HomeMy WebLinkAboutPlanning February 22 20051
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Planning and Development Committee
February 22, 2005
Committee Chair Seth Fleetwood called the meeting to order at 3:12 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Dan McShane
Also Present:
Sam Crawford
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
2. ORDINANCE AMENDING TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, SPECIFICALLY THE ADDITION OF CHAPTER
20.15 — MUSHROOM SUBSTRATE PRODUCTION FACILITIES SITING
REQUIREMENTS, ESTABLISHING LOCATIONAL CRITERIA AND
ZONING DISTRICTS IN WHICH SUCH FACILITIES WILL BE ALLOWED
(AB2005 -105)
Crawford stated it has been brought to his attention that the neighborhood
folks have an attorney who developed legal rationale for the Council reaching a
different conclusion from the staff recommendation. He asked for assurance that
this be delayed for two weeks. He would like to hear the arguments.
Fleetwood stated staff made it clear that time is not an issue.
Kraig Olason, Senior Planner, stated it's fine to delay the issue.
Matt Aamot, Senior Planner, stated the committee should consider how long
it will take to get these through committee.
Fleetwood stated the Council is not meeting again until March 15. On that
day, the committee will try to wrap up the Comprehensive Plan elements. The
committee may not get to this until March 29.
Crawford stated he's not as concerned about the zoning aspects as he is
about the legal aspects of whether they can include certain zoning criteria. It's
almost a legal argument. One option is to have a Committee of the Whole session
at 6:00 p.m. to hear both sides of the legal argument.
Planning and Development Committee, 2/22/2005, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated the proponent's attorney proposed language. It costs the
proponent money for the attorney to come in. The attorney is Bob Carmichael.
The Council should be able to take their word that he proposed this language rather
than having come in. This ordinance needs to be worked out during a Planning
Committee meeting. It probably won't be decided today anyway.
Fleetwood stated the committee won't get around to final action today,
anyway.
(Clerk's Note: Discussion continued below.)
COMMITTEE DISCUSSION
1. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
AMENDMENTS FOR 2005 (AB2005 -084)
Docket #2005 -F: Cherry Point UGA Expansion
Matt Aamot, Senior Planner, showed a map of the location. The proposal
adds 20 acres to the Cherry Point urban growth area (UGA) and rezone it from
rural, one unit per five acres (R5A) to light impact industrial (LII). There are fields,
trees, and scattered residences to the north and east. The Conoco Philips Refinery
is to the west and the Tenaska cogeneration facility is to the south west. Tenaska
owns a wooded area to the south.
Fleetwood stated the Council constantly and incrementally expands and re-
designates areas that were once rural, a little at a time. He asked if Lake Terrell
Road is a natural border between industry and areas that are not industry.
Everything industrial is to the west of Lake Terrell Road and everything rural is to
the east of Lake Terrell Road.
Aamot stated there are aquifer recharge areas on the site. There are no
mapped wetlands or streams. The Terasen pipeline bisects the site and terminates
near the western edge of the site. There are lines off from that that are owned by
Conoco and British - Petroleum (BP). A Cascade Natural Gas line goes up Lake
Terrell Road on the western boundary of the site. The Olympic pipeline is to the
south. There are no mapped steep slopes. There are no wellhead protection areas
on the site.
Fleetwood asked why it is needed for expansion. Aamot stated Terasen
Pipelines put in an application. They may make improvements on the site over
time, including metering, a containment tank, and office building.
Dick Gilda, Jensen Road, Bellingham, stated Patrick Davis, Supervisor of the
Laurel Station and Bob Love, Canada Lands Manager, is present. In the 1950's, the
Planning and Development Committee, 2/22/2005, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Laurel area was surrounded by Northwest Road, Noon, Road, Pole Road, and Kelly
Road. Now, it's changed.
Patrick Davis, Terasen Pipelines, presented information on what is on the
existing property right now (on file). It's basically a scrapper trap site for the end
of the pipeline before it goes into the refinery. The information includes a proposed
building, approximately the same size and height as the existing Laurel Station.
They've contacted and talked to individuals on surrounding properties about the
rezone.
