HomeMy WebLinkAboutres2016-027WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 - 232
CLEARANCES
Initial
Date
Date Received in Council Of �ce
A enda Date
Assi ned to:
Ori inaior:
7/19/2016
7
7/26/2016
SCOTW and Coun
Division Head:
D21. Head:
°
D 1
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�Prosecutor: a(/ ,
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
Initiating Comprehensive Plan by amending Resolution 2016 -009
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Initiating Comprehensive Plan by amending Resolution 2016 -009
COMMITTEE ACTION:
COUNCIL ACTION.•
7/26/2016: Forwarded to Council for approval
7/26/2016: Amended and approved 5 -1, Brenner opposed &
Donovan absent, Resolution 2016 -027
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Res. 2016 -027
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us /council.
Comprehensive Plan Amendments, 7/26/2016
Proposed by: Weimer
Introduction date:
RESOLUTION NO. 2016 -027
INITIATING COMPREHENSIVE PLAN BY AMENDING RESOLUTION 2016 -009
WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the
County Council may consider amendments to the Whatcom County Comprehensive Plan
no more frequently than once per year (with certain exceptions); and
WHEREAS, the provisions of WCC 2.160.050 indicate that Comprehensive Plan
amendments are to be "initiated" for review by approval of a resolution by the County
Council; and
WHEREAS, as part of the 2016 review of the Comprehensive Plan Update, the
County Council has developed a docket of additional proposed Comprehensive Plan
amendments for consideration by the Planning Commission and County Council; and
WHEREAS, the Whatcom County Council would like to stay apprised of any
potential permits which may expand the export of fossil fuels from Cherry Point;
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
hereby initiates for formal review the amendments shown on attached Exhibit A.
BE IT FURTHER RESOLVED that the County Council requests the Executive
provide written notification to the Council as soon as practicable of all pre - application
correspondence or permit application submittals and notices, federal, state, or local, that
involve activity with the potential to expand the export of fossil fuels from Cherry Point.
BE IT FURTHER RESOLVED that the County Council requests the Planning
Commission act on this amendment as soon as possible and provide their deliberations
and report ,,q,(�tgr than January 15, 2017
'P� kd/ �a6� th day of
wl e
M
Dank Brtilerk�if the Council
AP PR 1'%0`f6RM:
u�
Civ>l Deputy Prosecutor
July 2016.
WHATCOM COUNTY COUNCIL
ATC0 1Vi TY, ASHINGTON
ar ucllanan, Council Chair
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Planning Commission Recommended
January 14, 2016
Draft
Chapter 2 - Land Use
Major Industrial Urban Growth Area / Port Industrial
Cherry Point
The Cherry Point Urban Growth Area (UGA) contains approximately 7,000 acres of
industrial land. The land has long been planned and designated by Whatcom County
for industrial development and is currently the site of three major industrial
facilities including two oil refineries and an aluminum smelter. Together, these
three existing industries own about 4,400 acres of the total Cherry Point industrial
lands.
Because of the
special characteristics of Cherry
Point, including deep water port
access, rail access, and proximity
to Canada,
this area has long had regional
significance for
the siting of large
industrial or
related facilities. The Phillips 66
Ferndale Reflnery
was constructed
in 1954, the Alcoa Intalco_ Works Aluminum
Smelter in 1966
and the BP Cherry
Point Refinery
in 1971.
Cherry Point is also important historically and culturally to the Coast Salish peopi�
and part of the usual and accustomed fishing area for five treaty tribes reserved
under the Treaty of Point Elliot of 1855. The Lummi Nation and Western
Washington University have identified an ancestral village dating back over 3,000
ears ago in this area. The Cherry Point UGA contains sites of primary
archeological and cultural significance.
Since the designation of this area for industrial development years ago, newer
scientific study of the shoreline ecology has identified Cherry Point's unique function
as part of the Fraser River / Salsh Sea ecosystem and the associated Cherry Point
Aquatic Reserve has been designated by the state Department of Natural Resources
to recognize the ecological importance of the aquatic lands in this area.
