HomeMy WebLinkAboutord2013-051 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2012-300C
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator:Josh
Fleischmann 07/25/13 8/06/2013 Introduction
Division Head:Mark J/� E C E M D 9/10/2013 Hearing
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Personius G
Dept.Head:JE. JUL 2 5 2013
"Sam"Ryan
7' WHATCOM COUNTY
Prosecu r: - /f
Frakes COUNCIL
Purchasing/Budget:
Executive:Jack
Louws
TITLE OF DOCUMENT: Zoning amendment to allow Packinghouses in the Agriculture Zoning District
ATTACHMENTS:
1) Proposed Ordinance
2) Exhibit A —Proposed Code Amendments
SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO
SEPA review completed? ( X) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
To allow packinghouses of up to 7,000 square feet as an accessory use, or greater than 7,000 but less than 20,000
square feet as a conditional use. Review criteria include limits on livestock source, limitations on holding pens,
adequate services by necessary facilities, waste management requirements, appropriate vehicular approaches,
limits on, noxious emissions, and requires avoidance of prime soils to the extent feasible.
COMMITTEE ACTION: COUNCIL ACTION:
8/06/2013: Introduced
9/10/2013: Council Amended & Adopted 4-3,
Brenner, Mann and Weimer opposed
Ord. 2013-051
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
AB2012-300 AB2012-3003 Ord. 2013-051
AB2012-300A
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council
1 PROPOSED BY: PDS
2 SPONSORED BY: BY: Consent
3 INTRODUCTION DATE: 8/6/2013
4
5 ORDINANCE NO. 2013-051
6
7 ZONING AMENDMENT TO ALLOW AGRICULTURAL PACKINGHOUSES IN THE
8 AGRICULTURE ZONING DISTRICT
9
10 WHEREAS, an application has been submitted to amend the Agriculture (AG)
11 zoning district to allow the small scale slaughter of local livestock; and
12 WHEREAS, the proposed amendment has been reviewed under the State
13 Environmental Policy Act (SEPA); and
14 WHEREAS, In accordance with RCW 36.70A.106 Whatcom County Planning
15 and Development Services notified the Department of Commerce of the proposed
16 zoning text amendment; and
17 WHEREAS, notice of the Whatcom County Planning Commission hearing on
18 the proposed amendment was published in the Bellingham Herald; and
19 WHEREAS, the Whatcom County Planning Commission held a public hearing
20 on the proposed amendment and considered all testimony; and
21 WHEREAS, the Whatcom County Planning Commission held 3 work sessions
22 on the proposed amendment; and
23 WHEREAS, the Whatcom County Planning Commission forwarded its findings
24 and reasons for action to the County Council; and
25 WHEREAS, the Whatcom County Council has reviewed the Planning
26 Commission recommendation; and
27 WHEREAS, the Whatcom County Council held 4 public hearing on the
28 proposed amendment and considered all testimony; and
29 WHEREAS, the Whatcom County Council held 7 work sessions in the
30 Planning and Development Committee; and
31 WHEREAS, The Whatcom County Council held 2 work session in the Special
32 Committee of the Whole; and
33 WHEREAS, the Whatcom County Council hereby adopts the following
34 findings of fact and conclusions:
35
36 FINDINGS
37 1. The proposal is to amend the Agriculture (AG) District portion of the Zoning
38 Code (WCC 20.40), to allow for packinghouses.
39 2. The proposal has been posted to the County website.
40 3. Notice of the subject amendment was submitted to the Washington State
Page 1
1 Department of Commerce on June 5, 2012.
2 4. Notice of the Planning Commission work session for the subject amendment
3 was posted on the County's website in May 2012.
4 5. In order to approve the zoning amendment, the County must find that it is
5 consistent with the Growth Management Act. Additionally, the County must
6 find that the zoning amendment is consistent with and implements the
7 Whatcom County Comprehensive Plan.
8 6. The Growth Management Act includes a planning goal to "Encourage
9 economic development throughout the state that is consistent with adopted
10 comprehensive plans, promote economic opportunity for all citizens of this
11 state, especially for unemployed and for disadvantaged persons, promote the
12 retention and expansion of existing businesses and recruitment of new
13 businesses, recognize regional differences impacting economic development
14 opportunities, and encourage growth in areas experiencing insufficient
15 economic growth, all within the capacities of the state's natural resources,
16 public services, and public facilities" (RCW 36.70A.020(5)).
