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HomeMy WebLinkAboutord2005-019WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 - 395 A CLEARANCES initial Date Date Received in Council O ce Agenda Date Assigned to: Originator Goodwin 11/242004 11/2312004 introduction Division Head- 12/7/2004 Public Hearing Dept Head - Prosecutor Purchasut /Bud ei: Executive TITLE OF DOCUMENT: Ord. Amending Comp Plan Chapter 2 - Cherry Point UGA ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing P ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 12n /zooa 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.) AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 2 -LAND USE TO UPDATE SECTIONS RELATING TO THE CHERRY POINT URBAN GROWTH AREA IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT 7 -YEAR REVIEW REQUIREMENT PER RCW 36.10A.130 COMMITTEEACTION: COUNCIL ACTION: 11/2312004: Introduced 12/7/2004: Forwarded to concurrency 1/25/2005: Adopted 7 -0, Ord. #2005 -019 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord #2005 -019 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. SPONSORED BY: Pps_ PROPOSED BY: PDS INTRODUCTION DATE.11 23/04 ORDINANCE NO. o AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 2 — LAND USE, TO UPDATE SECTIONS RELATING TO THE CHERRY POINT URBAN GROWTH AREA IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT 7 -YEAR REVIEW REQUIREMENT PER RCW 36.70A.130 WHEREAS, the Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, it is also appropriate to review the comprehensive plan in light of new information and changed County priorities; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on August 28, 2004; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on Thursday, September 9, 2004; and WHEREAS, the Planning Commission has evaluated the proposed amendments and considered all testimony. WHEREAS, the County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations; and WHEREAS, the Whatcom County Council finds the amendments to be within the interest of the public health, safety and welfare; and WHEREAS, the County Council has adopted the following Findings and Conclusions: FINDINGS AND CONCLUSIONS 1. Notice of the Planning Commission public hearing for the subject amendments was published in the Bellingham Herald on August 28, 2004. 2. The Whatcom County Planning Commission held a public hearing on September 9, 2004. 3. A determination under the State Environmental Policy Act(SEPA) was issued on September 30, 2004. 4. Pursuant to RCW 36.70A.110, counties are required to designate urban growth areas within which urban growth will be encouraged and outside of which growth can only occur if it is not urban in nature. Page 1 5. Pursuant to RCW 36.70A. 040, Whatcom County adopted the Whatcom County Comprehensive Plan on May 20, 1997, designating the Cherry Point Industrial Area as a Major Industrial Urban Growth Area. 6. State law requires that Whatcom County review its Comprehensive Plan by December 1, 2004 to ensure continued compliance with the Growth Management Act (RCW 36.70A.130). 7. A Whatcom County Industrial Lands Study was completed by the Port of Bellingham in August, 2003, concluding that there is a shortage of serviced industrial land in Whatcom County with parcel size of 20 acres or more. 8. Changed conditions and additional studies include updated information on industrial economic development planning, land supply, utility service provision, the designation of the Cherry Point Aquatic Reserve, and changes in the names of the three major industries. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Comprehensive Plan be amended as shown in Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the Comprehensive Plan shall not affect or impairthe validity ofthe plan as a whole or any partthereof other than the part so declared to be invalid. day of January , 2005 OJ00 ,NC Hour ro 00 y �� Dana $rowH• fiWi G' Clerk A lMe Cdencil••• Pte` APPROVED NYttl#tltlH���` Karen Frakes, O 1Deputy Proms or WHATCOM COUNTY COUNCIL WH TCOM COUNTY, WASHINGTON Laurie Cas - Schreiber, Council Chair pproved () Denied Pete ♦ rremen, Executive Date: Page 2 EXHIBIT A WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 —Land Use (from pages 2 -55 to 2 -59 of the Whatcom County Comprehensive Plan) Major Industrial Urban Growth Area I Port Industrial Cherry Point The prepesed Cherry Point Urban Growth Area (UGA) contains approximately - 6,50 &7 000 acres of industrial land. The land has long been planned and designated by Whatcom County for industrial development and is currently the site of three major industrial facilities including two oil refineries and an aluminum smelter. Together, the existing industrial developments occupy about 2;509 4 100 acres of the total Cherry Point industrial lands. In addition to existing industry, the planning and permitting for a new 1100 acre bulk commodities shipping Port new in the Cherry Point UGA is nearly complete. T-14968 