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HomeMy WebLinkAboutord2002-068tvueTCnerCnrivTYCn177%TCIT .AC7F.N7)A RILL NO, 2002 -191 F CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong. Dept.: County Council 10/22/2002 10/22/2002 Introduction 1 Division Head'. Dept. Head Prosecutor: Budget. Executive. SUBJECT: Ordinance amending WCC 20,40, interim composting regs ATTACHMENTS SUMI4AR Y STATEMENT Related County Contract #'. Should the Clerk schedule a hearing? CY/MY Requested Date: 11/26/2002 This ordinance temporarily amends WCC 20.40 to further protect and enhance the general welfare of the public by specifically addressing potential nuisances within the conditional use criteria, to include but not be limited to nuisance level odors from mushroom composting facilities RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2002 - 191 F 10/2212002: atroduced 11126/2002. Amended and adopted 7-0, Ord. #2002 -068 Related File Numbers: Ordinance or Resolution Number (this item only): AB2002 -191 cR.D * 2002.0109 Sponsored by: Consent Proposed by: Brenner Introduction date: October 22, 2002 ORDINANCE NO. 2002 -068 TEMPORARILY AMENDING WHATCOM COUNTY CODE 20.40, ESTABLISHING ADDITIONAL CRITERIA FOR SITING MUSHROOM COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURAL ZONING DISTRICT WHEREAS, the general health and welfare of many citizens of Whatcom County have been negatively impacted by nuisance level odors mushroom composting; and WHEREAS, the existing conditional use criteria of Title 20 Whatcom County Code (WCC) appears inadequate to respond to nuisance level odor impacts from mushroom composting; and WHEREAS, scientific improvements in the control of odors from mushroom composting sites have occurred; and WHEREAS, certain scientific improvements, such as bio- filters, wet scrubbers, negative pressurized building(s), and aerated floors have been proven to be successful in eliminating nuisance level odors which emanate from mushroom composting facilities; and WHEREAS, increased setback requirements, combined with scientific improvements, have proven successful in further mitigating the impacts of otherwise nuisance level odors from mushroom composting facilities; and WHEREAS, the site requirements and regulations in British Columbia governing mushroom composting have become much more stringent in recent years; and WHEREAS, Whatcom County Planning and Development staff report that inquiries have been received by them, including many from British Columbia, that mushroom composting facilities may be seeking siting within the County; and WHEREAS, the County has received a significant increase in complaints regarding nuisance odors emanating from mushroom composting facilities; and WHEREAS, the current Whatcom County Zoning Ordinance may not adequately address water quality impacts and nuisance odors which have been found to emanate from mushroom composting, nor require control technologies such as bio- filters; and WHEREAS, the County Council desires to further protect and enhance the general health and welfare of the public; and WHEREAS, additional criteria are necessary to more adequately protect water source aquifers and to respond to nuisance level odor impacts; 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 days of adoption; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action; and WHEREAS, the above recitals are findings of fact of the Council; and WHEREAS, the Council hereby enters the following additional findings of fact: 1. This temporary amendment of Title 20 WCC is necessary to avoid imminent harm to the health and welfare of the public from nuisances and health impacts that may arise due to the inadequate provisions of the current zoning regulations as they pertain to mushroom composting operations. 2. Without the imposition of additional interim official controls, nuisances and health impacts from mushroom composting facilities may cause irreparable harm to the welfare of the public. 3. The Whatcom County Council desires the opportunity to review existing code and regulation to permanently address these health and welfare concerns, without allowing for the vesting of new uses under the existing code in the interim. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 20.40 is hereby amended as indicated in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. BE IT FINALLY ORDAINED that this ordinance shall remain in effect for six months following its effective date, and may be renewed for one or more six -month periods if subsequent public hearings are held in accordance with law and findings of fact are made prior to each renewal. APPROVED this 26th day of November, 2002. ATTEST (yam ^T Dana Brown - Davis, Clerk of the Council APPROVED AS TO FORM: bm s� GWAk Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON . Ward N on, ouncil Chair ( Approved ( ) Denied <remen, County Executive Date: 124 -0). EXHIBIT A Section 1. Section 20.40.164 of the Whatcom County Code shall be amended to read as follows: (Strike existing .164 and replace with the following) .164 Commercial composting;' excluding commercial mushroom composting, which satisfy the conditional use criteria of WCC 20.84.220;'pYOVided that, commercial composting shall take place solely in areas zoned Agriculture, exclusive of the Agricultural Protection Overlay zone=of Chapter &.38 WCC. Commercial composting conditionally, permitted in accordance herewith shall not constitute a nuisance. Section 2. A new section shall be added to Chapter 20. 