17 This proposed zoning amendment would allow for new packinghouses within
18 the agriculture zoning district. Presently, new packinghouses are prohibited
19 within the agriculture zoning district. Staff recognizes the benefit to the
20 agricultural industry this amendment would provide by allowing greater
21 opportunities for farmers to get their product to the end user. The Growth
22 Management Act allows for jurisdictions to implement innovative zoning
23 techniques, which should be designed to conserve agricultural lands and
24 encourage the agricultural economy. This proposed amendment would
25 support planning goal RCW 36.70A.020(5) Economic Development.
26 7. The Growth Management Act also includes a planning goal to "Maintain and
27 enhance natural resource-based industries, including productive timber,
28 agricultural, and fisheries industries. Encourage the conservation of
29 productive forest lands and productive agricultural lands, and discourage
30 incompatible uses" (RCW 36.70A.020(8)).
31 This proposed zoning amendment would allow for new packinghouses within
32 the agriculture zoning district. Staff recognizes the benefit to the agricultural
33 industry this amendment would provide by allowing greater opportunities for
34 farmers to get their product to the end user. This proposed amendment
35 would support planning goal RCW 36.70A.020(8) Natural Resource
36 Industries.
37 8. Consistent with RCW 36.70A.177, this amendment will allow packinghouses
38 within the agricultural zone that will support the agricultural community by
39 allowing production of value-added agricultural products and will not interfere
40 with the overall agricultural use and character of the County's designated
41 agricultural lands of long-term commercial significance.
42
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1 9. Policy 8B-1: Promote the expansion and stability of local and regional
2 agricultural economies.
3 This proposed zoning amendment would allow for new packinghouses within
4 the agriculture zoning district. Presently, Keizer Meats of Lynden, which
5 operates the only USDA approved facility north of King County that is open to
6 the general public, has received conditional approval to operate a facility at
7 the location of their approved meat cutting and packing facility on Bob Hall
8 Rd. Approval of this proposed amendment would allow other citizens within
9 the agriculture zoning district to provide slaughtering services to Whatcom
10 County farmers and allow greater opportunities for farmers to generate
11 value-added products and get their product to the end user.
12 10. Policy 8B-2: Assist Whatcom County's agricultural industry in the pursuit of
13 its long-term economic potential. This should include the development of
14 strategies and policies necessary to reach this potential, in terms of both
15 production and diversity.
16 This proposed zoning amendment would allow for new uses not presently
17 allowed in the agriculture zoning district. Allowing this use may increase
18 production and diversity of livestock by providing greater opportunities for
19 livestock owners to get their product to the end user.
20 11. Policy 8B-4: Support methods and strategies to market Whatcom County
21 agriculture in ways which ensure that agricultural activities (such as dairying)
22 and entities (such as processors) will remain here in the long term.
23 Allowing new packinghouses within the agriculture zoning district would
24 provide for additional marketing of Whatcom County livestock, as there is
25 presently only one permitted USDA approved facility within any Whatcom
26 County jurisdiction.
27 12. County-Wide Planning Policy I-5: The county and the cities should include an
28 economic development element in their Comprehensive Plans. Economic
29 development elements should be consistent with the CEDS. Economic
30 development shall be coordinated with environmental concerns to protect the
31 quality of life. Planning efforts should address economic sustainability. As
32 part of the comprehensive planning process and through implementation of
33 the comprehensive plan, the County shall develop and adopt goals, policies
34 and regulations that protect resource land industries and support and
35 encourage resource-based industries.
36 Approval of this proposed amendment would allow citizens within the
37 agriculture zoning district to provide slaughtering services to Whatcom
38 County farmers and allow greater opportunities for farmers to get their
39 product to the end user. By approving the proposed amendment,
40 comprehensive plan goals and policies and their related development
41 regulations that support and encourage resource-based industries would be
42 implemented.
