HomeMy WebLinkAboutSpecial Council August 26 2003WHATCOM COUNTY COUNCIL
Special County Council Meeting
August 26, 2003
The meeting was called to order at 1:30 p.m. by Council Chair Dan McShane
in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner L. Ward Nelson
Laurie Caskey-Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS OF LAND
INTO PARCELS SMALLER THAN FIVE ACRES WITHIN THE LAKE
SAMISH WATERSHED (AB2003-277)
Fleetwood moved to adopt the ordinance.
Brenner referenced page one, item three. This statement implies that they
have exceeded ten percent. She asked they have reached ten percent in the Lake
Samish watershed.
McShane stated the ten percent references a given stream, not the entire
watershed.
She asked if that has happened in the Samish watershed.
McShane stated the language is a citation of what happens if ten percent is
exceeded. There is evidence of impacts with less than ten percent.
Brenner stated she doesn't see a connection between this statement and the
Lake Samish watershed.
Roy stated she's comfortable with Lake Samish not being referenced. The
statement is a measurement for a goal. It's one of the many things they know.
Brenner stated they could put all kinds of things that may or may not be
related. She is more comfortable if there is a specific relationship to the watershed.
McShane stated it has become a standard rule. It's become common
knowledge. He doesn't see a need to make a change.
Special Whatcom County Council, 8/26/2003, Page 1
1 Brenner stated she would like to see how that fact is connected to the Lake
2 Samish watershed.
3
4 McShane stated the change from a suburban enclave zone to a rural zone
5 happens in areas that have streams. Those streams could be impacted by
6 impervious surfaces.
7
8 Caskey-Schreiber stated there is a scrivener's error in item three on the first
9 page, ,,...a€feet effect...."
10
11 Brenner referenced number nine. She asked how the 1991 photo could show
12 that most development occurred prior 1990.
13
14 McShane stated the statement references that the 1991 photo was used to
15 delineate the area. The comment simply states why the 1991 photo was used.
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17 Brenner asked if there is a 1990 photo.
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19 McShane stated there is apparently not, according to this statement.
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21 Brenner stated they can't use a 1991 photo to prove something that
22 supposedly happened in 1990.
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24 McShane stated the July 1, 1990 date is to be used to define whether or not
25 an area is rural. The Growth Management Act (GMA) amendment is to use the
26 closest map date available. It would be preferable to use a photo that was taken
27 after that date, so they err on the side of allowing a more expansive development.
28 Review that law and why the decision was made.
29
30 Brenner stated they can't say "as exemplified by the 1991 photo that most
31 development occurred prior to July 1, 1990." The 1991 photo cannot exemplify
32 that. She asked if legal counsel understood her concern.
33
34 Randy Watts, Chief Civil Deputy Prosecutor, stated he understands the
35 concern. He doesn't know if that's the only evidence they are relying on.
36
37 Brenner stated she doesn't know that either.
38
39 McShane stated the 1990 date references the Growth Management Act, so
40 they don't want to change the dates.
41
42 Brenner stated this is not an accurate statement, and it should be accurate.
43
44 Caskey-Schreiber stated that development photographed in 1991 probably
45 existed in 1990. That much development could not happen in one year.
46
47 McShane stated the July 1, 1990 date is critical. It's critical to have that date
48 in the statement.
Special Whatcom County Council, 8/26/2003, Page 2
Brenner stated they can't prove that statement with the photo.
Sylvia Goodwin, Planning Division Manager, stated that if they are
concerned, add, "...and building permit records." She can pull those records if they
need to.
McShane moved to amend item nine on page two, "...by the 1991 aerial
photographs ancl'bluilding pe�riri t�records, most of the development..."
Motion carried unanimously.
Brenner asked if the County has been told that it is having problems other
than procedural problems.
Fleetwood stated he believed that the petition makes both procedural and
substantive arguments.
Brenner stated that on page three, the fourth "Whereas" statement should
reference Lake Samish, not Lake Whatcom. It is a scrivener's error.
McShane stated the reference to Lake Whatcom is correct. Some information
for these decisions were based on information from impacts to Lake Whatcom.
Brenner stated Ordinances 2002-004 and 2002-011 reference Lake Samish,
not Lake Whatcom.
McShane stated that statement references the ordinance and also planning
issues for Lake Whatcom. The information on Lake Whatcom was received and put
into the record in addition to those ordinances regarding Lake Samish. The overlay
ordinances include Lake Whatcom and Lake Samish.
Brenner stated Lake Whatcom and Lake Samish are really not alike. The
ordinances and planning issues deal with Lake Samish.
Fleetwood stated there are many physical and environmental similarities
between Lake Samish and Lake Whatcom. That's all that language alludes to.
Caskey-Schreiber stated Lake Samish is more vulnerable than Lake
Whatcom. They should apply anything they learn from Lake Whatcom ten times to
Lake Samish. Lake Samish doesn't have as much fresh water input as Lake
Whatcom.
Brenner stated she would support the moratorium. Some downzoning is
important in Lake Samish. She doesn't want to see a run on building permits
before they have time to consider some of the boundaries that they talked about.
Motion to adopt carried 5-1 with Crawford opposed.
Special Whatcom County Council, 8/26/2003, Page 3
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OTHER BUSINESS.
Caskey-Schreiber stated the Washington Environmental Council is trying to
get people to commit to asking the State Department of Natural Resources to
protect old growth State forests, certify sustainable State forests, log at sustainable
levels, and develop additional funding for school construction. If councilmembers
support the petition, councilmembers can see her later.
McShane stated he received a State Department of Natural Resources letter
showing different alternatives to the sustained yield model, which are revenue
producing for the County, State, and school.
REPORTS
There were no reports.
ADJOURN
The meeting adjourned at 1:50 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on September 23 , 2003.
ATTEST:
-a�
Dane n-Davis, Co i Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Special Whatcom County Council, 8/26/2003, Page 4