HomeMy WebLinkAboutPlanning May 9 2023Whatcom County
Council Planning and Development Committee
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, May 9, 2023
1:50 PM
Hybrid Meeting
HYBRID MEETING - ADJOURNS BY 2:30 P.M., MAY BEGIN EARLY
(PARTICIPATE IN -PERSON, SEE REMOTE JOIN INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)
COUNCILMEMBERS
Tyler Byrd
Ben Elenbaas
Kaylee Galloway
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Planning and Development Committee Minutes - Final May 9, 2023
Committee
Call To Order
Roll Call
Committee Chair Ben Elenbaas called the meeting to order at 1:56 p.m. in a
hybrid meeting.
Present: 2 - Ben Elenbaas, and Kaylee Galloway
Absent: 1 - Tyler Byrd
Also Present: Barry Buchanan, Todd Donovan, Carol Frazey, and Kathy Kershner
Announcements
Committee Discussion
1. A132023A10 Discussion of a proposed ordinance adopting amendments to Whatcom County Code
Title 20, Zoning, to regulate short-term vacation rentals
Cliff Strong, Planning and Development Services Department, briefed the
Councilmembers and stated this will come in two phases: this ordinance
with Exhibit A (the regulatory scheme for vacation rentals) and future code
amendments (annual registration requirement and the performance
standards all vacation rentals would need to meet in order to register). He
stated staff recommends that adoption of the latter be postponed to give the
Planning, Finance, and a selected vendor time to develop the registration
system, a registration fee, and a public outreach program.
He answered whether vacation rental regulations currently exist in our code,
why vacation rentals would be a conditional use in the Lake Whatcom
Watershed Overlay District but not in the Lummi Island zone or other
shoreline areas and whether that is what the Planning Commission
recommended, what the process and timeline will look like for the second
phase, and whether there is a way to pass that part but allow for time to
implement it.
Strong stated to set up a registration system, they need to find a vendor, give
the vendor time to get it set up, do a public outreach program, and set a fee
structure. He answered a question about the sequence for implementing
policy and setting up the infrastructure.
Councilmembers discussed the proposed amendments to Whatcom County
Code (WCC) 20.80.960. Kershner pointed out a scrivener's error in the
numbering of the subsections.
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Council Planning and Development Committee Minutes - Final May 9, 2023
Committee
She asked whether we have data on the types of vacation rental units we have
in Whatcom County and specifically any duplexes (or other rentals with
more than one unit) that are rented out. She asked about striking the
language in WCC 20.80.960 Subsection 4(a) which states:
(a) There shall be no more than one vacation rental unit per lot.
She moved to strike the language but is not on the committee.
Elenbaas moved to strike WCC 20.80.960 Subsection 4(a) but there was
not a main motion on this item and this was just a discussion, so no action
was taken (see withdrawal of the motion below).
Kershner asked what the basis was for the number of people that are
permitted to stay in a vacation rental as stated in WCC 20.80.960
Subsection 4(b) and what the thought was behind WCC 20.80.960
Subsection 4(f) which states:
Owners/operators shall abide by official emergency orders including
not renting during an emergency (e.g., flood, pandemic, etc.);
She asked Strong how often he thinks that would be implemented, who will
determine such an emergency order, and whether vacation rental
restrictions would have to be included in an emergency order. She would
like the statement fleshed out more so that it determines what is meant and
who is going to be issuing the order.
Donovan stated the duplex question was an interesting one but according to
Granicus (potential vendor) over 90 percent of rentals were single-family
houses. He does not know if they consider a duplex to be a single-family
house.
Galloway asked for clarification on defining what a rental unit is and Strong
read the definition that is in the Ordinance. She asked if they could strike
part of WCC 20.80.960 Subsection 4(f) so it would read:
Owners/operators shall abide by official emergency orders including
not fenting-during anremergen£y (efood rde etc �;
Councilmembers discussed the Ordinance (AB2023-309), whether the
Ordinance should be introduced tonight, and whether it would need to be
re -introduced if there were amendments.
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Council Planning and Development Committee Minutes - Final
Committee
May 9, 2023
Strong stated the Department of Ecology (DOE) is holding up the County's
Shoreline Management Program (SMP) periodic update because they had
earlier stated that their approval was based on the Council adopting some
regulations about vacation rentals. He answered whether there is a law that
says that the County has to do that or whether the DOE is just saying we
have to do it.
Galloway stated she will send her three suggested amendments to staff.
Elenbaas withdrew his motion to amend WCC 20.80.960 Subsection 4(a).
Councilmembers discussed whether the Ordinance (AB2023-309) should be
introduced tonight.
This agenda item was DISCUSSED.
Committee Discussion and Recommendation to Council
1. AB2023-312 Resolution relating to a schedule for joint County and City review of Urban Growth
Areas
Matt Aamot, Planning and Development Services Department, briefed the
Councilmembers.
Elenbaas moved that the Resolution be RECOMMENDED FOR
APPROVAL. The motion carried by the following vote:
Aye: 2 -
Nay: 0
Absent: 1 -
Items Added by Revision
Other Business
Adiournment
Elenbaas, and Galloway
Byrd
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 2:28 p.m.
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Council Planning and Development Committee Minutes - Final May 9, 2023
Committee
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Ben Elenbaas-via email 5/17/2023
Ben Elenbaas, Committee Chair
Whatcon: County Page 4