The debate highlighted tensions between accommodating private development requests and following the county's systematic comprehensive planning process. County staff indicated that preliminary analysis suggests existing urban growth areas can accommodate projected population growth, making additional UGA expansions potentially unnecessary.
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Executive Summary
Study Guide
### Meeting Overview
Whatcom County Council's Planning and Development Committee met on March 11, 2025, to consider five proposed amendments to the county's comprehensive plan and development regulations. The committee ultimately recommended approval of all five proposals after significant debate about private development applications in the Birch Bay area.
### Key Terms and Concepts
**Docket:** A list of proposed comprehensive plan and development regulation amendments that the county maintains throughout the year. The council approves the docket annually, but can add items at any time.
**Urban Growth Area (UGA):** Designated areas where urban development and services are planned and encouraged, as required by the Growth Management Act.
**Urban Growth Reserve:** Areas identified for potential future inclusion in the urban growth area, but not currently designated for urban development.
**Comprehensive Plan Amendment:** Changes to the county's long-range planning document that guides land use decisions and development regulations.
**Land Capacity Analysis:** A study that determines whether existing urban growth areas can accommodate projected population growth.
**Impervious Surface:** Hard surfaces like pavement, rooftops, and sidewalks that prevent water from soaking into the ground, affecting stormwater management.
**Capital Facilities Element:** The portion of the comprehensive plan that identifies public facilities and services needed to support development.
**Code Scrub:** Annual review and revision of county codes to ensure consistency with comprehensive plan policies and state requirements.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Ben Elenbaas | Committee Chair, Council Member District 5 |
| Todd Donovan | Council Member District 3 |
| Jon Scanlon | Council Member District 2 |
| Lucas Clark | Planning and Development Services Department |
| Matt Aamot | Planning and Development Services Department |
| Michael Kershner | Planning and Development Services Department |
| Kaylee Galloway | Council Member District 2 (observing) |
### Background Context
This meeting occurred during Whatcom County's comprehensive plan update process, required every eight years under state law. The docket process allows the county to consider amendments to its comprehensive plan and development regulations throughout the year. Three private property owners submitted applications seeking to expand the Birch Bay Urban Growth Area and modify impervious surface requirements for schools in the Lake Padden watershed.
The debate highlighted tensions between accommodating private development requests and following the county's systematic comprehensive planning process. County staff indicated that preliminary analysis suggests existing urban growth areas can accommodate projected population growth, making additional UGA expansions potentially unnecessary.
### What Happened — The Short Version
Planning staff presented five proposed docket items: two routine county-initiated amendments (capital facilities updates and code revisions), two private applications to expand the Birch Bay UGA, and one application from Bellingham School District to modify impervious surface requirements for Wade King Elementary. After procedural confusion about motions, the committee voted 2-1 to recommend approval of all five items. Council Member Donovan opposed the private applications, arguing they conflict with the ongoing comprehensive plan process. The committee also discussed long-delayed vacation rental regulations.
### What to Watch Next
• Full County Council consideration of AB2025-194 in evening session
• Public hearings and Planning Commission review if docket items are approved
• Mid-biennium budget review discussion of vacation rental registration fees
• Continued comprehensive plan update process and land capacity analysis
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**Q:** What are the three types of entities that can place items on the comprehensive plan amendment docket?
**A:** The county executive, Planning and Development Services, or county council by majority vote can dock items. The public can also submit proposals before year-end.
**Q:** How much do private applicants pay to have items docketed?
**A:** Approximately $9,600 for each individual application.
**Q:** What authority allows the county council to waive docket application fees?
**A:** Whatcom County Code 2210.3.B allows fee waivers if the proposed amendment would clearly benefit the community as a whole.
**Q:** How did the committee vote on the final resolution?
**A:** 2-1 to recommend approval, with Elenbaas and Scanlon voting yes, Donovan voting no.
**Q:** What are the two Birch Bay UGA expansion applications seeking?
**A:** One seeks to add 4.77 acres at 7850 Blaine Road; the other seeks to add 37.66 acres near Cullen Road.
**Q:** What is Wade King Elementary School requesting?
**A:** To remove impervious surface limits for public schools in the Lake Padden watershed protection overlay district.
**Q:** What did preliminary land capacity analysis indicate about Birch Bay?
**A:** That the existing Birch Bay UGA can accommodate the proposed population growth.
**Q:** Who serves water and sewer to the Wade King Elementary parcel?
**A:** The City of Bellingham provides water and sewer service.
**Q:** What are the two routine county-initiated docket items?
**A:** Annual amendments to the capital facilities element and annual code amendments (code scrub).
**Q:** Why does Wade King Elementary currently need variances for expansion?
**A:** They are already exceeding their impervious surface allowance, so any expansion would require a variance.
**Q:** Which council member made the motion to approve all five docket items?
**A:** Jon Scanlon made the final motion to recommend the resolution to council.
**Q:** What elevation characteristic does the larger Birch Bay expansion site have?
**A:** It's at one of the highest elevations in the Birch Bay area with potential spectacular views.
**Q:** What major thoroughfare provides access to the larger Birch Bay site?
**A:** Grandview Road runs right to the 37.66-acre site.
**Q:** What ongoing county issue was discussed but not resolved?
**A:** Vacation rental regulations that were approved years ago but haven't been implemented.
**Q:** When do docket applications typically come to the committee?
**A:** Usually in April, making this March presentation a month early.
**Q:** What water district boundaries affect the Birch Bay applications?
**A:** The smaller site is within Birch Bay Water and Sewer District boundaries; the larger site is in their service area but not current boundaries.
**Q:** What planning body will review docketed items before final council decision?
**A:** The Planning Commission will hold public hearings and make recommendations.
**Q:** What budget process will address vacation rental implementation costs?
**A:** The mid-biennium budget review will include fee proposals for cost recovery.
**Q:** What natural hazards affect the Birch Bay expansion sites?
**A:** FEMA 100-year floodplains, sea level rise projections, and mapped wetlands in various locations.
**Q:** What makes schools different regarding impervious surface requirements?
**A:** Schools are considered essential public facilities that may need more flexibility than residential properties.
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