Since adoption of earlier_ versions of this Comprehensive Plan there has been an
increasing recognition of the impacts that fossil fuel use and transportation has on
human health and both the local and lobal environment. The Cherry Point UGA
contains the second - largest emitter of carbon air pollution in Washington State
('Ecology, .dune 2016) and scientific findings show that the use of refined or
unrefined fossil fuels overseas contribute up to 161% of the mercury in the soil in
the Northwest from return air from Asian burning of those fossil fuels, and that
carbon deposition in water from air emissions are the major contributor to ocean
Whatcom County Comprehensive Plan 2-1
Attachment 1
Planning Commission Recommended Draft
January 14, 2016
ter 2 - Land Use
1 acidification.' Recent studies by NOAA have found that very small amounts of
2 hydrocarbons lead to congenital heart failure in juvenile herring and salmon, and
3 may have contributed to the crash of the Cherry Point Herring stock.2B
4 large - aEFeage demands of the types.
5 undeveleped acreage °at at r u ring the
6 2 year plan i - pefis#
7
8 The Cherry Point shoreline a+se has great importance to the fisheries and ecology of
9 Northern Puget Sound because it provides essential spawning habitat for what once
10 was the largest herring stock in Washington State. This herring stock has supported
11 important commercial fisheries in the past and provides forage for salmonids and
12 other important marine species. In August 2000 and again in November 2010, the
13 State Lands Commissioner ordered the Cherry Point_ tidelands and bedlands
14 withdrawn from the state's general leasing program, except for existing leases, and
15 designated them as the "Cherry Point Aqu -i tic Reserve, " In December 2010, the
16 DNR recognized the need to "protect the significant environmental resource of
17 aquatic lands at Cherry Point" (CPAR Management Plan p. 1), and completed the
18 Cherry Point Environmental Aquatic Reserve Management Plan and clesignated the
19 _ v-L—to ensure long -term environmental protection of the
20 areaAA uatic Reserve. The (Reserve extends from the southern boundary of Birch
21 Bay State Park to the northern border of the Lummi Indian Nation Reservation. T#e
22 site- -,r_�6des4- fay- ex4s4R , Phillips 66 Shipping
23 piers) and ene preposed aquatic land lease (Gateway Pacific Terminal so*--N.
24
25 The overall purpose of the Cherry Point Aquatic Reserve (AR) is to ensure long -term
26 environmental protection for local habitats and species (CPAR MP p. 1). Specific
27 goals include protection and recovery (as applicable) of Cherry Point herring,
28 Nooksack Chinook salmon, ground fish, marine mammals, seabird /duck and
29 shorebird communities, Dungeness crab, and submerged native aquatic vegetation
30 (CPAR MP p. 2). Another goal is to cooperate with other stakeholders "to minimize
31 and reduce identified impacts of human activities on the species and habitats within
32 the Reserve" (CPAR MP p. 2).
33
1 Jaffe, D., Strode, S., Sources, Fate and Transport of Atmospheric Mercury from Asia. Environmental Chemistry
Vol. 5(2): 121 -126 (doi:10.1071/EN08010) (April 17, 2008); Boehm, A., et al., West Coast Ocean Acidification and
Hypoxia Science Panel. Moior Findings, Recommendations and Findings (April 2016) at Appendix A.
Incardona, J. P. et al., Very low embryonic crude oil exposures cause lasting
cardiac defects in salmon and herring. Scl. R , 5, 13499 dai: 1Q.103$ sre 13499 2015 .
Whatcom County Comprehensive Plan 2-2
Planning Commission Recommended
January 14, 2016
Draft
Chapter 2 - Land Use
1 The Aq ,uatic Reserve Management Plan acknowledges that so long as the existing
2 industries, complyi g with all federal, state and focal_ laws and regulations, they
3 mayd-e not conflict with the Aquatic Reserve although their activities may pose risks
4 for the recovery of species and other goals of the Aquatic Reserve. indeed, the
5 +P d i%e�ml- management
6 fe Much of the Aquatic Reserve shoreline is in substantially
7 natural riparian vegetation and bluff processes proceed without interference.
