Loading...
HomeMy WebLinkAboutSpecial Committee of the Whole July 30 20191 WHATCOM COUNTY COUNCIL 2 Special Committee of the Whole 3 4 July 30, 2019 5 6 7 CALL TO ORDER 8 9 Council Chair Rud Browne called the meeting to order at 1:00 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, Todd Donovan, Carol 16 Frazey, and Satpal Sidhu. 17 Absent: Tyler Byrd. 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 Mark Personius, Planning and Development Services Department Director, 28 submitted a staff report (on file) and gave a staff report 29 Nick Smith, Planning and Development Services 30 Karen Frakes, Prosecutor's Office 31 32 Councilmembers and staff discussed working from the July 29, 2019 version of the 33 ordinance the following motions: 34 35 Browne moved to amend Whatcom County Code (WCC) Sections 20.68.802: 36 37 .802 Non -Capacity, Maintenance, and Safety Improvements 38 (1) Expansions of existing legal fossil -fuel refineries, fossil -fuel 39 transshipment facilities, renewable fuel refineries, or renewable fuel 40 transshipment facilities for non -capacity purposes are outright permitted 41 uses. Examples of non -capacity improvements include, but are not limited to: 42 (a) accessory buildings, 43 (b) office space, 44 (c) parking lots, 45 (d) radio communications facilities, 46 (e) regular equipment maintenance and replacement, 47 (f) safety or environmental upgrades,whose primary purpose is 48 to reduce pollution, energy consumption, or greenhouse gas emissions. 49 (g) security buildings, 50 (h) storage buildings, and 51 (i) other similar structures or activities. 52 (2) RegulaF equipment maintenance and Feplaeengent and safety 53 upgrades are outright permitted uses, but shall n9itigate greenheuse gas Special Committee of the Whole, 7/30/2019, Page 1 1 engissien If Fequired by WGG This allowance does not include 2 improvements that would expand the capacity of the refinery to ';process 3 unrefined fossil fuels or the transshipment facility which requires a conditional 4 use permit per 20.68.153 or non -capacity improvements that would cause a 5 net increase in or greenhouse gas emissions above subsection .801. 6 7 The motion was seconded. 8 9 Councilmembers and staff discussed the possibility of safety upgrades that would 10 increase greenhouse gas emissions. 11 12 Browne withdrew his motion and moved to amend to approve the Planning 13 Department recommended motion. 14 15 .802 Non -Capacity, Maintenance, Safety, and Environmental 16 Improvements 17 (1) Expansions of existing legal fossil -fuel refineries, fossil -fuel 18 transshipment facilities, renewable fuel refineries, or renewable fuel 19 transshipment facilities for non -capacity purposes are outright permitted 20 uses. Examples of non -capacity improvements include, but are not limited to: 21 (a) accessory buildings, 22 (b) office space, 23 (c) parking lots, 24 (d) radio communications facilities, 25 , 26 27 (g) security buildings, 28 (h) storage buildings, and 29 (i) other similar structures or activities. 30 31 (2) Regular equipment maintenance, replacement, safety upgrades, 32 and environmental improvements are outright permitted uses, but shall 33 mitigate greenhouse gas emission if required by WCC 20.68.801. " h- s 34 35 36 37 . 38 39 The motion was seconded. 40 41 The motion carried by the following vote: 42 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6) 43 Nays: None (0) 44 Absent: Byrd (1) 45 46 Donovan moved to approve item two in the staff memo dated July 30, and ask 47 Cascadia to create definitions, to amend WCC 16.08.090€(2), "Life cycle greenhouse gas 48 emissions and facility emissions above existing levels." 49 50 The motion was seconded. 51 52 Special Committee of the Whole, 7/30/2019, Page 2 The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6) Nays: None (0) Absent: Byrd (1) Browne moved to amend WCC 22.05.125: 22.05.125 Proof of insurance for hazards created in the County At the time of Type I, II, III, or IV applications addressing production capacity or storage tank increases at fossil fuel refineries, fossil fuel transshipment facilities, renewable fuel refineries, or renewable fuel transshipment facilities, the applicant shall 1) provide proof of insurance or other financial security acceptable to 'the prosecuting attorney, and 2)_ a parent company corporate guarantee to cover loss or damages to the County and to County residents from any fire, explosion, spill or other incident from operations of the refinery or from transport of raw materials or finished products within the boundaries of Whatcom County. This requirement shall also be met for Type I changes in use from fossil fuel refineries or transshipment facilities to renewable fuel refineries or transshipment facilities. The required policies and parent company corporate guarantee shall contain the following Coverage Terms: The motion was seconded. The motion carried by the following vote: Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) Nays: Brenner (1) Absent: Byrd (1) Councilmembers and staff discussed