HomeMy WebLinkAboutord1993-035WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB93 -215
Jul 1 2 .1993
WHATCOM COUNTY
COUNCIL
SUBJECT: FILE REF: 0493:ZT AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, AGRICULTURAL DISTRICT, CHAPTER 20.40 TO ALLOW ROCK CRUSHING
AS A CONDITIONAL USE WHEN WITHIN A MINERAL RESOURCE LAND (MRL) OVERLAY
DISTRICT.
ATTACHMENTS: Agency report with attached staff report
Excerpts from Planning Commission Minutes
Draft Ordinance
Public Hearing Needed? Yes /_/ No /XX/
SUMMARY STATEMENT: The request would apply to all areas zoned Agriculture when also within an MRL
district. This presently accounts for approximately 225 acres north of Nugents Corner between Lawrence, Siper,
and Hopewell Roads. Two other areas include approximately 25 acres in the Morgan Road area south east of
Sumas and 25 acres just outside of the north east corner of Nooksack (see Exhibit A of the staff report). The
request would also apply to any future areas designated MRL in the Agriculture district.
RECOMMENDED ACTION: The Director of Land Use and Economic Planning recommends that Council accept
the Planning Commission's recommendation by adopting the proposal.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
6/8/93: Council introduction
6/22/93: Adopted 6 -1 with Harris opposed
Related File Numbers: Ordinance or Resolution Number: 093 -035
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FILE REF. 0493.ORD (c: I f4l2 U %I0
INTRODUCED BY: Consent
PROPOSED BY: PLANNING
DATE: 6/22/93
11 ORDINANCE NO. 93 -035
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, AGRICULTURAL DISTRICT, CHAPTER 20.40 TO ALLOW
ROCK CRUSHING AS A CONDITIONAL USE WHEN WITHIN A MINERAL RESOURCE
LAND (MRL) OVERLAY DISTRICT.
WHEREAS, the Whatcom Sand and Gravel Association has applied for a text amendment to the
Official Whatcom County Zoning Ordinance, Title 20, Agricultural District, Chapter 20.40 to allow rock
crushing as a conditional use when within a Mineral Resource Land (MRL) Overlay District; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on
Thursday, February 25, 1993; and
WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA Official on
January 29, 1993; and
WHEREAS, the Planning Commission held a public hearing on the amendment on March 10,
1993, and heard all public testimony on the issues and after due deliberation made a determination that
the application be approved; and
WHEREAS, the Council reviewed the Planning Commission recommendation at a public meeting
on xx, 1993, and
WHEREAS, the Council has adopted the following findings and conclusions:
FINDINGS
1. The request would apply to three areas covering approximately 275 acres zoned Agriculture and
within a MRL district in Whatcom County. The main area is approximately one mile north of
Lawrence but also included is a 25 acre area in the Morgan Road area near Sumas and 25 acres
just outside of Nooksack. The request would also apply to any future areas designated MRL in
the Agriculture district.
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The request would allow rock crushing as a conditional use within MRL overlay districts in the
Agricultural zone. Current regulations prohibit this use in all areas zoned Agriculture.
The Whatcom Sand and Gravel Association asserts that rock crushing is an important land use
to allow in all of the MRL districts, including those overlaying agriculture.
Most large scale mining operators seek to process materials on -site or at least nearby in order to
minimize costs associated with transporting material to and from sites.
Minimizing the transportation of material to and from sites also minimizes impacts from trucks,
which include traffic congestion and related accident and other concerns, noise and exhaust
emissions, and dust generation.
6. The purpose of the MRL districts is to set aside land for future mineral needs and allow intensive
mineral extraction activities. Rock crushing supports this use. The purpose of the Agriculture
district, however, is to support agriculture.
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FILE REF: 0493.ORD [c:If4l2V jlo
Page 2
7. The interim MRL districts were based primarily on current or past land use and permit status
where the decision to allow intensive mining had already been made.
CONCLUSIONS
While a conflict in policies technically exists where designated mineral and agricultural resource
areas overlap, the intent of recent GMA work was to prioritize mineral resource extraction within
all of the MRL districts. Pre- existing legal rights to intensively mine in these areas prioritized
these areas by default in any case. Recognizing this intensive land use should also acknowledge
that supportive accessory uses such as rock crushing should be conditionally allowed. In the
future, the placement of MRL districts during final GMA work will be the appropriate tool to
determine resource priorities.
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FILE REF.- 0493.ORD [c:If412V jlo
Page 3
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL THAT:
Section 1. Title 20, Agricultural District, Chapter 20.40 of The Official Whatcom County Zoning
Ordinance is hereby amended to allow rock crushing as a conditional use when within a Mineral Resource
Land (MRL) Overlay District as follows:
(20.40) AGRICULTURE (AG) DISTRICT
20.40.150 CONDITIONAL USES
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Section 2. The Council finds the public health, safety and general welfare are promoted by this
change.
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.
PASSED this 22nd day of June , 1993.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
`7-�A L. I PL - ��
Mate�r. a Laidlaw, Chairperson
ATTEST: (O APPROVED () VETOED
Clerk of the Council Shirley Vab Zanten, unty Executive
APP OV AS TO FORM:
Date 6-23-01-3
Karen Frakes
Civil Deputy Prosecuting Attorney