PF9pesed facilities ncl-ide a 409 AAFe��d - RtF a! PaFk and a 1,100 acre h -lk . The five four major industrial areas (three existing and two one proposed) together would consume about 4-0GG 5 200 acres of the heavy industrial land in the Cherry Point UGA or about 62 74 percent of the heavy industrial area. Land consumption at Cherry Point has been about -a 1 000 acres per facility on the average, which includes sufficient land to avoid wetlands and provide buffer areas. Based on this consumption figure, there is only sufficient remaining land in the Cherry Point industrial area to support an two additional three - induskiee industrial complexes of the character of those presently located there. Because of the special characteristics of Cherry Point, this area has regional significance for the siting of large industrial or related facilities. Because of the large acreage demands of the types of industries likely to locate there, the remaining undeveloped acreage at Cherry Point will likely be absorbed during the 20 year planning period. The Cherry Point shoreline also has great importance to the fisheries and ecology of Northern Puget Sound because it provides essential spawning habitat for the largest herring stock in Washington State. This herring stock has supported important commercial fisheries and provides forage for salmonids and other important marine species. In September 2003. the DNR accepted the The County and industrial users have long recognized that the Cherry Point area exhibits a unique set of characteristics that makes land there not only locally but regionally important for the siting of major industrial developments especially where deep water access for shipping is a critical locational factor. These characteristics were articulated in the Overall Economic Development Plan (OEDP) for Whatcom County adopted by the Whatcom County Council of Governments in May, 1993, and -in the 1997 Property Counselors Report on supply and demand for industrial land in Whatcom County and at Cherry Point the 2002 Greater Whatcom Comprehensive Economic Page 3 The characteristics that make Cherry Point unique as a site for major industrial development include the following: Port Access - The marine waters off Cherry Point provide deep water access for shipping. Deep water access for shipping was a major siting consideration forthe three major industries currently located at Cherry Point and for the two industrial /shipping facilities currently being proposed. Rail Access - Cherry Point is served by a branch line of the Burlington Northern mainline serving western Washington from Blaine to Portland. Rail service is considered to be vital to statewide as well as local interests for the competitive movement of freight. Rail service is particularly important in relation to water borne commerce. The Cherry Point area has the rail access to support marine terminals and industrial users in the area. The ARGO BP refinery at Cherry Point uses the railroad to ship calcined coke to U.S. markets and to other port facilities for transshipment to foreign markets. Proximity to Canada, Alaska and Foreign Ports - Cherry Point occupies a unique location for the siting of industry because of its close proximity to Canada and because of its shorter travel distance than other regional port facilities for shipping to Alaska and to other Pacific Rim locations. The Cherry Point industrial area benefits from proximity to Canada, as trade between the U.S. and Canada grows in response to the lifting of trade barriers under the Free Trade Agreement of 1989. Canadian exports to the U.S. are expected to increase and Canadian firms exporting to the U.S. are expected to seek locations in the U.S. as a way of improving access to U.S. markets. The City of Sumas is already experiencing an influx of Canadian industries seeking to improve access to U.S. markets. Additionally, just as other port facilities in Washington are constrained by lack of extensive upland areas to support major industrial development, Canadian port facilities are likewise constrained. There are limited expansion sites available at Roberts Banks and in the Vancouver Harbor, and development sites further up the Fraser River are constrained by limitations on vessel draft. Marine terminals at Cherry Point could serve a portion of the potential growth in Canadian marine cargo. Presence of Necessary Utilities and Infrastructure Cherry Point has been a major industrial area in Whatcom County since the 1960's. The ARCO BP oil refinery, Tosse ConocoPhillips Oil Refinery and the kualce Alcoa Intalco Works Aluminum Plant have all been operating at Cherry Point for more than twenty thirty years. The infrastructure to support these industries and future industrial users at Cherry Point is in place and includes the following: Electric Power: Electric Power is available from three providers in the Cherry Point area: Puget Sound Energy, Public Utility District #1, and Bonneville Power Administration. One of these providers, Puget Sound Energy, has a segeneratien combustion turbine generating facility located in the Cherry Point industrial area. An additional cogeneration facility is or000sed at the BP Refinery. The high cost of electrical power has been a problem for Cherry Point industrial users over the oast few years The Proposed cogeneration facility could help stabilize the supply of electricity. Th _ - ..