HomeMy WebLinkAboutPlanning October 27 1992WHATCOM COUNTY COUNCIL
PLANNING AND DEVELOPMENT COMMITTEE
October 27, 1992
The meeting was called to order at 1:30 p.m. in the Council Chambers,
1000 N. Forest St., 2nd floor, by Ken Henderson, Chairman.
Also present: Absent:
Larry Harris
Dennis Vander Yacht
1. ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE, TITLE 20, AND THE INTERIM
ZONING ORDINANCE, CHAPTER 2.24A, REGARDING SURFACE
MINING AND MINERAL PROCESSING ACTIVITIES (AB92 -401)
Topics discussed: Surface mining operations in critical aquifer areas; .702B last
sentence changes; high water and ground water levels determination; definition section;
activities on unexcavated land (for example, paragraph H); permitting. requirements;
paragraph D, fuel storage, changing or to and; potential hearing at Council level; safety
precautions for fueling equipment; paragraph G, reclamation plan wording; need for a
reclamation plan; overlapping with DNR regulations; performance bond requirements;
specifics on page 4 for implementing the haul /road agreement; operating times restrictions;
state noise level standards used; legal basis for limiting hours; nuisance factors; conditional
use in the agricultural district; batch plant issue; length of conditional permit process;
project /job specificity (p. 9, paragraph .173).
Persons speaking: Dan Taylor, Planning; Jeff Griffin, Planning; Harris; Henderson;
Alvin Starkenburg, Hannegan Rd.; Vander Yacht; Phyllis Kronenberg.
HARRIS MOVED TO REMOVE GRADE AND FILL PERMIT OPTION FROM
PARAGRAPH G.
The motion failed 2 to 1 with Harris for.
HENDERSON MOVED THAT SECTION G BE MADE TO READ "...AND FILL
PERMIT AND /OR A LANDFILL PERMIT FROM THE COUNTY AS DEEMED
NECESSARY BY THE ADMINISTRATOR...."
The motion carried unanimously.
Henderson asked that the haul /road agreement be dealt with before the final
ordinance comes before the Council. Planning agreed.
Thomas Martin, 1260 Paradise Rd., Ferndale: Concerned about construction noise
from the surface mines. Recommended that the Public Health Department regulate and
enforce this as a public health concern because noise can adversely affect health and quality
of living. Surface mining needs to be monitored to see that noise levels were not exceeded,
and the levels stated in the ordinance should be decreased. He presented an amended
ordinance dealing with his concerns. Suggested finding grant money or a surtax on the
industry to fund monitoring of the noise.
Starkenburg: Pointed out that these time elements could also reach the point of
becoming a "taking." For instance, the word "activity" should be defined; some strong
consideration needs to be given to operations such as drag lines which operate at a lower
noise level. Reminded Committee that the public is going to ultimately be paying the bill
for regulations.
VANDER YACHT MOVED TO STRIKE THE WORDS "PROJECT SPECIFIC"
FROM PAGE 9, SECTION .173.
The motion passed two to one with Harris opposed.
Dave Ernst, member of the Planning Commission: "Project specific" was heavily
discussed in the Planning Commission. Feels that the change just passed is not a minor
change, but a significant change. It appeared to the Planning Commission that it was totally
inappropriate to have a batch or processing plant in some zones; on that basis they tried to
not have industrial operations in those zones. The industry could put a batch plant near a
large project for a short time to reduce hauling time.
Vander Yacht hopes that the industry and the Planning Dept. would work out
language between them that would solve the wording problem of "project specific.
HARRIS MOVED TO ADD THE WORDS "RELATED TO A SPECIFIC
PROJECT' IN PLACE OF 'PROJECT SPECIFIC" ON PAGE 9, SECTION .173.
The motion carried unanimously.
HENDERSON MOVED THAT "TIC TERM PROJECT DOES NOT IMPLY
THAT BID CONTRACTS NEED TO BE RECEIVED PRIOR TO ISSUANCE OF A
CONDITIONAL USE PERMIT' BE ADDED AT THE END OF SECTION .173, PAGE
9.
The motion carried two to one with Harris opposed.
HENDERSON MOVED ON PAGES AND 15 TO CHANGE ENGINEERING
DEPARTMENT TO ENGINEERING DIVISION.
The motion carried unanimously.
Planning Minutes, 10127192, Page 2
HARRIS MOVED ON PAGE 4, PARAGRAPH B, TO ADD THE TERM OR A
PUBLIC HEALTH CONCERN AFTER THE TERM NUISANCE.
The motion carried unanimously.
HENDERSON MOVED TO CHANGE THE HOURS OF OPERATION TO
READ 6:30 A.M. TO 6:00 P.M.
Henderson withdrew his motion.
Kronenberg: In agreement with Martin's concern about decibel level. She also would
like to see a haul route agreement with the County and an enforcement officer assigned to
monitor the mining operation. Bob Grinslow sent word through her that the haul route fees
should be fair and that the entrances to the pit roads onto the highways should be paved.
She feels that the Committee worked this up and down, and that it's a good document.
Taylor presented the Planning Commission suggestion for a fee based on the fee
schedule presented by the Executive; it would be an ordinance.
HARRIS MOVED TO RECOMMEND ADOPTION OF THE AMENDED
ORDINANCE WITHOUT RECOMMENDING ANOTHER PUBLIC HEARING.
The motion carried unanimously.
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
CODE CHAPTER 20.42.300 LOT CLUSTERING AND RESERVE TRACT -
RURAL FORESTRY AND CHAPTER 20.97 DEFINITIONS (AB92 -402)
Topics discussed: Background; definition; rationale; minimum lot size; loss of forestry
buffers; site requirements; rural forestry definitions; reasons for passing this before passing
rural forestry zoning; timing with Trillium land exchange; potential problems with holding.
Persons speaking: Gordon Scott, Planning; Henderson; Taylor; Harris.
THIS ORDINANCE HELD IN COMMITTEE.
3. RESOLUTION AGREEING TO A REGIONAL STRATEGY FOR
IMPLEMENTING THE GROWTH MANAGEMENT ACT, WITH SCOPE
OF WORK, WHATCOM COUNTY REGIONAL GROWTH
MANAGEMENT STRATEGY (AB92 -400)
Topics discussed: Reason; Growth Management funding requirements.
Persons speaking: Vickie Mathison, Planning; Harris; Henderson.
Planning Minutes, 10127192, Page 3
HARRIS MOVED TO RECOMMEND PASS.
The motion carried unanimously.
4. REQUEST TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
COMP PLAN AND OFFICIAL WC ZONING MAP FOR
APPROXIMATELY ONE ACRE IN SECTION 28, TOWNSHIP 39
NORTH, RANGE 2 EAST, FROM RURAL RESIDENTIAL ONE PER
ACRE TO URBAN RESIDENTIAL FOUR PER ACRE (AB92 -418)
5. REQUEST TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
COMP PLAN AND OFFICIAL WC ZONING MAP FOR
APPROXIMATELY 14 ACRES IN SECTION 5, TOWNSHIP 39 NORTH,
RANGE 2 EAST, FROM RURAL FIVE ACRE TO GENERAL
COMMERCIAL (AB92 -419)
Items 4 and 5 were postponed until a later date.
6. OTHER BUSINESS
Because there was no further business, the meeting was adjourned.
Assistant Clerk
PLANNING & DEVELOPMENT COMMITTEE
Ken Henderson, thairman
Planning Minutes, 10127192, Page 4