HomeMy WebLinkAboutord2011-011 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 145 A
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 4/12/2011 4/12/2011 Introduction
Division Head: 4/26/ 2011 Hearing
Dept. Head: LL,) 1/14Q41
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Ordinance (interim) 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 INTERIM 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 : Introduced 7 - 0
4 / 26 / 11 : Adopted 6 - 1 , Mann Opposed
Ordinance 2011 -011
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number:
Ord . 2011 -011
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-Interim
SPONSORED BY : Consent
PROPOSED BY: Consent
INTRODUCTION DATE : April 12, 2011
ORDINANCE NO . 2011 -011
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 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, on April 13 and October 12 , 2010 , 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 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 Whatcom County SEPA Official has determined that this proposal is
exempt from SEPA ; and
WHEREAS, a public hearing on this issue will be scheduled for April 26 , 2011 ; 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
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 in the Rural Forestry or Agricultural zones, unless the
applications were complete, as provided by Whatcom County Code, prior to the effective
date of this ordinance .
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 for one or more six- month periods if subsequent public hearings are held and
findings o``actiar�e��made prior to each renewal .
.�„:014:1\v` �le V C O '''''ff
`.` 0n � piS 't day of April , 2011 .
G : OF en CO .• O :•
LINTY .5. . WHATCOM COUNTY COUNCIL
` : * . • r = WH 1 COM COUNTY, AS INGTON
Okti _fies_c_____Sto_____ . , Any tfr1/4_, et,,,,d
______
Dar,. Brow 0 • .Gbunt$CClerk S . Crawford , Counc Chair
C.i y. • • . • • • ```'
APP , t(ifyD AS TO . : • M : ( AID . - • : d ( Denied
1111111
•r
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ivil Deputy • rosecutor Pete Kremen , County Executive
Date : VIZ f -1/