43 13. County-Wide Planning Policy I-9: The County and the cities recognize the
Page 3
1 need for the protection and utilization of natural resources and resource
2 lands including agricultural, mineral, forestry and fishing. As part of a broad
3 based economy, productive timber, agriculture and fisheries industries should
4 be supported in a sustainable manner.
5 Approval of this proposed amendment would allow citizens within the
6 agriculture zoning district to provide slaughtering services to Whatcom
7 County farmers and allow greater opportunities for farmers to get their
8 product to the end user. Approval of this proposal would allow for an
9 increase to the economic base for agricultural products related to livestock.
10 14. Packinghouses within the Agriculture zone allow for a local, sustainable,
11 humanely raised food supply for the citizens of Whatcom County.
12 15. Limiting holding pens to that necessary to accommodate animals intended for
13 processing within 24 hours would prevent packinghouse holding pens from
14 becoming feedlots, while allowing each facility the flexibility to adjust their
15 business accordingly.
16 16. The proposed amendment has not changed substantially from the initial staff
17 proposal that was reviewed through the State Environmental Policy Act
18 (SEPA). The previously issued SEPA Threshold Determination of
19 Determination of Nonsignificance (DNS) is still applicable.
20 17. The Rural Industrial Manufacturing (RIM) zone is the only zone presently in
21 Whatcom County that provides a permitting pathway to allow for
22 slaughtering facilities. Applicability of land within the RIM zone to a new
23 agricultural slaughtering facility is limited to the I-5 Rural Business RIM zone.
24 18. According to the 2007 USDA Census of Agriculture, Whatcom County has
25 95,500 cattle and calves.
26 19. Keizer Meats, the only USDA approved slaughtering facility in Whatcom
27 County, is limited to slaughtering 2,000 animals per year through their
28 Conditional Use Permit.
29 20. Both nationwide and locally, the percentage of livestock operations selling
30 product directly to consumers or retailers is much smaller than that of other
31 agricultural products (US Department of Agriculture. Slaughter and
32 Processing Options and Issues for Locally Sourced Meat. USDA Economic
33 Research Service. 2012).
34 21. Limited slaughter and processing capacity is often cited as a key barrier to
35 marketing of meat and poultry locally (US Department of Agriculture.
36 Slaughter and Processing Options and Issues for Locally Sourced Meat. USDA
37 Economic Research Service. 2012).
38 22. The number of slaughter plants has decreased in recent years, both
39 nationwide and locally (US Department of Agriculture. Slaughter and
40 Processing Options and Issues for Locally Sourced Meat. USDA Economic
41 Research Service. 2012).
Page 4
1 23. Nationwide 87 percent of federally inspected facilities combine to process just
2 over 1 percent of cattle slaughtered per year (US Department of Agriculture.
3 Slaughter and Processing Options and Issues for Locally Sourced Meat. USDA
4 Economic Research Service. 2012).
5 24. Lack of nearby slaughter facilities can create logistical impediments to animal
6 slaughter, particularly in being able to transport animals/meat to and from
7 the slaughter plant in a financially practical way (US Department of
8 Agriculture. Slaughter and Processing Options and Issues for Locally Sourced
9 Meat. USDA Economic Research Service. 2012).
10 25. Nationwide given the mismatch between smaller producers and larger plants,
11 many individual producers marketing their meat via niche marketing
12 arrangements must rely on smaller facilities, wherever they are located.
13 Small producers may prefer to use a smaller slaughter and processing facility
14 because a smaller plant is likely to be more flexible in satisfying the
15 producer's individual processing requests (US Department of Agriculture.
16 Slaughter and Processing Options and Issues for Locally Sourced Meat. USDA
17 Economic Research Service. 2012).
18 26. Nationwide sales of food sold via direct-to-consumer marketing have more
19 than doubled over the last decade (USDA/NASS, 2007 Census of
20 Agriculture). However, direct-to-consumer and intermediated sales of
21 livestock products have not grown as rapidly as other food categories,
22 despite apparent demand. Local producers continue to perceive a lack of
23 local slaughter capacity as a hindrance in trying to meet growing demand
24 (US Department of Agriculture. Slaughter and Processing Options and Issues
25 for Locally Sourced Meat. USDA Economic Research Service. 2012).
