HomeMy WebLinkAboutPlanning October 23 20121
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
October 23, 2012
CALL TO ORDER
Committee Chair Bill Knutzen called the meeting to order at 3:02 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(3:02:00 PM)
Present: Ken Mann, Bill Knutzen and Barbara Brenner.
Absent: None.
Also Present: Pete Kremen, Carl Weimer and Kathy Kershner.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING PROPOSED ZONING AMENDMENTS TO ALLOW
AGRICULTURAL SLAUGHTERING FACILITIES IN THE AGRICULTURE ZONING
DISTRICT (AB2012 -300)
Joshua Fleischmann, Planning and Development Services Department, gave a staff
report about metrics in which to determine small scale versus large scale related to
accessory or permitted uses and also about edible versus inedible rendering.
Mark Personious, Planning and Development Services Department, answered
questions.
Mann asked and there was discussion of the definition of "incidental" rendering.
Brenner stated and there was discussion of:
• Defining edible rendering versus processing parts for food
• Amending language in section 20.40.100(3), "...unreasonably infringe upon the
use and the enjoyment of the adjacent property...."
• Amending language about not emitting cooking vapors.
Knutzen stated and there was discussion of having a process by which someone can
make a complaint.
Mann asked and there was discussion of who interprets whether a use infringes on
an adjacent property when an adjacent property owner files a complaint and of measuring
smell.
Knutzen moved to amend 20.40.100(3) and in 20.40.150(3) "...unreasonably
infringe upon the use and enjeyng of the adjacent property..."
Planning and Development Committee, 10/23/2012, Page 1
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The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Brenner moved and there was discussion of amending 20.97.107 "Edible
Processing for food is the FendeFing processing of products for human consumption. The
edible rendering process shall not emit cooking vapors." Rendering should only refer to
anything inedible.
Mann stated keep the industry definitions.
The motion failed by the following vote:
Ayes: Brenner (1)
Nays: Mann and Knutzen (2)
Mann asked and there was discussion of defining "facility" in subsection (2).
Personious stated it is a structure, not a driveway or road. It would be anything for which a
building permit is needed.
Knutzen asked and was discussion about whether the use can be permitted in the
agricultural zone. Personious stated there is greater legal protection for non - agricultural
uses on agricultural lands as an accessory use, according to the Growth Management Act
(GMA).
Brenner stated and there was discussion of the use not being a non - agricultural use.
Personious stated he agrees, but they would have to argue that a slaughterhouse is a part
of production. Statutory language says production is for food and fiber, and food and fiber
are dependent on the land. They can argue that raising the livestock depends on the land,
but it's hard to argue that slaughter is dependant on the land.
Kershner asked and there was discussion of the practical difference by making it an
accessory use as opposed to a permitted use. Personious said the legislature broadened the
guidelines to allow farmers to do more things on their land besides growing food and fiber.
Some non - agricultural uses are allowed, but extremely limited and don't convert any land to
a non - resource use. A permanent building takes the land out of potential production of
crops. They must be careful not to convert resource land to a non - resource use. That's
why he recommends it be an accessory use, not a permitted use. There is no practical
difference for the farmer or landowner. Because of the expanded GMA guideline, the code
reinterprets accessory uses so they must now be accessory to the use of the zone, not the
use of the property.
Mann stated put that in the findings to strengthen the argument.
Kershner referenced the 15,000 square feet threshold. She asked and there was
discussion of whether anyone talked to the folks who want to put together the meat co -op.
Brenner stated and there was discussion of how a commercial slaughterhouse use
can't be successful if the land must also be farmed.
Kershner asked and there was discussion of the permitting process.
Knutzen stated and there was discussion the effect of a permitted use versus an
accessory use in terms of bank financing.
Planning and Development Committee, 10/23/2012, Page 2
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Brenner asked and there was discussion of whether the Right -to -Farm ordinance
applies to accessory uses.
Mann moved to amend sections 20.40.114 and 20.40.164, "...not interfere with;
the overall agricultural use...." Personious stated this
language mirrors statutory language. If the use is permitted, have a finding to define
slaughtering facilities as part and parcel of agricultural production and not a conversion of a
resource land to a non - resource use.
Mann stated he supports that finding. He withdrew his motion.
Brenner moved to make it a permitted use in the agricultural zone.
Kremen asked and there was discussion about the legal standing the County would
have if the permitted use is challenged.
Kershner stated councilmembers can't ask planning staff for legal advise.
Personious stated legal counsel advised making the use an accessory use, not a
permitted use.
Kremen asked and there was discussion about the actual permitting processes being
the same.
Weimer stated he won't support the use as a permitted use because of the advice
from legal counsel.
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann moved to amend sections 20.40.114 and 20.40.164, "...not interfere with;
the overall agricultural use...."
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann referenced section 20.97.010.2 and asked if the definition includes mobile
slaughtering sites. Fleischmann stated that was the Planning Commission's intent.
Brenner moved to amend 20.97.107, '...human consumption. The edible FendeFing
Mann asked and there was discussion about cooking vapors produced by a
slaughtering facility.
Gabriel Claycamp stated there will be cooking vapors as part of the edible rendering
process.
Planning and Development Committee, 10/23/2012, Page 3
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The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann moved to add a sentence to explain what incidental means to section
20.97.107, "...for human consumption. "Incidental rendering" is exclusively the rendering of
products slaughtered onsite."
Mann stated and there was discussion about mobile units not being able to do
incidental edible rendering. They only want to render things that are slaughtered as part of
that facility. He amended the motion and moved to add a sentence to explain what
incidental means to section 20.97.107, "...for human consumption. "Incidental rendering" is
exclusively the rendering of products slaughtered by the agricultural slaughtering facility."
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann moved to recommend introduction to the full Council as amended
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 3:58 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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, 10/23/2012, Page 4