8 Existing shoreline and upland stream and wetland functions and values are of
9 continuing importance to the recovery and protection of species_ identified in the
10 Aquatic Reserve Management Plan. The area includes one of the last undeveloped
11 intertidal wetlands of any size in Northern Puget Sound, with importance to _juvenile
12 salmon and other species. Existing industries may continue tocan serve the Aquatic
13 Reserve's objectives so long as they are managed according to the Plan and so long
14 as the lessees comply with applicable legal requirements and aetly—werk--t-e
15 fuse the goals of€ef the Reserve (CPAR MP p. 2).
16
17 The County and industrial users have long recognized that the Cherry Point area
18 exhibits a unique set of characteristics that makes land there not only locally but
19 regionally important for the siting of efexisting. industrial developments. While
20 deep water- access made future shipping_ facilities desirable in the past, recent
21 actions by federal and state regulators denying a proposed fourth pier at Cherry
22 Point have underscored the fact that any future industrial development will undergo
23 scrutiny for compliance with federal and state laws, including treaty rights, Based
24 on the public record developed during this plan review and best available science in
25 the record, the County no longer supports construction of additional export docks or
26 piers at Cherry Point due to environmental and treaty right concerns related to: (a)
27 physical interference with shoreline functions and values, (b) physical interference
28 with traditional, historic and commercial fishing and shellfish harvesting at the
29 Cherry Point shoreline; and c the increased risk of catastrophic and cumulative
30 small oil and fuels ills from increased Iar e vessel traffic potential collisions with
31 tankers and other vessels serving the existing three piers at Cherry Point, and
32 related barge traffic and support vessels.
33 _ espeeially where deep vvateF aeeess fer shipping is a critical lecational
34 These chafactermstics were aFtieula-,Eeul n the Overall Economic DeYe!epn9--.
35 nty adepted by Whateeng Gounty Goun cal e€
36 , in the 19,97 Property Giqunse'OF5-R-e�eft--awpply and
37 demand faF Indus l Ixi , the 2002
38 Greg F Ge pfe#ensive Economic Dev , the 2003
3 9 s �=iul t ,
40 Gefmpt-ei
41
42 The characteristics that tie made .Cherry Point unique as a site for the existing
43 major industrial developments include the following:
Whatcom County Comprehensive Plan
2-3
Attachment _1
Panning Commission Recommended Draft
January 14, 2016
Chapter 2 - Land Use
Port Access - The marine waters off Cherry Point provide deep water access for
shipping. Deep water access for shipping was a major siting consideration for the
three major industries currently located at Cherry Point, and feF the
Rail Access - Cherry Point is served by a branch line of the Burlington Northern
mainline serving western Washington from Blaine to Portland. Rail service is
considered to be vital to statewide as well as local interests for the competitive
movement of freight. Rail service is particularly important in relation to the water
borne commerce of the existing users. The Cherry Point area has the rail access to
support marine terminals and industrial users in the area. The BP refinery at Cherry
Point uses the railroad to ship calcined coke to U.S. markets and to other port
facilities for transshipment to foreign markets. Both the BP and Phillips 66 refineries
receive crude oil shipments by rail.
Proximity to Canada, Alaska and Foreign Ports - Cherry Point occupies a unique
location for the siting of industry because of its close proximity to Canada and
because of its shorter travel distance than other regional port facilities for shipping
to and from Alaska and to other Pacific Rim locations. The large acreage, good rail
access and groximity to Washington State and Canadian ports makes the remaining
upland area at Cherry Point suitable for major sustainable, clean -enew
manufacturing or production of other commercial or industrial products. The Cherry
Point industrial area benefits from proximity to Canada, as trade between the U.S.
