HomeMy WebLinkAboutord2002-033raicrewrnAernnuTVMTIN CIf..AGRNDA BILL NO. 2002 -191 B
CLEARANCES Date Daze Received in Council Office Agenda Date Assigned To
Ong. Dept.: County Council
5O/2002
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Invoduction
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Division Head.
Dept, Head.
Prosecutor:
Budget:
Executive:
SUBJECT.
Ord. Amending Title 20 criteria on interim basis siting commercial composting.
ATTACHMENTS
SUMMARYSTATEMENT:
Related County Convect k: Should the Clerk schedule a hearing. (Y/1� Requested Da[e.
Ordinance temporarily amending Whatcom County Code, Title 20, establishing additional criteria on an interim basis for the
siting of commercial composting as a conditional use within the agricultural zoning district.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2002 -1918 5912002: Introduced _
5121/2002: Held in Planning and Development committee to
614
61412002: Amended and adopted 6 -1, Crawford opposed, OM
#2002 -033
Related File Numbers: Ordinance or Resolution Number (this item only):
AB2002 -191 ORV #b 1002 0053
Sponsored by: Consent
Proposedby: Caskev - Schreiber
Introduction date: May 7 2002
ORDINANCE NO. no ? —o n
TEMPORARILY AMENDING TITLE 20 WCC BY ESTABLISHING ADDITIONAL
CRITERIA ON AN INTERIM BASIS FOR THE SITING OF COMMERCIAL COMPOSTING
AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONING DISTRICT
WHEREAS, the general health and welfare of many citizens of Whatcom County have
been negatively impacted by nuisance level odors from certain land uses, to include commercial
scale composting; and
WHEREAS, the existing conditional use criteria of Title 20 WCC appears inadequate to
respond to certain nuisances and nuisance level odor impacts; and
WHEREAS, scientific improvements in the control of nuisances such as odors from
industrial and commercial sites has occurred; and
WHEREAS, certain scientific improvements, such as'Bio- Filters;' have proven to be
successful in eliminating nuisance level odors which emanate from large scale commercial
composting facilities; and
WHEREAS, certain setback requirements have likewise proven successful in mitigating
the impacts of otherwise nuisance level odors from commercial scale 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; and
WHEREAS, the Whatcom County Zoning Ordinance currently does not adequately
address nuisance odors which have been found to emanate from commercial scale composting, nor
incorporate control technologies such as'Bio- Filters;" 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, on April 23, 2002, the County Council adopted an emergency ordinance
imposing a moratorium on the acceptance of conditional use permit applications for composting
and mulching facilities and declaring an emergency, and said moratorium will expire on June 23,
2002,and
WHEREAS, absent the adoption of any interim official controls the purpose of the
emergency moratorium will be thwarted, and
WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits adoption of interim official
controls as long as a public hearing is held within 60 of adoption, and
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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. This temporary amendment of Title 20 WCC is necessary to avoid future
harm to the health and welfare of the public from nuisances and health
impacts that may arise from the currently regulated conditional land use of
commercial composting.
2. Without the imposition of additional interim official controls nuisances and
health impacts from composting facilities may cause 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 July of 2002.
4. The Whatcom County Council desires the opportunity to review existing
code and regulation to permanently address these health and safety
concerns.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom
County Code, Title 20, is hereby amended as indicated in Exhibit A to this ordinance.
BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW
36.70.795, 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.
APPROVED this 4th day of June, 2002.
Z L:� �i���
Dana D: Council
APPROVED AS TO FORM:
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Civil DeputRrbsecutor
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WHATCOM COUNTY COUNCIL
WHrJ!fC O 'WASHINGTON
L. Ward Nelso , Cou cil Chair
( p r ved O Denied
Pete Krerrgen, County Executive
Date: 6 —6 —Q,Z
EXHIBIT A
Section 1. A new section be added to chapter 20.40 WCC as follows:
20 40 164 Commercial Composting, to include but not limited to composting
for mushrooms, provided the same shall in addition to the conditional use criteria
of WCC 20.84.220, also satisfy the following criteria:
(1) The activity will take place solely in areas zoned Agriculture,
exclusive of the Agriculture Protection Overlay zone of chapter 20.38
WCC.
2 At a minimum mushroom composting facilities will adhere to 1500
foot setbacks surrounding their operation unless a Bio- Filter or
equivalent technology is utilized for eliminating nuisance level odor
emissions from the facility in which case setbacks may be reduced to
not less than 500 feet.
(3) The activity does not constitute a nuisance.
Section 2. WCC 20.40.159 is hereby amended as follows:
Transitory solid waste facilities for treatment, storage, or collection,
including, but not limited to: recycle centers and drop boxes for household
materials excluding large items such as automobiles or major appliances;
noncommercial e�eial composting and mulching facilities; and
including but not limited to the type of facilities operated by neighborhood
or public service organizations.
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.
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