HomeMy WebLinkAboutSpecial Committee of the Whole AM July 10 20181 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
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4 July 10, 2018
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7 CALL TO ORDER
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9 Council Chair Rud Browne called the meeting to order at 9:33 a.m. in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
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13 ROLL CALL
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15 Present: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
16 Donovan, and Satpal Sidhu.
17 Absent: Tim Ballew.
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20 COMMITTEE DISCUSSION
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22 1. DISCUSSION OF PRELIMINARY DRAFT COMPREHENSIVE PLAN AND ZONING
23 AMENDMENTS — CHERRY POINT (AB2018 -076D)
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25 Matt Aamot, Planning and Development Services Department, gave a staff report on
26 the draft amendments and answered questions.
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28 Karen Frakes, Prosecutor's Office, answered questions.
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30 Staff and councilmembers discussed whether there are existing vested rights;
31 limiting negative impacts versus limiting expansion; whether there have been applications
32 that have been subject to the moratorium; policy versus code regulations; identifying
33 quantity when defining hazardous substance; whether the Council can designate bulk coal
34 storage facilities as a prohibited use; and whether the Council intends to allow storage of
35 refined petroleum as a permitted use or a conditional use in the heavy impact industrial
36 zone.
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38 Buchanan moved to retain language in Policy 2CC -16, "above levels in existence as
39 of March 1, 2017."
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41 The motion was seconded.
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43 The motion carried by the following vote:
44 Ayes: Browne, Buchanan, Byrd, Donovan, and Sidhu (5)
45 Nays: None (0)
46 Absent: Ballew (1)
47 Abstains: Brenner (1)
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49 Donovan moved to amend the second bullet in Policy 2CC -16 to retain most of the
50 language, The Prosecuting
51 Attorney and/or ... fossil fuels from Cherry Point."
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53 The motion was seconded.
Special Committee of the Whole (AM), 7/10/2018, Page 1
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The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Ballew (1)
Brenner moved to amend the definition of hazardous substance, "Any liquid ... or
waste, regardless ef quantity above a certain amount to be determined, that exhibits...."
The motion was seconded.
Byrd suggested a friendly amendment, "...in excess of 200 gallons unless
otherwise defined in the Code..."
Brenner accepted the friendly amendment.
The motion failed by the following vote:
Ayes: Brenner and Byrd (2)
Nays: Browne, Buchanan, Donovan, and Sidhu (4)
Absent: Ballew (1)
Donovan moved to remove the references to coal on Council packet pages five
through seven in the following sections of Whatcom County Code 20.66: .063, .068, .081,
.170; and in the following sections of WCC 20.68:.059, .081, and .170. Remove coal from
eligibility as a conditional use permit in light impact industrial and heavy impact industrial
zones. Make coal a prohibited use.
The motion was seconded.
The motion carried by the following vote:
Ayes: Browne, Buchanan, Brenner, Donovan, and Sidhu (5)
Nays: None (0)
Absent: Ballew (1)
Abstains: Byrd (1)
Buchanan moved to amend the hazardous substance definition, "...WAC 173 -303-
090 and /or WAC...."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Byrd, Donovan, and Sidhu (6)
Nays: None (0)
Absent: Ballew (1)
Brenner moved to amend language on Council packet pages five through seven in
the following sections of Whatcom County Code 20.66: .063, .068, .081, .170; and in the
following sections of WCC 20.68: .059, and .081. Remove references to liquefied petroleum
gas or natural gas.
The motion was seconded.
Special Committee of the Whole (AM), 7/10/2018, Page 2
1 The motion failed by the following vote:
2 Ayes: Brenner and Byrd (2)
3 Nays: Browne, Buchanan, Donovan, and Sidhu (4)
4 Absent: Ballew (1)
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6 Browne moved to amend Whatcom County Code section 20.82.030(1)(a) and
7 (2) (a), "....no larger in capacity or number than the pipelines..."
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9 The motion was seconded.
