Loading...
HomeMy WebLinkAboutPlanning Apr 23 2024Whatcom County Council Planning and Development Committee COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Committee Minutes - Final Tuesday, April 23, 2024 3:05 PM Hybrid Meeting HYBRID MEETING - ADJOURNS BY 4:30 P.M., MAY BEGIN EARLY (PARTICIPATE IN -PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010) COUNCILMEMBERS Todd Donovan. Ben Elenbaas Jon Scanlon CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Planning and Development Committee Minutes - Final April 23, 2024 Committee Call To Order Roll Call Committee member Todd Donovan called the meeting to order at 3:07 p.m. in a hybrid meeting. Present: 3 - Todd Donovan, Ben Elenbaas, and Jon Scanlon Also Present: Tyler Byrd, Kaylee Galloway, and Mark Stremler Announcements Committee Discussion and Recommendation to Council 1. AB2024-233 Resolution approving revised Business Rules of the Whatcom County Hearing Examiner Rajeev Majumdar, Hearing Examiner, briefed the Councilmembers and spoke about why they are revising the business rules. He answered what amendments are being put forward and spoke about the nature of the changes. He stated there will be some follow up work to it as well. He answered where the Hearing Examiner position derives its subpoena powers and stated he would have to defer them to the Prosecutor's Office to answer that. He answered whether this is going to change the experience of the average person going through the process and stated it is actually going to conform the rules to the current experience. He answered when the last time was that this was done and how often they should reassess it going forward, and stated it was last done in 1986. He answered how he feels auout saicLy uuiuir, 111b.iiecuiigb aiiu Suucu uV, uvv� IIUL uavo a►►y more concern than anv other judicial nr piihlir offrinl. He answered why this is n resolution as opposed to an ordinance and stated the ordinance (Ord 2018-032 Exhibit B) says the Hearing Examiner can promulgate the rules subject to the approval of the Whatcom County Council. Scanlon moved that the Resolution be RECOMMENDED FOR APPROVAL. The motion carried by the following vote: Aye: 3 - Donovan, Elenbaas, and Scanlon Nay: 0 2. AB2024-262 Discussion of and request for motion on recommendation for 2023 Open Space Current Use Assessment applications under Whatcom County's property tax exemption program Priscilla Drewry, Public Works Department, read from a presentation (on file) about the 2023 application to reclassify as Open Space Farm and "atcom County Page I Council Planning and Development Committee Minutes - Final April 23, 2024 Committee Agricultural Conservation Land (OSFCL) from Open Space Farm and Agricultural Land. She stated that Planning and Development Services Department and the Planning Commission did not recommend approval of this application based on the assigned Public Benefit Rating (PBR) System score of less than 45. She answered why there was just one application this year and what it was about this one that knocked it down below the required 45 points. She stated four applications were submitted but three were withdrawn because of the requirement for public access. Part of the reason the Planning Commission did not recommend approval was because it is located on a private road shared by three other properties and would be accessed by the public if approved. The geology of the area was also a factor. She answered why the property did not receive extra points for being in the Drayton Harbor watershed, and stated it scored really well overall in the area of natural resources preservation and conservation, but did not score as well in the geology of the area. She answered why there is a public access component in an OSFCL classification. Elenbaas stated he recommends they revisit the income requirements for Open Space Farm and Agricultural Land which is administered by the Assessor's Office and he gave examples why. Drewry answered whether these applications just come to Council once a year and stated that is correct. She clarified, that this reclassification would result in an increase in property taxes for the property owner as opposed to a decrease and that the land has not been actively farmed. She answered whether there is trail access by the power lines from Birch Bay Lynden Road and stated she did not see any known trails. She answered a question about a concern from a member of the Planning Commission that the land could be developed for housing and stated it is a very wetland-ed area so it would be challenging. Elenbaas moved to recommend approval of this application into the classification the applicant is requesting. Councilmembers and Drewry discussed whether there is anything the Council is missing or should be sensitive about, whether they really want public access there if it is a sensitive area, the fact that the Council can waive the public access requirement if they wish, what areas would be affected by public access and whether the other properties on the private road were contacted about it, whether the applicant is still interested in the reclassification after it was not recommended by staff and the Planning Commission, and who would maintain infrastructure from the road if trails Whatcon: county Page 2 Council Planning and Development Committee Minutes - Final April 23, 2024 Committee were to be put in place. Donovan stated it would be nice if there was a list of properties under these classifications that are required to have public access so people could actually find them. Steve Roberge, Planning and Development Services Department, answered whether staff could reach out to the applicant to recommend they address the Council at Open Session and stated they are happy to attempt to reach out to them. They could also bring this back if Council wants to push it to their next meeting. The motion carried by the following vote: Aye: 3 - Donovan, Elenbaas, and Scanlon Nay: 0 Drewry answered whether they have new resolution ready and stated she wrote one up just in case. Clerk's note: This will go to Council as a whole new resolution tonight (see AB2024-286 under items added by revision). Roberge stated they are working on a list of public access properties and hope to have it on their website soon. This agenda item was FORWARDED TO COUNCIL WITH RECOMMENDED MOTION(S). Motion approved to recommend approval of this application into, the classification the applicant is requesting. Items Added by Revision Other Business Adiournment There were no agenda items added by revision. There was no other business. The meeting adjourned at 4:01 p.m. Whatcom County Page 3 Council Planning and Development Committee Minutes - Final April 23, 2024 Committee ATTESWed ..F�-j / WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA Ben Elenbaas-via email 5/3/2024 per. Dana Browx�vj;�aui�eil Clerk Ben Elenbaas, Committee Chair O is b 4 16 Kristi Felbinger, Minutes Transcription W/tatcom Couruy Page 4