HomeMy WebLinkAboutord2012-006 7IIATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 435
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
11/22/11 Introduction
Originator: Joshua
12 / 6 / 11
Fleischmann
Division Head: I l/V
( k I C E U V L D 1 / 10 / 12 P &D / Council
ot
Dept. Head: J.E. "Sam "
Ryan II ' „Iq ' I1 DEC 0 2011 1 / 24 / 12 P &D /Council
KarenFrakes lbicT: ( t t ' WHATCOM COUNTY
TY
COUNCIL 2 / 14 / 12 Council
Purchasing/Budget:
•
Executive: Pete Kremen
TITLE OF DOCUMENT: Ordinance adopting amendments to the Whatcom County Comprehensive Plan and
zoning maps to remove a Mineral Resource Lands (MRL) zoning overlay from the existing Rural (R10) zone
and change the MRL designation to Rural for approximately 90 acres on Aldrich Rd, just south of King Tut Rd.
ATTACHMENTS:
•
( 1 ) Proposed ordinance
SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( x ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Robert Sorensen Jr. is requesting to amend the Comprehensive Plan Map and Zoning Map to remove a Mineral
Resource Land (MRL) zoning overlay from the existing Rural (R10) zone and change the MRL designation to
Rural for approximately 90 acres on Aldrich Rd, just south of King Tut Rd. The proposal located within the NE
'A of Section 14, T39N, R2E, W.M. Assessor' s Parcel # ' s 390214400339 and 390214468400 .
COMMITTEE ACTION:: COUNCIL ACTION:
1 / 10 / 2012 : Withdrawn from the agenda 12 / 06 / 2011 : Introduced
1/24/ 2012 : Amended to remove findings 13 , 19 , 20 , 41 and 1 / 10 / 2012 : Withdrawn from the agenda
amend language in finding 32 and forwarded to Council 1/24/2012 : Council Approved to forward as amended in
for approval . Committee to concurrent reveiw 7 -0 .
2 / 14 / 2012 : Council Adopted 6 - 1 , Weimer
opposed
Ord . 2012- 006
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2012-006
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.
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE : 12 / 6 / 2011
ORDINANCE # 2012 -006
AN ORDINANCE AMENDING THE OFFICAL COMPREHENSIVE
PLAN MAP AND ZONING MAP TO REMOVE A MINERAL RESOURCE
LANDS (MRL) ZONING OVERLAY FROM THE EXISTING RURAL
(R10) ZONE AND CHANGE THE MRL DESIGNATION TO RURAL FOR
APPROXIMATELY 90 ACRES ON ALDRICH RD , JUST SOUTH OF
KING TUT RD .
WHEREAS, an application has been submitted by Robert Sorensen Jr to
amend the Comprehensive Plan Map and Zoning Map to remove a Mineral Resource
Lands ( MRL) zoning overlay from the existing Rural ( R10 ) zone and change the MRL
designation to Rural for approximately 90 acres on Aldrich Rd , just south of King Tut
Rd . ; and
WHEREAS, the site is located east of Aldrich Rd, south of King Tut Rd , North
of W . Hemmi Rd . The proposal is situated within the NE 'A of Section 14, 139N ,
R2E , W . M . Assessor's Parcel # 's 390214400339 and 390214468400; and
WHEREAS, the proposed amendment has been reviewed under the State
Environmental Policy Act ( SEPA); and
WHEREAS, the proposed amendment meets the approval criteria for
comprehensive plan amendments, as required by Whatcom County Code ( WCC )
2 . 160 . 080 ; and .
WHEREAS, notice of the Whatcom County Planning Commission hearing on
the proposed amendment was published in the Bellinghan Herald , mailed and
posted ; and
WHEREAS, the Whatcom County Planning Commission held a public hearing
on the proposed amendment and considered all testimony, and recommended
approval , provided , however, the applicant will submit an application to redesignate
Parcel C as Open Space Agriculture prior to the Comprehensive Plan docket vote by
the County Council ; and
WHEREAS, the applicant has submitted both a Current Use Application Farm
and Agricultural Land Classification Parcels with Same Ownershipform , and an
Application for Transfer of Designated Forest Land to Current Use Classification form
to the Whatcom County Assessor's office ; and
WHEREAS, the applicant has applied to have Parcel C re- designated as Open
Space Agriculture ; and
P. 1
WHEREAS, the Whatcom County Planning Commission forwarded its findings
and reasons for action to the County Council ; and
WHEREAS, the County Council has adopted the following findings of fact and
conclusions :
FINDINGS
1 . Notice of the Planning Commission hearing was mailed to surrounding
property owners within 1 , 000 ' of the proposed site on October 14 , 2011 .
2 . Notice of the Planning Commission hearing was posted at the subject site on
October 17 , 2011 .
