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