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HomeMy WebLinkAboutord1997-069N'HATCOM COUNTY COUNCIL AGENDA BILL NO. 97- 388 EARANCES InitW Date Date Received in Council Office: Agenda date Assigned to: vrtginator; Sylvia Goodwin � 1 E ' E � V ILL tl� j'i(1997 Wf°IATCOM COUNTY COUNCIL 11 25 97 Council Introduction Division Head: Sylvia Goodwin 1l 12/9/97 Public Hearin Dept. Head: Michael Knapp Prosecutor: P6 (17'711-7 Purchasing/Budget: SUBJECT: File Reference: 12 -97:ZT A zoning text amendment to amend the Official Whatcom County Zoning Ordinance, WCC 20.72 regarding Surface Mining Activity. ATTACHMENTS: Planning Agency Report P &DS Memorandum dated 11/12 w /amended. Exhibit A Proposed Ordinance recolanending an -alternative proposal - Draft Planning Commission Minutes SUMMARYSTATEMENT: Please complete sections of box as appropriate & explain the item below. Related County contract #: n/a Should Clerk schedule a hearing? NO / / YES /Y/ Requested date: 12/9/97 Amount budgeted for this item/project: $ n/a Is it (or will it be) within budget? YES /X / NO / / (Please explain below) n/a Budget line item number(s): n/a request is to adopt an ordinance to include adding an administrative approval procedure for new mining activities within Mineral Resource Land Special Districts and other amendments for the purpose of consistency with the Whatcom County Comprehensive Plan. The Planning Commission held a public hearing on October 9, 1997. Due to the length of the public hearing agenda, a work session was held on November 6, 1997. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends Council consider adoption of the Plannin Commission recommendation, except for those changes proposed to WCC 20.73.701 (noise standards which the Director recomends against. COMMITTEEACTION TAKEN: COUNCIL ACTION TAKEN: 1997-388 11/25/97: Introduced 12/9/97: Public Hearing Held. Amended & adopted 5 -1, Brenner opposed, Starkenburg abstained, Ord. #97 -069 Related File Numbers: #11 -96:ZT Ordinance or Resolution Number (this item only): SPONSORED BY: Planning__ PROPOSED BY: Council INTRODUCTION DATE: 11/25/97 1 ORDINANCE NO. 97 -069 2 3 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING 4 ORDINANCE, TITLE 20, CONCERNING SURFACE MINING ACTIVITY. 5 6 WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald 7 on September 25, 1997; and 8 9 WHEREAS, a Determination of Non- Significance had been issued on October 3, 1997, by the 10 responsible Deputy SEPA Official; and 11 12 WHEREAS, the Planning Commission held a public hearing on the proposed amendments on 13 October 9, 1997, and considered all testimony, and further held the record open for written input until ., 14 October 16; and 15 16 WHEREAS, the Planning Commission held a public work session on the proposed, amendments 17 on November 6, 1997 and voted to recommend approval of the staff proposal with modifications. 18 19 WHEREAS, the Council reviewed the Planning Commission recommendation at a regular 20 meeting on ( ) and after. due deliberation approved the matter; and 21 22 WHEREAS, the Council found the amendments in the best interest of the public health, safety, 23 and welfare; and 24 25 WHEREAS, the Council has adopted the following Findings and Conclusions: 26 27 FINDINGS 28 29 1. The Whatcom County Comprehensive Plan prioritizes the review and amendment of 30 surface mining regulations for consistency with adopted plan policies. 31 32 2. Necessary amendments include the establishment of an administrative approval process 33 for new surface mining activities within MRL Districts, property owner notification of 34 permit application, limitations on mining activity within well head protection areas, 35 vegetative buffers to minimize potential impacts, insurance policies to cover potential 36 liability, increased flexibility for mining operations in the Forestry Districts, and the 37 reduction of regulatory overlap between agencies. 38 39 40 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2� �6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CONCLUSIONS The proposed amendments are consistent with the Whatcom County Comprehensive Plan, implementing the second part of Action Plan item #4, Mineral Resources. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown in the attached Exhibit A. Section 2. 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. ADOPTED this 9 day of December . 1997. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON AP4Frakes, as to form: a Civil Deputy Prosecutor and els Chairperson ( Approved ( ) Denied ete Kremen, Executive Date: ` ! U Page 2 EXHIBIT A The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as follows: Mineral Resource Lands Special District (MRL) 20.73.010 Purpose. .011 The primary purpose of this district is to allow the type of activity that encourages and supports the opportunity for the extraction of minerals in areas of Whatcom County designated as containing resources viable for long -term commercial extraction. This district is also designed to discourage incompatible uses from locating upon mineral resource lands where the extraction of minerals occurs or can be anticipated. 20.73.020 Application. .021 The Mineral Resource Lands Special District is an overlay zone which covers only those areas designated as Mineral Resource Lands pursuant to the Washington State Growth Management Act. Any regulations contained herein which are more restrictive than those in the underlying zone districts or in the Shoreline Management Program shall apply. This is an interim regulatiott pending t1te development of a permanent zone or averifty zone tinder the requirements of the Growth Management Aet. 20.73.050 Permitted uses. .051 All permitted uses in the underlying zone districts are permitted except as expressly prohibited or made conditional, or further conditioned by this chapter. .052 Swfitee mitting subjeet to Washington State's Surfaee Mining Aet (Ghapter 78.44 RGIA9 and aeeessory washing and sorting-.. Page 1 053 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program. 20.73.100 Accessory uses. .101 All accessory uses in the underlying zone districts are permitted as accessory uses. 20 "73 430 Admrnistratiyk approval- uses'; T�e�fl.��`�ving,uscs are permitted stYb�ec`t�o admrustrative,�aaprbva ptzrsuahtto WCC ;2Q k84 235::; Page 2 serpent buffers may �eed��edKc� {at}renonth penod t9 =estahsh�henaleeiaimed . , ......_ �. z . topography 04) The appheani provides insurance poliesor a sirmlartype f pro�ec#�o�ps appropr }ate to cover Potential habilrties assocrated�th the proposed act �i fy; newals of b nds or insurance be subnutteduonPirati�onoiprevious fondsru�surance hebond�ng ag " "e�tshall }notfythe G�au��n�any�cha�t��eftatus r�n�thctbon�i 5` Application of >yadditLOnal s = epecficcAndYhons mayKRbeegnireri to mYtgate potential . ,.x �rnpaets that�are�not ohe�e.xegulated�through WCC 2073 650 and �D73 700 or through Feder�l,,�tate,�r�lo�cal regulations: (6) Appeal to theIearngxanuner und�r20,84�235 of an admimstrativeermrt shallbe 20.73.150 Conditional uses. 151 All conditional uses in the underlying zone districts shall remain conditional uses unless expressly prohibited by this chapter. .152 Mineral processing facilities including rock crushing, asphalt and concrete batch plants. 20.73.200 Prohibited uses. .201 All other uses. 20.73.250 Minimum lot size. .251 All divisions of land in the Mineral Resource Lands Special District shall be approved in accordance with the local and state subdivision laws. No division which creates any parcel of less area than 20 acres, less roads, shall be permitted except when the underlying zone is agricultural 9r�merp3al�trythen it shall be 40 acres, less roads. Page 3 20.73.650 Development criteria. 20.73.651 Road access. For surface mining operations, access on any public right -of -way shall be paved in accordance with the county engineering division or State Department of Highways Development Standards, as appropriate. 20.73.700 Performance standards. 20.73.701 Noise. (1) No development or activity shall exceed the maximum environmental noise levels established by Chapter 173 -60 WAC. (2) Noise associated with surface mining may constitute a nuisance or a public health concern, therefore, when surface mining activity is within or adjacent to a Rural or Residential zone, hours of operation for excavating, processing, and loading shall be prohibited on Sundays and thelegal holidays oChnstasDay, nevi Year'ay and limited to between 6:30 a.m. and 5:30 p.m. Monday - Saturday; provided that the surface mining operation may continue beyond the stated time if the noise created is less than the ambient night time noise levels for that area; and further provided that the following activities are exempt from these requirements: (a) Excavation and loading during and connected to flooding emergencies, and (b) Early morning (5:00 a rn );processing of �� concrete as necessary to provide beneficial concrete strength (exempt Monday through Saturday only), and ©n E aly morrung(5 0,0 a m) wprkm preparation for hotix aTsphalt production aril Page 4 loading (exempt Mondaythrough Saturday,only), and d) Activity under public contract when in the public interest. 