__..an assures that POWeF Fates will GeMpetit Ye. Water: Whatcom County Public Utility District #1 currently provides process water to all major industrial facilities at Cherry Point and has contracts in place to provide process water to two major undeveloped parcels and provides potable water to the -ARCO BP refinery and Praxair. The other industries operate their own water treatment facilities and treat process water to provide potable water for their facilities. Page 4 Sewer: Sewer service is not typically required for large industrial developments. Most of the existing industrial users provide their own on -site sewage treatment and waste water treatment. Sewer Service for domestic wastewater is Provided to the BP Refinery by the Birch Bay Water and Sewer District. If and when sewer service should become necessary for other industries, the PI In In hRn '--^ stated the service could be provided on a contractual basis with the Birch Bay SeweFand Water and Sewer District, which borders the Cherry Point industrial area on the north. Natural Gas- gas is currently available at Cherry Point. All- weather Roads: Grandview Road, the major east -west connector between Cherry Point and Interstate -5 provides all- weather road access to Cherry Point. The industries currently located at Cherry Point are a substantial part of the economic base of Whatcom County and the region and the economic welfare of the county is strongly tied to the health of these industries and their ability to flourish and expand as opportunities present themselves. These industries need to be protected from the inappropriate encroachment of incompatible uses, particularly residential uses that could affect their ability to expand. They also need to be aFetested from a regulateFy eRV*FGnment that would 11k9W 69 UnFBMORably I Fn t thei . The best means for protecting these industries from incompatible adjoining uses and to assure their continued regulatory conformity is to maintain the industrial land use designation of these lands and adjoining properties currently designated for industrial development. The Cherry Point industrial lands have been designated for industrial development for nearly —20 over 25 years and as a direct result of the industrial designation, incompatible and inappropriate residential development has been curtailed. GOAL 2BB: Maintain Cherry Point as an unincorporated urban growth area based on its unique location and characteristics and its significant contribution to the overall industrial land supply and Whatcom County's tax base. Policy 2 BB -1: Designate Cherry Point as a major industrial Urban Growth Area to accommodate major users that need to be located away from concentrated urban residential areas. Policy 2BB -2: Assure that Cherry Point's unique features of large parcelization, port access, and transportation availability are maintained and protected from incompatible development. Policy: 2BB -3: Require the master planning of each large parcel in advance of any development or subdivision at Cherry Point. Policy: 2BB -4: Require the designation and site plan fora major user (generally40 acres or more) before the development of accessory or supporting uses to assure that accessory or supporting uses are compatible with and will not interfere with the major industrial user. Policy: 2BB -5: Specify 160 acres as a minimum area for planning, prior to the commitment of a parcel for a major user (40 acres or more, singularly or as a cluster or group). Page 5 Policy: 2BB -6: Permit support activities, warehousing, shipping, machine repairand service, educational services, food service and conveniences, to locate on a parcel only afterthe completion of a master plan, and the identification and site plan approval for the major user. Policy 2BB -7: Work with other agencies and industrial owners at Cherry Point to add additional docks, as necessary, that can also serve upland users, provided that the use is consistent with sound environmental practices. Policy 2BB -8: Resist inclusion of Cherry Point as part of any future incorporation of Birch Bay • to protect interests of the property owner in terms of taxation and urban regulations; • to preclude urbanism near "smokestack" industries; • to preserve county government tax base. Policy 2BB -9: Continue to work with service providers that serve Cherry Point to ensure the delivery of services and to allow it to develop to its fullest potential. Policy 2BB -10: It is the policy of W hatcom County to limit the number of piers at