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Home My WebLink Aboutord2005-003WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -082A CLEARANCES latest late Date Received in Council D¢e Agenda Date Assinedue Originator. .Hart W. Aamot Division Head Sylvia Goodwin 8 -30 -04 — nl Rr L UY 9 -14 -04 Introduction Natural Resources Council X9/28/04 Dept. Head: Hal Had _O Prosecutor. Karen Father l ij t f :rtr. "n'li (:: ki U u i ll r5 :. Porches ngAludgen Executive: Peteerenot SUBJECT- Ordinance adopting amendments to the 1Yfiatcom County Comprehensive Plan and Zoning maps to create a Mineral Resource Lands Designation near the corner of North Star and Brown Roads (James Carr application). ATTACHMENTS: (1) Proposed ordinance (1) Planning Commission Findings of Fact & Reasons for Action, Conclusions and Recommendations (3) Planning Commission minutes Note: Background materials are available for review at the County Council o ice. SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x') NO SEPA review completed? ( x ) Yes ( J NO Requested Date: t A hearing must be held fore Council changes the Planning Cwmntssion recommendation lWCC 20.'a 110. SUMMARY STATEMENT: James Carr submitted an application to Distribution Request amend the Comprehensive Plan map from Rural to Mineral Resource Lands (MRL) and amend the zoning map to create an MRL overlay zone for Iniimrethose who ahonld receneocopr after Conned aeran Lot speche name, to me open. approximately 37 acres (the underlying zoning is Rural one dwelling/five acres). The subject site is located near the intersection of North Star and ADS Farthest Management ADS£manoe Brown Roads, approximately 2 % miles northwest of the Ferndale city ADS Haman Resources limits, within section 10, T39N, R1E, W.M. ADS Info Services Assessor Keith Willnauer Note: The subject proposal is one ofa number of comprehensive plan amendments initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final _ Asu hor Cooperative awasmn District Court Executive Health Council action on these amendments should occur on or about November Hearing examine. 30. Jail COUNCIL ACTION TAKEN: Juvenile Parks 9/14/2004: Introduced. Planning LI °lllart Prosecutor 9/28/2004: Forwarded to concurrency meeting. Public Works 1/25/2005: Adopted 5 -2r Roy, Caskey- Schreiber opposed sherJl Ord. #2005 -003 Superior Court Treasurer Related County Contract #: Other Ordinance or Resolution Number Related File Numbers: AB2004 -082 (this item): Ord, #2005 -003 12 Planning DiviaonTomp Plan AmendmentsAComp Plan 2004',CMP2004 -00025 (MRL North Smr -Brown Rd)- AB.doc 8-30-04 SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: X4/2004 ORDINANCE # 2005 -003 ADOPTING A MINERAL RESOURCE LANDS COMPREHENSIVE PLAN AND ZONING DESIGNATION NEAR THE CORNER OF NORTH STAR AND BROWN ROADS WHEREAS, an application has been submitted by James Carr to amend the Comprehensive Plan map from Rural to Mineral Resource Lands (MRL) and amend the zoning map to create an MRL overlay zone for approximately 37 acres (the underlying zoning is Rural one dwelling/five acres); and WHEREAS, the subject site is located near the intersection of North Star and Brown Roads, approximately 2 '/a miles northwest of the Femdale city limits, within section 10, T39N, R1E, W.M.; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendment was published in the Bellingham Herald, mailed and posted; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, the County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the Planning Commission hearing was mailed to surrounding property owners within 1,000' of the proposed MRL on May 24, 2004. 2. Notice of the Planning Commission hearing was posted at the subject site on May 27, 2004. 3. Notice of the Planning Commission hearing was published in the Bellingham Herald on May 29, 2004. 4. A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on May 10, 2004. P. I 5. The Planning Commission held a public hearing relating to the subject amendment on June 10, 2004. 6. An existing surface mine is located on the subject site. A state Department of Natural Resources (DNR) Reclamation Permit was originally issued for this 16 -acre site on November 1, 1971. 7. The Whatcom County Comprehensive Plan contains nine criteria for designating Mineral Resource Lands. S. Mineral resource designation criterion # 1 states, "Non- metallic deposits must contain at least one million cubic yards of extractable sand, gravel, or rock material per MRL Designation." The applicant has submitted documentation demonstrating that there are over three million cubic yards of sand and gravel in the proposed MRL. 9. Mineral resource designation criterion # 2 states, "Minimum MRL Designation size is twenty acres." The applicant's proposed MRL designation is approximately 37 acres. 10. Mineral resource designation criterion # 3 states, "MRL Designation status does not apply to surface mines permitted as an accessory or conditional use for the purpose of enhancing agriculture or facilitating forestry resource operations." The subject site does not contain a surface mine permitted for agricultural or forestry operations. Therefore, this criterion does not apply. 11. Mineral resource designation criterion # 4 states, "All pre - existing legal permitted sites meeting the above criteria (criteria 1 -3) will be designated." Although there is an existing surface mine on a portion of the site, the DNR reclamation permit covers only 16 acres of the subject 37 -acre site. The adjacent 20 acres to the west that the applicant is seeking to designate as an MRL has not been mined in the past. Therefore, the subject site would not qualify under this criterion and must meet criteria 5 -9. 