HomeMy WebLinkAboutord2012-017 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 223 B
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: County Council 4/10/2012 Council
Division Head:
Dept. Head: ti ??S 4 . off•' fa' _
Prosecutor: +� �'
Budget:
Executive:
SUBJECT:
Ordinance imposing an emergency moratorium on applications for WES
ATTACHMENTS ..
SUMMARY STATEMENT:
Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Requested Date:
Ordinance imposing an emergency moratorium on applications for WES
RECOMMENDED MOTION (for final action) :
COUNCIL ACTION TAKEN
4 / 10 / 2012 : Council Adopted 7 -0
Ord . 2012-017
Related File Numbers: Ordinance or Resolution Number (this item only) :
Ord . 2012 - 017
500K Wind Energy Systems-Emergency
SPONSORED BY: Consent
PROPOSED BY: Consent
INTRODUCTION DATE : April 10, 2012
ORDINANCE NO , 2012 -017
IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW
APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500
KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE
RATED OUTPUT ABOVE 100 KILOWATTS
WHEREAS, on October 21 , 2008 , the Whatcom County Council adopted Ordinance
2008- 043 , regulating the construction and operation of Wind Energy Systems ( WES ) ; and
WHEREAS, these regulations addressed the construction and operation of WES
greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output
above 100 Kilowatts, in certain zones by means of a Conditional Use Permit as specified in
Whatcom County Code 20 . 14 . 041 ; and
WHEREAS, the impacts of these large structures were anticipated to be considered
through the Conditional Use hearing process as to the uses associated with the applicable
zone in which the subject WES was greater than 500 Kilowatts, or multiple WES per parcel
with a cumulative rated output above 100 Kilowatts, was being proposed ; and
WHEREAS, the requirements for locating a proposed WES greater than 500
Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts,
did not specifically address the impacts of a proposed system constructed in allowed zoning
where the specific property abuts properties of more dense residential zoning ; and
WHEREAS, in 2010 and 2011 the Whatcom County Council adopted interim
measures to suspend the acceptance of new applications for Wind Energy Systems ( WES )
greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output
above 100 Kilowatts while it drafted new regulations to specifically address the impacts of
constructing a WES in allowed zoning where the specific property abuts properties of more
dense residential zoning ;
WHEREAS, on September 28 , 2010, two draft proposals to amend Whatcom County
Code 20 . 14, Wind Energy Systems, were forwarded to the Whatcom County Planning
Commission for review ; and
WHEREAS, the Planning Commission reviewed both proposals and forwarded its
recommendations to the County Council on June 21 , 2011 ; and
WHEREAS, the County Council began its review of the Planning Commission 's
recommendations on July 12, 2011 , and requires additional time to finalize its work; and
WHEREAS, the Whatcom County SEPA Official has determined that this proposal is
exempt from SEPA ; and
WHEREAS, the Whatcom County Council makes the following finding of facts :
1 . There is merit in considering additional mitigation and/or property boundary
setbacks in circumstances of adjacency to zoning boundaries ; and
2 . A significant number of Whatcom County residents who live in residential areas
directly adjacent to properties which are zoned for large-scale WES have presented
additional information regarding the negative impacts of nearby WES that was not .
considered in the passage of Ordinance 2008- 043 ; and
3 . This interim ordinance is necessary to prevent future applications for WES greater
than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100
Kilowatts, from vesting under current law and thus subverting the purpose of this
ordinance ; and
WHEREAS, the current interim ordinance, adopted September 27 , 2011 , will expire
on April 23 , 2012 ; and
WHEREAS, it is necessary to have this ordinance take effect immediately in order to
prevent applications from vesting between April 23 , 2012 , and the effective date of any
future interim or final ordinance ; and
WHEREAS, the Whatcom County Council will hold a public hearing on this ordinance
within sixty days its adoption ; and
WHEREAS, the Council finds the emergency moratorium imposed by this ordinance
is necessary for the protection of public health , safety, property, or peace .
NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that an
emergency moratorium is hereby imposed on the acceptance of new applications for Wind
Energy Systems greater than 500 Kilowatts, or multiple WES per parcel with a cumulative
rated output about 100 Kilowatts .
BE IT FURTHER ORDAINED that this emergency ordinance shall take effect
immediately and shall expire 60 days from this date, unless repealed or extended
beforeha``c4 n % " " l ll tii,,,���
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Dark Browitgam egkinty ` erk Kathy Kershner, Council Chair
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A r r () D : nd il Deputy Prosecut r Jack L . ws , Coun y Executive
Date : "h , , , ? a-