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Home My WebLink Aboutord2010-043 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 116 E CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/16/2010 9/28/2010 Introduction Division Head: _ 10 / 12 / 2010 Hearing Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Interim Ordinance-moratorium on new applications for 500K+ wind energy systems ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 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.) Imposing an Interim Ordinance 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. COMMITTEE ACTION: COUNCIL ACTION: 9 / 28 / 2010 : Introduced 10 / 12 / 2010 : Council Adopted 6 - 1 , Mann opposed Ord . 2010-043 h Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2010-043 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 (second interim) SPONSORED BY : Consent PROPOSED BY: Brenner INTRODUCTION DATE : September 28, 2010 ORDINANCE NO, 2010-043 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 a more dense residential zoning ; and WHEREAS, on February 23 , 2010 , the Whatcom County Council adopted Ordinance 2010 - 015 as an emergency ordinance imposing a 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, and declaring an emergency ; and WHEREAS, on April 13 , 2010 , the Whatcom County Council adopted Ordinance 2010 - 018 as an interim measure imposing a 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 for a six - month period ; and WHEREAS, Ordinance 2010 - 018 will expire on October 30 , 2010 ; and WHEREAS, additional time is necessary to allow for full review of this issue by the council , county staff, and the Planning Commission ; 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 October 12 , 2010 ; 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 4 . The Whatcom County Council desires the opportunity to further review this issue in order to study the possible impacts a proposed system may have on abutting properties ; and 5 . The siting of wind energy systems in heavy impact industrial and commercial forestry zones may create noise impacts already associated with noise levels in those zones . 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 of fact are made prior to each renewal . ADOPTED this 12th day of October 2010 . ``%111111111 /11111, AT �.``�` �� Y CO ' •�� WHAT OM COUNTY, W COUNCIL ILGTON Dana arowi»D �cisCou 1t�sGerk Sa Crawford , Council 1 hair • A _ A '. • R • .pip O As-To • I C. ( ppr . - � O De led• Iik ' �S' IN G St Civil D€ ity Fh-ogrecut3rt" Peter men , County Executive 111111111t11111�� 10-41-10 Date :