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HomeMy WebLinkAboutord1990-106V�.�TCOM COUNTY COUNCIL AGENDA BILL NO. 90 -361 CLEARANCES Initial Date Date Received in Council Office: Agenda Date Assigned To: Originator- COUNCIL 10/24 10/30/90 Council /Introsa Division Head- 11/13/90 P&D/Counci1-Ntaring- Department Head - Prosecutor Review- Purchasing/Budget Dir: - Executive- SUBJECT.• Ordinance imposing a temporary moratorium on processing of conditional use permit applications for solid waste disposal facilities, pending study of appropriate official controls ATTACHMENTS: - Ordinance - Petition from citizens, SUMMARY STATEMENT- received at 10/23/90 meeting 4- Public Hearing Needed? Yes1W N%/ Citizens petitioned the Council 10/23 to impose a moratorium on processing of applications for solid waste disposal facilities. Councilmember Jackson suggested an emergency moratorium, but her proposal was rejected by the Council. This non - emergency ordinance, drafted under Councilmember Hansey's direction, would impose a moratorium (although not on an emergency basis) on processing conditional use permits for solid waste disposal facilities, until the Planning Commission completes its review of proposed new regulations and the Council completes its consideration of those regulations. ORIGINATOR'S RECOMMENDED ACTION.• e! o(e.i4" COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 11- 13 -90: Council passed 7 -0 Related File Numbers: W 0 -3 E lf( solid.ord 10/30/90 Ordinance or Resolution Number: O RD 9 0 -10 6 Page 3 solid.ord 10/30/90 SPONSORED BY: Jackson /Hansey PROPOSED BY: Council /Planning_, INTRODUCTION DATE: 10 -30 -90 2 3 ORDINANCE NO. 90-10' 4 INTERIM ZONING ORDINANCE 5 IMPOSING A TEMPORARY MORATORIUM ON PROCESSING 6 OF CONDITIONAL USE PERMIT APPLICATIONS FOR SOLID 7 WASTE DISPOSAL FACILITIES, PENDING 8 STUDY OF APPROPRIATE OFFICIAL CONTROLS 9 10 WHEREAS, Title 20, the official Whatcom County Zoning Ordinance, allows for solid waste 11 disposal facilities as conditional uses in a number of zones; and 12 13 WHEREAS, these conditional uses depend upon the normal conditional use criteria found in 14 Section 20.84 which may be inadequate to address the specific issues of solid waste disposal facilities; 15 and 16 17 WHEREAS, the Council directed the Planning staff and Planning Commission to review the 8 regulations; and 19 20 WHEREAS, the Planning staff developed draft regulations which included additional 21 restrictions and presented them at a public hearing before the Planning Commission on June 12, 1990; 22 and 23 24 WHEREAS, these regulations proved controversial and required additional review and 25 coordination among departments within the County and the private sector; and 26 27 WHEREAS, the public hearing was continued to a date certain on several occasions to allow 28 this review and the public hearing has been continued to November 20, 1990, to further consider the 29 matter; and 30 31 WHEREAS, additional landfill projects are proposed; 32 33 WHEREAS, allowing the filing of applications for these landfill proposals under the present 34 rules would thwart the effectiveness of the new regulations and would be detrimental to the public's 35 health and welfare; and 36 37 WHEREAS, under the authority of RCW 36.32.120 (7) and 36.70.790, the County Council may 38 place a moratorium on the processing of such proposals until the new regulations are in place; and solid.ord 10/30/90 Page 1 2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that new 3 commercial solid waste disposal facilities for public use shall not be regarded as permitted or 4 conditionally permitted uses and the further acceptance of applications for the same shall be stayed 5 until January 30, 1991, or until permanent regulations are adopted to amend Title 20 with regard to 6 the siting of solid waste disposal facilities. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,4 25 26 27 ADOPTED this 13th day of November, 1990. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM CO WASHINGTON Ramona Reeves, Council Clerk iyolrnald G. HaAKey, airman APPROVED AS TO FORM: EXECUTIVE: (►pproved ()vetoed � U, b C� �4'k- Civil Deputy Pros. Atty. Shirley Van Zan en, Exe ` ive Date: I l- I q --cl O solia.ord 10/30/90 Page 2