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HomeMy WebLinkAboutPlanning March 25 2014WHATCOM COUNTY COUNCIL Planning and Development Committee March 25, 2014 CALL TO ORDER Committee Chair Ken Mann called the meeting to order at 3:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (3:03:55 PM) Present: Ken Mann, Barbara Brenner and Rud Browne. Absent: None. Also Present: Carl Weimer, Barry Buchanan and Pete Kremen, COMMITTEE DISCUSSION 1. DISCUSSION OF AN INTERIM ORDINANCE RELATED TO PACKINGHOUSE APPLICATIONS IN AGRICULTURE ZONES (AB2014 -060A) Joshua Fleischmann, Planning and Development Services Department, gave a staff report. The Planning Commission decided to not recommend the interim ordinance. The ordinance adopted at the end of September is the default ordinance. Mann asked and there was discussion of the timeline of an interim ordinance, whether anything other than the agricultural zone rules were appealed. Karen Frakes, Prosecutor's Office, answered questions. Mann asked and there was discussion of what happens when the interim ordinance expires. He stated and there was discussion of backing up and starting over to allow small scale slaughterhouses on agricultural properties. It got out of hand last time when people wanted to allow stand -alone industrial scale slaughter in the agricultural zone. Brenner stated they need to comply with State law. If they make a conditional use for all sizes, they won't have any small scale operations, because they can't get through the conditional use process. State law will require a limit on the number of allowed operations. Browne asked and there was discussion of whether the County is legally able to limit the number of facilities and hearing about negotiations on the Growth Management Act (GMA) issue. Weimer stated the conditional use permit is not the best fix. They can do something more streamlined or focused. He's fine with limiting the number of operations. Also reconsider the size allowed. Mann asked and there was discussion of how they measure and define what is small scale. He stated the discussion of this agenda item may take place in executive session pursuant to the Revised Code of Washington (RCW) 42.30.110(1). Executive session will conclude no later than 4:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Planning and Development Committee, 3/25/2014, Page 1 1 Browne moved to go into executive session until no later than 4:00 p.m. to discuss the 2 agenda item pursuant to the RCW citations as announced by the Committee Chair. 3 4 The motion carried by the following vote: 5 Ayes: Mann, Brenner and Browne (3) 6 Nays: None (0) 7 8 (Clerk's Note: The committee went into executive session from 3:15 p.m. to 3:55 p.m.) 9 10 Mann stated allow small scale slaughterhouse as an accessory use to the an agricultural 11 activity on that property or a contiguous parcel. 12 13 Brenner stated the farming community said that kind of activity would be a full -time 14 operation. She's not sure who could meet that threshold. 15 16 Browne stated the first obligation is public health and safety. Work from that to identify 17 areas that can provide adequate water and sewer treatment. 18 19 Mann asked staff to produce a map of critical aquifer recharge areas with their different 20 zones and frequently flooded areas. 21 22 Brenner stated make the use accessory to the zone, not the farm. She supports the use as 23 an administrative approval use. 24 25 Browne stated and there was discussion of allowing it as an accessory use for small 26 operations because they may already contribute to water pollution. He's concerned about an 27 operation that will further contribute to water pollution if there isn't an adequate history of waste 28 treatment. 29 30 Mann asked and there was discussion of whether the committee wants to limit the number 31 allowed in the agricultural zone and whether the facility should be U.S. Department of Agriculture 32 (USDA) certified. He asked and there was discussion of how big they should allow a facility to be 33 and whether they want to have some kind of geographic boundary within which the source animal 34 must grow and live. 35 36 Mann stated this item will be held in committee for either two or four weeks. He would like 37 staff to respond to today's comments. Prepare a memo or draft ordinance summarizing what 38 they've discussed today. He asked if staff can have this back in committee in two weeks. Staff 39 should work off of and revise the ordinance they talked about today. Frakes stated she will work 40 with Mr. Fleischmann to help him come up with language for the committee to consider in a couple 41 of weeks. Their direction has been clear. 42 43 Mann stated they will hold in committee for two weeks. He restated the list of requested 44 information to be brought forward in two weeks. 45 • They would like maps of frequently flooded areas and critical aquifer recharge areas, 46 including their different severity rankings. 47 • They had general consensus that animals can be from anywhere, including outside 48 Whatcom County, as long as it would be an accessory use to a land -based cultural 49 activity in the agricultural zone. 50 • It would require an administrative permit. 51 . There would be a limit of three in the county, in the agricultural zone. 52 . The County would not require them to be USDA. 53 • Square foot limits for the entire facility would be the limiting factor per facility, not 54 the size of the kill floor, which would be about 5,000 to 10,000 square feet. There is Planning and Development Committee, 3/25/2014, Page 2 concern that 5,000 square feet is not big enough, so he would like feedback on that from staff. Councilmember Brenner was the only councilmember who did not like the idea of it being an accessory use to an existing or ongoing farming operation. She wants it to be allowed as a stand -alone operation that is an accessory use to the zone. That option can be presented at the next meeting and voted on one way or another. Browne stated that if they are going to limit the number, it's more appropriate to limit the square footage. There could be three 500 square foot facilities, and that would be all allowed. Mann stated they can always raise the number allowed if they're all working well. If there is a total combined square footage, one facility may take up the entire amount allotted. Browne stated square footage, not the number of facilities, is a more relevant impact to the community. He would like to see information from staff about what other credible, reputable jurisdictions have done to enable their community to respond to issues regarding health and safety, land use, environmental, and market competition. He's looking for a good model that includes all those elements. Frakes stated those other jurisdictions haven't been challenged for slaughterhouses in their agricultural zones. Personius stated staff looked at all the other jurisdictions in the state, and they all require a conditional use permit process for slaughterhouses in the agricultural zone. Whatcom County has the most sophisticated slaughterhouse regulations in the agricultural zone of anyone in the country. Brenner stated she would like to know if every county in Washington State requires a conditional use permit for a small scale packinghouse operation. Personius stated they don't differentiate. There is simply a definition for a slaughterhouse, and they're either prohibited in the agricultural zone, or they're allowed mostly by conditional use. They're more typically found in industrial districts. When in rural areas outside of industrial districts, they were permitted years ago before the GMA. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 4:25 p.m. ATTEST: , Council Clerk -, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ken Mann, Committee Chair Planning and Development Committee, 3/25/2014, Page 3