HomeMy WebLinkAboutPlanning November 9 20111
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
November 9, 2011
CALL TO ORDER
Committee Chair Bill Knutzen called the meeting to order at 3:15 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Ken Mann, Bill Knutzen and Barbara Brenner.
Absent: None.
Also Present: Tony Larson and Sam Crawford.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING WHATCOM
COUNTY CODE 20.14 WIND ENERGY SYSTEMS (AB2011 -223)
Wain Harrison, Planning and Development Services Department, read through the
staff report in the Council packet.
(3:20: 01 PM)
Brenner stated and there was discussion of:
• How they must have a 2,500 foot setback from zones that allow homes.
• Protecting businesses from other businesses potentially blocking wind.
Mann stated and there was discussion of section 20.14.060 and using C- weighted
measurements and ambient noise.
Mann moved to amend section 20.14.060 Sound Levels and Measurement, ".061
(2) Audible sound is not to exceed 20dba above ambient background noise or 55dba,
whichever is greater, at any point beyond the property line."
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann moved to amend section 20.14.060 Sound Levels and Measurement, ".061
(2) Audible... point beyond the property line. Detectable infrastructure or C- weighted sound
pressure is not to exceed 20 dB(c) above ambient background noise or a maximum of 45
dB(c), whichever is greater, except that there is no infrasound or C- weighted sound
pressure requirements at property lines adjacent to CF and HII zones."
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Planning and Development Committee, 11/9/2011, Page 1
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Mann moved to amend .062 ".061 (2) Audible sound is not to exceed 20dba above
ambient background noise or 45dba, whichever is greater, at any point beyond the property
line."
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann moved to amend .062, "Detectable infrastructure or C- weighted sound
pressure is not to exceed 20 dB(c) above ambient background noise or a maximum of 45
dB(c), whichever is greater, except that there is no infrasound or C- weighted sound
pressure requirements at property lines adjacent to CF and HII zones."
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Brenner moved amend .052, the setbacks table, to increase setbacks for WES from
1.5 times the total height to 2,500 feet when it abuts zoning that allows homes, such as
rural, one unit per five acres and rural forestry. Add language, °2,500 foot setback adjacent
to any zones except commercial forestry and heavy impact industrial."
The motion carried by the following vote:
Ayes: Knutzen and Brenner (2)
Nays: Mann (1)
Mann moved to delete .080 and .081 and substituting the following language:
• "20.14.08x Sound modeling and measurements. 20.14.081 Sound
Modeling. As part of the conditional use permit process, all WES proponents
shall provide a report, by a qualified independent acoustical consultant
approved by Whatcom County PDS and in accordance with standard industry
best practices, that models the sound transmission of the proposed WES at
the project property lines and indicates that the WES, when operated
properly, will conform to the sound performance requirements of this
ordinance."
• "20.14.08x Sound Measurement. Within 12 months of a WES project
becoming operational, WES project owners shall provide a report, by a
qualified independent acoustical consultant approved by Whatcom County
PDS and in accordance with standard industry best practices, that measures
the sound transmission of the WES installation and verifies that the WES is
adhering to the sound performance requirements of this ordinance and its
permits. Post - construction sound level measurements shall be taken with all
WES running. If ambient background sounds are significant to determining
compliance, then, at the discretion of the consultant, a second round of
measurements may be taken with WES turned off. The project owner is
responsible for funding this study."
The motion carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Knutzen stated they will hold this in committee for two weeks. Any proposed
changes should be submitted in writing.
Planning and Development Committee, 11/9/2011, Page 2
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Harrison referenced and there was discussion of section .104 and a suggested
amendment from Councilmember Mann.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL (4:00:43 PM)
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
AND APPROVAL OF A DEVELOPMENT AGREEMENT FOR APPROXIMATELY 552
ACRES IN THE SMITH ROAD /GUIDE MERIDIAN AREA (CAITAC USA) FROM
R10A TO RSA (AB2011 -345)
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2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
AND APPROVAL OF A DEVELOPMENT AGREEMENT FOR APPROXIMATELY 9
ACRES IN THE SMITH ROAD /GUIDE MERIDIAN AREA (CAITAC USA) FROM
R10A TO TOURIST COMMERCIAL (TC), AND AMENDING THE
COMPREHENSIVE PLAN LAND USE DESIGNATION FROM RURAL TO RURAL
TOURISM (AB2011 -346)
Tyler Schroeder, Planning and Development Services Department, gave a staff report
and submitted handouts (on file).
wells.
Brenner asked and there was discussion of how clustering works with the exempt
Schroeder continued the staff report.
Knutzen asked whether they can work out a solution with property owners that
involves a purchase of development rights (PDR) program.
Brenner asked and there was discussion of whether they can use exempt wells.
Schroeder continued the staff report.
Mann asked and there was discussion of the public benefit.
Brenner asked and there was discussion of which comes first, road development or
housing development.
Schroeder concluded the staff report.
The following people spoke:
• Robert Carmichael, Caitac attorney, referenced information he submitted
earlier (on file). He explained clustering requirements, public benefits, the
rural zoning, and a Hearing Examiner finding. He discussed the tourist
commercial zone request and the water budget for both rezone requests.
Brenner asked and there was discussion of water rights and clustering.
Knutzen asked if they will use some of the development rights to add rooms to the
hotel in the tourist commercial zone.
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Larson asked and there was discussion of how the rezones meet the tests for rural
development.
Mann asked and there was discussion of the public benefit of the upzone from rural,
one unit per ten acres (R10A) to rural, one unit per five acres (R5A).
item.
Linda Twitchell described the public benefit to clustering.
Mann moved to recommend that the Council hold a public hearing on the first item.
The motion on item one (AB2011 -345) carried by the following vote:
Ayes: Mann, Knutzen and Brenner (3)
Nays: None (0)
Mann moved to recommend that the Council hold a public hearing on the second
The motion on item two (AB2011 -346) carried by the following vote:
Ayes: Mann and Knutzen (2)
Nays: Brenner (1)
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:00 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.whatcom.wa.us
Planning and Development Committee, 11/9/2011, Page 4