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Home My WebLink Aboutord2001-047WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -301 CLEARANCES In ' l Date Date Received in Council O tce Agenda Date Assi nedm: _ Originator: Man W. Aamot 1t�, - I -. _ `\ n I� t? C_.. 8 -8 -2000 Introduction Division Head: Sylvia Goodwin U It7�(o C0 P�b-urUl'!GIL AUG A 1 2000 WH.1zrCuJd1 COUNT+' I usnai Depu Head: JE "Sam "Ryan �) elhobi 1 Prosecutor: Karen Frakes 4:5 P Parchasingstudge: COUNCIL 92 e: Pete Kremen CT: Ordinance amending the trial Whatcom County Zoning Code, Title 20, to modify regulations for nonconforming mines and mining operations in the Rural, Agricultural, Rural Forestry and Commercial Forestry zones. rTTA HMENTS: oposed Ordinance Plannin g Commission Findings, Planning Commission minutes, public comment letters and staff reports are on file at the Council 0 tce. SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x' ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: ' The Council must hold a hearing ifthey want to change the Planning Commission's recommendation (WCC 20.90.051). SUMMARY STATEMENT: The proposed amendment relates primarily to Distribution Request nonconforming mines and surface mining conducted outside of the Mineral Resource Lands designation in the Rural and Agriculture zones (The amendment also pertains to the Rural Forestry and Commercial Forestry zones, Indicate those who should receive a copy ofer Council action. List 'peep° names to the right, as the mining regulations in these zones simply reference the rules in the Rural ADS Facilities Management zone). ADSFinance ADS Human Resources The intent of the proposal was to address impacts to neighbors, agricultural lands, and water supplies and determine the level of mining that is appropriate in areas of the County that are not designated as Mineral Resource Lands. ADS Info services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Michael Bobbink Jail TAKEI ✓a °mite 8/2000: Introduced 17/2001: Held in Natural Resources Committee part" Planning J.E. "Sam "R an Prosecutor 1/2001: Held for review- Forwarded to Ag. Advisory antl FACTION urface Mining Committees 10/2001: Held for Public Hearing September 11, 2001 1112001: Held in Committee to 9/25 25/2001: Introduced new Ord.(amendments as of Public Works SherTf Superior Court Treasurer 25/2001) 01912001: Amended antl adoppted 4 -3, Imhof, Nelson, �WjW ri ORV` -&P 41cti-047 rs: ZON99 -00016 Other Ordinance or Resolution Number (this item): 1001 4 I'_Plannmg Dwisionviomm \kevwa 1999MN" 00016AB.dw SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 8/8/00 & 9/25/01 ORDINANCE NO. 2001 -047 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE REGULATIONS RELATING TO NONCONFORMING SURFACE MINES AND SURFACE MINING IN RURAL, AGRICULTURAL, RURAL FORESTRY AND COMMERCIAL FORESTRY ZONES. WHEREAS, The County Council has considered mining in Rural, Agricultural, Rural Forestry, and Commercial Forestry zones (outside of Mineral Resource Land designations); and WHEREAS, The Council has also considered nonconforming surface mining activities; qrs WHEREAS, the Council has considered the Planning Commission's Findings of Fact, Reasons for Action and Recommendation for the amendments; and WHEREAS, The Council has evaluated the zoning text amendments relating to these surface mining activities and found the amendments consistent with the Comprehensive Plan policies; and WHEREAS, the Council finds the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. Notice of the Planning Commission hearing on the subject amendment was published in the Bellingham Herald on May 25, 2000. 2. The Planning Commission held a public hearing on June 8, 2000 and work sessions on June 22, 2000 and July 13, 2000. 3. The Deputy SEPA Official for Whatcom County issued a Determination of Non - Significance (DNS) on February 8, 2000. The Deputy SEPA Official reconfirmed this DNS on May 31, 2000. 4. The Whatcom County Comprehensive Plan was adopted in May of 1997, designating Mineral Resource Lands in Whatcom County. These Mineral Resource Lands were designated to provide a 50 -year supply of commercially significant construction aggregate (Policy 8P -1). 5. The purpose of the Mineral Resource Lands designation in the Whatcom County Comprehensive Plan is "To ensure a long -term supply of mineral resources and provide predictability in land use" (p. 2 -84). 6. The purpose statement and definition of the Agriculture designation in the Comprehensive Plan does not include providing land areas for surface mining. Page 1 of 8 7. Mining has the potential to adversely impact neighbors via noise, truck traffic, dust, visual impacts and property devaluation. 8. Whatcom County Comprehensive Plan Goal 8J is to "Ensure that mineral extraction industries do not adversely affect the quality of life in Whatcom County, by establishing appropriate and beneficial designation and resource conservation policies, while recognizing the rights of all property owners:' 9. Whatcom County Comprehensive Plan Policy 8J -1 is to "Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, or natural resources." 