The purpose of the rezone is to upgrade the existing facility to a metering
transfer facility, to benefit health, safety, and environment. This is the last site
they need to upgrade in their 60 miles of pipeline. All other locations have been
upgraded to have covering and containment for all above - ground piping. They've
vaulted all the mainline valves and check valves. The only thing left in the ground
after they do this is pipe. Everything else is above ground on containment with
covering. If there is any leak, it's detected immediately and goes to the control
center.
It's a more effective way to account for crude oil deliveries. At the Lake
Terrell Road site, the road was widened and brought closer to the existing facilities
and crude oil vapors during maintenance. The County purchased a couple of acres
for a retention pond when it widened the road. There are about 18 acres left. Two
acres would be left in a wetland area for wildlife habitat. The project will cover only
about two acres.
The rezone will bring into compliance from R5A to LII, which will help create
the needed transition buffer, as mentioned in the Comprehensive Plan and Growth
Management Act (GMA). The area is zoned heavy industrial on one side and R5A
on the other side. This property has always had a pipeline on it. The site would be
used as light industrial.
They've opened up communication with neighbors within one - quarter mile of
this property. All those contacted have been receptive to this rezoning plan and
appreciate being included in the process. He plans to continue working with
neighbors and the County Planning Department to create needed buffers, if the
proposal is docketed. Project timing is parallel with this proposal.
The meter upgrade project will allow them to continue to provide crude oil to
the Cherry Point refinery in a safe, efficient, and environmentally friendly way. The
rezone will bring them into compliance with the GMA and Comprehensive Plan. It
will keep up with ever - changing new and better technology. His company is trying
to make the system better. This site is the last with buried valves. He wants to
bring them above ground for maintenance purposes.
Brenner asked if they are feeding fuel to Conoco. Davis stated they provide
crude oil from Edmonton, Alberta to Conoco and BP.
Planning and Development Committee, 2/22/2005, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner asked if they are allowed to set up that same kind of thing on their
property. Davis stated he hasn't asked them. His company has owned this
property for a long time. The thought was to just get set up where it is now.
Brenner stated zoning is supposed to have clean lines as much as possible.
This is a little appendage away from the line. She asked why it couldn't be on the
other side. Davis stated they are doing their business. He's doing his business.
There is not the facilities to do it without moving out of the current location where
the pipe is because of the tank's proximity. He indicated the location on the map.
Brenner asked if the joints of the pipeline are already there. Davis stated
they are.
Fleetwood asked about rezoning the area to bring it into compliance. He
asked if it is not in compliance now. Davis stated Ferndale is growing. There is no
light industrial next to the heavy industrial zone.
Gilda stated according to GMA and the Comprehensive Plan, there should be
a buffer between land zoned heavy industrial and land zoned residential. For some
reason, this area has been overlooked for some time. Only the LII zone makes
sense.
Brenner asked if LII should go all the way around the heavy impact industrial
(HII) zone. Gilda stated that if they were to go by the letter of the law, that's the
way it should be. They didn't solicit all the neighbors to see if they want to go in.
He and Mr. Davis talked to the neighbors to find out if they had objections. A
number of the neighbors thought that area was already industrial land.
McShane stated one line is used to fill the tanks. A spur line goes to the old
Arco refinery. Davis stated that is BP's lines. The company discontinued using his
company until now, when heavy crude oils are coming down. They're just
transporting only, not selling. Heavy Canadian crude oils are coming now. Before,
interested in the light crude oil.
McShane asked if the line would need to go through this scraper trap. Davis
stated a scraper trap is a tool to run through the pipeline before it goes into the
tank. They would also add a metering facility. Buried valves that he'd like to bring
up for ease of maintenance are currently in the ground. There would be full
containment, and leaks would be detected and wouldn't go into the ground. His
company built one at Anacortes. The picture of the Laurel facility is what that
building would look like.
Brenner moved to recommend docketing this item to the full Council.
Fleetwood asked staff's recommendation. Aamot stated staff has no
objection.
Planning and Development Committee, 2/22/2005, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane asked if the current use is nonconforming and no exception could
be made under the rural zone for this upgrade. Aamot stated the company would
have to get a conditional use permit for expansion of a nonconforming use.