3 . Notice of the Planning Commission hearing was published in the Bellingham
Herald on October 14 , 2011 .
4 . The Planning Commission held a public hearing relating to the subject
amendment on October 27 , 2011 .
5 . A determination of non-significance ( DNS ) was issued under the State
Environmental Policy Act ( SEPA) on August 22 , 2011 .
6 . The Whatcom County Comprehensive Plan does not contain specific criteria
for de- designating Mineral Resource Lands .
7 . The Whatcom County Comprehensive Plan contains specific criteria for
designating Mineral Resource Lands .
8 . Mineral resource designation criterion # 1 state , " Non- metallic deposits must
contain at least one million cubic yards of proven and extractable sand ,
gravel , or rock material per new MRL designation . "
This proposal affects an existing MRL designation , therefore the volume
requirements are not applicable .
9 . Mineral resource designation criterion # 2 states , " Minimum MRL Designation
size is twenty acres . "
The present MRL designation is greater than 20 acres .
10 . Mineral resource designation criterion # 3 states, " Expansion of an existing
MRL does not need to meet criteria 1 or 2 . "
This proposal is for removal of the roughly 90 acre MRL designation . As it is
not an expansion , this criterion does not apply and criteria 1 and 2 are
P. 2
applicable
11 . Mineral resource designation criterion # 4 states, " MRL Designation status
does not, apply to surface mines permitted as an accessory or conditional use
for the purpose of enhancing agriculture or facilitating forestry resource
operations .
The subject site does not contain a surface mine permitted for agricultural or
forestry operations . Therefore , this criterion does not apply .
12 . Mineral resource designation criterion # 5 states , "All preexisting legal
permitted sites meeting the above criteria ( criteria 1-4 ) will be designated . "
There is not an existing permitted mine on the subject site . Therefore , the
subject site would not qualify under this criterion and must meet criteria Er
10 .
13 . Mineral resource designation criterion # 7 state , " MRL Designations must not
be within nor abut developed residential zones or subdivisions platted at
urban densities . "
The subject site is zoned R( 10 ) with an MRL zoning overlay . The subject site
is not within , nor does it abut, developed residential zones or subdivisions
platted at urban densities . The areas to the north , west, and south , are
designated Rural and zoned R( 10 ) . The area to the east is zoned and
designated Agriculture .
14 . Mineral resource designation criterion # 8 states , " MRL Designations must not
occur within the 10 year zone of contribution for designated wellhead protection
areas , as approved by the State Department of Health for Group A systems , and
by the Whatcom County Health Department for Group B systems , in accordance
with source control provisions of the regulations on water system comprehensive
planning . MRL designations may be modified if a wellhead protection area
delineated subsequent to MRL designation encompasses areas within a
designated MRL . If a fixed radii method is used to delineate a wellhead
protection area , the applicant may elect to more precisely delineate the wellhead
protection boundary using an analytical model ; provided , that the delineated
boundary proposed by the applicant is prepared by a professional
hydrogeologist ; and further provided , that the delineated boundary has been
reviewed and approved by the Washington State Department of Health for Group
A systems , and by the Whatcom County Health Department for Group B
systems . The hydrogeologist shall be selected by mutual agreement of the
County, water purveyor, and applicant ; provided , if agreement cannot be
reached the applicant shall select a consultant from a list of no less than three
qualified consultants supplied by the County and water purveyor . "
According to GIS mapping , a portion of the MRL is within the 10 year zone of
contribution of the James L. Calman Community Water System . Additionally,
there are numerous private wells in the region .
P. 3
15 . Mineral resource designation criterion # 9 states , " MRL Designation should
n ot enclose by more than 50 % non- designated parcels . "
The MRL designation does not enclose by more than 50 % non- designated
parcels .
16 . In addition to the nine specific criteria for designating MRLs , the Whatcom
County Comprehensive Plan contains goals and policies that are applicable to
the proposal .
17 . Policy 21-1- 1 : Review and retain regulations that serve to protect the public
welfare , health , and safety .
Future activities would still be subject to Whatcom County Code (WCC ) Title 20 -
Zoning . The objective of Title 20 is to " . . . assure the highest standards of
e nvironment for living , and the operation of commerce, industry, agriculture and
recreation ; and to assure maximum economies in order to conserve the highest
degree of public health , safety , morals and welfare . "
18 . Policy 7H - 5 : Support mining , which is compatible with other land use and
e nvironmental policies, including surface mining of sand , gravel , and rock and
subsurface mining of other minerals found in Whatcom County such as gold and
silver.
The proposal would not support mining , as it would remove the protection of the
sand deposits as a material of long term commercial significance .
19 . Policy 8A- 6 : Prioritize agricultural activity in land use decisions when land is
composed of prime and/or productive agricultural soils and agriculture is the
highest value resource use .