12. Mineral resource designation criterion # 5 states, "Greater than 75% of the site must be classified as MRA -2 (see Comprehensive Plan Map 21) and have proven resource, or meet the following criteria: • Construction material must meet WSDOT Standard Specifications for road, bridge and municipal construction, or Whatcom County standards for other uses. • Sand and gravel deposits must have a net to gross ratio greater than 80% (1290 cy /acre /foot) " According to GIS analysis, approximately 83 % of the site is within an "MRA -2" area of mixed sand and gravel. The Whatcom County Natural Resources Report — Mineral Resources Background Document (1994) indicates that the MRA -2 classification denotes mineral resource areas where significant mineral deposits are present or there is a high likelihood of their presence (p. 10). P. 2 The applicant submitted a "Geotechnical Exploration in Support of Mineral Resource Land Application North Star Sand and Gravel Pit North Star and Brown Roads Femdale Washington" by GeoTest Services, Inc. dated May 28, 2004. In an e-mail memo of June 1, 2004, the County's geologist stated: I have reviewed the report by GeoTest dated May 28, 2004, attempting to prove the quantity and quality of the sand and gravel resource for the subject MRL Comp Plan amendment application as required in the Section 8 of the Whatcom County Comprehensive Plan . In my opinion, the Applicant, through their consultant, GeoTest, has successfully accomplished that goal. It is important to note that the consultant identifies the subject deposit as part of the Deming Sand formation, per Easterbrook. Not surprising, approximately 2/3 or 66% of the deposit is comprised of sand. Sand is common throughout Whatcom County, predominately west of Lynden, and remains an abundant by- product of aggregate processing in most of the established gravel pits and MRLs. 13. Mineral resource designation criterion # 6 states, "MRL Designations must not be within or adjacent to developed residential zones or subdivisions platted at urban densities." The subject site is zoned Rural one dwelling/five acres (R5A). Adjacent properties are also zoned R5A. There are no adjacent properties zoned residential. Additionally, although there are several small lots immediately to the north, there are no urban density subdivisions adjacent to the site. 14. Mineral resource designation criterion # 7 states: MRL Designations must not occur within the 5 year zone of contribution for designated wellhead protection areas, as approved by Whatcom County, provided that designations within the 10 year zone of contribution shall not subsequently allow mining within 10 vertical feet of the seasonal high water table. MRL designations may be modified if a wellhead protection area delineated subsequent to MRL designation encompasses areas within a designated MRL. According to GIS mapping, the Lake Terrell Water Association well is located to the southeast of the proposed MRL. However, the proposed MRL is not within a designated wellhead protection area of this or any other public water system's wellhead protection area. 15. Mineral resource designation criterion # 8 states, "MRL Designation should not enclose by more than 50% non - designated parcels." The proposed MRL designation does not enclose more than 50% of the boundary of any parcel. 16. Mineral resource designation criterion # 9 states, "Abutting parcel size density must not exceed one unit per nominal five acres for more than 25% of the perimeter of the site." There are four small parcels, each one acre or less in size, immediately north of the existing mine. These parcels abut approximately 16% of the perimeter of the site. There are six other parcels abutting the site or immediately across the road from the site that, P. 3 according to the Assessor's map, range in size from 4.72 to 4.92 acres. A surveyor from the Whatcom County Public Works Department rendered an opinion relating to whether these parcels constitute "nominal five acre" parcels in a memo of April 27, 2004: My opinion of Nominal fives is based in the concept of gross density. Regardless of minor discrepancies in actual acreage of various sections the gross density of a section of five acre zoning is 128 lots per section. The abutting short platted and exempt parcels are the result of a nominal 20 -acre parcel divided into 4 pieces. Based on this concept I would declare all of the subject parcels to meet the definition of Nominal fives... 17. In addition to the nine criteria for designating MRLs, the Whatcom County Comprehensive Plan contains goals and policies that are applicable to the proposal. 18. Whatcom County Comprehensive Plan Policy SP -1 to "Designate a 50 year supply of commercially significant construction aggregate supply." 19. The state DNR completed a study entitled Reconnaissance Investigation of Sand, Gravel, and Quarried Bedrock Resources in the Bellingham 1:100,000 Quadrangle, Washington (Tan. 2001). This study indicates that the working lifetime of most of the significant pits in the County is 10 to 20 years (p. 5). 20, Whatcom County Comprehensive Plan Policy 8K -1 is to "Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, or natural resources." 21. GIS analysis indicates that there are 23 parcels within a' /4 mile radius of the subject site and that the average size of these parcels is 7.0 acres. 22. WCC 20.73.130(3) requires buffering to address noise and dust through the administrative approval process for mining in MRLs. 23. In compliance with the provisions of The State of Washington Water Pollution Control Law (RCW 90.48) and provisions of The Federal Water Pollution Control Act (Clean Water Act), the State Department of Ecology approves mining operations under "The Sand and Gravel General Permit" CONCLUSIONS I . The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan. 2. The subject amendments comply with the approval criteria for comprehensive plan amendments of WCC 20.10.080. P. 4 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 1. The Whatcom County Comprehensive Plan map is hereby amended from Rural to designated Mineral Resource Lands (MRL) for the subject site depicted on Exhibit A. Section 2. The Official Whatcom County Zoning map is hereby amended to create a Mineral Resource Lands (MRL) Overlay Zone for the subject site depicted on Exhibit A. Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 25 day of January , 2005 ATTEST: APPR ED as to form: Civil Deputy Prosecutor P. 5 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ( proved O Denied Pete I emen, Executive Date: z d 6 -OS Laurie Caskey- Schreiber, Council Chair ( proved O Denied Pete I emen, Executive Date: z d 6 -OS VI Exhibit A UP ®M es 00.0`A.t 0.2 0.3 04