07 p.m.
The Council approved these minutes on April 24, 2018.
r
ATTEST:' f
r
Dana j3rowh- Davis; C00 il Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCQI'1 CO , WASHINGTON
Rud YOowne, Council Chair
Special Committee of the Whole, 4/10/2018, Page 4