and Canada grows in response to the lifting of trade barriers under the Free Trade
Agreement. Canadian exports to the U.S. are expected to increase and Canadian
firms exporting to the U.S. are expected to seek locations in the U.S. as a way of
improving access to U.S. markets. Additionally,
Washington are con-ne- y lack of extensive upland aFeas to suppoFt n9aj8F
r d EstFi .aeyei r fae'lities R ikewise censtFained. ThE?fe-ere
r
-. ...,
Presence of Necessary Utilities and Infrastructure
Cherry Point is a major industrial area in Whatcom County. The Phillips 66 Ferndale
Refinery was constructed in 1954, the Alcoa Intalco Works Aluminum Smelter in
1966, and the BP Cherry Point Refinery in 1971. The infrastructure to support these
industries and future industrial users at Cherry Point is in place and includes the
following:
Whatcom County Comprehensive Plan 2-4
Attachment 1_
Planning Commission Recommended Draft
January 14, 2016
Chapter 2 - Land Use
1 Electric Power: Electric Power is available from three providers in the Cherry Point
2 area: Puget Sound Energy, Public Utility District #1 (PUD #1), and Bonneville
3 Power Administration.
4
5 Puget Sound Energy owns two electrical generating facilities at Cherry Point. The
6 electricity generated by these two facilities can be transmitted outside the region
7 into the grid for supply to Puget's customers or some of it can be consumed by
8 Cherry Point customers through interties with the PUD #1. Puget Sound Energy
9 also acquires power from outside the region and transmits it via their transmission
10 grid into Cherry Point. The BP Cherry Point Refinery purchases electrical supply on
11 the market and pays Puget Sound Energy to transmit the power and operate
12 distribution systems to provide that power to the refinery.
13
14 PUD #1 purchases electricity from the Bonneville Power Administration and takes
15 ownership of that power at the Bonneville substation in Bellingham and then
16 transmits it over its transmission line to Cherry Point to serve the Phillips 66
17 Ferndale Refinery.
18
19 PUD #1 and Puget Sound Energy have interties at Cherry Point allowing the
20 transmission of power in and out of Cherry Point depending on the amount of power
21 generated and consumed at Cherry Point.
22 The Bonneville Power Administration supplies power directly to the Alcoa Intalco
23 Works aluminum production facility.
24
25
26 Water: Whatcom County Public Utility District #1 currently provides industrial
27 process water to all major industrial facilities at Cherry Point and has additional
28 water available eent7rarcts ir�-piaee- to provide process water to properties that are
29 currently undeveloped. PUD # 1 also operates a small system to provide potable
30 water to one industry (Praxair). Birch Bay Water and Sewer District provides
31 potable water to the BP Cherry Point Refinery. The other industries operate their
32 own water treatment facilities to provide potable water for their facilities. Existing
33 industries consume large quantities of water, in many cases drawn from the
34 Nooksack River. It is the County's policy to suQport renewed efforts to reduce both
35 water consumption levels and the quantity of discharges, in favor of recycled water
36 use.
37
38
39 Sewer: Sewer service is not typically required for large industrial developments.
40 Most of the existing industrial users provide their own on -site sewage treatment
41 and waste water treatment. Sewer service for domestic wastewater is provided to
42 the BP Refinery by the Birch Bay Water and Sewer District. If and when sewer
43 service should become necessary for other industries, service could be provided on
Whatcom County Comprehensive Plan 2-5
Attachment 1
Planning Commission Recommended Draft
January 14, 2016
2 - Land Use
1 a contractual basis with the Birch Bay Water and Sewer District, which borders the
2 Cherry Point industrial area on the north.
3
4 Natural Gas: Natural gas is currently available at Cherry Point.
5
6 All- weather Roads: Grandview and Slater roads, the major east -west connectors
7 between Cherry Point and Interstate -5, provide all- weather road access to Cherry
