HomeMy WebLinkAboutres2002-023WHATCOM COUNTY COUNCIL AGENDA BILL NO-2002-191 C
CLEARANCES Date Date Received in Couned Office Agenda Daze Assigned To
Ong. Dept.: County Council
502002
sn2002
Introduction
S Z
Pnt
Division Head:
Dept Head:
Ia
f t
Prosecutor.
Budget
Executive:
SUBJECT:
Docketing text amendment criteria for composting conditional use,
ATTACHMENTS
SUMMARYSTATEMENT:
Related County Convect q: Should no Clerk schedule a hearing? (Y" Requested Dow
Resolution intiating the docketing of a zoning text amendment to establish nuisances as an additional use criteria and setting
new criteria for the siting of commercial composting as a conditional use within the agricultural zoning.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2002 - 191 C 5012002: Introduced
51212002: Held in Planning and Development committee to
614
61412002: Amended and approved 6 -1, Crawford opposed,
Res #2002-023
Related File Numbers: Ordinance or Resolution Number (this item only):
AB2002-191 REj.tlio' ZW2-023
Sponsoredby: Consent
Proposed by: Caskey- Schreiber
Introduction date: May 7, 2002
RESOLUTION NO. 2002 -023
INITIATING THE DOCKETING OF A ZONING TEXT AMENDMENT TO
ESTABLISH NUISANCES AS AN ADDITIONAL CONDITIONAL USE CRITERIA
AND SETTING NEW CRITERIA FOR THE SITING OF COMMERCIAL
COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONING
DISTRICT
WHEREAS, the provisions of WCC 20.90.030(3) provide for the initiation of
zoning text amendments by approval of a resolution by the Whatcom County Council;
and
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
and noise 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, 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
Page l
applications for composting and mulching facilities and declaring an emergency, and said
moratorium will expire on June 23, 2002;
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
pursuant to WCC 20.90.030(3) hereby initiates on the current year annual docket an
amendment to Title 20 WCC as specified in Exhibit A attached hereto.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning
Commission is directed to further investigate criteria and conditions for the siting and
operation of commercial composting within Agriculture and other suitable zoning
districts and may amend Exhibit A as deemed necessary by their findings and
conclusions.
APPROVED this 4th day of June, 2002.
ATTEST WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
WASHINGTON
ana Brown- Davis, Clerk of the Co cil
PROVED As TTo FORM:
Civil puty Prosecutor
Page 2
L. Ward Nelson, punch rair
EXHIBIT A
Section 1. The text of WCC 20.84.220(6) is hereby amended as follows:
(6) Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any person, property, or
the general welfare by reasons of excessive production of traffic, noise,
smoke, fumes, glare or odors . or constitute a nuisance.
Section 2. 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 maybe reduced to not less than 500 feet.
Section 3. 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 ereex ereial composting and mulching facilities; and
including but not limited to the type of facilities operated by neighborhood
or public service organizations.
Page 3