HomeMy WebLinkAboutord2012-021 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 223 C
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept. : Planning & Develop 5/8/2012 Introduction
Division Head: 5 / 22 / 12 Hearing
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT:
Ordinance imposing interim moratorium on applications for WES
ATTACHMENTS
SUMMARY STATEMENT:
Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Y Requested Date:
Ordinance imposing an interim 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
RECOMMENDED MOTION (for final action) :
COUNCIL ACTION TAKEN
5 / 08 / 2012 : Introduced
5 / 22 / 2012 : Council Adopted 7 -0
Ord . 2012-021
Related File Numbers: Ordinance or Resolution Number (this item only) :
Ord . 2012 -021
500K Wind Energy Systems-Interim 2012
SPONSORED BY : Consent
PROPOSED BY: Consent
INTRODUCTION DATE : May 8, 2012
ORDINANCE NO . 2012-021
IMPOSING AN INTERIM 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, on April 10 , 2012 , the Whatcom County Council adopted Ordinance
2012 - 017 , an emergency ordinance imposing a 60 - day moratorium on the acceptance of
new applications for WES ; and
WHEREAS, the Ordinance 2012 - 017 will expire on June 11 , 2012 ; and
WHEREAS, adoption of an interim ordinance is necessary to prevent applications
from vesting between June 11 , 2012, and the effective date of any future ordinance .
NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that an
interim 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 above 100 Kilowatts .
BE IT FURTHER ORDAINED by the Whatcom County Council that this ordinance
shall be effective for not longer than six months following its effective date, but may be
renewed�tf�q�ltgnw��or more six- month periods if subsequent public hearings are held and
finding f O�ar ''r% de prior to each renewal .
J.� A opm?D*his(22ad day of May , 2012 .
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ii U ' g . E WHATCOM COUNTY COUNCIL
cs COUNTY, WASHINGTON
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Darfeprown - Datjis;'cei my Clerk Kathy Kershner, Council Chair
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A P VED AS TO RM : �Ap • : • ed ODenied
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Civil Deputy Pr secutor Jack L • uws Co ty Executive
Date : .57079// a