Cherry Point by establishing a development moratorium. Notwithstanding the above, this moratorium shall not affect, no otherwise apply to, any proposed pier that Whatcom County approved under its Shoreline Management Program prior to adoption of the moratorium. GOAL 2CC: Work toward acquisition or protection of an open space or park area in the northwest area of the Cherry Point UGA. Policy 2CC -1 Work with property owners, state and federal agencies and private organizations to identify funding sources, land trades or development right transfer opportunities to meet this goal. Policy 2CC -2 Evaluate industrial land supply and designate alternate industrial land to maintain an adequate supply of industrial land in the Cherry Point area, if necessary. (renumber existing Goal 2CC) Page 6 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION & RECOMMENDATIONS AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 2 — LAND USE, TO UPDATE SECTIONS RELATING TO THE CHERRY POINT URBAN GROWTH AREA IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT 7-YEAR REVIEW REQUIREMENT PER RCW 36.70A.130 WHEREAS, the Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, it is also appropriate to review the comprehensive plan in light of new information and changed County priorities; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on August 28, 2004; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on Thursday, September 9, 2004; and WHEREAS, the Planning Commission has evaluated the proposed amendments and considered all testimony. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION AND RECOMMENDATION: I. FINDINGS OF FACT AND REASONS FOR ACTION 1. Notice of the Planning Commission public hearing for the subject amendments was published in the Bellingham Herald on August 28, 2004. 2. The Whatcom County Planning Commission held a public hearing on September 9, 2004. 3. A determination under the State Environmental Policy Act (SEPA) was issued on September 30, 2004. 4. Pursuant to RCW 36.70A.110, counties are required to designate urban growth areas within which urban growth will be encouraged and outside of which growth can only occur if it is not urban in nature. 5. Pursuant to RCW 36.70A.040, Whatcom County adopted the Whatcom County Comprehensive Plan on May 20, 1997, designating the Cherry Point Industrial Area as a Major Industrial Urban Growth Area. 6. State law requires that Whatcom County review its Comprehensive Plan by December 1 2004 to ensure continued compliance with the Growth Management Ad (RCW 36.70A.130). 7. A Whatcom County Industrial Lands Study was completed by the Port of Bellingham in August, 2003, concluding that there is a shortage of serviced industrial land in Whatcom County with parcel size of 20 acres or more. 6. Changed conditions and additional studies include updated information on industrial economic development planning, land supply, utility service provision, the designation of the Cherry Point Aquatic Reserve, and changes in the names of the three major industries. Based upon the above findings of fact and reasons for action, the Whatcom County Planning Commission recommends approval of the proposed Comprehensive Plan text amendments as attached as Exhibit A. WHATCOM COUNTY PLANNING COMMISSION avid Pros, Chairperson Date Hal H. Hart, Secretary 101071OX Dat Vote taken Seotember 9. 2004 at a reqularly scheduled Planning Commission meetin Commissioners voting: ROBERT WIESEN, RON ROOSMA, JOHN STEENSMA, DAVID HUNTER, KENNETH MANN, JOHN BELISLE, GEOFF MENZIES, AND RABEL BURDGE. Ayes: 7, Nays: 1 (Weisen), Abstain: 0. Motion carried to adopt the above Findings of Fad and Reasons for Action, Conclusions and Recommendations. Attachments: EXHIBIT A: Recommended Whatcom County Comprehensive Plan, Chapter 2 — Land Use, text amendments. EXHIBIT A WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 —Land Use (from pages 2 -55 to 2 -59 of the Whatcom County Comprehensive Plan) Major Industrial Urban Growth Area I Port Industrial Cherry Point The proposed Cherry Point Urban Growth Area (UGA) contains approximately§490 -7000 acres of industrial land. The land has long been planned and designated by Whatcom County for industrial development and is currently the site of three major industrial facilities including two oil refineries and an aluminum smelter. Together, the existing industrial developments occupy about 2;600 4 100 acres of the total Cherry Point industrial lands. In addition to existing industry, the planning and permitting for a new 1.100 acre bulk commodities shipping Port aew in the Cherry Point UGA is nearly complete. These proposed faeflities4RO-de 2 409 29F67nd-16tRal PaFk and a 1,100 asFe bulk GePRFRodities Shipping . The five four major industrial areas (three existing and twe one proposed) together would consume about 400 5 200 acres of the heavy industrial land in the Cherry Point UGA or about 62 74 percent of the heavy industrial area. Land consumption at Cherry