HomeMy WebLinkAboutSpecial Committee of the Whole July 23 2019 FINAL DRAFT1
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Special Committee of the Whole
July 23, 2019
CALL TO ORDER
Council Chair Rud Browne called the meeting to order at 2:50 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
Donovan, and Carol Frazey
Absent: Satpal Sidhu.
COMMITTEE DISCUSSION
1. AB2019-387 DISCUSSION OF CASCADIA LAW GROUP'S
RECOMMENDATIONS FOR PROPOSED CHERRY POINT URBAN GROWTH AREA
(UGA) COMPREHENSIVE PLAN AND ZONING CODE AMENDMENTS
The following staff answered questions:
• Mark Personius, Planning and Development Services Department Director
• Nick Smith, Planning and Development Services
• Karen Frakes, Prosecutor's Office
Councilmembers and staff discussed the process for moving forward and working
from the July 16, 2019 version of the proposal and the following motions:
Donovan moved to amend to remove thresholds for permitted uses, per his
submitted amendment 1 (on file) to Whatcom County Code section 20.68.054:
20.68.054. The following are permitted uses except as otherwise
prohibited:
(3) Refining and storage of fossil fuels, limited as follows:
(a) fossil fuel refineries, existing legally as of [XXX effective date],
(b) fossil fuel transshipment facilities existing legally as of [XXX
effective date],
WGG 20.68.-8-98.
Special Committee of the Whole, 7/23/2019, Page 1
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
(9) The refining, storage, blending, and manufacture of renewable fuels,
existing legally as of [XXX effective pdaat/�e], together with allowed eXPanSiE)n--
bele�A�-- the �eshold\A/
"s in CC 20.68.800.
The motion to amend was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Donovan, and Frazey (4)
Nays: Brenner and Byrd (2)
Absent: Sidhu (1)
Donovan moved to amend to remove thresholds for permitted uses, per his
submitted amendment 1 (on file) to Whatcom County Code section 20.68.153:
20.68.150. Conditional uses.
.153 Expansion of existing legal fossil fuel refinery operations and the primary
manufacturing of products thereof or expansion of existing legal fossil fuels
transshipment facilities
determined eens+stent with WGG20.68.800 and are subject to the conditional
use permit criteria below and approval of a major project permit:
The motion to amend was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Donovan, and Frazey (4)
Nays: Brenner and Byrd (2)
Absent: Sidhu (1)
Donovan moved to amend to remove thresholds for permitted uses, per his
submitted amendment 1 (on file) to Whatcom County Code section Whatcom County Code
section 20.68.801:
20.68.800. Expansion Thresholds for Existing Fossil Fuel Refineries or Fossil
Fuel Transshipment
801. Limits on Refinery or Transshipment Facility Capacity Expansions:
Delete entire section 20.68.801; delete options 1, 2 & 3.
The motion to amend was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Donovan, and Frazey (4)
Nays: Brenner and Byrd (2)
Absent: Sidhu (1)
Donovan moved to amend to remove thresholds for permitted uses, per his
submitted amendment 1 (on file) to Whatcom County Code section 20.68.802(3):
Special Committee of the Whole, 7/23/2019, Page 2
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
802 [renumber]. Environmental Review and Greenhouse Gas Mitigation.
(3) Local mitigation of greenhouse gas emissions shall be required, whenever
;,;Teases-ef greenhouse gas increase above
the baseline for a 3-year average (per section .802(2)(a)), after the effective
date of this section [XXX].
The motion to amend was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Donovan, and Frazey (4)
Nays: None (0)
Absent: Sidhu (1)
Abstains: Brenner and Byrd (2)
Donovan moved to amend to remove thresholds for permitted uses, per his
submitted amendment 1 (on file) to Whatcom County Code section 23.100.170(B)(1)(b)(i):
23.100.170 Cherry Point management area
B. 1. b. Fuel uses
i. Fossil Fuel Refineries - Shoreline Permits and Requirements: Fossil
fuel refineries existing legal as of [XXX effective date] are permitted
shoreline uses. Expansions of existing legal fossil fuel refineries belew
are subject to review as
shoreline substantial development permits. Expansions of existing legal fossil
fuel refineries above t hFesholds at WGG✓ 20�8.8require a shoreline
conditional use permit.
