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HomeMy WebLinkAboutord1990-103WI TCOM COUNTY COUNCIL AGENDA BILL NO. 9090 -361(a °i�LEARANCES Initial Date Date Received in Council Office: Agenda Date Assigned To: Originator- EJ/DGH /RI 10/29 10/30/90 Council Division Head- ' Department Head - Prosecutor Review RW by fax 10/30 Purchasine/Budeet Mr.- Executive- Emergency ordinance establishing interim zoning to impose a temporary moratorium on processing of conditional use permit applications for solid waste disposal facilities and sites, pending study of appropriate controls ATTACHMENTS: Ordinance Public Hearing Needed? Yes / _/ No/xr / SUMMARY STATEMENT• Refer to the "whereas "' in the body of the proposed ordinance for more information. ORIGINATOR'S RECOMMENDED ACTION.• Recommend adoption (a minimum of five votes needed) COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 10- 30 -.90 Council passed 7 -0 Related File Numbers: Ordinance or Resolution Number. • oRn 9 o-10 3 Emergency ordinance establishing interim zoning to impose a temporary moratorium on processing of conditional use permit applications for solid waste disposal facilities and sites, pending study of appropriate controls ATTACHMENTS: Ordinance Public Hearing Needed? Yes / _/ No/xr / SUMMARY STATEMENT• Refer to the "whereas "' in the body of the proposed ordinance for more information. ORIGINATOR'S RECOMMENDED ACTION.• Recommend adoption (a minimum of five votes needed) COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 10- 30 -.90 Council passed 7 -0 Related File Numbers: Ordinance or Resolution Number. • oRn 9 o-10 3 emersol.ord 10/30/90 SPONSORED BY: Jackson /Haney /Imhof PROPOSED BY: Jackson /Haneyf Imhof INTRODUCTION DATE: 10 -30 -90 2 3 EMERGENCY ORDINANCE NO. 90 -103 4 AN INTERIM ZONING ORDINANCE 5 IMPOSING A TEMPORARY MORATORIUM ON PROCESSING 6 OF CONDITIONAL USE PERMIT APPLICATIONS FOR SOLID 7 WASTE DISPOSAL FACILITIES, AND 8 DECLARING THAT AN EMERGENCY EXISTS 9 10 WHEREAS, Title 20, the official Whatcom County Zoning Ordinance, allows for 11 solid waste disposal facilities and sites as conditional uses in a number of zones; and 12 13 WHEREAS, these conditional uses depend upon the normal conditional use 14 criteria found in Section 20.84 which may be inadequate to address the specific issues of 15 solid waste disposal facilities and sites; and 16 17 WHEREAS, the Council directed the Planning staff and Planning Commission to 18 review the regulation; and 19 20 WHEREAS, the Planning staff developed draft regulation which included 21 additional restriction and presented them at a public hearing before the Planning 22 Commission on June 12, 1990; and 23 24 WHEREAS, these regulation proved controversial and required additional 25 review and coordination among departments within the County and the private sector; 26 and 27 28 WHEREAS, the public hearing was continued to a date certain on several 29 occasion to allow this review and the public hearing has been continued to November 30 20, 1990, to further consider the matter; and 31 32 WHEREAS, an emergency exists because additional landfill projects are proposed 33 which may require the additional scrutiny to be provided under the new regulations, in 34 order to protect the public health, safety and welfare; and 35 36 WHEREAS, allowing the filing of applications for these landfill proposals under 37 the present rules would thwart the effectiveness of the new regulations and would be 38 detrimental to the public's health and welfare; and emersol. ord 10/30/90 Page 1 WHEREAS, under the authority of RCW 36.32.120 (7) and 36.70.790, the County Council may place a moratorium on the processing of such proposals until the new regulations are in place; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that upon passage of this emergency ordinance, commercial solid waste disposal facilities for public use shall not be regarded as permitted or conditionally permitted uses, and acceptance of any related applications shall be stayed until December 30, 1990; and BE IT FURTHER ORDAINED that this moratorium is being imposed on an emergency basis in order to protect the public health, safety and welfare and will take effect immediately upon passage. ADOPTED this 30th day of October, 1990. ATTEST: Ramona Reeves, Council Clerk APPROVED AS TO FORM: Civil Depu osecutor WHATCOM COUNTY COUNCIL WHATCOM COUR�Y, WASHINGTON G. ( ) Approved ( ) Denied Marvin G. Vanderpol, Execu ive Pro Tern Date: /a --3b 90 emersol.ord 10/30/90 Page 2