HomeMy WebLinkAboutPlanning May 21 20131 WHATCOM COUNTY COUNCIL
2 Planning and Development Committee
3
4 May 21, 2013
5
6
7
8 CALL TO ORDER
9
10 Committee Chair Bill Knutzen called the meeting to order at 3:00 p.m. in the
11 Council Chambers, 311 Grand Avenue, Bellingham, Washington.
12
13
14 ROLL CALL
15
16 (3 :01:46 PM)
17
18 Present: Ken Mann, Bill Knutzen and Barbara Brenner.
19 Absent: None.
20 Also Present: Carl Weimer.
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22
23 COMMITTEE DISCUSSION
24
25 1. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING THE
26 WHATCOM COUNTY CODE TO ALLOW PACKINGHOUSES IN THE
27 AGRICULTURE ZONING DISTRICT (AB2012 -300B)
28
29 Joshua Fleischmann, Planning and Development Services Department, submitted
30 and read from a presentation (on file, exhibit A).
31
32 Knutzen asked and there was discussion of whether any of the administrative
33 approval uses approved have been in the agricultural zone and if berry processing
34 facilities are an administrative approval use or an accessory use. Fleischmann stated it
35 depends on the number of employees. Fewer than 20 employees is an accessory use.
36
37 Knutzen asked if they can add that threshold to this ordinance. Fleischmann
38 stated it's been discussed many times, but it is somewhat arbitrary.
39
40 Brenner asked if there is a specification about a distance from a school. Have
41 certain setbacks from existing uses.
42
43 Mann stated keep setbacks that are consistent and clear.
44
45 Brenner asked if staff considered potential conflicts with organic farming.
46 Fleischmann stated there generally aren't conflicts, according to the State Department of
47 Agriculture. However, there may be concerns if a slaughtering facility over - sprays or
48 applies pesticides.
49
50 Brenner stated those concerns could exist with any neighbor of an organic farm,
51 regardless of whether or not it's a slaughter facility. That doesn't seem to be a big issue.
52 She would like a presentation on the rules about storage and groundwater.
Planning and Development Committee, 5/21/2013, Page 1
1
2 Mann stated he's received comments and concerns about alternative strategies.
3 He asked if they can create new rural industrial manufacturing (RIM) zones outside the
4 limited area of more intense rural development (LAMIRD) or a type III LAMIRD, whether
5 they will be allowed in critical areas or aquifer recharge areas, whether they have
6 established a parcel size guideline, whether slaughterhouses would be allowed in the
7 Drayton Harbor watershed, and whether they should include a maximum size for the
8 conditional uses.
9
10 Mark Personius, Planning and Development Services Department, answered
11 questions.
12
13 Brenner stated a concern is that they don't become like the big packinghouses
14 that exists in the Midwest. They should have a maximum size for a conditional use.
15
16 Henry Bierlink, Farm Friends, answered questions. There was never a maximum
17 size recommendation, but the concern exists.
18
19 Mann asked and there was discussion of whether the Agricultural Advisory
20 Committee considered packinghouses and whether mobile units are beneficial.
21
22 Weimer stated there are concerns about creating a loophole for creating very
23 large holding pens. He asked and there was discussion of whether that is covered under
24 the Department of Agriculture regulations, having setbacks from city limits, and whether
25 a packinghouse is allowed in any district other than an agricultural district.
26
27 Mann asked and there was discussion of why the setback is from other uses, not
28 from property lines.
29
30 Knutzen moved to amend section 20.80.255, "(4) The minimum separation
31 between packinghouses and adjacent property lines shall be 150 feet." Make the change
32 to both Exhibit A and Exhibit B.
33
34 The motion to amend carried by the following vote:
35 Ayes: Mann, Knutzen and Brenner (3)
36 Nays: None (0)
37
38 Mann moved to amend the 50 percent rule to 100 percent in section
39 20.40.114(2) in Exhibits A and B, "The facility process at least B-0 100 percent
40 agricultural goods produced in Whatcom County and Skagit County and that originate..."
41
42 Brenner suggested a friendly amendment that it be 75 percent and include
43 Skagit County.
44
45 Mann accepted the friendly amendment. There are plenty of local animals
46 available. Amend the 50 percent rule to 75 percent in section 20.40.114(2), "The facility
47 process at least -5-0 75 percent agricultural goods produced in Whatcom County and
48 Skagit County and that originate..."
49
50 Knutzen stated he is opposed to the amendment. Don't limit the facility.
51
52 Brenner asked for the statistics for livestock in Skagit County and Island County.
Planning and Development Committee, 5/21/2013, Page 2
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2 Knutzen stated and there was discussion of how they would determine whether a
3 cow originates in Whatcom County.
4
5 Mann asked staff to prepare a specific process for determining the origination of
6 the cows.