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Donovan, and Frazey (4)
Nays: Brenner and Byrd (2)
Absent: Sidhu (1)
Councilmembers and staff discussed conditional use permits versus major project
permits, the State Environmental Policy Act (SEPA), and the following motions:
Donovan moved to amend the SEPA environmental checklist, per his submitted
amendment 4 (on file) with amendments, Whatcom County Code section 16.08.090:
16.08.090. Environmental checklist
E. For anv proposed chanae of use or expansion of facilities that manufacture
process, ahipj2y:agg transport any fossil fuel, renewable fuel, or hydrocarbon
feedstock , the proponent will fill out the County's SEPA
"Worksheet for Fossil Fuel Facilities." This Worksheet provides detailed
information required to evaluate impacts to air, land and water during review
Special Committee of the Whole, 7/23/2019, Page 3
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
of a SEPA environmental checklist. The form of worksheet shall be prepared
and updated once per year by the SEPA Responsible Official in consultation
with and taking into account the comments of the Climate Impacts Advisory
Group and its members. The Worksheet shall analyze the "significance" of
direct, indirect, and cumulative impacts including but not limited to those
arising from:
Windborne transport of btaw+hed fossil fuel emissions into Whatcom County
Life cycle greenhouse gas emissions above existing levels;
Transits of tankers or barges and their support vessels that have the potential
to interfere with commercial and treaty tribe fishing areas; and
Releases of stormwater and wastewater to groundwater, marine waters,
intertidal wetlands, streams within the shorelines, and to their headwaters;
In determining whether possible impacts are "significant" and "probable," the
Responsible Official shall determine whether the answers on the Worksheet
for Fossil Fuel Facilities accurately analyze the severity of potential harm,
independently from analysis of probability of occurrence, in compliance with
WAC 197-11-330, -794
The county may modify the environmental checklist form as provided in
WAC 197-11-315. If a modified form is prepared, it must be sent to the
Department of Ecology to allow at least a 30-day review prior to use. (Ord.
98-048 Exh. A; Ord. 84-122 Part 3 (part)).
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Byrd, Donovan, and Frazey (5)
Nays: Brenner (1)
Absent: Sidhu (1)
Councilmembers and staff referenced and discussed the staff memo from Mark
Personius on July 22, 2019 regarding Cherry Point Amendments (on file) regarding types of
permits and the following motion:
Donovan moved to amend WCC 20.68.153, 'Expansion of existing legal fossil fuel
refinery operations and the primary manufacturing of products thereof or expansion of
existing legal fossil fuels transshipment facilities
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Donovan, and Frazey (4)
Nays: Brenner (1)
Special Committee of the Whole, 7/23/2019, Page 4
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Absent: Byrd (out of the room) and Sidhu (2)
Councilmembers and staff referenced and discussed the staff memo from Mark
Personius on July 22, 2019 regarding Cherry Point Amendments (on file) regarding
renewable fuel operations, permitting of renewable fuel operations, and the following
motion:
Donovan moved to approve option two for item three regarding renewable fuel
operations as shown in the staff memo from Mark Personius on July 22, 2019 regarding
Cherry Point Amendments (on file) and the following motion:
1. Renewable Fuel Operations - Cascadia Law Group's July 16 draft includes two options
for the types of permits required for renewable fuel projects (see proposed WCC
20.68.054(9) and 20.68.159):
Option 2 - Require a conditional use permit or major project permit for
expansions over the thresholds in WCC 20.68.800.
The motion was seconded.
The motion to amend carried by the following vote:
Ayes: Browne, Buchanan, Donovan, and Frazey (4)
Nays: Brenner (1)
Absent: Byrd (out of the room) and Sidhu (2)
Councilmembers discussed next steps. The Council will schedule a work session at a
special meeting on July 30 to continue discussing proposed amendments.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:06 p.m.
The County Council approved these minutes on , 2019.
ATTEST:
Dana Brown -Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Rud Browne, Council Chair
Special Committee of the Whole, 7/23/2019, Page 5
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Jill Nixon, Minutes Transcription
Special Committee of the Whole, 7/23/2019, Page 6