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HomeMy WebLinkAboutSpecial Committee of the Whole June 5 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 WHATCOM COUNTY COUNCIL Special Committee of the Whole June 5, 2018 CALL TO ORDER Council Chair Rud Browne called the meeting to order at 2:56 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 1, DIRECTION ON COMPREHENSIVE PLAN AMENDMENTS REQUESTED BY COUNCIL THROUGH RESOLUTION 2018 -015 RELATING TO THE CHERRY POINT URBAN GROWTH AREA (AB2018 -076C) Matt Aamot, Planning and Development Services Department, submitted a handout (on file) and gave a presentation beginning on handout page 11, and requested Council direction on materials and substances to be regulated. He answered questions. The following staff answered questions: • Mark Personius, Planning and Development Services Department • Karen Frakes, Prosecutor's Office Staff and councilmembers discussed aligning the definitions with the Department of Ecology, the difference between hazardous materials and hazardous substances, what types of hazardous materials should be regulated, whether any other jurisdictions in the country have some type of similar definitions and restrictions, keeping the definition broad or narrower and more specific, the threshold for State Environmental Policy Act (SEPA) review, and historic and current use of the Cherry Point pier to export gas. Browne moved to amend the zoning code to adopt the same definitions as is used in the shoreline management program for hazardous materials and hazardous substances. The motion was seconded. Councilmembers discussed whether the definitions would make the zoning code more or less restrictive. The motion carried by the following vote: Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Nays: Brenner and Byrd (2) Special Committee of the Whole, 6/5/2018, Page 1 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 Staff and councilmembers discussed the matrix of uses and options for amending the zoning code on handout page 15, the differences between zoning code amendments and shoreline code amendments, whether to process any amendments to the Shoreline Program now or with the 2020 update, and membership on citizen and technical advisory committees to the 2020 Shoreline Program Update. Brenner moved to keep the existing code and permitting requirements for all options in the matrix. The motion was seconded. Councilmembers discussed how they are just giving staff direction on how to write a draft ordinance. They are not making any decisions on the code at this time. The motion failed by the following vote: Ayes: Brenner and Byrd (2) Nays: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Councilmembers and staff discussed whether to process any amendments to the Shoreline Program now or with the 2020 Shoreline Program Update. Donovan moved to move forward now with Comprehensive Plan and zoning code amendments. The motion was seconded. The motion carried by the following vote: Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Nays: Brenner and Byrd (2) Donovan moved to request staff to develop language for zoning conditional use permits for all uses in the matrix, except the additional pier. The motion was seconded. Councilmembers and staff discussed getting public input in addition to three minutes at a public hearing. The motion carried by the following vote: Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) Nays: Brenner and Byrd (2) Councilmembers and staff discussed whether the allowance for the additional pier is vested and updating the Comprehensive Plan for consistency with the shoreline regulations for the additional pier. Donovan moved to accept option three in the matrix on page 20 of the handout, to amend the Comprehensive Plan and zoning amendment to prohibit additional piers. The motion was seconded. Special Committee of the Whole, 6/5/2018, Page 2 1 The motion carried by the following vote: 2 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) 3 Nays: Brenner and Byrd (2) 4 5 Browne moved to request staff to include a review of Policy 2CC -16 to broaden the 6 definition to anything that is a hazardous substance according to the State Washington 7 Administrative Code (WAC). 8 9 The motion was seconded. 10 11 Councilmembers discussed whether or not a broader definition would create 12 unwanted discretion in interpretation. 13 14 The motion carried by the following vote: 15 Ayes: Ballew, Browne, Buchanan, Donovan, and Sidhu (5) 16 Nays: Brenner and Byrd (2) 17 18 Councilmembers discussed empowering a specific advisory committee regarding the 19 proposed ordinance that comes forward. 20 21 This item will be held in committee to discuss SEPA policy, master site planning, and 22 reviewing and revising provisions for change of use. 23 24 25 OTHER BUSINESS 26 27 There was no other business. 28 29 30 ADJOURN 31 32 The meeting adjourned at 4:25 p.m. 33 34 ,,The Council .approved these minutes on June 19, 2018. 35 36 ATTEST.: - 0 WHATC_ M COUNTY COUNCIL 37 4 � �y « '� WHAT 0 CO TY WASHINGTON 38 _ « • GOB -f 39 40 :. 41 42 Dana Bfi6tri -f4* # , tourg7t C erk Rud rowne, Council Chair 43 44 45 rasiiier ti 46 47 Jill Nixon, Minutes Transcription Special Committee of the Whole, 6/5/2018, Page 3