20.73.702 Surface mining operations within. critical aquifer recharge areas. The purpose of this section is to protect critical aquifer recharge areas as required by RCW 36.70A.060(2). Any surface mining operation within a critical aquifer recharge area (as defined in the Critical Areas Ordinance, anti to include `any designat`dwellead protecfiou ark) shall meet the following requirements: (1) Surface mining operations may not excavate within 300 horizontal feet from any pre - existing well used as a potable water supply. (2) Nonewymmeral proccssmgbr rnuung- supp�ort�act�vites ors €ac�lities tonclude �arl�ng storage; maintt',nan�ce��u�eling and:washug of�mol���le��egcupmerit ,�eltoage, ,and�o ' - newly situated stationaryan rd' semmobile equipmentshall locate oz occur within the 5 yrarzonesof contnbution fordesigpated well k�eadprotectio� Well head protection bounlaresma beijusted m a;ox ance� with WCC "W',773' (63_) Fencing, or some comparable deterrent, shall be installed to prevent unauthorized dumping of any materials within surface mining operations. (4) Surface mines shall not use any off -site materials for backfill or reclamation without first acquiring either a grade and fill permit or a landfill permit from the county as deemed appropriate by the administrator. Any fill material must. be nonnoxious, nontoxic, nonflammable, and noncombustible. ( -25) Parking, storage, maintenance, fuehngr and washing of mobile equipment,,, fuelrstorage agdalln%ly sitafedtationaryndseriunohleq�upmelt aperatiatis shall be located-,.,at least 100 feet away from any exposed water table;; and (a) at least 20 feet above the seasonal high ground water level, or (2b) located upon unexcavated land; or O located wlthiri lined and brrned- -areas with adequate, capacity toaccQmmodate contau and=allowth "e�xemoval of c��mical spills: (3) All newly situated stationary and semifflobile equipmem shall be loeated at least 100 ft�et Page 5 provided that #*these prom shall not apply to dredging equipment. (40) Fuel tanks and oil drums shall be double containment construction and or protected by bermed areas having adequate capacity to accommodate, contain, and allow the removal of chemical spills. Fuel nozzles shall not contain locking opendevices. Fuel storage shall be above ground. Fueling of ntobile equip _pment shall be loeated at least 20 f�et above the seasonal high ground water level or within litted att4 bermed areas with a4equae eapaeity ( -57) All operations shall maintain a fuels/hazardous waste management plan maintained by the operator and available on the site at all times. (�8) On -site truck and equipment wash runoff shall be routed to retention facilities equipped with an oil-water separator or equalentprior to its release to settling ponds. Noncontaminated process water used for gravel washing shall be routed to settling ponds to minimize off -site discharges. (9) Atappxove general permit from the Department of Ecology for process and storm water discharge may substitute for these requirements 5 y8abonless't7s determYnedbased onsite speclfiGeviewthathe provzsiors of 5. ;$ areec�saomeettlnteritiths section 20.73.703 Public safety. Owners of surface mines shall ensure that their operation(s) will not be hazardous to neighboring uses. Fencing or other access barriers-may be required by the county to ensure public safety. Rural (R) District 20.36.050 Permitted uses. . . ►ASl••1•AS/• /111\ CRS" !!!! \!!l1��1�5•/ \•1•!!•4•�'1'Li �l�!l�l�S.� /�t�1CiSS� . =�11��•Sil�1 \ %S!S!!ll��L \•1�1 L�1lCR�i1,�l �LllS•ii -Is"- &W299iiiW Page 6 20.36.130 Administrative approval uses. 20.36.150 Conditional uses. .159 Surface mining and accessory washing and sorting; provided that: 6 0 ffi 'k -bi-ftJUM n - -th& V h, -t .173 Rock crushing and temporary asphalt and concrete batch plants when within a MRL f#ILJLIL 1- 01.1- JLJAIT V-Y-CJLJLLIJLa�-�LJL 'f YjT 'i lv� f %.,.L I 6eeil awwd Agriculture (Ag) District 20.40.050 Permitted uses. AIrIr — ITT--I--*------ Cl--T q I I M gre 9 W IM.L. L-A 20.40.130 Administrative approval uses. d", S -�q as Page 7 andaecessozyash�ng and sortngwhen within aWuter�ResourcEeLandpea9itnc .. ,.. _M sub�ec��to '� elmrements�f���2073 andll�o"thet;�pp nb e�`°�"�lat�ns 20.40.150 Conditional uses 170 Rock crushing: and asphalt and coricree batch plants when within a Mineral Resource Land Special District. 