Fleetwood stated if this use could be permitted if it was across the road.
Aamot stated a zoning amendment would make that explicit. It would be permitted
outright on LII land.
McShane asked if it is possible to approve the use on rural land that already
has a pipeline on it. Aamot stated the nonconforming provisions allow expansion of
a nonconforming use. They may be able to apply in that process.
McShane stated he's concerned about this large a parcel being rezoned into
light impact industrial. It seems R5A or agriculture would be a better buffer around
heavy industrial zones. The request is to rezone 20 acres for some use that has a
fairly small footprint. He would rather approve a conditional use permit expansion
than a rezone. That is a lot of acreage that is currently being farmed.
Brenner stated the Comprehensive Plan says that the buffer between HII and
residential zones is LII. This proposal fits with that provision.
Motion failed 1 -2 with Brenner in favor.
Docket #2005 -S: Appendix G, Transportation Impact Fee Background Info.
Aamot stated the County Council adopted two ordinances in 2003 to begin
the process of developing a transportation impact fee ordinance. The Council
incorporated impact fee background information in Appendix G of the
Comprehensive Plan, which is required by the State before an impact fee ordinance
can be adopted. This year, they may have updated traffic amounts and projections
from the Council of Governments (COG). Staff wants to update Appendix G to
make sure it continues to provide a firm foundation for the transportation impact
fee ordinance when it's brought forward.
Brenner stated there is no background information in the packet. Aamot
stated staff and the Council will get more information on traffic counts, model
results, and other information later in the year.
Fleetwood moved to recommend to the full Council docketing this item.
Motion carried unanimously.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
Planning and Development Committee, 2/22/2005, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE BY THE ADDITION
OF A NEW SECTION TO WHATCOM COUNTY CODE, TITLE 16,
ENVIRONMENT, CHAPTER 16.28 — MANURE AND AGRICULTURAL
NUTRIENT MANAGEMENT, SECTION 16.28.045 — APPEALS AND
ADDITION OF NEW LANGUAGE TO WHATCOM COUNTY CODE, TITLE
20, ZONING, CHAPTER 20.92 — HEARING EXAMINER, SECTION
20.92.210 — FINAL DECISIONS (AB2005 -104)
Kraig Olason, Senior Planner, stated a scrivener's error has been discovered.
One has to do with the manure management ordinance. There wasn't originally an
opportunity to file an appeal of an administrative decision. This ordinance adds
that opportunity to the County code.
The second change adds Title 16 to the Hearing Examiner's list of final
decisions. It was inadvertently left out.
Brenner moved to recommend approval to the full Council.
Motion carried unanimously.
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.80 TO DESIGNATE THE BIRCH
BAY WATERSHED AS A STORMWATER SPECIAL DISTRICT AND A
WATER RESOURCE SPECIAL MANAGEMENT AREA (AB2005 -106)
Amy Pederson, Planner II, stated this proposed ordinance implements a
permanent text amendment to add Birch Bay as a stormwater special district and a
special management area with the exception of the provisions for tree retention and
seasonal land clearing.
McShane moved to recommend approval to the full Council.
Motion carried unanimously.
2. ORDINANCE AMENDING TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, SPECIFICALLY THE ADDITION OF CHAPTER
20.15 — MUSHROOM SUBSTRATE PRODUCTION FACILITIES SITING
REQUIREMENTS, ESTABLISHING LOCATIONAL CRITERIA AND
ZONING DISTRICTS IN WHICH SUCH FACILITIES WILL BE ALLOWED
(AB2005 -105)
Kraig Olason, Senior Planner, gave a staff report and stated they tried to fill
in the blanks between the Health Department ordinance to regulate the facility and
a Planning Department ordinance on siting. The key features to the ordinance
include definitions for where the facility is located on a site and what a mushroom
substrate production facility is. They've distinguished the difference between on-
farm and commercial facilities.
Planning and Development Committee, 2/22/2005, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Buffers to various adjacent zoning districts and setbacks from specific
properties are identified. A commercial facility is to be located in the heavy impact
industrial zone.
