1 0 1 0 1 0 1 0 1 WHATCOM COUNTY COUNCIL Planning and Development Committee February, 0 CALL TO ORDER Committee Chair Ken Mann called the meeting to order at :00 p.m. in the Council Chambers, Grand Avenue, Bellingham, Washington. ROLL CALL (:0: PM) Present: Ken Mann and Rud Browne. Absent: Barbara Brenner. COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL 1. DISCUSSION AND RECOMMENDATION TO COUNCIL ON THE MULTI- JURISDICTIONAL RESOLUTION RELATING TO POPULATION AND EMPLOYMENT GROWTH ALLOCATIONS (AB0-0B) Gary Davis, Planning and Development Services Department, submitted and read from a presentation (on file). Mann asked and there was discussion of the Office of Financial Management (OFM) small area estimates proposal (SAEP) population growth share table. Mark Personius, Planning and Development Services Department, stated this is scheduled for public hearing on March, 0. It gives all the planners, jurisdictions, and facilities with a solid number to start their planning efforts. It s nonbinding. Consider the range in the environmental impact statement (EIS). Jack Louws, County Executive, stated the Council and community must realize that if the cities don t take their share of the growth, it artificially raises the County s percentage as a whole. In the future, unincorporated Whatcom county must plan on growing,000 people over a 0-year growth period. If none of the cities grow, it affects the county. The County must monitor and be aware of what s going on. Cities must put together rules and regulations for infill. If they continue to discuss percentages and any city doesn t accept their portion, it will artificially inflate the percentages for others. Mann stated setting a number artificially high doesn t make sense either. He s glad Bellingham is being ambitious. The nonbinding resolution won t determine where people go. He s interested in being accurate, too. Browne asked how city annexation of urban growth areas (UGAs) skew the numbers. Davis stated it won t affect the numbers. The geography includes both the city and the unincorporated portion of the urban growth area. The overall geography remains the same. Personius stated they re talking about urban growth area populations versus the non-urban growth area populations. Planning and Development Committee, //0, Page 1
1 0 1 0 1 0 1 0 1 Browne asked what happens with the resolution if it s nonbinding. Matt Aamot, Planning and Development Services Department, stated the City/County planner group came up with the idea of a nonbinding resolution among all parties to develop capital facility plans, an EIS alternative, a transportation model for the Council of Governments (COG), and the land capacity analysis. The planning process requires some agreement to do other components of the planning process. Mann stated the cities and the Planning Commission did a great job. He would like to take seriously the notion of putting a transfer of development rights (TDR) program in place. This may be an opportunity to do that. Only two jurisdictions are proposing expanded UGA boundaries. Include language in the resolution that ties TDRs into the expansion of UGA boundaries. Greg Aucott, City of Bellingham, stated they are not suggesting a change to the city of Bellingham UGA at this time. They haven t made that determination yet. At a staff level, they would support such TDR language. The city has TDR receiving areas now. Browne asked how much the process can tolerate, in terms of making TDRs economically viable. Aucott stated the in-lieu fee program set the value at $,000 for an additional development right. That was the market value at the time. No one has used the program. Marian Beddill stated she isn t clear about how a transfer in development value would work. She asked if receiving areas have to be predefined with a standard development level, and then there would be a second level of density restriction with a maximum number transferred development rights. Not having any upper restriction on density is troubling. Mann stated that s a reasonable concern that they will address when they define and write the TDR code. Aamot asked and there was discussion of who would purchase the development rights in the case when a city proposes expanding an urban growth area. Mann stated they would figure that out when developing a TDR program. Rollin Harper, Sehome Planning, stated small cities would not have available capital to buy TDRs in exchange for an expanded URG. An alternative is that the County allow the UGA to expand with a condition that the developer would purchase or transfer those development rights at the point of annexation and development. Mann asked what incentive a builder would have if they allow UGAs to develop at urban densities without annexation. Harper stated that would be an issue for the small cities, which are holding the line at annexation before urban services are provided. Mann suggested and there was discussion of adding language to the nonbinding resolution, Whereas the County Council has directed staff to work with the cities to develop an effective and robust TDR program as part of the 0 Comprehensive Plan update, and Whereas any request by a City to expand its UGA boundary shall be contingent upon a proposal to purchase or otherwise retire TDRs in unincorporated Whatcom County. Make the jurisdictions aware there is a mutually beneficial trade-off and that the County will ask the cities to purchase TDRs when they want to expand their UGAs. Planning and Development Committee, //0, Page
