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HomeMy WebLinkAboutPlanning Dec 9 2025Whatcom County Council Planning and Development Committee COUNTY COURTHOUSE 311 Grand Avenue, Ste 4105 Bellingham, WA 98225-4038 (360)778-5010 Committee Minutes - Final Tuesday, December 9, 2025 1:25 PM Hybrid Meeting - Council Chambers HYBRID MEETING - MAY BEGIN EARLY - ADJOURNS BY 2:25 P.M. (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 Cathy Halka, AICP, CMC Council Planning and Development Committee Minutes - Final December 9, 2025 Committee Call To Order Roll Call Committee Chair Ben Elenbaas called the meeting to order at 1:28 p.m. in a hybrid meeting. Present: 3 - Todd Donovan, Ben Elenbaas, and Jon Scanlon Also Present: Barry Buchanan, Tyler Byrd, Kaylee Galloway, and Mark Stremler Announcements Special Presentation AB2025-851 Presentation from the Washington Water Trust and the Water Resources Inventory Area 1 (WRIA 1) Planning Unit regarding the Land and Water Integration Study Gary Stoyka, Public Works Department, introduced the presentation. He stated the Planning Unit has consistently expressed an interest in better integrating land use and water planning, so the land and water study was initiated through the Planning Unit with the intent to inform the Comprehensive Plan. The study was informed by the 2025 Agricultural Lands Assessment (which is an update of the 2019 Rural Land Study) and conducted by the Washington Water Trust, working closely with a group that included members of the Planning Unit and the Planning and Public Works departments. The Washington Water Trust evaluated water availability, parcel development potential, water supply potential, and alternative agricultural practices in three rural study areas and they are here today to present the results of that study. The following people presented and answered questions: • Jason Hatch, Washington Water Trust • Kaia Hayes, Planning Unit, Environmental Caucus • Solvei Metcalf, Washington Water Trust • Henry Bierlink, Planning Unit, Agriculture Caucus Scanlon spoke about studying water system interties and looking at options, such as expanding the service area of Lake Whatcom, for drinking water supply to other areas. Elenbaas spoke about the purpose of the study to identify rural lands to contribute to the 1997 Comprehensive Plan farmland preservation goal of 100,000 acres, but stated he has been preaching for a long time, do not Whateant County Page I Council Planning and Development Committee Minutes - Final December 9, 2025 Committee preserve agricultural land for us farmers if we are not going to have the ability to put the waters of the state to beneficial use. It will not be viable and the purpose of the agricultural zone is a viable agricultural economy. He asked if the conclusion of the study was that there is not enough water to support the hypothesis that these would be viable agricultural lands that support a viable agricultural economy, and that the only way they would be is if you could secure that water. Stoyka stated the answer is essentially yes. Hatch stated they wanted to look at whether you need to secure water supply in advance of re -designating land as agricultural resource lands, and stated he is not sure that is a yes. They also determined that there may be a need to adapt some farming practices and to rely on less -water -demand crops that also provide high cash value. The alternatives named in the study aimed to identify options for achieving a viable commercial agriculture, and it might be a worthy exercise to see which are relative to the needs in Whatcom County. Bierlink stated the Planning Unit thinks this is a step in the right direction and they believe there is water here, it is just a matter of how to manage it, and developing those plans soon, because the future of agriculture is in jeopardy. Elenbaas stated all of this "screams" to him that they should support some manner of coming together for some form of mediated settlement (regarding adjudication) because that is the only way they are going to get to any of these things, and all of these efforts go out the window if they do not come up with some of these types of solutions. This agenda item was PRESENTED. Committee Discussion AB2025-810 Ordinance adopting amendments to Whatcom County Code Title 20, Zoning and Title 22, Land Use and Development The following people discussed the item with councilmembers: • Lucas Clark, Planning and Development Services Department • Andy Wiser, Planning and Development Services Department • Amy Keenan, Planning and Development Services Department • Aly Pennucci, Executive's Office • Mark Personius, Planning and Development Services Department W iatcom County Page 2 Council Planning and Development Committee Minutes - Final December 9, 2025 Committee Director Clark read from the staff memos (on file) and provided comments from the Planning and Development Services Department (PDS) on proposed amendments by Colincilmembers Stremler (regarding vertical expansion of surface mines - Amendment 11) and Elenbaas (regarding allowing a well serving clustered lots to be on the reserve tract - Amendment 3). He stated if Council would like to explore either