Point has been about400 1 000 acres per facility on the average, which includes sufficient land to avoid wetlands and provide buffer areas. Based on this consumption figure, there is only sufficient remaining land in the Cherry Point industrial area to support as two additional three- industres industrial complexes of the character of those presently located there. Because of the special characteristics of Cherry Point, this area has regional significance for the siting of large industrial or related facilities. Because of the large acreage demands of the types of industries likely to locate there, the remaining undeveloped acreage at Cherry Point will likely be absorbed during the 20 year planning period. The Cherry Point shoreline also has great importance to the fisheries and ecology of Northern Puget Sound because it provides essential spawning habitat for the largest herring stock in Washington State. This herring stock has supported important commercial fisheries and provides forage for salmonids and other important marine species. In September 2003. the DNR accepted the recommendation that Cherry Point be further evaluated for Aquatic Reserve The County and industrial users have long recognized that the Cherry Point area exhibits a unique set of characteristics that makes land there not only locally but regionally important for the siting of major industrial developments especially where deep water access for shipping is a critical locational factor. These characteristics were articulated in the Overall Economic Development Plan (OEDP) for Whatcom County adopted by the Whatcom County Council of Governments in May, 1993, and an the 1997 Property Counselors Report on supply and demand for industrial land in Whatcom County and at Cherry Point the 2002 Greater Whatcom The characteristics that make Cherry Point unique as a site for major industrial development include the following: Port Access - The marine waters off Cherry Point provide deep water access for shipping. Deep water access for shipping was a major siting consideration for the three major industries currently located at Cherry Point and for the two industrial /shipping facilities currently being proposed. Rail Access - Cherry Point is served by a branch line of the Burlington Northern mainline serving western Washington from Blaine to Portland. Rail service is considered to be vital to statewide as well as local interests for the competitive movement of freight. Rail service is particularly important in relation to water borne commerce. The Cherry Point area has the rail access to support marine terminals and industrial users in the area. The AR69 SP refinery at Cherry Point uses the railroad to ship calcined coke to U.S. markets and to other port facilities for transshipment to foreign markets. Proximity to Canada, Alaska and Foreign Ports - Cherry Point occupies a unique location for the siting of industry because of its close proximity to Canada and because of its shorter travel distance than other regional port facilities for shipping to Alaska and to other Pacific Rim locations. The Cherry Point industrial area benefits from proximity to Canada, as trade between the U.S. and Canada grows in response to the lifting of trade barriers under the Free Trade Agreement of 1989. Canadian exports to the U.S. are expected to increase and Canadian firms exporting to the U.S. are expected to seek locations in the U.S. as a way of improving access to U.S. markets. The City of Sumas is already experiencing an influx of Canadian industries seeking to improve access to U.S. markets. Additionally, just as other port facilities in Washington are constrained by lack of extensive upland areas to support major industrial development, Canadian port facilities are likewise constrained. There are limited expansion sites available at Roberts Banks and in the Vancouver Harbor, and development sites further up the Fraser River are constrained by limitations on vessel draft. Marine terminals at Cherry Point could serve a portion of the potential growth in Canadian marine cargo. Presence of Necessary Utilities and Infrastructure Cherry Point has been a major industrial area in Whatcom County since the 1960's. The ARCO BP oil refinery, Tea69 ConocoPhillips Oil Refinery and the Intake Alcoa Intalco Works Aluminum Plant have all been operating at Cherry Point for more than twenty thirty years. The infrastructure to support these industries and future industrial users at Cherry Point is in place and includes the following: Electric Power: Electric Power is available from three providers in the Cherry Point area: Puget Sound Energy, Public Utility District #1, and Bonneville Power Administration. One of these providers, Puget Sound Energy, has a segeneratien combustion turbine generating facility located in the Cherry Point industrial area. An additional cogeneration facility is Proposed at the BP Refinery . The high cost of electrical power has been a problem