HomeMy WebLinkAboutPlanning April 8 20141
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
April 8, 2014
CALL TO ORDER
Committee Chair Ken Mann called the meeting to order at 3:27 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(3:27:51 PM)
Present: Ken Mann, Barbara Brenner and Rud Browne.
Absent: None.
Also Present: Carl Weimer, Barry Buchanan and Sam Crawford.
COMMITTEE DISCUSSION
1. INTRODUCTORY BRIEFING ON THE 2016 CRITICAL AREAS ORDINANCE
UPDATE PROCESS AND SCHEDULE (AB2014 -150)
Cliff Strong, Planning and Development Services Department, referenced his memo
on Council packet page 167 and stated this is just to inform the committee of the process
and to invite councilmembers and public to comment. He described the scoping process,
plans for public outreach and participation, advisory committees involved in the process,
and timeline and schedule.
Brenner stated and there was discussion about not limiting comments.
Recommendations and concerns raised are helpful. They don't intend to cut people off or
limit people.
Mann stated and there was discussion of language that references plans for
prescreening, which may be misleading.
Browne stated and there was discussion about the staff being responsive to decisions
made by Council, minimizing the scope, and suggestions about prescreening. The Council
must decide what merits consideration, not staff. Any decision that risks critical areas is a
major policy decision. The Council must be aware of all information that comes forward.
Weimer asked and there was discussion of when the scoping will come to the Council
for approval. It's not listed on the schedule.
Crawford stated councilmembers were frustrated by language about prescreening
information before it comes to the Council. He asked for information about changes to legal
and scientific fields that will require amendments.
Planning and Development Committee, 4/8/2014, Page 1
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Mark Personius, Planning and Development Services Department, stated the intent of
prescreening is not to prescreen out anyone, but to review and evaluate the existing critical
areas ordinance (CAO). They aren't reinventing the CAO.
Crawford stated and there was discussion of addressing mitigation banking through
this process and whether there are resources to address all of the issues that may come up.
Browne stated he needs to see all the information from staff on potential issues,
required resources, and the recommended priority. He wants to see all the suggestions and
comments from the public so he can be responsive as an elected official. Also, change the
tone of the memo to reflect that the staff must respond to the Council. He would like to edit
the staff report.
Brenner stated change "electeds" to "council" in the memo.
Browne asked and there was discussion of why the Citizens' Advisory Committee is
an Executive - appointed committee and not a Council- appointed committee.
Mann stated Councilmember Browne will edit and amend the staff report and send it
to staff.
2. DISCUSSION REGARDING A PROPOSED INTERIM ORDINANCE RELATED TO
PACKINGHOUSE APPLICATIONS IN AGRICULTURE ZONES (AB2014 -060A)
(3:49:12 PM)
Brenner stated and there was discussion of limiting the total number of facilities
allowed, so it will work better with the State.
Browne asked what the changes are from the last meeting.
Joshua Fleischmann, Planning and Development Services Committee, described the
changes and stated they must amend Whatcom County Code (WCC) 20.69.131,
"Slaughterhouses and packinghouses."
The Committee concurred.
Mann asked and there was discussion of the difference between packinghouses and
slaughterhouses.
Brenner asked and there was discussion of the Lynden Meats operation and facility.
Mann stated he wants to amend to strike subsection 20.40.139(8). Only three small
operations will be allowed. They'll be accessory to an existing land -based operation. The
extra layer of subjectivity isn't necessary. Personius stated it is required by State law.
Browne asked and there was discussion of the smallest feasible size of a
packinghouse and whether they should limit the number of facilities to three.
Mann stated and there was discussion of the maps for certain sensitive areas and
whether they want to prohibit the uses in these sensitive areas. He asked where to put
language that would direct the use out of the sensitive areas and whether any rural
industrial manufacturing (RIM) zones are in any of the high susceptibility recharge areas.
Planning and Development Committee, 4/8/2014, Page 2
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Brenner stated she would like to allow no more than four packinghouses
cumulatively. Make a rule that a packinghouse that isn't operating for a certain length of
time would lose approval. It will be a solution for the State appeal issues.
Browne asked and there was discussion of how many packinghouses exist right now
and whether they're in the agricultural zone.
Karen Frakes, Prosecutor's Office, stated they can add language that allows three
additional packinghouses. She would be comfortable allowing up to five.
Mann moved to add a criterion that a packinghouse is not located in a 100 -year
floodplain or high susceptibility aquifer recharge area. Fleischmann stated these would be
allowed in a total of 22,551 acres.
Brenner stated allow the use in agricultural areas that aren't zoned agriculture, such
as in rural areas.
Browne asked and there was discussion of why they would allow any structure on
land with prime agricultural soils.
Brenner asked for a map that shows the location of agricultural protection overlay
(APO) soils.
The motion carried by the following vote:
Ayes: Mann, Brenner and Browne (3)
Nays: None (0)
Mann stated there is a difference between packinghouses and slaughterhouses in the
definition. He stated and there was discussions that with the other protections, they may
not need to restrict slaughterhouses from the agricultural zone.
Browne asked and there was discussion of what happens to the offal, including with
the mobile units, and whether there are concerns of contamination from the waste.
Mann moved to amend the agricultural zone in WCC 20.40.139 to allow
slaughterhouses as well as packinghouses, and they will have all the same criteria and
limitations. In section 20.40.193(9), make sure to include the reference to the
slaughterhouse definition.
The motion carried by the following vote:
Ayes: Mann, Brenner and Browne (3)
Nays: None (0)
Lorraine Newman stated land can be reconverted back to farmland, whether concrete
is removed or the land has become fallow. However, changing the water flow through land
makes conversion difficult. People want packinghouses. If three people develop
slaughterhouses, no packinghouses will be built. It's not clear that prohibiting the use from
a 100 -year flood plain would prevent any monumental damage. Know what the criterion
would save them from.
Wendy Harris stated the ordinance is unclear. Make the color maps available.
Slaughterhouses are a heavy impact use, and aren't allowed in light impact industrial zones.
Packinghouses are more intense than slaughterhouses. These uses should be in the
Planning and Development Committee, 4/8/2014, Page 3
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industrial zones because those zones have stricter environmental protections that don't
exist in the agricultural land. She is concerned with protecting prime agricultural soil. The
County is required to protect prime soils. Keep slaughterhouses away from where they
grow food. There is sufficient land available for slaughterhouses in the RIM zone. The
Kaiser Meats facility can handle all the slaughter for the county if it were scheduled
throughout the year. Agricultural land that has been used for slaughterhouses can't be
converted back to agricultural land. The County is required to protect flood lands. The
critical areas ordinance is to protect public health and safety. Write an ordinance that is
more coherent and post maps on a website so they're available to the public. Don't
fragment agricultural land. Don't rezone when they have an adequate supply in the RIM
zone.
Carole Perry stated she supports the recommendation from the Planning
Commission. Take the advice of the people on the Commission who include farmers and
others who have worked on this. The Planning Department did a great job.
Mann stated most of the concerns were about making it a conditional use permit in
the agricultural zone, but that's been removed. It's reasonable to prohibit the use in the
floodplain, because they don't want slaughterhouse waste unleashed if there is a flood.
Browne stated it's unlikely that land that's been developed can be returned to
agricultural land.
Brenner asked and there was discussion of whether different species can be
slaughtered at the same facility.
Mann stated the Committee would hold this item for one more meeting.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:01 p.m.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ken Mann, Committee Chair
Planning and Development Committee, 4/8/2014, Page 4