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Planning and Development Committee

WHA-PDV-2025-11-18 November 18, 2025 Planning Committee Whatcom County 55 min
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The Whatcom County Planning and Development Committee met for a packed 55-minute session to review two significant ordinances heading to full Council for introduction. The primary focus was on 11 proposed code amendments characterized as "code scrub" changes, though several committee members pushed back on that characterization, calling some amendments "pretty substantive." A spirited debate emerged over well placement in cluster subdivisions, with Committee Chair Ben Elenbaas proposing three alternative language options to better preserve agricultural land. The second major item addressed state-mandated changes to accessory dwelling unit (ADU) and co-living housing standards, with a December 31, 2025 deadline looming for compliance. The session revealed tensions between practical implementation and policy goals, particularly around agricultural preservation and housing flexibility. Council Member Elenbaas drew on personal experience with cluster subdivisions to challenge staff assumptions about well placement, while Council Member Donovan questioned whether the proposed changes truly qualified as routine "code scrub" items. Staff acknowledged needing additional consultation with Environmental Health on several amendments before final Council consideration. The meeting demonstrated the committee's growing assertiveness in scrutinizing staff recommendations, with multiple members requesting additional analysis and expressing willingness to propose alternative language. Both ordinances are scheduled for introduction at the evening Council meeting, though staff indicated they may need to prepare substitute versions to incorporate committee feedback.

Both agenda items were discussed only, with no formal votes taken. AB 2025-809 (code amendments) and AB 2025-811 (ADU/co-living standards) are scheduled for introduction at the evening Council meeting. **AB 2025-809 - Code Amendments Package:** - Staff recommendation: Approve all 11 amendments as proposed - Committee action: Extended discussion, potential substitute ordinance - Key concerns: Amendment #3 (well placement), Amendment #6 (resort commercial density) - Outc…

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**Agricultural Preservation vs. Development Flexibility** The most substantive policy debate centered on Amendment #3 regarding well placement in cluster subdivisions under the Agricultural Protection Overlay. Chair Elenbaas argued that current code language prevents optimal agricultural land preservation by forcing wells onto individual cluster lots rather than allowing shared placement on reserve tracts. Drawing from personal experience, he contended that allowing wells on reserve tracts could enable smaller cluster lots and larger, more functional agricultural areas. Staff initially maintained they were only clarifying existing implementation practices, but Elenbaas challenged this characterization, providing specific examples of past subdivisions where wells were placed on reserve tracts. The discussion revealed potential gaps between written code and actual practice, with implications for future agricultural land preservation strategies. **State Housing Mandate Implementation** The ADU and co-living housing discussion highlighted tensions between state mandates and local preferences. Staff recommended implementing only minimum state requirements, limiting changes to Urban Growth Areas and requiring sewer …
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**Planning and Development Services Staff:** - Lucas Clark advocated for the 11-amendment package as necessary technical corrections and state mandate compliance - Amy Keenan defended current well placement restrictions as protecting agricultural operations - Maddie Schacht emphasized urgency of ADU/co-living changes due to December 31 deadline - Mark Personius noted ADUs represent only 1-2% of housing stock, limiting capacity impact **Council Members:** - Ben Elenbaas (Chair) proposed three alternative approaches to well placement based on personal subdivision experience - Todd Donovan questioned whether several amendments qualify as routine "code scrub" …
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**Council Member Donovan, on code categorization:** "I think we're getting kind of liberal with what we're calling code scrub as time has gone. There's some pretty substantive changes in here." **Council Member Elenbaas, on agricultural preservation:** "It seems like you would preserve ag ground better by allowing the wells to be on the largest track possible. So, the setbacks on the septic systems don't interfere." **Council Member Stremler, on regulatory fairness:** "Well, I just think ju…
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**Immediate Actions:** - Both ordinances scheduled for introduction at November 18 evening Council meeting - Staff to prepare potential substitute versions incorporating committee feedback - Environmental Health consultation on resort commercial density requirements (Amendment #6) - Council Chair Elenbaas to finalize alternative language for well placement amendment **Compliance Deadline:** - December 31, 2025: Final deadline for ADU/co-living housing code compliance - State standards automatically take effect if county fails …