This proposal affects 2 lots of record for use or for sale . The applicant's proposal
to remove the MRL designation on Parcel B would allow the applicant the
potential to utilize all seven densities on their 71 acre parcel . Currently, they
most likely could not utilize all seven for the purpose of division . The removal of
the MRL designation Parcel C would most likely have no impact on the applicant's
ability to utilize all four densities other than design features and configuration .
20 . Policy 8J - 1 : Conserve for mineral extraction designated mineral resource lands
of long -term commercial significance . The use of adjacent lands should not
interfere with the continued use of designated mining sites that are being
o perated in accordance with applicable best management practices and other
laws and regulations .
The proposal would remove the protection of the underlying mineral resources
for the purpose of commercial extraction .
21 . Policy 8K- 1 : Avoid significant mineral extraction impacts on adjacent or nearby
land uses , public health and safety, or natural resources .
P. 4
The proposal would eliminate any potential commercial mineral extraction
impacts to nearby land uses , health , safety, or natural resources .
22 . Policy 8K- 2 : Consider the maintenance and upgrade of public roads . Address all
truck traffic on county roads in a fair and equitable fashion .
The proposal would eliminate truck traffic and potential impacts to public roads
related to commercial mineral extraction .
23 . Policy 8K- 3 : Avoid adversely impacting water quality . The protection of aquifers
and recharge zones should have precedence over surface mining in the event it
is determined by the county that adverse impacts cannot be avoided through the
standard use of best management practices . Avoid contamination of aquifers by
u sing uncontaminated material for reclamation or on-site storage .
The proposal would eliminate the potential for commercial mineral resource
extraction and any associated impacts to aquifers .
24 . Policy 8K-4 : Require , where there exists County jurisdiction , the reclamation of
mineral resource lands on an ongoing basis as mineral deposits are depleted .
Best Management Practices should be used to achieve this .
This proposal would eliminate the potential for commercial mineral extraction .
Outside of MRLs , if minerals are extracted for non - commercial and non - building
purposes , any volume greater than 10 , 000 cubic yards is considered surface
mining by Whatcom County and would require a conditional use permit . This
extraction can take place on up to 3 acres , with anything larger being prohibited
o utside of MRLs .
25 . Policy 8K- 5 : Have an ultimate use for land used for mineral extraction which will
complement and preserve the value of adjoining land .
This proposal would eliminate the potential for commercial mineral resource
extraction . The zoning and designation would be consistent with the lands to the
n orth , south , and west .
26 . Policy8L- 1 : Discourage new residential uses from locating near designated
mineral deposit sites until mineral extraction is completed unless adequate
buffering is provided by the residential developer.
This proposal would eliminate the potential for commercial mineral resource
extraction . There would be no reason to discourage residential uses from
locating nearby , as this site would no longer be designated as mineral resource
land of long-term commercial significance .
27 . Policy 8L- 3 : Allow accessory uses to locate near or on the site of the mineral
extraction source when appropriate . Authorize crushing equipment to locate
n ear the mineral extraction sources as a conditional use provided that all
pertinent regulatory standards are maintained . Site asphalt and concrete batch
plants as a conditional use , addressing potential impacts for the site .
P. 5
If the MRL designation and zoning overlay are removed , commercial mineral
extraction and processing would be prohibited . In addition to commercial
mineral extraction , any accessory uses and conditional uses provided under WCC
20 . 73 Mineral Resource Lands Special District ( MRL) would be prohibited by
removing the MRL designation and zoning overlay .
28 . Policy 8L-4 : Buffer mineral resource areas adjacent to existing residential areas .
Buffers preferably should consist of berms and vegetation to minimize impacts
to adjacent property owners. Buffers should be reduced for a limited period of
time during reclamation if quality minerals are contained therein .
This proposal would eliminate the potential for commercial mineral resource
extraction , as well as the requirement of WCC 20 . 73 . 131 ( 3 ) to buffer mining .
29 . Goal 8P : Designate Mineral Resource Lands ( MRLs ) containing commercially
significant deposits throughout the county in proximity to markets in order to
avoid construction aggregate shortages , higher transport costs, future land use
conflicts and environmental degradation . Balance MRL designations with other
competing land uses and resources .
The subject site is :
• Approximately 3 . 5 miles northeast of the concrete batch plant on W
Creighton Ave , Ferndale ;
• Approximately 3 . 25 miles south-southwest of the concrete batch plant on
River Rd , Lynden ;
• Approximately 6 . 5 miles north- northwest of the concrete batch plants on
Hannegan Rd and Bakerview Spur, Bellingham ;
• Approximately 9 . 5 miles west- northwest of the concrete batch plant on
Cedarville Rd, Bellingham
• Note : These are straight- line distances , not driving distances .
