HomeMy WebLinkAboutord2000-030WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -216A
CLEARANCES
Initial
Date
Date Receivetlln Courrtll Office
AceradaDate
Assigned to:
Odgkiatnr: Coumy council
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Division Head:
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DepL Head:
Prosecutor:
Pwchasbg/Hudgec
Executive:
SUBJECT:
Continuation of a moratorium on CUP applications for Natural Gas and petroleum and petroleum product
transmission pipelines.
ATTACHMENTS:
Proposed ordinance continuing a moratorium on the acceptance and processing of Conditional Use Permits for
Natural Gas and petroleum and petroleum product transmission pipelines.
SEPA review required? ( x )Yes ( ) NO
SEPA review completed? ( x ) Vas ( ) NO
Should Clerkschedulaa hearing? ( x )Yes ( I NO
RequaYed Date: July 11, 2000
SUMMARY STATEMENT.
The attached ordinance continues the Emergency Ordinance
( #2000-026) which was adopted May 30, 2000 and which disallows
the acceptance of applications for Conditional Use Permits for the
purpose of siting and constructing regional transmission pipelines
which convey petroleum, petroleum products and natural gas.
The proposed ordinance continues the moratorium for an additional
180 days and anticipates siting criteria development by a newly
appointed Utility Planning and Advisory Committee.
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COUNCIL ACTION TAKEN:
2000 -216A 612712000: Introduced
711112000: Adopted 60, Imhof absent Ord #2000-030
Rel. _ _ _ -_.. y wuuac[ s:
Juvenile
Parks
Planning
J.E. Ryan,
Prosecutor
Karen Fakes
Public works
ShMN
Supwbrcourt
Treasurer
Other
Related File Numbers:
Ordinance or Reso on Number
(ibis item): JV
SPONSORED BY: Brenner, Crawford. Dawson Hoaa, McShane
PROPOSED BY: Brenner
INTRODUCTION DATE: 6/27/00
ORDINANCE # 2000 -030
CONTINUING A MORATORIUM ON THE ACCEPTANCE OF CONDITIONAL USE
PERMIT APPLICATIONS FOR REGIONAL TRANSMISSION PIPELINES OF
PETROLEUM, PETROLEUM PRODUCTS, AND NATURAL GAS; AND DECLARING
AN EMERGENCY
WHEREAS, the County Council previously adopted Title 20- Zoning of Whatcom
County Code which regulates land use within unincorporated areas of Whatcom County;
and
WHEREAS, the County Council adopted the Whatcom County Comprehensive -
Plan on May 20, 1997, which contains goals, objectives and policies regarding land use
compatibility and environmental considerations; and
WHEREAS, two recent major pipeline explosions in Whatcom County, one of which
resulted in fatalities, have demonstrated the need for local standards to provide
improved protection of public health and safety; and
WHEREAS, Whatcom County Code Title 20.82.030(2) defines regional
transmission lines. Specifically it is the intent of this Ordinance to address regional
transmission pipelines which are of the general pipe size and pressure commonly used
for the bulk regional transmission of petroleum, petroleum products, and natural gas;
and
WHEREAS, there have been recent proposals and presentations made by
private parties for the construction of new natural gas and petroleum products
transmission pipelines in areas where none currently exist, and
WHEREAS, the land use regulations currently in effect in the County do not
provide sufficient definitive criteria with which the County can address the concerns of
County residents and properly evaluate and condition the siting of transmission pipelines
carrying petroleum and petroleum products and the bulk conveyance of gas; and
WHEREAS, the County Council is establishing a Utilities Advisory Committee to
address utility issues including natural gas and petroleum transmission pipelines; and
WHEREAS, 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, Whatcom County Council previously enacted an emergency
moratorium (Ordinance #2000 -026) on the filing and processing conditional use permit
applications for regional transmission pipelines of petroleum, petroleum products, and
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natural gas for all new applications received after the effective date of Ordinance
#2000 -026 (May 30, 2000) pursuant to Whatcom County Charter, Article 2.40; and
WHEREAS, RCW 36.70.795 requires the County Council to hold a public
hearing within 60 days of adoption of a moratorium; and
WHEREAS, a public hearing was held on July 11, 2000 at which County Council
received testimony and conducted deliberation on the merits of continuing the
moratorium initiated by Ord #2000 -026; 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. Whatcom County Code currently provides no siting guidance with which to condition
the placement of transmission pipelines of petroleum, petroleum products, and
natural gas.
2. Transmission pipelines of petroleum, petroleum products, and natural gas are -
currently allowed in all zoning designations.
3. Future transmission pipelines of petroleum, petroleum products, and natural gas
may be incompatible with surrounding uses and may pose a threat to public health
and safety.
4. Whatcom County is in the process of developing amendments to Title 20, which will
include criteria to regulate these facilities, in response to increasing public health and
safety concerns about petroleum, petroleum products, and natural gas transmission
pipelines.
5. Without the imposition of a moratorium additional project proposals could be
submitted under current regulations thus precluding the added community safe
guards which will be included in the new public utilities ordinance.
6. A determination of non - significance was issued by the Whatcom County SEPA
Official on May 26, 2000 for the initial Emergency Moratorium (Ord #2000 -026) and
a further review of the continuation of the moratorium by the SEPA Official has
reaffirmed the determination of non- significance.
7. Public notice was published in the Bellingham Herald, on July 1, 2000.
WHEREAS, the County Council finds that the moratorium imposed by this ordinance
is necessary for the protection of the public health, safety, property or peace;
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NOW, THEREFORE BE IT ORDAINED by the Whatcom County Council the
following section:
Section 1.
A. A continuation of a moratorium imposed on filing and processing of
applications for land use permits for transmission pipelines of petroleum,
petroleum products, and natural gas unless the applications were complete, as
provided in Whatcom County Code, prior to May 30, 2000, the effective date of
this ordinance.
B. As used in this ordinance 'Land use permit" means any permit required from
the County for the construction or siting of any transmission pipelines of
petroleum, petroleum products, and natural gas.
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
continue for a period not to exceed 180 days, and shall be superceded by amendments
to Whatcom County Code which address the siting and placement of transmission
pipelines carrying petroleum and petroleum products and the bulk conveyance of gas.
ADOPTED this I I day of July . 2000
WHATCOM COUNTY COUNCIL
A WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Marlene Dawson, Cjiairperson
AP7PRO as to form: %%%
Civil Deputy Prosecutor
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