1 0 1 0 1 0 1 0 1 Browne asked and there was discussion of the effect of the proposed language being a requirement instead of a request. He can support it now as a request. He ll have to consider it as a requirement. Personius stated staff would help develop language. The trigger for a TDR on a UGA expansion would not be the expansion, but on the rezone to an urban zone. Mann stated and there was discussion of the right time to require a TDR purchase and making sure a TDR program doesn t keep getting overlooked. Personius described the staff s current work on a TDR program. Mann moved to forward this resolution and the exhibits to the County Council for introduction, with amendments, Whereas the County Council has directed staff to work with the cities to develop an effective robust TDR program as part of the 0 Comprehensive Plan update, and Whereas any request by a City to expand its UGA boundary should include a proposal to purchase or otherwise retire TDRs in unincorporated Whatcom County. Aamot suggested language, Whereas, it s the County s intention that any request to expand an urban growth area will include a proposed interlocal agreement to transfer or retire development rights when annexation occurs. It would trigger an interlocal agreement that development rights would be transferred at a later date when annexation occurs. Linda Twitchell, Building Industry Association of Whatcom County, stated that if developers have to pay these things, they won t. Home buyers pay them. Consider affordable housing. The City of Bellingham lacks affordable housing. Some city assumptions are based on affordable housing. Mann accepted the suggestion and amended and restated the motion to amend the draft joint resolution, Whereas, the County Council has directed staff to work with the cities to develop an effective, robust TDR program as part of the 0 Comprehensive Plan update; and Whereas it s the County s intention that any request to expand an urban growth area will include a proposed interlocal agreement to transfer or retire development rights in rural or resource lands when annexation occurs. The motion to amend the resolution carried by the following vote: Ayes: Mann and Browne () Nays: None (0) Absent: Brenner (1) Mann moved to recommend introducing the resolution as amended. Browne asked and there was discussion of whether this amendment would cause problems for approval by the other jurisdictions. The motion to recommend introduction as amended carried by the following vote: Ayes: Mann and Browne () Nays: None (0) Absent: Brenner (1) Planning and Development Committee, //0, Page
1 0 1 0 1 0 1 0 1 Browne stated TDRs and PDRs are similar, particularly the mechanism for valuations. Explore the idea of reverse auctions for establishing a fair and free market in a prompt and efficient manner.. RESOLUTION INITIATING WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING AMENDMENTS (AB0-0) (::00 PM) Mark Personius, Planning and Development Services Department, submitted and read from a presentation (on file). Mann asked and there was discussion of whether there will be any updates to best practices for the critical areas ordinance and how much of the critical areas ordinance is founded on science versus on political decisions. Browne asked for a description of the public participation plan for the work program. Personius concluded his portion of the presentation regarding the 0 work plan. Browne asked and there was discussion of whether there is any geographic information system (GIS) data that isn t on the website. Matt Aamot, Planning and Development Services Department, continued the presentation on the proposed docket. Mann asked and there was discussion of the whether it matters if the lot is buildable, frequency of updating the capital improvement program, and a park and recreation plan. (::1 PM) Gary Davis, Planning and Development Services Department, continued the presentation on the proposed docket items beginning with the Slater/Elder Road request. Browne asked and there was discussion of the process for conducting a code scrub. Mann asked and there was discussion about the request to relocate the Birch Bay Drive relocation. (::0 PM) Personius concluded the presentation on the proposed docket. Mann asked and there was discussion of whether the Council may remove any of the nine items previously docketed, whether they can classify land as agricultural lands of longterm commercial significance without changing the zoning, clarifying rules about who can host weddings and other events at a residence, and whether there is benefit to not docketing the older docket items. Wendy Harris asked if staff have done an environmental review on how the Birch Bay promenade docket item would affect habitat. Mann asked and there was discussion of the reason for the applicant to request a docket for the Slater Road/Elder Road rezone, PLN0-0000. Planning and Development Committee, //0, Page
1 0 1 0 1 0 1 0 1 Larry Stoner, applicant representative, answered questions and described item eight regarding the Slater/Elder Road rezone. Davis answered questions from Ms. Harris regarding the review for the Birch Bay promenade proposed docket item. Browne referenced item and stated defer until after the Comprehensive Plan is done. Unless there is a demonstrated public benefit, don t approve a fee waiver. Mann moved to recommend Exhibit A as the 0 docket. Browne suggested a friendly amendment to remove item regarding the Birch Bay Drive relocation until after the 0 Comprehensive Plan review. Mann accepted the friendly amendment. Browne suggested a friendly amendment to remove docket items,, and because a lot of people have worked on projections and they must resolve the current GMA issues. Mann accepted the friendly amendment. Browne asked and there was discussion of whether staff has had any response from proponents Lummi Rock and North Star. He defers to legal counsel about the status of those items. Mann stated the Code should allow criteria for removing items that continue to roll over on the docket, have had no action, and staff can t get in touch with the applicants. He restated the motion to recommend approval of the resolution as amended by removing items through. The motion carried by the following vote: Ayes: Mann and Browne () Nays: None (0) Absent: Brenner (1) (Clerk s Note: The Committee took a two-minute break at : p.m.) COMMITTEE DISCUSSION 1. DISCUSSION OF THE JANUARY 1, 0, NON-URBAN POPULATION MONITORING REPORT (AB0-0) (:0: PM) Gary Davis, Planning and Development Services Department, referenced the staff report beginning on Council packet page and gave a staff report. This item is for information only. He also made this presentation to the Planning Commission. OTHER BUSINESS There was no other business. Planning and Development Committee, //0, Page
ADJOURN The meeting adjourned : at p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON, Council Clerk Ken Mann, Committee Chair, Minutes Transcription Planning and Development Committee, //0, Page