7
8 The motion to amend carried by the following vote:
9 Ayes: Mann and Brenner (2)
10 Nays: Knutzen (1)
11
12 Brenner stated and there was discussion about creating a limit to avoid creating a
13 concentrated animal feeding operation (CAFO) and creating a ceiling on the total
14 allowable building area for a conditional use.
15
16 Mann stated the purpose is not about controlling aesthetics. It's about controlling
17 traffic and pollution pathways. That's one of the few things they can enforce up front.
18 He moved to amend section 20.40.164(1) in Exhibits A and B, "The total allowable
19 building area is 10,000 square feet and no larger than 30,000 square feet."
20
21 The motion to amend carried by the following vote:
22 Ayes: Mann, Knutzen and Brenner (3)
23 Nays: None (0)
24
25 Knutzen moved to recommend introduction of Exhibit A with today's changes to
26 the full Council for introduction.
27
28 Mann asked and there was discussion of the differences between the option of
29 Exhibit A and the option of Exhibit B.
30
31 Knutzen stated take the language from Exhibit B about the approved State waste
32 discharge permit from the State Department of Ecology and put it into Exhibit A.
33
34 Brenner asked and there was discussion of whether there is a difference in design
35 and location criteria if an administrative approval use.
36
37 Amy Keenan, Planning and Development Services Department, answered
38 questions and stated the administrative approval process has pre - planning assistance
39 from staff. In the accessory use process, the developer brings in a complete plan to
40 staff.
41
42 Knutzen moved to amend to add language from Exhibit B, section 20.40.139(7)
43 into Exhibit A, section 20.40.114(5), "... Whatcom County Health Department and an
44 approved state waste discharge permit from the Washington State Department of
45 Ecology that complies with WAC 173 -216, WAC 173 -226 industrial stormwater permit
46 (general permits), and /or an NPDES Permit (RCW 90.48 and WAC 173 -220), if required
47 by the Washington State Department of Ecology)."
48
49 The motion to amend carried by the following vote:
50 Ayes: Mann, Knutzen and Brenner (3)
51 Nays: None (0)
52
Planning and Development Committee, 5/21/2013, Page 3
1 Mann stated he doesn't agree with Exhibit B, and will vote against the motion.
2
3 The motion to recommend introduction as amended carried by the following vote:
4 Ayes: Knutzen and Brenner (2)
5 Nays: Mann (1)
6
7 Wendy Harris stated the supply and demand analysis had a lot of guesses, and
8 she has concerns about it. Also, don't guess about how to cap conditional use.
9 Agricultural land is not for slaughterhouses and packinghouses, which is food processing.
10 If there is no other appropriate zone, they need to create one. She would like to know if
11 it's economically feasible for there to be a packinghouse or slaughterhouse. To allow
12 farmers an extra value, make this a real accessory use, which is accessory to the primary
13 use of the farm. Only someone who is farming can have a slaughter facility. Staff didn't
14 have a good answer about how they are protecting critical areas.
15
16 2. DISCUSSION OF AGRICULTURE STRATEGIC PLAN IMPLEMENTATION —
17 AGRICULTURE AREA AMENDMENTS (AB2013 -128) (4 :32 :18 PM)
18
19 Amy Keenan, Planning and Development Services Department, submitted and
20 read from a presentation (on file, exhibit 8).
21
22 Samya Lutz, Planning and Development Services Department, continued the
23 presentation on the agricultural strategic plan.
24
25 (4 :48 :25 PM)
26
27 Henry Bierlink, Farm Friends, stated a lot of people have put a lot of work into
28 this. This does not create any new development rights. It's possible that development
29 may accelerate, but the ability to develop already exists. Build where farmers do it
30 themselves voluntarily on the least desirable places for farming. If abused, it's possible
31 to revisit it. He doesn't believe it will be abused. They won't see massive amounts of
32 building on agricultural land, but building will happen because those rights exist.
33
34 Kate Blystone, Futurewise, stated she thought this was to be set aside in favor of
35 a transfer of development rights (TDR) program. This tool only harbors development
36 rights. It doesn't extinguish them. She referenced her letter for her recommendations.
37 She is concerned there would be a flood of applications if there is a monitoring program.
38 Tie this tool with a TDR program.
39
40 Brenner stated have the program with this language for a year to see what
41 happens. Add language that says they can have a moratorium if this accelerates
42 residential growth. She likes the language.
43
44 Knutzen stated they will talk more about this in Committee of the Whole.
45 Councilmember Brenner should work on her wording on the monitoring issue. Have s six
46 month monitoring program.
47
48
49 OTHER BUSINESS
50
51 There was no other business.
52
Planning and Development Committee, 5/21/2013, Page 4
1 ADJOURN
2
3 The meeting adjourned at 5:00 p.m.
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5
6 ATTEST: WHATCOM COUNTY COUNCIL
7 WHATCOM COUNTY, WASHINGTON
8
9
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council(§-,o.w hatcom .wa.us
Planning and Development Committee, 5/21/2013, Page 5