Staff talked about whether substrate production facilities belong in the
agricultural zone. They decided to require anyone in the agricultural zone to grow
mushrooms onsite to have a substrate facility. Anyone can grow mushrooms
without producing substrate, and wouldn't be subject to this ordinance.
There was discussion on whether substrate production is considered farming.
There is case law that says substrate production is a commercial operation and that
the activity is a manufacturing activity. When production is being done onsite, it's
similar to a nursery business that mixes its own potting soil and grows its own
plants. The problem with odor comes from mushroom substrate production, not
growing mushrooms or the final product.
He showed examples of buffer and setback requirements.
Brenner stated the buffer is different for rural zones and rural forestry zones.
However, the people in these zones are all being impacted. She would rather have
the buffers the same in both zones. Olason stated the rationale for the difference is
because the purpose for the rural zone is divided between agriculture, forestry, and
residential use. The rural forestry zone is a designated resource land. They
intentionally tend to be more supportive of resource use. The others are primarily
residential in nature.
Brenner stated the people who have greatly impacted by this use all seem to
live in rural and rural forestry zones. She assumes many of them live over 1,000
feet away from the facility. She asked the problem with having one buffer instead
of two. Olason stated that is a policy decision. He tried to use intended uses as a
basis for deciding whether or not it is primarily residential. He interprets the code
to be more of a resource activity area than strictly residential.
Brenner stated the odor has a public health impact. She asked if 1,000 feet
will make it better. Olason stated that if the facility really stinks, the distance won't
make a difference. Another feature of this ordinance is that they're requiring indoor
production. If indoor production doesn't work, then 1,000 feet is probably not
enough. Everyone seems to think indoor production works. Another feature is
limiting the amount of allowed yardage. There are a number of safeguards that
weren't thought about when those first proposals came forward. They're trying to
use buffering to a point. They're relying on a lot more than ever on oversight from
the Health Department to track and monitor the facility.
Brenner stated indoor sites still produce a problem, even though it's not as
bad. Since those are the zones where the complaints came from, she would like to
have one buffer.
Planning and Development Committee, 2/22/2005, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Fleetwood stated there was a request to defer this discussion until later.
People who want to speak today are welcome to.
Olason stated this ordinance exempts the existing production facility from the
setbacks. They will never meet those setbacks, even if they went indoors.
McShane stated it would be worthwhile to see the slideshow. He hesitates
moving forward because of the new information that Mr. Olason has not even seen.
It looks like Bob Carmichael suggested changes in a redline /strikeout version of the
ordinance (on file).
(Clerk's Note: End of tape one, side A.)
Olason stated staff needs to see if there are legal issues or just ideas in the
new information from Mr. Carmichael. He doesn't know if the proposal is a legal
issue. The County legal counsel reviewed it.
Fleetwood stated he suspects Councilmember Crawford mentioned legal
issues simply because the new information was brought forward by a lawyer. He
doesn't think anyone is claiming that the proposal is not legal.
McShane stated he would like to hear the presentation that staff put
together. At this point, he's not ready to act because none of them have read this.
Brenner stated she would like to work on it a little today. Get the staff
presentation and listen to the citizens. They already made it clear the committee
would not act on it today.
Unidentified speaker stated the citizens are fine with postponing the item.
They want to address the committee when it has time to understand some of the
complexities of the issues.
McShane stated he would like to know the rationale behind the new
information.
Greg Barlean, Hopewell Neighborhood Association, stated the neighbors are
afraid that those in this industry are intent on beating the regulations. Any
regulations need to be very sound and defensible. One way to beat regulations is
through a challenge to them. He doesn't believe that any of the producers want to
only do a minor expansion. They want to do whatever they want, which is 16,000
yards of quality open -air substrate. The citizens are very concerned.
Fleetwood stated there is an enormous number of suggested modifications.
He asked for a summary of the top recommendations.
Planning and Development Committee, 2/22/2005, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Cheri McKay, 6714 Ocean Road, stated one issue is the parcel size needed to
accommodate an average -sized substrate facility. A 3,000 cubic yard per month
facility itself will take up a half acre with setbacks of 660 feet if it's on a 50 -acre lot.