20.40.130 Administrative Rural Forestry (RF) District 20.42.050 Permitted uses. .058 Surface mining ' rock crusling possessory interest in laft4 for the sole purpose of4eonsft-uetion or maintettanee of aeeess roads ift the Forestry Zone was = r g.an��o�t�gstzb�ect�to ����° � ac�h� b CW5�5 C19 fpr'ovided�that drn�nistrative approval is ret Yrcdtfgr cdessoay rock cry` h�rfgacti�itc ,�s�.pcated�vy�thm,�tto thousanti�f���i' r�a�aual�or�i 'esidex�`t�.alc�:istr�ct:; ._ L A�•L��llttt[i S�1.ltttt ttttl�.l,l• / ►�l�l��l•�'l'li *l�tt�l�4•J•t•�1�l,S�l� .7�1•t•fi lid' \' /•tt..... l�l �l lilt Clt•IS•J�L.lrii \ \��'l'�!7 i7 flit iln-----T1•/t♦' �9' LiIA) jtttt �l7 tl• �1•/\• ttt# �'/•l•/ t�1'/l• ttttt[, � \'' /•ttl�/•i•� \1T1.1.7 \�l�/R�7 �1•L�l •1�1�/C.tt•�• /�tttt' t, A RIj a 1 Z4 lAnM'L• ttll 7 WARM! -tl- Sri ttttltt M tL,7• /• /•Vl,lU IOW \•1' • 9 rd R IJ UP 0 20 �2 13.0' Admimstr�ti�eapproval <:uses T ecfo�nistt igprgt�al pursuant to WCG'2®84 X235; 13'3 Surfacemmmg suW taWashington State's SurfacelVlmmg,cl(Capter�78 44�ZC�, anti ace of ! uash�ng, sortuig, ari l roc uli n thm ..... a I in eral1,lZesourc "A Special Tistnctsi�b�et to the requirements of WC = 073 and al�thepieabe regulaions Page 8 20.42.150 Conditional Uses. 153 Surface mining, ro� and accessory washing and sorting, subject to conditions in WCC 20.36.159. 162 Roek emshing and Sphal ' and concrete batch plants, when within a MRL Gverlay Spec alDistrict. Commercial Forestry (CF) District 20.43.050 Permitted uses. 055 Surface mining in rocc�ushngi IV, prFe"WNW.WWWOI&I . WAIN is �: �------:ri:� ���•r: �:� i....� :. u: ■:�:� ■....���•i..'. � �•i al. n i �. �u n i �� r.. � ���rii:�n r��.r:. i �: �i.�.�.� ri. �wrn... w 1. ■ - - - - -. - -- ..- --- - - 203 130 �dmtnlsft�Yvea�pproval uses Th' t% --g-ti CC *20sS4 2� and�acc�s�`a�ryfs�lung, orztng, and�ro��r�slungtwhen unthm ai�alesource Lattd �pecYal Distct�baecto thewremcntsf WCO 73 andall o#hexaplcableegulahons 20.43.150 Conditional Uses. 153 Surface mining, roccrusfiing; and accessory washing and sorting, subject to conditions Page 9 in WCC 20.36.159. .163 Mineral Processing Facilities 20.84.235 Administrative Approval Uses (1) . The applicant shall submit an Administrative Approval Use C&hecklisth approval Fform to theP lannYngandeve�lomer}t Services pepOent= ...._ , ....� .b. ... together with appropriate documentation of compliance with approval requirements, a filing fee of$35, names; w4 addresses ,.arid stamped, addressed envelopes, for all adjaeerit property owners al boundaries bf the sucbject Property; and at least three (3) copies of a site -plot plan at an appropr ate Seale a se ale of no . ' titan 20'- showing locations of property boundaries, locations and sizes of structures, access and parking areas, locations and types of water and sewer services, and locations and types of structures on adjacent properties. (2) Upon receipt of application materials per section (1) above, the P61atui�n air Develop nerit §6- - s �l�reparfime t shall _ , , send a notice oft h proposal to all owners of propertytlnz30pf�t�f the, exteml bodarosbf adjaeerrt -to the subject property at least ten ft (195) days prior to the decision date. The applicant shall also post public notices of the proposal on all road frontages of the subject property so as to be visible to adjacent property owners and to passing motorists. Said notices shall be provided to the applicant by the '.." g rit1 element Ses'cs 17ear�nnt and shall remain in place for at least ten PW (195) days prior to the decision. An signed affidavit of posting shall be returned at least one week prior to the decision shall also be provided at the time of applieatio . Property owners who have been notified of the proposal shall have a period of ten fifteen (195) days from the date printed on the mailed notice or ten f fteen (195) days from the posting of notice on the property, Page 10 whichever is later, within which to submit to the Planning,' 4 Development °Services Department: written response in support or in opposition to alILr�sf pthe proposalPlannuig d Development WServices° shallpprove �r deziy allAdmunstra�tW���ApprovalLJ��rapphcati� �nd�hall also�base�a�decislon up�n co�n��iarice.w�th the crrtetta „ersta�shed,ft�� �opgs�e�use�n�beappropriate�ne distract �theyrequiroment�o"f3tlus �seetzo do WCC �� $42Q _� __' _ _ .: _� _ _ __ � i•i �� iii._ : • LIMP ( )f� If the permit is denied, the applicant shall be notified in writing the initial Thegro�ndsfor�denialandtheap1 cant's nghtoappealhal�be rat (4, see#an; -any party of record may appeal the decision For purposes of administering this section, parties of record shall be defined as the applicant, the owner of the property, and any person who has submitted a written response to the proposal,. Each application for appeal of an Administrative Approval shall be accompanied by a fee . Page 11