HomeMy WebLinkAboutord1988-0891 FILE tt13A -88:ZT INTRODUCED BV: Consent
2 PROPOSED BV: Planning
3 DATE: 10 -20 -88
4 ORDINANCE NO. #88-89
5 AN ORDINANCE AMENDING SECTION 20.40.165 OF TITLE 20 THE OFFICIAL
6 WHATCOM COUNTY ZONING ORDINANCE, TO INCLUDE ROCK CRUSHING AS A
7 CONDITIONAL USE IN THE AGRICULTURAL ZONE
8 WHEREAS, an application was made to modify the text of Title 20, the
9 Official Whatcom County Zoning Ordinance, to include. crushing in section
10 20.40.165; and
11 WHEREAS, a Determination of Non - significance was issued on July 7, 1988
12 by the Deputy SEPA Responsible Official; and
13 WHEREAS, a duly advertised hearing was held before the Planning
14 Commission on July 19, 1988, and after hearing all testimony and due deliberation
15 a recommendation was made to the County Council to add rock crushing to commercial
16 extraction in the Agricultural zone; and
17
WHEREAS, because interested parties
were inadvertantly misinformed
18
regarding the hearing date and
consideration was
given to broadening the issues,
19
it was determined that another
hearing be held;
and
20
WHEREAS, pursuant to
RCW 36.70.590 and
Council directive a legal notice
21
was published in the Westside
Record Journal on September 14, 1988, and the
22
Bellingham Herald on September
17, 1988; and
23 WHEREAS, the Planning Commission held a second public hearing on the
24 proposal on September 27, 1988, again focusing on rock crushing, and heard all
25 testimony on the issues and after due deliberation made a determination that the
26 application be approved as presented by the planning staff; and
27 WHEREAS, the Planning Commission accepted the findings and reasons for
28 action as presented by the staff and unanimously moved to recommend to the County
29 Council that the text of section 20.40.165 be amended to include crushing; and
30 WHEREAS, the Council at a public meeting on November 3, 1988 reviewed
31 and approved the Planning Commission's recommendation;
32 NOW THEREFORE BE IT RESOLVED:
33 1. Title 20, the Official Whatcom County Zoning Ordinance is hereby amended as
34 follows:
35 20.40.150 CONDITIONAL USES [Agriculture Zone]
36 .165 Commercial extraction of sand or gravel or both, and accessary washing,
37 sorting and crushing, provided the Hearing Examiner has determined,
38 through information provided by the applicant that:
39 (12) Setbacks for the excavation area; or structures, buildings or
40 nonmobile machinery associated with extraction, washing, sorting or
41 crushing that will be adequate to minimize potential adverse impacts
42 to adjoining properties or county road rights -of -way.
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I FILE w..,A -88:ZT
2 2. The Council finds the public health, safety and general welfare are promoted
3 by the above change.
4 3. The Council further adopts the following findings and conclusions as
5 recommended by the Planning Commission:
6 FINDINGS
7 A. Rock crushing was originally specifically omitted from the sand and gravel
8 extraction provision to limit the range of activities and help preserve farm
9 land.
10 B. Crushing is a customary use in gravel pits. A crushing machine enables the
11 owner of a gravel pit to provide a wide range and grade of gravel and sand
12 in the Whatcom county area that would otherwise not be provided. However,
13 crushing is incidental to extraction and does not contribute to loss of farm
14 land.
15 C. Although the noise level of crushing operations is high, they do not appear
16 to be significantly higher than other activities normally associated with
17 surface mining.
18 D. Environmental impacts resulting from rock crushing are minimal.
19 E. There are 32 soils in the Lynden Nooksack Valley Subarea alone with good
20 potential for producing commercially viable sand and gravel products. Many
21 of these soils are in the Agricultural zoning district.
22 F. The Rural and Forestry zones which allow smaller minimum parcel sizes than
23 the Agricultural zone, include crushing as a conditional use. However in
24 the Agricultural zone, where larger parcel sizes can more readily absorb
25 impacts associated with surface mining, crushing is prohibited.
26 G. In granting a conditional use permit for commercial sand or gravel there
27 are 15 criteria that must be complied with. These will provide adequate
28 protection relative to any offsite impacts.
29 CONCLUSIONS
30 The present language in the Agricultural zoning district appears to prohibit
31 crushing as part of the customary on -site processing associated with surface
32 mining. However, thre is no evidence that crushing as part of an overall
33 extraction operation contributes to permanent conversion of agricultural
34 land. There are 32 soils in the Lynden Nooksack Valley subarea alone with
35 good potential for producing commercially viable sand and gravel products.
36 Many of these soils are in the Agricultural zoning district. With the
37 present restriction, mineral extraction, in some cases, becomes economically
38 impractical in the Agricultural zone because of the need to haul the
39 material to another site, crush and screen, and haul again. There would to
40 be more equity in regulations relating to the aggregate business if the
41 restrictions were the same in the Agricultural zone as they are in the two
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FILE #iJA -88:ZT
2 zones (Rural, Forestry) that allow surface mining as a conditional use. The
3 present 15 criteria necessary to obtain a conditional use permit for sand
4 and gravel operations will provide protection to neighbors relative to
5 noise, dust, and runoff.
6 3. The Council directs the staff and Planning Commission to review commercial
7 extraction regulations for the Agriculture zone to determine if additional
8 requirements are necessary including, but not restricted to, time li.mi.ts,
9 inspections,'and''limitations to insure enhancement of agriculure production.
10 4. Adjudication of invalidity of any of the sections, clauses, or provisions
11 of this Ordinance shall not affect or impair the validity of the Ordinance
12 as a whole or any part thereof other than the part so declared to be
13 invalid.
14 PASSED this 3rd day of November , 1988.
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18
WHATCOM COUNTY COUNCIL
WHA�TCOM COUNTY, WASHINGTON
William P. Roehl Cha° person
19 ATTEST: APPROVED ,j ( ) VETOED
20 V-
21 Clerk of the Council Shirley Van Zan en, CourWy Executive
22 APPROVED AS TO FORM:
23 Date
24
25 Dave otting
26 Civil Deputy vosecuting Attorney
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