insurance requirements and whether or not to include pipelines in transshipment activities. Browne moved to amend WCC 22.05.125(9), "e) Transportation shall include movement by any vehicle or mode of transit including but not `limited to automobile, truck, r-ailway or watercraft, including pump and compressor stations and related facilities, including loading, temporary placement during transit prior to final delivery, or unloading, of materials or waste, either:" The motion was seconded. The motion carried by the following vote: Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) Nays: Brenner (1) Absent: Byrd (1) Donovan moved to amend WCC 20.97.425.1, .160.3, .160.4, and .350.3: 20.97.425.1 Small Fossil or Renewable Fuel GR Storage and Distribution Facilities "Small Fossil or Renewable Fuel G4 Storage and Distribution Facilities" means: Special Committee of the Whole, 7/30/2019, Page 3 1 The motion was seconded. 2 3 Sidhu moved to amend WCC 20.97.425.1 "(1), Equipment used for purposes of 4 direct retail sale or distribution to consumers of fossil fuels or renewable fuels, or." 5 6 The motion was seconded. 7 8 Sidhu withdrew the motion. 9 10 Browne's motion to amend carried by the following vote: 11 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6) 12 Nays: None (0) 13 Absent: Byrd (1) 14 15 Brenner moved to delete WCC 16.08.160.F.1.b.iii. The motion was not seconded. 16 17 Browne moved to amend WCC 16.08.160.F.1.b.iii "Greenhouse Gas Emissions - 18 Other Uses Within the Heavy Industrial 'District:" 19 20 The motion was seconded. 21 22 The motion carried by the following vote: 23 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) 24 Nays: Brenner (1) 25 Absent: Byrd (1) 26 27 Donovan moved to get clarification from Cascadia on item six from the staff memo 28 dated July 30 regarding State Environmental Policy Act (SEPA) rules. 29 30 The motion was seconded. 31 32 The motion carried by the following vote: 33 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) 34 Nays: Brenner (1) 35 Absent: Byrd (1) 36 37 Buchanan moved to accept staff's recommendation for Standard Industrial 38 Classification (SIC) in the July 30 staff memo, to amend WCC 20.68.050, "Unless 39 otherwise... and implementing regulations. The PLIFpese ef the SIC numbeFs ... and any 40 applieable subaFea plaR-." 41 42 The motion was seconded. 43 44 The motion carried by the following vote: 45 Ayes: Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu (6) 46 Nays: None (0) 47 Absent: Byrd (1) 48 49 Browne moved for staff to scrub the entire document to make sure there are no 50 undefined abbreviations in the document. 51 52 The motion was seconded. 53 Special Committee of the Whole, 7/30/2019, Page 4 1 Browne's motion to amend carried by the following vote: 2 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) 3 Nays: None (0) 4 Absent: Byrd (1) 5 Abstains: Brenner (1) 6 7 Browne moved to amend WCC 20.74.055, "(2) Conversion of Renewable Fuels 8 Facilities and Transshipment Facilities to fossil fuel facilities unless a new permit is issued 9 under the conditions applicable for increasesin capacity for fossil fuel facilities in Chapter 10 2068„ 11 12 The motion was seconded. 13 14 The motion carried by the following vote: 15 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) 16 Nays: Brenner (1) 17 Absent: Byrd (1) 18 19 Browne moved to add a section, "20.74.115 Change'; of Use of Renewable Fuels 20 Facilities. A change of use of a Renewable Fuels Facilities or Transshipment Facilities to a 21 fossil fuel 'facility is prohibited unless a new permit is issued under the conditions` applicable 22 for 'increases in capacity for fossil fuel facilities in Chapter 20.68" 23 24 The motion was seconded. 25 26 Buchanan requested a friendly amendment that the any change in use from a 27 renewable fossil fuel to another transshipment facility requires a change of use permit per 28 those provisions. 29 30 Browne accepted the friendly amendment. 31 32 Browne's motion to amend carried by the following vote: 33 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) 34 Nays: None (0) 35 Absent: Byrd (1) 36 Abstains: Brenner (1) 37 38 Browne moved to amend to add a new section to WCC 20.68.200, ".207'Coal-fired 39 power plants." 40 41 The motion was seconded. 42 43 Browne's motion to amend carried by the following vote: 44 Ayes: Browne, Buchanan, Donovan, Frazey, and Sidhu (5) 45 Nays: None (0) 46 Absent: Byrd (1) 47 Abstains: Brenner (1) 48 49 Councilmembers and staff discussed next steps. Council will schedule this item on 50 August 7 to finalize and forward to Planning Commission. 51 52 53 Special Committee of the Whole, 7/30/2019, Page 5 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 OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 2:56 p.m. The Cgy,nril approved these minutes on September 10, 2019. Z) ©cc) D;3na fro -D 8 t�'av" ,` 6unct Clerk ®m� H Jill Nixon, Minutes Transcription WHATCOMJ:OUNTY COUNCIL WHATCQJTCOUNTY, WASHINGTON Mud Browne, ncil Chair Special Committee of the Whole, 7/30/2019, Page 6