10. The subject amendment would limit mining in the Agriculture zone in recognition that the primary purpose of this zoning district is not to provide sites for mining and that mining can impact the quality of life in these areas. 11. Whatcom County Comprehensive Plan Goal 11 F is to "Protect and enhance Whatcom County's surface water and groundwater quality and quantity for current and future generations:' 12. Whatcom County Comprehensive Plan Policy 11 F -3 is "In conjunction with the public and appropriate local, State, and Federal jurisdictions, define and identify areas which may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead protection areas, and high priority watersheds ..." 13. Whatcom County Comprehensive Plan Policy 11F -4 is "in conjunction with the public and appropriate local, State, and Federal jurisdictions, develop management strategies for those areas requiring special protection. Management efforts should consider both water quality and quantity. Water quality efforts should help reduce the likelihood that potential contaminant sources will pollute water supplies. Water quantity efforts should include consideration and protection of recharge areas as appropriate:' 14. The Washington State Department of Health (DOH), in a publication called Gravel (1991), stated "... Surface mining within an aquifer recharge area alters the infiltration dynamics and generally increases the vulnerability of the underlying ground water ... mining increases ground water vulnerability because it decreases the physical separation of ground water from the surface ..." (pp. 382 -383). 15. A DOH publication called Inventory of Potential Contaminant Sources in Washington's Wellhead Protection Areas (1993) identifies mining as a potential pollutant source. 16. A U.S. Environmental Protection agency publication called Partial List of Potential (1998) listing surface mining as a potential pollutant source. 17. Mining is included in Appendix B of the Whatcom County Critical Areas Ordinance, which lists sources of groundwater contamination. 18. The subject amendments would address potential impacts to ground water and wellhead protection areas by requiring a conditional use permit for certain excavation within five and ten -year time of travel boundary for delineated wellhead protection areas and within critical aquifer recharge areas. 19. The subject amendment would further the public interest by requiring public review for nonconforming surface mines when they expand laterally. This will allow neighbors to comment when an existing mining operation proposes to come closer to their property. The impacts from surface mining to the quality of life of surrounding residents can be mitigated through the conditional use permit process by imposing buffers and other conditions. Page 2 of 8 CONCLUSIONS 1. The subject amendment conforms to the Whatcom County Comprehensive Plan. 2. The subject amendment is in the public interest. 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 Exhibit One. 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 ATTEST: 9 day of October , 2001. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown- Davis, jWard Nelso a, oun it Chair Clerk of the Council APPROVED as to form bm Civil Ddouty Prosecutor ( A7 P O Denied to Kremen, Executive Page 3 of 8 EXHIBIT ONE Amend WCC20 36.159, conditional use permits in the Rurvl zone, as follows .159 Surface mining and accessory washing and sorting outside of short term planning areas; provided that: (1) The activity is not subject to Washington State's Surface Mining Act (Chapter 78.44 RCW). (2) The activity will not result in excavation or equipment within 50 feet of county road rights - of -way. (3) The activity will not result in excavation or equipment within 50 feet of the exterior property lines of the site, except in the case of two contiguous operations in which case by mutual consent this setback can be zero. (4) Reclaimed side slopes shall not be steeper than three feet horizontal to one foot vertical for unconsolidated materials. (5) At minimum, the operations shall adhere to the development and performance standards of WCC 20.73.650 and 20.73.700. (6) All topsoil remains on site for use in subsequent reclamation. (7) No soil erosion or sedimentation will occur beyond the exterior property lines of the site. (8) No excavation shall occur within the five -year zone of contribution for designated well head protection areas. Excavations may occur within the 10 -year zone of contribution outside of the five -year zone of contribution if they are not within 10 vertical feet of the seasonal high water table. Wellhead protection boundaries may be adjusted in accordance with WCC 20.73.131(2). from each having a three -acre surface mine. Note: Mining regulations in the Rural Forestry and Commercial Forestry zones reference the above regulations in the Rural zone. Therefore, amendments to the Rural zone will automatically change the regulations in the Rural Forestry zone (WCC 20.42.153) and Commercial Forestry zone (WCC 20.43.153). Page 4 of 8 Amend WCC2040165, conditional use permits in the Agriculture zone, as follows .165 Surface mining for farm enhancement purposes and accessory sorting; provided that: (1) The