HomeMy WebLinkAboutPlanning June 3 20141
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
June 3, 2014
CALL TO ORDER
Committee Chair Ken Mann called the meeting to order at 3:12 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(3:14:03 PM)
Present: Ken Mann, Barbara Brenner and Rud Browne.
Absent: None.
Also Present: Carl Weimer.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. ORDINANCE REPEALING THE 1994 ELIZA ISLAND PLAN AND AMENDING
PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
ZONING CODE RELATING TO THE PLAN (AB2014 -196)
Matt Aamot, Planning and Development Services Department, gave a staff report on
this item and the following two items. The intent is to repeal these subarea plans in favor of
the countywide Comprehensive Plan.
Mann asked and there was discussion about whether there was any public testimony
at the Planning Commission on these items and the Planning Commission recommendation.
Brenner moved to recommend forwarding for concurrent review to the full Council.
The motion carried by the following vote:
Ayes: Mann, Brenner and Browne (3)
Nays: None (0)
2. ORDINANCE REPEALING THE 1991 SOUTH FORK VALLEY SUBAREA PLAN
AND AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE
PLAN RELATING TO SUBAREA PLANS (AB2014 -197) (3:17:04 PM)
(Clerk's Note: See agenda item one for staff report.)
Brenner moved to recommend forwarding for concurrent review to the full Council.
The motion carried by the following vote:
Ayes: Mann, Brenner and Browne (3)
Nays: None (0)
Planning and Development Committee, 6/3/2014, Page 1
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3. ORDINANCE REPEALING THE 1982 LAKE WHATCOM SUBAREA PLAN AND
AMENDING PROVISIONS IN THE WHATCOM COUNTY COMPREHENSIVE PLAN
RELATING TO SUBAREA PLANS (AB2014 -198) (3 :17:14 PM)
(Clerk's Note: See agenda item one for staff report.)
Brenner moved to recommend forwarding for concurrent review to the full Council.
The motion carried by the following vote:
Ayes: Mann, Brenner and Browne (3)
Nays: None (0)
COMMITTEE DISCUSSION
I. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 TO ALLOW
PACKINGHOUSES AND SLAUGHTERHOUSES IN THE AGRICULTURE (AG),
HIGH IMPACT INDUSTRIAL (HII), AND RURAL AND INDUSTRIAL
MANUFACTURING (RIM) ZONING DISTRICTS (AB2014 -060C) (3 :17 :35 PM)
Mark Personius, Planning and Development Services Department, gave a staff report
and stated staff needed to ensure the record reflects review of State Environmental Policy
Act (SEPA) determination of non - significance (DNS). Even though the proposal has evolved
over time, it doesn't change the SEPA designation. He described the most recent changes.
Mann moved to recommend introduction to the full Council with an amendment to
remove the criterion establishing a total allowable number of operations, remove the
criterion for it to be an accessory use, and make it a conditional use instead of an
administrative use. It will be conditional in the agricultural zone, there would be no limit to
how many operations are allowed, and it would not have to be an accessory use. This was
the original applicant request. Historically this started because an applicant wanted a
conditional use permit in the agricultural zone. These criteria are reasonable for
slaughterhouses in the agricultural zone. If someone wants an easier pathway, they can go
to the rural industrial manufacturing (RIM) zone or industrial zone. Be extra cautious in the
agricultural zone.
Brenner suggested a friendly amendment that those conditions apply only to
operations over 7,000 square feet.
Mann did not accept the friendly amendment. In his proposal, nothing in the
agricultural zone is over 7,000 square feet. If the cost of a conditional use permit is
keeping someone from making this happen, they won't have the capacity to actually
operate such a facility, which is expensive to operate. Administrative permits can be
appealed to the Hearing Examiner. He stated and there was discussion of allowing small
facilities to be administratively approved.
Browne stated he is opposed to a change at this late hour. He doesn't like arbitrary
decision - making without supporting facts and data.
Planning and Development Committee, 6/3/2014, Page 2
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Mann stated his threshold of 7,000 square feet was determined originally by former
Councilmember Knutzen, who talked to the farmers about the size of a reasonable operation
in the agricultural zone.
Brenner moved to amend the motion to allow a slaughterhouse that is 2,500
square feet or less to be an administrative approval use and an accessory use.
Mann stated he is opposed to Councilmember Brenner's motion. He has a draft
ordinance ready to go that includes his proposed amendments. This change to make it a
conditional use was the original proposal from the applicant, and staff originally
recommended a conditional use process. The Planning Commission expanded the
ordinance. This is about what the County is capable of monitoring. This is better because
the administrative permit process limits the number of facilities to three. Councilmember
Browne has said that setting a cap on a capitalistic endeavor is contrary to good business
principles. Also, enforcing it will be difficult and confusing. Requiring a small operator to
also run a farm is too much. A conditional use is the smartest, cleanest, and most prudent
option.
Browne stated the square footage should be based on the number of animals that
need to be slaughtered in the county. That number reflects the demand and is not
arbitrary. The square footage should relate to the amount of square footage necessary to
slaughter the animals in Whatcom County.
Mann stated and there was discussion about the best criteria for setting a size
threshold that is not arbitrary, letting the market decide the how many businesses there will
be, and creating a government oversight process through a conditional use permit.
Councilmember Brenner's motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann (1)
Abstain: Browne (1)
Brenner stated she can't support it if small facilities aren't administratively
approved.
Browne stated he doesn't like the one -year limit because there are life events that
could cause someone to cease operations for a year, such as ill- health.
Mann stated his proposal does not include that requirement. He described the
changes between the current proposal in the packet and his proposed ordinance.
Councilmember Mann's motion carried by the following vote:
Ayes: Mann and Browne (2)
Nays: Brenner (1)
OTHER BUSINESS
There was no other business.
Planning and Development Committee, 6/3/2014, Page 3
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ADJOURN
The meeting adjourned at 3:40 p.m.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ken Mann, Committee Chair
Planning and Development Committee, 6/3/2014, Page 4