HomeMy WebLinkAboutord2002-026WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2002 - 191 A
CIFARANCES Date Date Received in Council Office Agenda Date Assigned To
Ong. Dept County Council
423/2002
412312002
Council
Division Head
Dept Head'.
Prosecutor:
Budget:
Executive:
SUBJECT:
Emergency Ordinance Imposing Moratorium on Composting & Mulching Facilities.
ATTACHMENTS
SUMMARYSTATEMENT:
Related County Contract q'.
Should the Clerk schedule ahearing? (YR)
Requested Date:
An emergency ordinance imposing a moratorium on the acceptance of conditional use permit applications for composting and
mulching facilities; and declaring an emergency.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2002 - 191 A 4/2312002: Adopted 7 0 Ord. #2002 -026
Related File Numbers: Ordinance or Resolution Number (this item only):
ODD #2002.02%
Sponsored by: Consent
Proposed by: Caskey Schreiber Brenner
Introduction date: April 23, 2002
ORDINANCE NO. 2002 -026
AN EMERGENCY ORDINANCE IMPOSING A MORATORIUM ON THE ACCEPTANCE OF
CONDITIONAL USE PERMIT APPLICATIONS FOR COMPOSTING AND MULCHING FACILITIES;
AND DECLARING AN EMERGENCY
WHEREAS, the health and welfare of many citizens of Whatcom County and the
environment within the county have been negatively impacted by nuisance level odors
emanating from composting and mulching facilities presently located within the county; and
WHEREAS, the existing conditional use criteria of Whatcom County Code, Title 20,
appears inadequate to respond to nuisances and nuisance level odor impacts; and
WHEREAS, scientific improvements in the control of odors from composting and
mulching facilities has occurred; and
WHEREAS, certain scientific improvements, such as "Bio- Filters," have proven to be
successful in eliminating nuisance level odors which emanate from composting facilities; and
WHEREAS, certain setback requirements have likewise proven successful in
mitigating the impacts of otherwise nuisance level odors from composting facilities; and
WHEREAS, Whatcom County Planning and Development staff report that several
inquiries have been received by them that large scale commercial composting facilities may
be seeking siting within the County where none currently exist; and
WHEREAS, the Whatcom County Zoning Ordinance currently does not adequately
address nuisance odors which have been found to emanate from composting facilities, nor
incorporate control technologies such as "Bio- Filters" as means to control such odors; and
WHEREAS, the County Council desires to protect and enhance the general welfare
and health of the public by specifically addressing potential nuisances within its conditional
use criteria, to include but not limited to nuisance level odors from composting facilities;
and
WHEREAS, section 2.40 of the Whatcom County Charter limits an emergency
ordinance to a period not to exceed 60 days from the effective date of the adopted
ordinance; and
WHEREAS, RCW 36.70.795 permits adoption of a moratorium as long as a public
hearing is held within 60 days of adoption; and
WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify
Council action, the Council makes the following findings of fact:
1. The amendment of Title 20 WCC is necessary to avoid future harm to the health and
welfare of the public from nuisances that may arise from conditional land uses, such as
composting and mulching facilities.
2. Without the imposition of a moratorium conditional use applications could be
submitted under current regulations which do not offer adequate protection against
nuisances from some conditional uses, such as but not limited to composting facilities,
thereby causing irreparable harm to the health and welfare of the public.
3. Due to the 60 day notification requirement to the State Community, Trade and
Economic Development Department and other time frames, the soonest this ordinance could
become effective without emergency ordinance status is mid June of 2002.
WHEREAS, based on the above, the County Council finds that the moratorium
imposed by this ordinance is necessary for the immediate preservation of the public peace,
health, or safety.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. A. A moratorium is imposed on filing and processing of applications of
conditional use permits, under chapter 20.84 WCC, for any composting and /or mulching
facility unless the applications were deemed complete, as provided in Whatcom County
Code, prior to the effective date of this ordinance.
BE IT FINALLY ORDAINED that the Whatcom County Council finds as a fact and declares
that this ordinance is necessary for the protection of the public health, public safety, public
property, or the public peace and shall take effect immediately and shall expire on the 61st
day following the date on which this ordinance becomes law.
ADOPTED this )3461 day of ML 2002.
WHATCOM COUNTY COUNCIL
WHAT TY
i
Dana Brown- Davis, Clerk of the CoG`n _!W1RdNe1koK, CoujIgil Chair
PPROVED AS TO FORM: (.)�oved () enied
evil puty Prosecutor Pete Krum n, County Executive