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11 The motion failed by the following vote:
12 Ayes: Buchanan, Browne, and Donovan (3)
13 Nays: Byrd, Brenner, and Sidhu (3)
14 Absent: Ballew (1)
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16 Staff and councilmembers discussed minor and major changes to major project
17 permits and greenhouse gas mitigation and satisfying permitting requirements from other
18 jurisdictions first through the State Environmental Policy Act (SEPA) process.
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20 Browne stated this item is held in committee.
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22 2. DISCUSSION OF PROPOSED INTERIM ORDINANCE RELATING TO ZONING
23 REGULATIONS FOR SITING, ESTABLISHMENT, AND OPERATION OF
24 TEMPORARY HOMELESS FACILITIES (ORDINANCE SCHEDULED FOR
25 INTRODUCTION THIS EVENING) (AB2018 -182A)
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27 Mark Personius, Planning and Development Services Department, gave a staff report
28 and answered questions.
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30 Staff and councilmembers discussed allowing tent encampments in incorporated
31 areas; the maximum number of residents; and the length of each permit extension.
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33 Brenner moved to amend Council packet page 19, section 4, item F, "...greater
34 than 4-00 50...."
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36 The motion was seconded.
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38 The following people spoke:
39
40 Jim Peterson, HomesNOW, answered questions about removing caps on tent
41 encampments.
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43 Doug Gustafson, HomesNOW, stated the preferred piece of land is at 5238 Northwest
44 Drive.
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46 Amy Coughlin stated she has concern about HomesNOW being the organization to
47 handle this.
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49 Joy Gilfilin stated she supports the HomesNOW proposed project.
50
51 Councilmembers and staff discussed defining the size of the tents and tiny homes
52 and appropriate timelines and extensions.
53
Special Committee of the Whole (AM), 7/10/2018, Page 3
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Brenner restated the motion to amend Council packet page 19, Section 4F, "site
conditions, but in no case shall the number be greater than X88 50 people."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Buchanan, Donovan and Byrd (4)
Nays: Browne and Sidhu (2)
Absent: Ballew (1)
Brenner moved to amend Section 5, item A, "...tiny house encampments shall not
exceed X69'50."
The motion was seconded.
Personius stated the number in Section 5.A is a countywide cumulative number.
Brenner withdrew the motion.
Brenner moved to amend Section 4, item M.2, "Sanitary portable toilets, Whieh
sha" be set bael( at least 40 feet freng all pFepeFty lines." Staff can identify restrictions for
each property individually.
The motion was seconded.
Donovan suggested a friendly amendment, "Sanitary portable toilets, which
shall be set back 41AG fleet fFem all preperty H as determined by the Planning
Department Director."
Brenner accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Donovan, Byrd and Sidhu (6)
Nays: None (0)
Absent: Ballew (1)
Sidhu moved to amend Section 5, item C, "...The director may grant one 90 day
180 -day extension, provided...."
The motion was seconded.
The motion carried by the following vote:
Ayes: Brenner, Browne, Buchanan, Donovan, and Sidhu (5)
Nays: None (0)
Absent: Byrd (out of the room) and Ballew (2)
Councilmembers discussed reviewing the ordinance to make changes in the future, if
necessary; enforcement action on a valid permit; the minimum and maximum timelines
allowed in the ordinance; and noise controls.
Personius stated staff will make changes and submit for Introduction at the evening
Council meeting.
Special Committee of the Whole (AM), 7/10/2018, Page 4
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OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:16 a.m.
Th�,sOch�. M!`'approved these minutes on September 11,
ATTkSS 4, W HATCO C
®° TC ° ° ®�� �� WHATCO
® -°
Dan ,a.Browgi'D,ayMi�,\ �puncil clerk Rud Br wne,
Jill Nixon, Minutes Transcription
2018.
NTY COUNCIL
ly, ASHINGTON
Council Chair
Special Committee of the Whole (AM), 7/10/2018, Page 5