activity is not subject to Washington State's Surface Mining Act (Chapter 78.44 RCW) and conforms to the following criteria and those of Whatcom County Code 20.84.220. (2) The activity will not result in excavation or equipment within 50 feet of county road rights -of -way. (3) The activity will not result in excavation or equipment within 50 feet of the exterior property lines of the site, except in the case of two contiguous surface mining operations in which case by mutual consent this setback can be zero. (4) RE) FnGF8 than 2M of the , iRR .;.,...11 hp. ,,,avated .,low ,.,URd .Ieyat ans. The activity will only percent of the parcel area, not to exceed six acres in total may be mined. (5) No reclaimed side slopes are steeper than 8% thFRR fRPt 1.,.7. t^ foot AtA' One veFHsal. An exception to this requirement may be approved under the following circumstances: a) The knoll or ridge to be removed extends onto an adiacent parcel; and (b) The neighboring orooertv owner is not removing their portion of the knoll or ridge: and (c) A steeper side slope is necessary to enhance farm use adjacent to the slope: and (d) Reclaimed side slopes shall not exceed 33 %. (6) No excavation shall occur within the five -year zone of contribution for designated well head protection areas. Excavations may occur within the 10 -year zone of Page 5 of 8 (7) Excavations will not occur within five feet of the seasonal high water table level (8) At minimum, the operations shall adhere to the development and performance standards of WCC 20.73.650 and 20.73.700. (9) No soil erosion or sedimentation will occur beyond the exterior property lines of the site. (10) Excavation activity will commence and conclude within four years. (11) The conditional use permit application includes proposed days -of- the -week operation and hours -of- the -day operations. The hearing examiner may limit any operation as to days and hours of operation. (12) Owners shall submit a reclamation plan with their application to the county providing for: (a) Stockpiling all top soil for subsequent use during reclamation. (b) Top soil protection by seeding with a cover -crop immediately after it is stockpiled. (c) Time limits on top -soil storage not to exceed four years. (d) Limitations on handling top soil in wet conditions. (e) Sequential reclamation in less than three acre increments per parcel. (f) Measures for restoring soil texture, structure, and organic matter by sub - soiling, fertilization, crop scheduling, and weed control. (g) Review and approval by the Whatcom County Conservation District. (h) Protection of ground water during preparation of the soils for post agricultural use. (i) Pertinent use of best management practices or guidelines. As a minimum, this should include "Agriculture and the Aggregate Industry," by Mackintosh, E.E. and E.J. Mozuraitus, from the Ontario Ministry of Natural Resources, 1982. (13) Performance bonds or other monetary security as approved by the prosecuting attorney equal to the costs of completing the proposed reclamation plan, WCC 20.40.165(12) are submitted to the county, which shall be released within two years after completion of surface mining; provided that reclamation has been completed according to the reclamation plan. (14) When mining operations are proposed within or adjacent to the 100 -year floodplain, the applicant must also obtain a flood permit from the county. Z Amend WCC2O B3 020 and. 030, which address nonconforming uses, as follows: 20.83.020 Expansion of nonconforming use. (1) Nonconforming uses may be extended throughout any building partially occupied by such use at the time of passage of this ordinance, except for nonconforming adult businesses, which shall not be extended to other parts of the building. (2) The expansion of a nonconforming use by addition or enlargement shall require a conditional use permit be oend tieRally peMitted, except for nonconforming adult businesses, which shall not be expanded. The expansion must be on the parcel as it existed at the time the use became nonconforming and the use shall not expand on adjacent parcel(s). The expansion shall be approved if it is consistent with the applicable zoning regulations except the use restrictions and complies with WCC 20.84.220(2) to (8). (3) For the purposes of this section the expansion of a nonconforming surface mining operation (which requires a conditional use permit) shall mean: boundary for delineated wellhead protection areas. Page 7 of 8 existing well: and (c) The owner or operator continues to actively seek the conditional use T permit after the application is submitted 20.83.030 Zone district change — Continuation. When a zone district is changed, existing non - conforming uses may be continued consistent with the provisions of WCC 20.83.010, and• WCC 20.83.020 and WCC 20.83.150. Amend WCC2097270, which defines terms, as follows: 20.97.270 Nonconforming use. "Nonconforming use" means a building or land premises occupied by a legally established use that does not conform with the use regulations of the zoning use district in which it is located situated. 1:2 Planning Division\ Rezones \Rezones 1999¢ON99- 00016— ppnoved Ordinance.doc Page 8 of 8