One big change is from a production -based cap to impervious surface. The idea is
that the producers can manufacture as much as they want, but can only cap 25,000
square feet, which accommodates 3,000 cubic yards of material. Do not allow any
type of shipping off -site for emergencies.
Brenner stated she doesn't understand the emergency shipping thing.
Olason stated it came up when a producer has more than one farm. If one farm
contracts a disease, it wants to haul material to the other farm to still meet
production quota. The producers didn't like this language either because they felt it
was too restrictive. If they were to prove they were doing that for years, they
could come in as a nonconforming use. This provision gets at preventing a
producer from doing this all the time because it's convenient. There must be some
purpose behind it. It is a judgment call, but it's not to constitute a regular part of
the operation.
Brenner stated emergencies are part of doing business. People not involved
with their business should not bear the burden of their emergency. If there is an
emergency, a facility should shut down until it's fixed. Olason stated they're not
allowed to produce any more than they would otherwise. They don't get to double
their production. One concern is how to track that. The County has to have staff at
the facilities to verify volumes by the truckload, which is tough to do. It is cleaner
to say that moving material off -site is prohibited, but it may not be as workable for
these people. That is a decision on whether the odor is bad enough to restrict the
activity totally and if there are enough safeguards to make it reasonable.
McKay stated the fourth issue is zoning, as Councilmember Brenner
mentioned.
Olason presented a Power Point information showing different examples of
parcel layout, showing buffers and setbacks. The definition of a facility is the active
area of substrate production. The Planning Commission didn't want the use in
forestry zones. They are talking about allowing the use in agricultural and
industrial areas. There are not many parcels available for a facility once they
remove the cities, urban reserve areas, LII zones, commercial zones, rural zones,
rural forestry zones, recreational open space areas, water resource protection
overlay districts, stormwater districts, wellhead protection areas, and floodplains.
If in the industrial zone, a parcel owner can petition for a reduction in the setback.
In addition, the parcels would have to be big. In addition, there are critical area
overlays that would not allow the use. What's left is only one area in the county
that really is the best place for such facilities. Wherever they go, there is potential
for conflicts. Therefore, indoor facilities will have to work to avoid complaints. The
real fix to this problem will come from technology.
Planning and Development Committee, 2/22/2005, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner asked the size of an indoor facility. Barlean stated the proposed
Ostrum concrete slab was about 1.5 acres.
Olason continued the presentation showing areas where a facility could occur
on -farm. There is really no place where a facility could be located and not have a
neighborhood group up in arms, including the heavy industry areas near Sandy
Point.
Brenner stated her job is not to make it easy to site an industry that highly
pollutes. Her job is to see the people are protected, even if only one site in the
county would accommodate a facility.
Olason concluded the presentation showing the location of the Ostrum facility
and neighborhood development patterns.
Fleetwood asked if the practical effect of this ordinance will be to stop
mushroom substrate production in Whatcom County. Olason stated the practical
effect is that anyone who wants to do mushroom substrate production in Whatcom
County will have to realize that Whatcom County has a series of requirements not
found in other places. It will be expensive to locate here when they consider the
indoor requirements of a site. It may or may not deter additional facilities.
Brenner asked if this is what the Canadians did. Olason stated Whatcom
County's buffers are bigger by quite a bit. Ultimately, they're all indoors. They
have an outdoor option, based on the Frasier Valley airshed. They look at total
emissions and emissions of each facility, until the airshed is full.
McShane stated the Frasier Valley has problems with ammonia pollution in
addition to the odor problem. Olason stated Canada has it's own laws regarding air
pollution. That is a different kind of regulation from how they regulate air in
Whatcom County. Washington State agencies are not clear on an opinion about
this issue. Whatcom County is far ahead on this issue. The proposal addresses
most concerns if going indoors actually works.
Fleetwood stated the committee will take this issue up again at a later
meeting.
McKay stated the original proposal for the Ostrum expansion would have
used 1.2 million gallons of water per month drawn and stored for production.
OTHER BUSINESS
There was no other business.
Planning and Development Committee, 2/22/2005, Page 10
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
ADJOURN
The meeting adjourned at 4:27 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Seth Fleetwood, Committee Chair
Planning and Development Committee, 2/22/2005, Page 11