8 Point.
9
10 The industries currently located at Cherry Point are a substantial part of the
11 economic base of Whatcom County and the region and the economic welfare of the
12 county is strongly tied to the health of these industries and their ability to flourish
13 and expand appropriately as opportunities present themselves. While Tthese
14 l existing industries need to be protected from the inappropriate encroachment of
15 incompatible uses; particularly residential uses that could affect their ability to
16 expand,.- at the same time, the expansion of these industries needs to be done in
17 ways that do not significantly impact the ecology of the Salish Sea or encourace
18 expanded export of unrefined fossil fuels. The best means for protecting these
19 industries from incompatible adjoining residential uses and to assure their
20 continued regulatory conformity is to maintain the industrial land use designation of
21 these lands and adjoining properties currently designated for industrial
22 development. The Cherry Point industrial lands have been designated for industrial
23 development and as a direct result of the industrial designation, incompatible and
24 inappropriate residential development has been curtailed.
Goal 2CC: Maintain Cherry Point as an unincorporated urban growth
area based on its unique location and characteristics and
its significant contribution to the overall industrial land
supply and Whatcom County's tax base.
Policy 2CC -1: Designate Cherry Point as a major industrial Urban Growth Area
to accommodate major users that need to be located away from
concentrated urban residential areas and that can manage their
activities in such a way that they do not conflict with the goals
of the Aquatic Reserve Management Plan.
37
38
39 Policy 2CC -2: Ensure that existing developments in the Cherry Point UGA
40 maintain and operate under management plans thatte
41 accomplish the goals of the Aquatic Reserve Management Plan.
42 Ensure that future developments or expansions within the
43 Cherry Point UGA are consistent with the following:
Whatcom County Comprehensive Plan 2-6
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Planning Commission Recommended Draft
January 14, 2016
Chapter 2 - Land Use
• Clean - energy and low- carbon emitting industries are
favored:
Strict avoidance of estuaries and near -shore wetlands, as
they play not only an important role in protecting habitat,
but also serve as flood storage areas in the absorption of
future sea level rise:
• Additional hardening of the shoreline through bulkheads or
other methods at Cherry Point is prohibited;
•_
Any proposed new development is consistent with an
archeological study designed in cooperation with the Lurnmi
Nation and reviewed by the Lummi Nation as part of the
record for any permitting review;
• Any new water- intensive development shall utilize state -of-
the -art water recycling manufacturing technology to
minimize water use.
Policy 2CC -3: Assure that Cherry Point's unique features of large parcelization,
exishn --_port access, and rail transportation availability are
maintained and protected from incompatible development.
Policy: 2CC -4: Require the master planning of each large parcel in advance of
any development or subdivision at Cherry Point.
Policy: 2CC -5: Require the designation and site plan for a major user (generally
40 acres or more) before the development of accessory or
supporting uses to assure that accessory or supporting uses are
compatible with and will not interfere with the major industrial
user.
Policy: 2CC -6: Specify 160 acres as a minimum area for planning, prior to the
commitment of a parcel for a major user (40 acres or more,
singularly or as a cluster or group).
Policy: 2CC -7: Permit support activities, warehousing, mail shiprne-E7tgtl•�ipping,
machine repair and service, educational services, food service
and conveniences, to locate on a parcel only after the
completion of a master plan, and the identification and site plan
approval for the major user.
Whatcom County Comprehensive Plan
2-7
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Attachmer;
Planning Commission Recommended Draft
January 14, 2016
Chapter 2 - Land Use
Policy 2CC -8: Exclude Cherry Point as part of any future incorporation of Birch
Bay.
• to protect interests of the property owner in terms of
taxation and urban regulations;
• to preclude urbanism near "smokestack" industries;
• to preserve county government tax base.
Policy 2CC -9: Continue to work with service providers that serve Cherry Point
to ensure the delivery of services and to allow it to develop to
its fullest potential, consistent with other County policies
mandating and supporting energy and water conservation..