of these beyond Planning's original recommendation, they would request that Council remove one or both from the code scrub and allow PDS additional time for review. The speakers and councilmembers discussed both amendments and whether those should amend the code in front of them or go on the docket. Donovan moved to approve the proposed amendments then withdrew his motion. Personius stated this agenda item is Lip for introduction tonight and there are other items on this agenda bill that are really needed to move some permits forward. He would recommended that they introduce the ordinance tonight but remove code amendment 3 and code amendment 11. Cathy Halka, Clerk of the Council, stated that would be an acceptable approach. Elenbaas moved that they introduce the ordinance (amendments to Whatcom Code Title 20, zoning and title 22 land Use and developments), excluding amendment three and amendment 11. The motion carried by the following vote: Aye: 2 - Elenbaas and Scanlon Nay: 1 - Donovan Galloway suggested that they strike the committee discussion from Committee of the Whole to give more time for this meeting. This agenda item was FORWARDED TO COUNCIL WITH RECOMMENDED MOTION(S). Motion approved that they introduce the ordinance (amendments to Whatcom Code Title 20, zoning and title 22 land Use and developments), excluding amendment three and amendment 11 (substitute to be introduced). 2. AB2025-812 Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to comply with preemptive state regulations for accessory dwelling units and co -living whatcom County Page 3 Council Planning and Development Committee Minutes - Final December 9, 2025 Committee standards Clerk's note: the next agenda item (AB2025-838) was discussed together with this item. Maddie Schacht, Planning and Development Services Department, updated the councilmembers on both versions of the ordinance and spoke about the differences between them. She stated Planning is proposing that in order to have a second accessory dwelling unit (ADU) on a lot, it would need to be hooked up to a public sewer system, and that they are trying to prevent lower density from occurring prior to incorporation and the addition of public services. She spoke about the second revision which would expand the type of structures that can be converted into an ADU (specifically barns), and stated they do not want to set people up for disappointment since it is very hard to meet energy and building requirements for something like that. Regarding the amendment to expand co -living housing beyond urban growth areas (UGAs), the intent of the preemptive code was just for urban spaces. The following people discussed the proposed amendments with councilmembers: • Hayli Hruza, Health and Community Services • Aly Pennucci, Executive's Office • Kimberly Thulin, Prosecuting Attorney's Office • Mark Personius, Planning and Development Services Department Director They discussed why three units could not be on a parcel if its septic system has capacity for it, that a private well only allows a two-party well agreement for water, that allowing a little bit more density in an area that is longer -termed envisioned for higher density may make it less likely that it will ever get annexed or fully developed, that if you want to functionally disallow ADUs in a UGA, the first thing you would do is require city services like water and sewer because they do not extend the services out to the UGA, that they could put a caveat regarding septic systems that someone would need to comply with all the rules because those are things that are already regulated, that it is not difficult to comply with requirements for converting a barn, a concern about delaying development to make room for future development, the intention of the amendment for co -living to bring consistency to uses that are kind of forms of co -living (like boarding homes and treatment and recovery homes), that Galloway's version (AB2025-838) is trying to facilitate housing opportunities, that the Whatcom County Page 4 Council Planning and Development Committee Minutes - Final December 9, 2025 Committee provision allowing co -living (urban uses) outside of the UGA puts the County at risk for litigation in terms of a challenge under the Growth Management Act (GMA), that Planning recommends striking the co -living amendments from Galloway's version and sticking with the State guidance on that (which is to limit it in UGAs), and that both of the ordinances are scheduled for a public hearing tonight. This agenda item was DISCUSSED. 3. AB2025-838 Ordinance adopting amendments to Whatcom County Code Title 20 (Zoning) to comply with preemptive state regulations for accessory dwelling units and co -living standards This agenda item was DISCUSSED. THIS ITEM WAS DISCUSSED UNDER AB2025-812. Items Added by Revision Other Business Adjournment There were no agenda items added by revision. There was no other business. The meeting adjourned at 3:05 p.m. ATTE$�:� o° t,OUN ty Cathy H4ll a Council,01& t N WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA Ben Elenbaas-via email 12/17/2025 Ben Elenbaas, Committee Chair Meeting Minutes prepared by Kristi Felbinger Whatcom CouwlY Page 5