26 27. Currently, the vast majority of livestock and poultry slaughter in the United
27 States is done in a relatively small number of very large facilities (US
28 Department of Agriculture. Slaughter and Processing Options and Issues for
29 Locally Sourced Meat. USDA Economic Research Service. 2012).
30 28. New methods for animal slaughter and processing geared toward local
31 markets, for example, mobile slaughter units (MSUs), can help meet some of
32 the need for increased slaughter capacity in localized areas and enable the
33 growth of small livestock producers marketing products to consumers in their
34 region or community (US Department of Agriculture. Slaughter and
35 Processing Options and Issues for Locally Sourced Meat. USDA Economic
36 Research Service. 2012).
37 29. As part of the review process for the proposed amendments, Planning and
38 Development Services has read numerous background documents including,
39 but not limited to:
40 • US Department of Agriculture. Layout Guide for Small Meat Plants. C. F.
41 Brasington and D.R. Hammonds. USDA Agricultural Research Service.
42 1976. http://www.ncagr.gov/meatpoultry/pdf/Layout%20Guide.pdf.
Page 5
1 • University of Wisconsin Cooperative Extension. Pollution Prevention for
2 Small Slaughterhouse and Meat Packing Operations. Solid & Hazardous
3 Waste Education Center. 2012.
4 http://www4.uwm.edu/shwec/publications/cabinet/p2/Pollution%20Preve
5 ntion-Small%20Slaughterhouse%200perations.pdf.
6 • US Department of Agriculture. Slaughter and Processing Options and
7 Issues for Locally Sourced Meat. USDA Economic Research Service. 2012.
8 http://www.ers.usda.gov/media/820188/Idpm216-01.pdf.
9 • Great Northern Corporation and Economic Development "ON CALL".
10 Siskiyou Slaughter Facility Preliminary Feasibility Study & Action Plan.
11 2005. http://calaverasgrown.org/wp-content/uploads/2011/12/Siskiyou-
12 GOS-072105909.pdf.
13 • US Environmental Protection Agency. Technical Development Document
14 for the Final Effluent Limitations Guidelines and Standards for the Meat
15 and Poultry Products Point Source Category (40 CFR 432). 2008.
16 http://water.epa.gov/scitech/wastetech/guide/mpp/upload/2008 07 15
17 guide mpp final tddl4.pdf.
18 • Kilpatrick, John A. Letter to Client. 30 Sept. 2011.
19 http://www.sraproject.org/wp-
20 content/uploads/2012/08/KilpatrickCAFOPropReviewRer ortEdit..pelf
21 • US Department of Agriculture. News Release: USDA Identifies Gaps,
22 Releases Maps Which Detail U.S. Local Meat Processing Facilities. USDA
23 Office of Communications. 2010.
24 http://www.usda.gov/wps/portal/usda/usdahome?contentid=2010/05/02
25 84.xml.
26 • US Department of Agriculture. Slaughter availability to small livestock and
27 poultry producers - Maps. USDA Food Safety and Inspection Service.
28 2010. http://www.fsis.usda.gov/wps/wcm/connect/48397e1a-dfc0-4d56-
29 bfb5-996fa994f881/KYF maps-
30 050410 FOR RELEASE 480.pdf?MOD=AJPERES.
31
32 CONCLUSIONS
33 1. The proposed amendments are consistent with the Whatcom County
34 Comprehensive Plan.
35
36 2. The subject amendment serves the public interest by supporting the local
37 agricultural industry.
38
39 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
40 Whatcom County Zoning Code is hereby amended as shown in Exhibit A.
41
42 BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or
43 phrase of this ordinance is for any reason held to be invalid or unconstitutional;
44 such decision shall not affect the validity of the remaining portions of this
45 ordinance. The Council hereby declares that it would have passed this code and
46 each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
Page 6
1 that any one or more sections, subsections, sentences, clauses or phrases has been
2 declared invalid or unconstitutional, then the original ordinance or ordinances shall
3 be in full force and effect.