Policy 2CC -10: It is the policy of Whatcom County to limit the number of
industrial piers at Cherry Point to the existing three approved
leases identified in the Lands Commissioner's Order No. 201037
designating the Cherry Point Aquatic Reserve (BP, Intalco. and
Phillips 66) to:
• Support and remain consistent with the state Department of
Natural Resources' withdrawal of Cherry Point tidelands and
bedlands from the general leasing program and species
recovery aoals of the Cherry Point Aquatic Reserve
designation and CPAR MP;
• Further public health and safety;
• Recognize federal actions upholding treaty rights;
• Protect traditional commercial and tribal fishing;
• Prevent conflicts with vessel shipment operations of existing
refineries that could lead to catastrophic oil or fuel spills; and
• Adhere to best available science documenting species decline
in the Salish Sea and at Cherry Point and enhance the
likelihood of reaching the recovery goals of the CPAR and the
Puget Sound Partnership's recovery goals for Year 2035.
- - - -
Whatcom County Comprehensive Plan
Attachment 1
Planning Commission Recommended Draft
January 14, 2016
Chapter 2 - Land Use
1
Policy 2CC -11:
RCW 36.70A.365 requires the implementation of Traffic Demand
2
Management (TDM) programs for the designating of a Major
3
Industrial Urban Growth Area. Any employer in the Cherry Point
4
Urban Growth Area that employs one hundred or more full -time
5
employees at a single worksite who begin their regular work day
6
between 6:00 am and 9:00 am on weekdays for at least twelve
7
continuous months during the year are required to meet the
8
TDM requirements of WCC 16.24.
9
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Policy 2CC -12:
Work with the Cherry Point industries to maximize public access
11
to the Cherry Point beaches without compromising industrial
12
security.
13
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Policy 2CC -13 :
In recognition and support of the existing_ federal law
15
protecting the unique ecosystem of Puget Sound/the_ Sal sh Sea,
16
as reflected in the Magnuson Amendment to the Marine Mammal
17
Protection Act, 33 USC Sec. 476, and to protect human and
18
environmental health, the County shall adopt County regulations
19
and rules such that:
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No officer, emplo rvee, or other official of Whatcom County shall
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issue, amend, renew, grant. or otherwise approve an
23
easement, vacation of right -of -way, permit, license, or any
24
authorization or entitlement of any kind under County authority_
25
that could be in conflict with the 33 USC Sec. 476.
26
The Whatcom County zoning code, development regulations,
27
and SEPA policies shall reflect and implement this _policy
28
directive.
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Policy 2CC -14:
Without delaying implementation of the foregoing policy (2CC -
31
13), the County shall undertake a study to be completed_ by
32
December of 2017 to examine existing County laws, including
33
those related to public health, safety, development, building,.
34
zoning, permitting, electrical, nuisance, and fire codes, and
35
develop recommendations for legal ways the County can work to
36
limit unrefined fossil fuel exports from the Cherry Point UGA
37
above levels in existence as of July 5, 2016. The stuff shall
38
review and analyze any legal advice freely submitted to the
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County by legal experts on behalf of a variety of stakeholder
40
Interests, and make that advice public as past of the study
41
report
2%
Whatcom County Comprehensive Plan 2-9
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Attachment 1
Planning Commission
January 14, 2016
Recommended Draft
Chapter 2 - Land Use
• Based on the above study, develop proposed Comprehensive
Plan amendments and associated code and rule amendments for
Council consideration as soon as possible.
• Until the above mentioned amendments are implemented, the
Prosecuting Attorney and/or the County Administration shall as
soon as is practicable, and before any permissions are granted
by the Countyprovide the County Council written notice of all
known pre - application correspondence or permit application
submittals and notices, federal, state, or local, -that involve
activity with the potential to expand the expert of fossil fuels
from Cherry Point.
Whatcom County Comprehensive Plan
2-10
Attachment 1
Planning Commission Recommended Draft
January 14, 2016
Whatcom County I Comprehensive Plan
2'
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Chapter 2 - Land Use
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Planning Commission Recommended Draft
January 14, 2016
Whatcom County Comprehensive Plan
Chapter 2 - Land Use
2-12