HomeMy WebLinkAboutSpecial Committee of the Whole July 23 20191 WHATCOM COUNTY COUNCIL
2 Special Committee of the Whole
3
4 July 23, 2019
5
6
7 CALL TO ORDER
8
9 Council Chair Rud Browne called the meeting to order at 2:50 p.m. in the Council
10 Chambers, 311 Grand Avenue, Bellingham, Washington.
11
12
13 ROLL CALL
14
15 Present: Barbara Brenner, Rud Browne, Barry Buchanan, Tyler Byrd, Todd
16 Donovan, and Carol Frazey
17 Absent: Satpal Sidhu.
18
19
20 COMMITTEE DISCUSSION
21
22 1. AB2019-387 DISCUSSION OF CASCADIA LAW GROUP'S
23 RECOMMENDATIONS FOR PROPOSED CHERRY POINT URBAN GROWTH AREA
24 (UGA) COMPREHENSIVE PLAN AND ZONING CODE AMENDMENTS
25
26 The following staff answered questions:
27 0 Mark Personius, Planning and Development Services Department Director
28 0 Nick Smith, Planning and Development Services
29 0 Karen Frakes, Prosecutor's Office
30
31 Councilmembers and staff discussed the process for moving forward and working
32 from the July 16, 2019 version of the proposal and the following motions:
33
34 Donovan moved to amend to remove thresholds for permitted uses, per his
35 submitted amendment 1 (on file) to Whatcom County Code section 20.68.054:
36
37 20.68.054. The following are permitted uses except as otherwise
38 prohibited:
39
40 (3) Refining and storage of fossil fuels, limited as follows:
41
42 (a) fossil fuel refineries, existing legally as of [XXX effective date],
43 together with allowed expansions below the thFeshelds on WGG 29.68.
44
45 (b) fossil fuel transshipment facilities existing legally as of [XXX
46 effective date], tegetheF with allowed expansions below the thresholds
47 .
48
49 (9) The refining, storage, blending, and manufacture of renewable fuels,
50 existing legally as of [XXX effective date], tegetheF with allowed expansiol-is
51 below the thFes+ ends- in WGG 29.68r8-00.
52
53 The motion to amend was seconded.
Special Committee of the Whole, 7/23/2019, Page 1
1
2 The motion to amend carried by the following vote:
3 Ayes: Browne, Buchanan, Donovan, and Frazey (4)
4 Nays: Brenner and Byrd (2)
5 Absent: Sidhu (1)
6
7 Donovan moved to amend to remove thresholds for permitted uses, per his
8 submitted amendment 1 (on file) to Whatcom County Code section 20.68.153:
9
10 20.68.150. Conditional uses.
11
12 .153 Expansion of existing legal fossil fuel refinery operations and the primary
13 manufacturing of products thereof or expansion of existing legal fossil fuels
14 transshipment facilities
15 determined-censistent with WGG 20.68.800 and are subject to the conditional
16 use permit criteria below and approval of a major project permit:
17
18 The motion to amend was seconded.
19
20 The motion to amend carried by the following vote:
21 Ayes: Browne, Buchanan, Donovan, and Frazey (4)
22 Nays: Brenner and Byrd (2)
23 Absent: Sidhu (1)
24
25 Donovan moved to amend to remove thresholds for permitted uses, per his
26 submitted amendment 1 (on file) to Whatcom County Code section 20.68.801:
27
28 20.68.800. Expansion Thresholds for Existing Fossil Fuel Refineries or Fossil
29 Fuel Transshipment
30
31 .801. Limits on Refinery or Transshipment Facility Capacity Expansions:
32
33 Delete entire section 20.68.801; delete options 1, 2 & 3.
34
35 The motion to amend was seconded.
36
37 The motion to amend carried by the following vote:
38 Ayes: Browne, Buchanan, Donovan, and Frazey (4)
39 Nays: Brenner and Byrd (2)
40 Absent: Sidhu (1)
41
42 Donovan moved to amend to remove thresholds for permitted uses, per his
43 submitted amendment 1 (on file) to Whatcom County Code section 20.68.802(3):
44
45 .802 [renumber]. Environmental Review and Greenhouse Gas Mitigation.
46
47 (3) Local mitigation of greenhouse gas emissions shall be required, whenever
48 ;,;senses of greenhouse gas increase above
49 the baseline for a 3-year average (per section .802(2)(a)), after the effective
50 date of this section [XXX].
