HomeMy WebLinkAboutord2011-010 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 145
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: _ 4/12/2011 4/12/2011 Council
Division Head: 4 / 26 / 2011 Hearing
Dept. Head: \ T ,
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Ordinance (emergency) imposing a moratorium on acceptance of WES applications
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date: 4/26/2011
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.)
This ordinance will impose an EMERGENCY moratorium on the acceptance of new applications for wind energy systems (WES) greater than 500
Kilowatts, or mulitiple WES per parcel with a cumulative rated output above 100 Kilowatts.
COMMITTEE ACTION:: COUNCIL ACTION::
4 / 12 / 11 : Council Adopted 6 - 1
Mann Opposed
Ord . 2011 -010
4 / 26 / 11 : Hearing
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2011 -010
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.
500K Wind Energy Systems-Emergency
SPONSORED BY : Consent
PROPOSED BY: Consent
INTRODUCTION DATE : April 12, 2011
ORDINANCE NO . 2011 - 010
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 the Whatcom County Council adopted interim regulations to
prevent new WES applications from vesting while it drafted code language to specifically
address the impacts of constructing a WES in allowed zoning where the specific property
abuts properties of more dense residential zoning ; and
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 has reviewed both proposals and is working to
finalize its recommendations to Council ; and
WHEREAS, the Planning Commission requires additional time to complete its work ;
and
WHEREAS, the current interim ordinance , adopted October 12, 2010 , will expire on
April 21 , 2011 ; and
WHEREAS, it is necessary to have this ordinance take effect immediately in order to
prevent applications from vesting between April 21 , 2011 , and the effective date of the
interim ordinance being proposed for introduction this evening ; 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
beforehand .
`�\ b YE,LCtQi s� ?'4th day of April , 2011 .
Co . WHATCOM COUNTY COUNCIL
.a: 'O N $ t WHATCOM COUNTY W ' SHINGTON
' M a-
Da Br9 % , - iavis`
arj , Ctufity clerk S m Crawford , Cou - cil Chair
• "/ / N G.\ • •
APP VED•. A6 •TTOF ( roved ( ) Denied
Civil Deputy Prosecutor Pe - Kremen , County Executive
Date :
11--/ f--/ /