440111111)rr
5 ti OrIVaWi,4otI-, day OfSeptember , 2013
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7 1 . '\\v\ C0-•0 WHATCOM COUNTY COUNCIL
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9 Afigratw 10 gki. _ jrirrtA. Ili-71-1Ni- _ , : . \- _ _
11 Dana Brp'";1-Date ierk�3f the Council Kathy Kershner, Council Chair
12 '•.sHIN .• .�
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13 fi, 4 .`'ti
14 `�'''1►,�;,i*���`���� WHATCOM COUNTY E ECUTIVE
15 APPROVED AS.TO f WHATCOM_CO NTY I ASHINGTON
16
17 /' � `
18 '�* ,/ '
19 Civil eputy Prosecutor Jack Louws;/County E cutive
20
21 ( /.),Approved ( ) Denied
22
23 Date Signed09 .19 '/3
24
Page 7
EXHIBIT A
Chapter 20.40 AGRICULTURE (AG) DISTRICT
20.40.100 Accessory Uses
.114 Packinghouses, which shall be located, designed, and operated so as to not
interfere with the overall agricultural character of the area, provided the following
criteria are met:
(1) The total allowable building area is no larger than 7,000 square feet.
(2) The facility processes at least 75 percent agricultural goods produced in
Whatcom, Skagit and/or Island County and that originate from uses
permitted in WCC 20.40.051.
(3) Holding pens associated with packinghouses shall be limited to that
necessary to accommodate animals intended for processing within 24 hours.
(4) For purposes of public notice, the applicant shall submit stamped envelopes
with typed addresses for each property owner within 1,000 feet of the
external boundaries of the subject property as shown by the records of the
county assessor. A notice shall be mailed by Planning and Development
Services explaining that an application is being processed for a
packinghouse on the subject property as an allowed accessory use and that
the notice is being provided as a courtesy only. A copy of WCC 20.40.114
shall be provided with the notice.
(5) The facility will be serviced adequately by necessary facilities such as
highways, streets, police and fire protection, drainage structures, refuse
disposal, water and wastewater treatment.
(6) The facility shall comply with solid waste handling standards as set forth in
WAC 173-350, as administered by the Whatcom County Health Department
as adopted by reference in WCC 24.06
(7) An approved state waste discharge permit from the Washington State
Department of Ecology with adequate storage, where required, that
complies with WAC 173-216, WAC 173-226 industrial stormwater permit
(general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220),
if required by the Washington State Department of Ecology.
(8) The facility will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets.
(9) The building shall avoid prime agricultural soils to the extent feasible.
Where the site is predominantly in prime soils and avoidance is not feasible,
the applicant shall demonstrate that the buildings:
a. Are sized to be as small as feasible; and
b. Located to maximize the agricultural use of the remaining area; and
1
c. Achieve the most suitable locations in terms of minimizing roads,
impervious surfaces, and allowing for water availability and septic
suitability.
(10) The packinghouse, as identified in WCC 20.97.282.1, shall emit no noxious
emissions that are detectable, at or beyond the property line for the use
concerned, in such a concentration or of such duration as to cause a public
nuisance, or threaten health or safety, or to unreasonably infringe upon the
use of adjacent property.
20.40.150 Conditional Uses
.164 Packinghouses, which shall be located, designed, and operated so as to not
interfere with the overall agricultural character of the area, provided the following
criteria are met:
(1) The total allowable building area is larger than 7,000 square feet and no
larger than 20,000 square feet.
(2) The facility processes at least 75 percent agricultural goods produced in
Whatcom, Skagit and/or Island County and that originate from uses
permitted in WCC 20.40.051.
(3) Holding pens associated with packinghouses shall be limited to that
necessary to accommodate animals intended for processing within 24 hours.
(4) The facility will be serviced adequately by necessary facilities such as
highways, streets, police and fire protection, drainage structures, refuse
disposal, water and wastewater treatment.