51
52 The motion to amend was seconded.
53
Special Committee of the Whole, 7/23/2019, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
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
L 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 abeve thFeshelds at WGG-20.� require 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
"Worksheet for Fossil Fuel Facilities." This Worksheet provides detailed
information required to evaluate impacts to air, land and water during review
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 b ffecl fossil fuel emissions into Whatcom County;
Life cycle greenhouse gas emissions above existing levels;
Special Committee of the Whole, 7/23/2019, Page 3
1 Transits of tankers or barges and their support vessels that have the potential
2 to interfere with commercial and treaty tribe fishing areas; and
3
4 Releases of stormwater and wastewater to groundwater, marine waters,
5 intertidal wetlands streams within the shorelines and to their headwaters•
6
7 In determining whether possible impacts are "significant" and "probable," the
8 Responsible Official shall determine whether the answers on the Worksheet
9 for Fossil Fuel Facilities accurately analyze the severity of potential harm,
10 independently from analysis of probability of occurrence, in compliance with
11 WAC 197-11-330, -794
12
13 The county may modify the environmental checklist form as provided in
14 WAC 197-11-315. If a modified form is prepared, it must be sent to the
15 Department of Ecology to allow at least a 30-day review prior to use. (Ord.
16 98-048 Exh. A; Ord. 84-122 Part 3 (part)).
17
18 The motion was seconded.
19
20 The motion to amend carried by the following vote:
21 Ayes: Browne, Buchanan, Byrd, Donovan, and Frazey (5)
22 Nays: Brenner (1)
23 Absent: Sidhu (1)
24
25 Councilmembers and staff referenced and discussed the staff memo from Mark
26 Personius on July 22, 2019 regarding Cherry Point Amendments (on file) regarding types of
27 permits and the following motion:
28
29 Donovan moved to amend WCC 20.68.153, "Expansion of existing legal fossil fuel
30 refinery operations and the primary manufacturing of products thereof or expansion of
31 existing legal fossil fuels transshipment facilities
32
33 "
34
35 The motion was seconded.
36
37 The motion to amend carried by the following vote:
38 Ayes: Browne, Buchanan, Donovan, and Frazey (4)
39 Nays: Brenner (1)
40 Absent: Byrd (out of the room) and Sidhu (2)
41
42 Councilmembers and staff referenced and discussed the staff memo from Mark
43 Personius on July 22, 2019 regarding Cherry Point Amendments (on file) regarding
44 renewable fuel operations, permitting of renewable fuel operations, and the following
45 motion:
46
47 Donovan moved to approve option two for item three regarding renewable fuel
48 operations as shown in the staff memo from Mark Personius on July 22, 2019 regarding
49 Cherry Point Amendments (on file) and the following motion:
50
51 1. Renewable Fuel Operations - Cascadia Law Group's July 16 draft includes two options
52 for the types of permits required for renewable fuel projects (see proposed WCC
53 20.68.054(9) and 20.68.159):
Special Committee of the Whole, 7/23/2019, Page 4
1
2 Option 2 - Require a conditional use permit or major project permit for
3 expansions over the thresholds in WCC 20.68.800,
4
5 The motion was seconded.
6
7 The motion to amend carried by the following vote:
8 Ayes: Browne, Buchanan, Donovan, and Frazey (4)
9 Nays: Brenner (1)
10 Absent: Byrd (out of the room) and Sidhu (2)
11
12 Councilmembers discussed next steps. The Council will schedule a work session at a
13 special meeting on July 30 to continue discussing proposed amendments.
14
15
16 OTHER BUSINESS
17
18 There was no other business.
19
20
21 ADJOURN
22
23 The meeting adjourned at 5:06 p.m.
24
25 The County Council approved these minutes on September 10, 2019.
26
27 0 'P,
F �x.
�
® s
28 ATTtS 4 4 . � ``'i. ` � fl�3� ';, WHAT OM COUNTY COUNCIL
29� "�m.� �'� WHA OM COUNTY, WASHINGTON
30
31
32gM
33 E®
34 Daba Browlf*� i P ; �gounca Clerk Rud Browne, Council Chair
35
36
a, p
37 J'%,
38
39 Jill Nixon, Minutes Transcription
Special Committee of the Whole, 7/23/2019, Page 5