for Cherry Point industrial users over the oast few years. The proposed cogeneration facility could help stabilize the supply of electricity. This situation assures that P9WeF Fat86 Will FeFRaiR Gampet t ve. Water: Whatcom County Public Utility District #1 currently provides process water to all major industrial facilities at Cherry Point and has contracts in place to provide process water to two major undeveloped parcels and provides potable water to the -ARCO BP refinery and Praxair. The other industries operate their own water treatment facilities and treat process water to provide potable water for their facilities. Sewer: Sewer service is not typically required for large industrial developments. Most of the existing industrial users provide their own on -site sewage treatment and waste water treatment. Sewer Service for domestic wastewater is provided to the BP Refinery by the Birch Bay Water and Sewer District. If and when sewer service should become necessary for other industries, the PI-ID hnA stated that service could be provided on a contractual basis with the Birch Bay Seww and Water and Sewer District, which borders the Cherry Point industrial area on the north. Natural Gas: Natural gas is currently available at Cherry Point, All- weather Roads: Grandview Road, the major east -west connector between Cherry Point and Interstate -5 provides all- weather road access to Cherry Point. The industries currently located at Cherry Point are a substantial part of the economic base of Whatcom County and the region and the economic welfare of the county is strongly tied to the health of these industries and their ability to flourish and expand as opportunities present themselves. These industries need to be protected from the inappropriate encroachment of incompatible uses, particularly residential uses that could affect their ability to expand. They also need to be pFeteGted fFepn a regulatory enY FnnFAPRt that Yffibild I kPlAgise UnFeasanably I mi •h ^• ability to flourish and ^x^^^". The best means for protecting these industries from incompatible adjoining uses and to assure their continued regulatory conformity is to maintain the industrial land use designation of these lands and adjoining properties currently designated for industrial development. The Cherry Point industrial lands have been designated for industrial development for Ready 29 over 25 years and as a direct result of the industrial designation, incompatible and inappropriate residential development has been curtailed. GOAL 2BB: Maintain Cherry Point as an unincorporated urban growth area based on its unique location and characteristics and its significant contribution to the overall industrial land supply and Whatcom County's tax base. Policy 2 BB -1: Designate Cherry Point as a major industrial Urban Growth Area to accommodate major users that need to be located away from concentrated urban residential areas. Policy 2BB -2: Assure that Cherry Point's unique features of large parcelization, port access, and transportation availability are maintained and protected from incompatible development. Policy: 2BB -3: Require the master planning of each large parcel in advance of any development or subdivision at Cherry Point. Policy: 2BB -4: Require the designation and site plan for a major user (generally 40 acres or more) before the development of accessory or supporting uses to assure that accessory or supporting uses are compatible with and will not interfere with the major industrial user. Policy: 2BB -5: Specify 160 acres as a minimum area for planning, prior to the commitment of a parcel for a major user (40 acres or more, singularly or as a cluster or group). Policy: 2BB -6: Permit support activities, warehousing, shipping, machine repair and service, educational services, food service and conveniences, to locate on a parcel only after the completion of a master plan, and the identification and site plan approval for the major user. Policy 2BB -7: Work with other agencies and industrial owners at Cherry Point to add additional docks, as necessary, that can also serve upland users, provided that the use is consistent with sound environmental practices. Policy 2BB -8: Resist inclusion of Cherry Point as part of any future incorporation of Birch Bay • to protect interests of the property owner in terms of taxation and urban regulations; • to preclude urbanism near "smokestack" industries; • to preserve county government tax base. Policy 2BB -9: Continue to work with service providers that serve Cherry Point to ensure the delivery of services and to allow it to develop to its fullest potential. Policy 2BB -10: It is the policy of Whatcom County to limit the number of piers at Cherry Point by establishing a development moratorium. Notwithstanding the above, this moratorium shall not affect, no otherwise apply to, any proposed pier that Whatcom County approved under Its Shoreline Management Program prior to adoption of the moratorium.