(5) The facility shall comply with solid waste handling standards as set forth in
WAC 173-350, as administered by the Whatcom County Health Department
as adopted by reference in WCC 24.06
(6) An approved state waste discharge permit from the Washington State
Department of Ecology with adequate storage, where required, that
complies with WAC 173-216, WAC 173-226 industrial stormwater permit
(general permits), and/or an NPDES Permit (RCW 90.48 and WAC 173-220),
if required by the Washington State Department of Ecology.
(7) The facility will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets.
(8) The building shall avoid prime agricultural soils to the extent feasible.
Where the site is predominantly in prime soils and avoidance is not feasible,
the applicant shall demonstrate that the buildings:
a. Are sized to be as small as feasible; and
b. Located to maximize the agricultural use of the remaining area; and
c. Achieve the most suitable locations in terms of minimizing roads,
impervious surfaces, and allowing for water availability and septic
suitability.
2
(9) The packinghouse, as identified in WCC 20.97.282.1, shall emit no noxious
emissions that are detectable, at or beyond the property line for the use
concerned, in such a concentration or of such duration as to cause a public
nuisance, or threaten health or safety, or to unreasonably infringe upon the
use of adjacent property.
Chapter 20.69 Rural Industrial Manufacturing (RIM)
20.69.130 Administrative approval uses
20.69.131 Slaughterhouses.
Chapter 20.80 Supplementary Requirements
20.80.200 Setback requirements
20.80.255 Agriculture District.
(1) The 50-foot front yard setback requirement for new buildings or additions may be
waived if the zoning administrator finds the new building or addition is located along
the same building line(s) of existing structures and will result in no additional
encroachment, the public interest, safety and health are protected; provided, that for
a new building the applicant shall also demonstrate that the proposed location is
necessary for the economic viability and the continued operation of the agricultural
use.
(2) The minimum separation between new residences not located on the same
property and farm uses such as barns, pens, milking sheds, packinghouses, or areas
used to contain, house or feed animals or store manure or feed, shall be 300 feet.
New farm uses such as barns, pens, milking sheds, or areas used to contain, house or
feed animals or store manure or feed, shall be situated at least 150 feet from existing
residences not located on the same property. Expansion of existing facilities within
the 150-foot buffer, providing such expansion is not closer to a neighbor's residence,
and pastures are excluded from this section's requirements.
(3) The minimum separation between packinghouses and schools shall be 500 feet.
(4) The minimum separation between packinghouses and adjacent property lines shall
be 150 feet.
20.97.282.1 Packinghouse
"Packinghouse" means a plant that both slaughters animals and subsequently
processes carcasses into fresh, cured, smoked, canned or other prepared meat
products. Rendering and importation of animal by-products is strictly prohibited in
packinghouses. Packinghouses shall not slaughter poultry. Packinghouses exclude
temporary, mobile or other on-farm, owner-raised poultry slaughtering operations
regulated under WAC 16-170 and/or RCW 69.07 that do not require USDA inspection.
Agricultural producers who raise poultry may slaughter up to one thousand (1,000)
poultry raised on their own farm annually subject to the special poultry permit
requirements of WAC 16-170. Agricultural producers who process between one
3
thousand (1,000) and twenty thousand (20,000) poultry a year on their farm are
subject to the food processor license requirements of RCW 69.07.
20.97.310 Poultry
"Poultry" means products derived from the slaughter and processing of broilers, other
young chickens, mature chickens, hens, turkeys, capons, geese, ducks, small game
fowl such as quail or pheasants, and small game such as rabbits.
20.97.343 Rendering
"Rendering" means the process or business of producing tallow, grease, and high-
protein meat and bone meal from animal by-products.
20.97.343.1 Rendering Plant
"Rendering plant" means a plant that processes animal by-product materials for the
production of tallow, grease, and high-protein meat and bone meal.
20.97.423.1 Slaughterhouse
"Slaughterhouse" means a facility that slaughters animals and has as its main product
fresh meat as whole, half or quarter carcasses or small meat cuts.
20.97.424 Slaughtering
"Slaughtering" means the killing and processing of animals for human consumption.
4