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After this meeting, the county moved closer to implementing state-mandated housing changes while opening new questions about agricultural land preservation strategies. The committee elevated what staff characterized as routine code maintenance into substantive policy discussions requiring additional analysis and consultation. Chair Elenbaas's challenge to well placement restrictions introduced a new approach to agricultural preservation that could influence future cluster subdivision approvals. His three proposed language alternatives represent a significant departure from current code l…
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# Planning and Development Committee Grapples with Code Changes — Full Meeting Narrative **November 18, 2025 | Whatcom County Planning and Development Committee** --- ## Meeting Overview The Whatcom County Planning and Development Committee convened at 11:06 a.m. on November 18, 2025, in a hybrid meeting that would stretch until noon with substantive debate over two major code amendment packages. Committee Chair Ben Elenbaas presided over the meeting with council members Todd Donovan and Jon Scanlon present in chambers, while Tyler Byrd, Kaylee Galloway, and Mark Stremler participated remotely. What began as routine discussion of code amendments evolved into pointed questions about the scope of "code scrub" changes, environmental health implications, and agricultural preservation. The session highlighted ongoing tensions between streamlining regulations and ensuring proper oversight, particularly around water wells, childcare facilities, and housing density requirements. Both agenda items were scheduled for introduction at the evening council meeting, creating urgency around resolving technical concerns and potential amendments before the formal legislative process began. ## The Annual Code Amendments Package Lucas Clark from Planning and Development Services (PDS) presented AB 2025-809, describing eleven amendments that staff characterized as routine code maintenance. However, Council Member Donovan immediately challenged this framing: "I think we're getting kind of liberal with what we're calling code scrub as time has gone. There's some pretty substantive changes in here." The amendments ranged from technical corrections to policy changes that would affect water resource protections, childcare facilities, and agricultural preservation. Clark acknowledged the mix, explaining that some items were staff-initiated corrections while others emerged from applicant requests or interdepartmental communications. ### The Wade King Elementary School Exception Amendment number one drew particular scrutiny for exempting public schools from impervious surface limits within the Water Resource Overlay District. Currently, only Wade King Elementary School sits within this district, but the amendment would apply to any public school in the future. "I want to help the school district out, but I was kind of like, would another property owner be able to come along and say, oh, the school district got this exemption. I…
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### Meeting Overview The Whatcom County Planning and Development Committee met on November 18, 2025 to discuss two major ordinances: a "code scrub" package with 11 amendments to zoning and development codes, and required updates to comply with new state laws on accessory dwelling units (ADUs) and co-living housing in urban growth areas. ### Key Terms and Concepts **Code Scrub:** Annual review and cleanup of county development codes to fix inconsistencies, update references, and align with state requirements. **Accessory Dwelling Unit (ADU):** A secondary housing unit on a residential property, like a mother-in-law apartment or converted garage. **Co-living Housing:** Residential facilities where people have private lockable rooms but share common areas like kitchens - similar to dormitories or single-room occupancies. **Urban Growth Area (UGA):** Areas designated for future urban development and eventual city incorporation, where urban-scale infrastructure and density are planned. **Agricultural Protection Overlay (APO):** Special zoning that allows cluster development while preserving large agricultural reserve tracts. **Resort Commercial (RC):** A zoning district that allows hotels and commercial uses both inside and outside urban growth areas. **Floor Area Ratio:** A measurement of building density comparing total floor area to lot size. **Cluster Subdivision:** A development pattern that groups houses on smaller lots while preserving a large undeveloped "reserve tract." ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Committee Chair, Council Member District 5 | | Todd Donovan | Committee Member | | Jon Scanlon | Committee Member | | Lucas Clark | Planning and Development Services (PDS) | | Amy Keenan | Planning and Development Services | | Maddie Shaw | Senior Planner, Long R…
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Land Use & Planning Housing Government Operations AB 2025 809 AB 2025 811 Commerce Department Environmental Health Health Department Opportunity Council Planning Commission Planning Development Services Wsac Aly Pennucci Amy Keenan Ben Elenbaas Jon Scanlon Kaylee Galloway Lucas Clark Maddie Schacht Mark Personius Mark Stremler Todd Donovan Accessory Dwelling Units Agricultural Protection Childcare Facilities Cluster Subdivisions Co Living Housing Code Amendments Environmental Health Land Use Policy Resort Commercial Septic Systems State Mandates Urban Growth Area Well Placement Zoning