40 WCC to read as follows: 20.40.165 Mushroom composting (commercial and noncommercial). "Mushroom composting" includes the production or preparation of compost utilized in growing mushrooms. In addition to the conditional use criteria of WCC 20.84.220, each of the following criteria shall also,be satisfied by the applicant: (1) The activity shall take place solely in areas zoned for Agriculture, exclusive of the Agriculture Protection Overlay zone of chapter 20.38 WCC. (2) New applications, and any applications for expansion, shall include: a) Plans prepared and certified by a professional engineer whose field of expertise includes this specialty; and b) A facility management plan that includes monitoring, maintenance and reporting measures. Reporting requirements shall require periodic review and evaluation of the facility prepared by a professional engineer In the field and include: i. Submission of the report to Whatcom County Planning & Development Services and Whatcom County Health & Human Services within three months of commencement of operations, within three months after a material system or procedural revision, and annually, due three months after the year end, for the latest calendar year; and ii. A. description ofthe facility and operating procedures; and iii. A statement whether the facility is operating as designed. (3) The facility, an6expansion of existing facilities, must be located, designed, constructed, and operated such that: a) All compost shall'be contained on awimpermeabie surface; and b) Drainage: shall prevdht pooling, and any groundwater or surface water contamination; and c) Organic materials, except straw, shall be kept under covered storage; and (4) (5) d) AIL. mixed organic ingredientsnd straw that has been pre - wettedand n "genated, sha be traff?;ferred to an enclosed building on the sa 'cal ndar day as mixing occurs; and e) All c6mpos,z , after the ganici terial"'re mixed,. shall only take place in an e%9sed building7th the following.or e q u ikua l e nt�te c h n o l ogy : is Ant °erate *floor ii: Xwet scrubber iii: A biofifter, or equival4nt ter4inology iv: Other systeli� components, including but not limited to the fan and monitbfing system, as required by a qualified maintain a %ic c mpost, and �ovidel or the collection and air eions.and leachates. The blbfilter, or and conttime with the contaminants to reduce them that does alter, or impair the usefulness of the f) All mushroorcomposting filitiestand operations shall maintain the follo,ng setbacks: i, 500' from adjoiQ'ng parcels other than those described in ii. 4,00' from a watdrf, ourse.or well; 2640' fromadjoini arce`hvin,E Resideitial, Residential- I d, RuraVRural Forestry, Commercial, Gateway In ufal, Light Impact Industrial, Point Roberts, Special District,', Point Roberts Transitional Zoning There shall be: compliance: with ordinances and laws regulating solid 11-1 waste facile sand sites, including without limitation, WCC Title 24, theV✓hatc .gounty SEPA Ordiriafice, and all applicable state and fe€)eral reg(j "'ions. A permanent securi'i deposit in the`form of cash)�bond, letter of credit, or assignment 'of savings, may be requirddas a condition of the permit in the discretion th ring examiner, for so long as mushroom composting exist site. If following a public hearing the hearing examinerl termines that@tbe facility is operating in violation 11 Of the conditional ermit rec W x,; `nts, and the owner or operator does not cure the v ion within 3d" ,. ` of;receipt of such notice, the security deposit shall 6S vbpplied to remedy,the non - compliance in the most expedient and effective*manner. Section 3. The text of WCC 20.40.159 (as adopted in Ordinance 2002 -033) shall be amended to read 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 composting and mulching facilities, except for all mushr°oonrcomposting fcfdities and including but not limited to the types of facilities operated by neighborhood or public service organizations. Section 4. The text of WCC 20.40.051 shall be amended to read as follows: Section 5. The text of WCC 20.40.108 shall be amended as follows: Composting and mulching facilities other than ee,;;me ek-,: mushroom composting facilities, if the use is ancillary to the primary agriculture use, when in compliance with federal and state water quality standards. Mushroom osting as an accesso se s only "b permitt hen in compliance tai �: al a state water quality standards ands when con - d in compliance c 20.40.165':, WHATCOM COUNTY (16.08) STATE ENVIRONMENTAL POLICY ACT ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project: Ordinance temporarily amending Whatcom County Code Title 20.40, establishing additional criteria for siting mushroom composting as a conditional use within the agricultural zoning district 2. Name of applicant: Dana Brown- Davis. Clerk of the Council Telephone: 50739 3. Address: 311 Grand Avenue. Suite #105 Contact: Dana Brown -Davis or Ward Nelson Telephone: 50739 (Dana) 50738 (Ward) 4. Date checklist prepared: 10/28/2002 5. Agency requesting checklist: Whatcom County Council 6. Proposed timing or schedule (including phasing, if applicable): Ordinance introduction on October 22, 2002. Public hearing and adoption of ordinance on November 26 2002 7. Do you have any plans for future additions, expansion, or further activity related to orconnected with this proposal? If yes, explain. No. 8. List any environmental information (studies, reports, etc.) you know about that has been prepared, or will be prepared, directly related to this proposal. Currently, no. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. N /A. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Include Federal, State, City, County, and local districts or regional offices. Adoption by County Council 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (You may attach a page if this space is not adequate.) This ordinance will amend Whatcom County Code Title 20 by establishing additional conditional use criteria for the siting of mushroom composting as a conditional use within the agriculture zoning district 12. Location of the Proposal: Unincorporated Whatcom County. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 2 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one): Flat, rolling hilly, steep slopes, mountainous, other: Any of the above maybe found. Whatcom County contains wide range of terrain. b. What is the steepest slope on the site (approximate percent slope)? The steepest slopes in Whatcom County exceed 35 %. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Whatcom County contains a wide range of soil types. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N.A. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. None proposed. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N.A. Non-pro act proposal. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N.A. Non-pro iect proposal h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Whatcom County land use and development standards will be maintained 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. None. b. Are there any off -site sources of emissions or odors that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: Whatcom County land use and development standards will be altered 3. WATER a. Surface: i) Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No, non - oroiect proposal.. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No non-pro act proposal. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 3 AGENCY USE ONLY 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N.A. Non- d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Related W hatcom County land use and development regulations will be maintained. °�J111e1:YP: a. Check or circle types of vegetation found on the site: Any of the following may be found. x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grass x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other x water plants: millfoil, other x other types of vegetation b. What kind and amount of vegetation will be removed or altered? None project proposal. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. N.A. Non-project proposal. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of houses to be served (if applicable), or the number of animals or humans the systems) are expected to serve. N.A. Non - oroiect Proposal. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N.A. Non-pro act proposal. 2) Could waste materials enter ground or surface waters? If so, generally describe. No, non-pro act Proposal. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Related W hatcom County land use and development regulations will be maintained. °�J111e1:YP: a. Check or circle types of vegetation found on the site: Any of the following may be found. x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grass x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other x water plants: millfoil, other x other types of vegetation b. What kind and amount of vegetation will be removed or altered? None TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 4 AGENCY USE ONLY C. List threatened or endangered species known to be on or near the site. Unknown. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None proposed. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: No, non - oroiect proposal birds: raptors, ducks, geese, songbirds, other: mammals: deer, beaver, other: fish: salmon, trout, other amphibians b. List any threatened or endangered species known to be on or near the site. No non-pro act proposal. C. Is the site part of a migration route? If so, explain. No, non-pro act proposal d. Proposed measures to preserve or enhance wildlife, if any: The provisions of the Whatcom County Shoreline Management Program and Critical Areas Ordinance will be maintained. 6. ENERGY AND NATURAL RESOURCES a. What kind of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None, non - oroiect proposal b. Would your project affect the potential use of solar energy byadjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Whatcom County land use and development regulations will be maintained 7. ENVIRONMENTAL HEALTH a. Arethere any environmental health hazards, including exposure to toxic chemica- Is, risk of fire and explosion, spill, or hazardous waste, that could occuras a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required? N.A. 2) Proposed measures to reduce or control environmental health hazards, if any: None Proposed, non - pro iect proposal b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? No, non-pro act proposal 2) What types and levels of noise would be created byor associated with the project on a short-term or long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come TO BE COMPLETED BY APPLICANT EVALUATION FOR Page S AGENCY USE ONLY from the site. None. 2) Proposed measures to reduce or control noise impacts, if any: N.A. Non- pro act Proposal. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? No. non-pro act Proposal. b. Has the site been used for agriculture? If so, describe. No non-pro act proposal C. Describe any structures on the site. No non-pro act proposal d. Will any structures be demolished? If so, what? No, non - project proposal e. What is the current zoning classification of the site? This non-pro act proposal is specifically addressing the Agriculture zone within Whatcom County f. What is the current comprehensive plan designation of the site? While this is a non - project proposal Agriculture would be the primary comprehensive plan designation - although there are agriculture zoned lands in the Urban Growth Areas. g. If applicable, what is the current shoreline master program designation of the site? Various. Non - pro iect proposal h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No non - oroiect Proposal I. Approximately how many people would reside or work in the completed project? N.A. Non-pro act proposal. j. Approximately how many people would the completed project displace? None non-pro act proposal. k. Proposed measures to avoid or reduce displacement impacts, if any: None Proposed, non - project Proposal I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Provisions of the Whatcom County Comprehensive Plan will be maintained 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. No, non - pro iect proposal C. Proposed measures to reduce or control housing impacts, if any: None proposed % AESTHETICS TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 6 AGENCY USE ONLY a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N.A. b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measures to reduce or control aesthetic impacts, if any: The primary effect of this non-pro act proposal would be to minimize nuisance odors 11. LIGHT AND GLARE a. What types of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: N.A. None proposed. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? No, non-pro act proposal b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreat- ion opportunities to be provided by the project or applicant, if any: N.A. None proposed. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No, non-pro act proposal. d. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. No, non - pro act proposal. C. Proposed measures to reduce or control impacts, if any: N.A. None proposed 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on -site plans, if any. N.A. Non - proiect proposal. e. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No, non-pro act proposal C. How many parking spaces would the completed project have? How many would the project eliminate? N.A. TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 7 AGENCY USE ONLY d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No non-pro act proposal e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N.A. f. How many vehicular trips per daywould be generated bythe completed project? If known, indicate when peak volumes would occur. None, non-project proposal g. Proposed measures to reduce or control transportation impacts, if any: N.A. Non- pro iect proposal. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. N.A. Non - pro iect proposal 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. No non-pro act proposal b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None proposed, non-pro act proposal C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature. Date Submitted: Dana Brown - Davis, Clerk o e Council TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 8 AGENCY USE ONLY WHATCOM COUNTY ENVIRONMENTAL POLICY ADMINISTRATION PART D ENVIRONMENTAL CHECKLIST TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY D. SUPPLEMENTAL SHEET FOR NON - PROJECT ACTIONS Because these questions are very general, it maybe helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likelyto result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed text amendments are intending to minimize the negative affects of the production of mushroom compost on the environment and to reduce the nuisance odors often associated with the production of mushroom compost Proposed measures to avoid or reduce such increases are Whatcom County land use and development regulations will be strengthened. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal will not be likely to affect plants animals fish or marine life. The proposal in part is intended to reduce the likelihood of such impacts from the production of mushroom compost that might otherwise occur. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Heightened efforts to reduce the potential runoff from mushroom composting facilities by increasing the performance standards for construction and on -going operation of the facility are a major component of this proposal. 3. How would the proposal be likely to deplete energy or natural resources? The proposal will not result in the depletion of enemy or natural resources. Proposed measures to protect or conserve energy and natural resources are: TO BE COMPLETED BY APPLICANT EVALUATION FOR Page 9 AGENCY USE ONLY The proposal maintains W hatcom County development regulations in those respects. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal is not anticipated to have any adverse impacts upon environmentally sensitive areas. The intent of the Proposal is to reduce the possibility of adverse impacts to the county that might result from additional mushroom composting facilities. Proposed measures to protect such resources or to avoid or reduce impacts are: The Provisions of the W hatcom County land use and development standards, including the W hatcom County Shoreline Management Program and Critical Areas Ordinance, will be maintained. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal will not allow or encourage land or shoreline uses incompatible with existing Plans. Proposed measures to avoid or reduce shoreline and land use impacts are: The provisions of the W hatcom County land use and development standards including the Whatcom County Shoreline Management Program and Critical Areas Ordinance, will be maintained. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed ordinance would not increase demands on transportation or public services and utilities. Proposed measures to reduce or respond to such demand(s) are: None proposed. Non-pro act proposal. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. None identified.