Designating a proven mineral resource in proximity to these and other
markets would further several of the objectives of Comprehensive Plan Goal
8P .
30 . Policy 8P- 1 : Seek to designate a 50 year supply of commercially significant
construction aggregate supply to the extent of compatible with protection of
water resources , agricultural lands, and forest lands .
This site contains no mineral resources of longterm commercial significance .
A letter from Adam Prince , of Alissi Consulting Inc . states that the sand on
site is no longer suitable for septic systems .
31 . Policy 8P- 2 : Ensure that at least 50 % of the total areas designated for
construction aggregate is within 10 miles from cities and urban growth areas
where feasible .
Under this proposal , greater than 50 % of the total areas designated for
P. 6
construction aggregate are within 10 miles of cities and/or UGAs .
32 . Policy 8P-4 : Allow mining within designated MRLs through an administrative
approval use permit process requiring :
1 . On -site environmental review , with county as lead agency, and
2 . Application of appropriate site specific conditions , and
3 . Notification to neighboring property owners within 1 , 000 feet to
insure opportunity for written input and/or appeal , and
4 . Access to de novo review by the Hearing Examiner if administrative
approval or denial is appealed .
This proposal would eliminate the potential for commercial mineral resource
extraction .
33 . Policy 8P- 5 : Consider potential resource areas identified in the Report
Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom
County, Washington ( Geoengineers , Inc . , Sept . 30 , 2003 ) during county review
of land development projects in order to avoid development incompatible with
mineral resource extraction .
The GeoEngineers publication ` Report Engineering Geology Evaluation Aggregate
Resource Inventory Study Whatcom County , Washington " does not identify the
Aldrich Rd MRL as 1 of the 24 Whatcom County MRL areas .
34 . Policy 8Q- 2 : Ensure proper treatment of wastewater prior to discharge .
U nder this proposal , the stormwater would be regulated through Chapter 2 of
the Whatcom County Development Standards .
35 . Policy 8Q- 3 : Provide and maintain best management practices for erosion
control to prevent sedimentation .
U nder this proposal , best management practices or erosion and sediment control
are regulated by Whatcom County Code ( WCC ) Title 20 . Additionally, permit
conditions require proper erosion control and that sedimentation shall be
controlled and kept on site .
36 . Policy 11G - 1 : Manage stormwater runoff to minimize surface water quality and
quantity impacts and downstream impacts on channel morphology, property
owners , and aquatic habitats .
U nder this proposal , the stormwater would be regulated through Chapter 2 of
the Whatcom County Development Standards .
37 . The DNR completed a study entitled Reconnaissance Investigation of Sand,
Gravel, and Quarried Bedrock Resources in the Bellingham 1 : 100, 000
Quadrangle, Washington (Jan . 2001 ) . This study indicates that the working
lifetime of most of the significant pits in the county is 10 to 20 years ( p . 5 ) .
38 . The Whatcom County Surface Mining Advisory Committee Final Report and
P. 7
Recommendations ( October 20 , 2004 ) states :
. Theoretically, there is enough total supply in existing MRLs to
satisfy demand over the first 20 years of the planning period . However,
there is an imbalance in the demand and supply of sand and gravel .
There is a greater need for gravel resources than sand and , as we
approach the end of the 20-year planning period , we can anticipate a
shortage of gravel . Additionally, shortly after the 20-year planning
period , we will run out of sand and gravel resources if existing MRLs
are not expanded . ( p . 7 ) .
CONCLUSIONS
The proposed amendment is consistent with the approval criteria of WCC2 . 160 . 080 .
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that :
Section 1 . The Whatcom County Comprehensive Plan map is hereby amended from
Mineral Resources Lands ( MRL) to Rural designation and the Official Whatcom
County Zoning Ordinance map is hereby amended to remove the existing MRL
zoning overlay from roughly 90 acres over the R( 10 ) zone for subject properties
shown on Exhibit A .
Section 2 . Adjudication of invalidity of any of the sections , clauses , or provisions of
this ordinance shall not affect or impair the validity of the ordinance as a whole or
any part �th rr9f other than the part so declared to be invalid .
AI�JJ��i [ .t4'ws9 &4'& day of February , 2012
. ° � HATc ° ° o �%
® o O COUNTY O� m
WHATCOM COUNTY COUNCIL
F1EST : � s E WHATCOM COUNTY, WASHINGTON
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''Li . ��t � ! ice � �'
Ddbp Brdwn` Davis , Ouncil Clerk Kathy Kershner, Council Chair
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APPROVS b �toform : ( ) Approved ( ) Denied
Civi Deputy Prosecutor Jack L ' uw Cou ty Executive
Date : 0- // 44 �
P. 8
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